Marshall Williamson Rezoning Ordinance RS4_RM18_2014_numberedORDINANCE NO. _______________ 1
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An Ordinance related to a request for a zoning map amendment to the City of South 3
Miami official zoning map, to re-zone the Agency owned property assemblage 4
referred to as the Marshall Williamson properties, folio numbers 09-4025-000-0850; 5
09-4025-000-0852; and 09-4025-065-0090, from a current zoning designation of "RS-6
4" (Single-Family) to the "RM-18" (Low Density Multi-Family Residential) to allow 7
for additional residential dwelling units within the Madison Square Mixed-Use 8
Development Project. 9
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WHEREAS, on June 10, 2013, the South Miami Community Redevelopment Agency (SMCRA) 11
Board voted to submit application PB-13-028 to the Planning and Zoning Department; said application 12
requesting an amendment to the official zoning map of the City of South Miami by changing the zoning 13
use district for the property assemblage known as Marshall Williamson properties (Madison Square 14
redevelopment west), having the following Folio numbers: 09-4025-000-0850; 09-4025-000-0852; and 15
09-4025-065-0090 from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (Low 16
Density Multi-Family Residential); and 17
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WHEREAS, the purpose of the change of zoning is to provide compatibility with the Future Land 19
Use Designation of Multi Family Residential, and to permit development of additional affordable two-20
story residential townhomes, as a part of the Madison Square Mixed Use Development Project; and 21
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WHEREAS, after review and consideration, the Planning and Zoning Department recommended 23
approval of the requested zoning use district amendment, in conjunction with a companion application for 24
a Future Land Use Map amendment from Single Family Residential to Multiple Family Residential ; and 25
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WHEREAS, on August 13, 2013, the Planning Board considered application PB-13-028, and 27
following a public hearing, recommended approval of the proposed amendment to the official zoning map 28
by a vote of 5 ayes and 0 nays; and 29
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WHEREAS, the City Commission desires to accept the recommendation of the Planning Board. 31
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 33
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 34
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Section 1
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The Commission finds that the approval of the rezoning request is for a public purpose 37
and substantially advances the health, safety and general welfare of the community, and benefits the 38
public, in general, as opposed to solely providing an individual benefit. 39
Section 2.
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The proposed change to the City’s Official Zoning Map requested by South Miami 41
Community Redevelopment Agency Application No. PB-13-028; said application requesting an 42
amendment to the official zoning map of the City of South Miami by changing the zoning use district for 43
the property assemblage known as Marshall Williamson properties (Madison Square redevelopment 44
west), having the following Folio numbers: 09-4025-000-0850; 09-4025-000-0852; and 09-4025-065-45
0090 from a current zoning designation of "RS-4" (Single-Family) to the "RM-18" (Low Density Multi-46
Family Residential), is hereby _____________________________________________. 47
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Section 3.
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Severability. If any section, clause, sentence, or phrase of this ordinance is for any 1
reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 2
the validity of the remaining portions of this ordinance. 3
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and 5
parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the 6
intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being 7
in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict 8
needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by 9
amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion 10
that needs to be repealed to harmonize the two ordinances shall be repealed. 11
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Section 5. Effective Date. This ordinance shall become effective upon enactment. 13
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PASSED AND ENACTED this ________ day of ________________________, 2014. 17
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ATTEST: APPROVED: 19
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________________________ ________________________ 22
CITY CLERK MAYOR 23
1st Reading: September 3, 2013 24
2nd Reading: 25
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READ AND APPROVED AS TO FORM: COMMISSION VOTE: 27
LANGUAGE, LEGALITY AND Mayor Stoddard: 28
EXECUTION THEREOF Vice Mayor Harris: 29
Commissioner Liebman: 30
Commissioner Welsh: 31
________________________ Commissioner Edmond: 32
CITY ATTORNEY 33