HomeMy WebLinkAboutLegislation (v2) (2)File Number•: 15-00719zc
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 T3-0 "SUB -URBAN
TRANSECT ZONE OPEN" TO T4 -L "GENERAL URBAN TRANSECT ZONE
LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2970
SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT;
2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957,
2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983
SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 1,
2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-045 by a vote of
eight to zero (8-0), item PZAB.7, recommending DENIAL of the Zoning Change as set forth; and
WHEREAS, the proposed zone change is in harmony with the requested land use pattern and
the adjacent and nearby districts; and
WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood
or the city; and
and
WHEREAS, changing conditions make the passage of the proposed zone change necessary;
WHEREAS, there are substantial reasons why the use of the property is unfairly limited under
existing zoning; and
WHEREAS, the proposed zone change will contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and_
WHEREAS, the proposed zone change will 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,
City of Miami Page I of 2 File Id: 15-00719ze (Version: 2) Printed On., 7/13/2015
City of Miami
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199,09F SAM.
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Legislation
Ordinance
File Number•: 15-00719zc
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 T3-0 "SUB -URBAN
TRANSECT ZONE OPEN" TO T4 -L "GENERAL URBAN TRANSECT ZONE
LIMITED", FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2970
SOUTHWEST 37TH AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT;
2955, 2965, 2971, 2952, 2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957,
2981, 2952, AND 2970 SOUTHWEST 38TH COURT; AND 2961 AND 2983
SOUTHWEST 39TH AVENUE, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 1,
2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-045 by a vote of
eight to zero (8-0), item PZAB.7, recommending DENIAL of the Zoning Change as set forth; and
WHEREAS, the proposed zone change is in harmony with the requested land use pattern and
the adjacent and nearby districts; and
WHEREAS, the proposed zone change is not out of scale with the needs of the neighborhood
or the city; and
and
WHEREAS, changing conditions make the passage of the proposed zone change necessary;
WHEREAS, there are substantial reasons why the use of the property is unfairly limited under
existing zoning; and
WHEREAS, the proposed zone change will contribute to the improvement of development of
properties in the adjacent area in accordance with existing regulations; and_
WHEREAS, the proposed zone change will 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,
City of Miami Page I of 2 File Id: 15-00719ze (Version: 2) Printed On., 7/13/2015
File Number; 15-00719zc
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 classification from T3-0 "Sub -Urban General Transect Zone Open" to T4 -L
"General Urban Transect Zone Limited", for the properties located at approximately 2970 SW 37th
Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952, 2964, and 2970 SW 38th
Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983 SW 39th Avenue,
Miami, Florida, 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 may not become effective until thirty-one (31) days after second
reading and adoption thereof, pursuant and subject to §163.3187, Florida Statutes,{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
C I TY ATTO R N EY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) 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 Mianti Page 2 of 2 File Irl. 15-00719ze (version: 2) Printed Oru 7/13/2015