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HomeMy WebLinkAboutO-13530Vop City of Miami Legislation < U R �O Ordinance: 13530 File Number: 15-00406ze City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/25/2015 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 41ST 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 City of Miand Page 1 of 2 File Id. I5 -004067c (Version: 5) Printed On: 3/7/2018 File Number: 15-00406zc Enactment Nnmber: 13530 WHEREAS, the approval of this change of the Zoning Atlas is adopted and recognizes the Owner's proferred Declaration of Restrictions which are accepted by the City Commission; 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: 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 Cl "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 Cl "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} 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. I5 -004067c (Version: 5) Panted On: 3/7/2018