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HomeMy WebLinkAbout06-11-15 CC Legislation (v2)is City of Miami Legislation Ordinance File Number: 15-00406zc City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM T4-0 "GENERAL URBAN TRANSECT ZONE OPEN" WITH MIAMI DESIGN DISTRICT SPECIAL AREA PLAN TO T5-0 "URBAN CENTER TRANSECT ZONE OPEN"; AND T3 -L "SUB -URBAN TRANSECT ZONE LIMITED" TO T4-0 "GENERAL URBAN TRANSECT ZONE OPEN", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 53 AND 61 NORTHEAST 41 ST STREET AND 50, 58, AND 68 NORTHEAST 42ND STREET, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on May 6, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-* by a vote of * to * (*-*), item no. *, recommending * of the Zoning Changes as set forth; and WHEREAS, the proposed zone changes * in harmony with the established land use pattern and the adjacent and nearby districts; and WHEREAS, the proposed zone changes * out of scale with the needs of the neighborhood or the city; and WHEREAS, the proposed zone changes * maintain the same or similar population density pattern and thereby * increase or overtax the load on public facilities such as schools, utilities, streets, etc.; and WHEREAS, the proposed zone changes * create district boundaries that are illogically drawn in relation to existing conditions on the properties proposed for change and there * changing conditions making the passage of the proposed changes necessary; and WHEREAS, the proposed zone changes * contribute to the improvement of development of properties in the adjacent area in accordance with existing regulations; and WHEREAS, the proposed zone changes * convey the same treatment to the individual owner as to the owners within the same classification and the immediate area and furthers the protection of the public welfare; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change of zoning classification as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page I of 2 File Id. 15-00406zc (Version: 2) Printed On: 412812015 File Number: 15-00406zc Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Zoning Atlas of Ordinance No. 13114, as amended, * further amended by changing the zoning classifications for the properties at 53 and 61 NE 41st Street, Miami, Florida, from T4-0 "General Urban Transect Zone Open" with Miami Design District Special Area Plan to T5-0 "Urban Center Transect Zone Open"; and a zoning change for the properties located at 50, 58, and 68 NE 42nd Street, Miami, Florida, from T3 -L "Sub -Urban Transect Zone Limited" to T4-0 "General Urban Transect Zone Open", as described in "Exhibit A", attached and incorporated. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to §163.3187(3)(c), Florida Statutes.{1} APPROVED AS TO FORM AND CORRECTNESS VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id. 15-00406zc (Version: 2) Printed On: 412812015