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Ordinance
File Number: 15-00406zc
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 Cl "CIVIC INSTITUTIONAL"; AND T3 -L "SUB -URBAN TRANSECT ZONE
LIMITED" TO Cl "CIVIC INSTITUTIONAL"; 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,
deferred this item to July 1, 2015; and
WHEREAS, the City Commission, at its meeting on May 14, 2015, directed the Miami
Planning, Zoning and Appeals Board to hear this item on June 3, 2015; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on June 3, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-15-028 by a vote of ten to one
(10-1), item no. 3, recommending DENIAL of the Zoning Changes as set forth; and
WHEREAS, the proposed zoning changes are in harmony with the established land use
pattern and the adjacent and nearby districts; and
WHEREAS, the proposed zoning changes are not out of scale with the needs of the
neighborhood or the city; and
WHEREAS, the proposed zoning changes do maintain the same or similar population density
pattern and thereby do not increase or overtax the load on public facilities such as schools, utilities,
streets, etc.; and
WHEREAS, the proposed zoning changes do not create district boundaries that are illogically
drawn in relation to existing conditions on the properties proposed for change and there are changing
conditions making the passage of the proposed changes necessary; and
WHEREAS, the proposed zoning changes do contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and
WHEREAS, the proposed zoning changes do 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
City of Miami Page I of 2 File Id: I5 -004067c (Version: 4) Printed On: 6112/2015
File Number.' 15-00406zc
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:
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, is further amended by
changing the zoning classifications for the properties at 53 and 61 Northeast 41 st Street, Miami,
Florida, from T4-0 "General Urban Transect Zone Open" with Miami Design District Special Area Plan
to CI "Civic Institutional"; and a zoning change for the properties located at 50, 58, and 68 Northeast
42nd Street, Miami, Florida, from T3 -L "Sub -Urban Transect Zone Limited" to CI "Civic Institutional", as
described in "Exhibit A", attached and incorporated.
Section 3. If any section, part of a 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. 15-00406ze (Version: 4) Printed On: 611212015