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HomeMy WebLinkAboutO-13710City of Miami Legislation Ordinance: 13710 File Number: 2849 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/26/2017 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 CS, "CIVIC SPACE ZONE," TO T6-80-0, "URBAN CORE ZONE," FOR THE PROPERTY LOCATED AT APPROXIMATELY 104 NORTHWEST 1 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami City Commission, at its meeting on June 24, 2014, following an advertised public hearing at which all interested persons were afforded the opportunity to be heard, adopted Ordinance No. 13474, which amended the Zoning Atlas of Ordinance No. 13114, as amended, by changing the zoning classification from T6-80-0, "Urban Core Zone," to CS, "Civic Space Zone," for the property located at approximately 104 Northwest 1 Avenue, Miami, Florida ("Property"); and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") considered this item to return the zoning classification of the Property to T6-80-0, "Urban Core Zone," on July 31, 2017; and WHEREAS, after careful consideration of this matter, four (4) members of the PZAB voted in favor of recommending approval of the zoning change as stated herein and four (4) members of the PZAB voted in favor of recommending denial of the zoning change as stated herein, as further memorialized in PZAB-R-17-048, which constitutes a failure by PZAB to recommend approval of the proposed zoning change; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City of Miami ("City") and its inhabitants that this change of zoning classification as hereinafter set forth be granted; 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 The City Commission finds and concludes that: a. Ordinance No. 13474 is hereby repealed and shall be of no force and effect for any or all purposes. b. The City Clerk is hereby directed to reflect in the records of the City the repeal of Ordinance No. 13474 and any notations to the effect of such repeal made by the City Clerk are hereby approved. City of Miami Page 1 of 2 File ID: 2849 (Revision: A) Printed On: 9/10/2018 File ID: 2849 Enactment Number: 13710 c. The Property will revert to the zoning classification of T6-80-0, "Urban Core Zone," that existed prior to the enactment of Ordinance No. 13474. d. The City Manager or his designee is hereby directed to enter into the records of the City the act of the City Commission repealing Ordinance No. 13474 and to cause the zoning classification of the Property to be classified in the Zoning Atlas of Ordinance No. 13114, as amended, as T6-80-0, "Urban Core Zone." Section 3. All rights, actions, proceedings of the City, including the City Commissioners, the City Manager, or any of its departments, boards, or officers undertaken pursuant to the existing Code provisions, shall be enforced, continued, or completed, in all respects, as though begun or executed hereunder. Section 4. 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 5. This Ordinance shall become effective in the manner provided by law.' APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i ' ndez, City Attor i ey 10/1612017 ' 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 Miami Page 2 of 2 File ID: 2849 (Revision: A) Printed on: 9/10/2018