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O-2021-071 2 3 4 5 6 7 8 9 ORDINANCE NO. 2021-07 AN ORDINANCE OF MIAMI SHORES VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING THE OFFICIAL ZONING MAP TO REFLECT A DISTRICT BOUNDARY CHANGE; REZONING CERTAIN PROPERTY, BEARING FOLIO NUMBER 11-3206-013-4030, CONSISTING OF .37 ACRES (+/-) FROM PARKING (P) TO BUSINESS DISTRICT (8-1 ); PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 10 11 12 WHEREAS, the property bearing folio number 11-3206-013-4030 (the "Property") is a 13 parcel located at approximately 230 NE 97 Street, consisting of approximately .37 acres and 14 bears the legal description set forth in exhibit "A" hereto attached; and 15 16 WHEREAS, the properties to the East and South of the property are zoned Residential; 17 the property to the North is Zoned Parking; and the property to the West is Zoned Business 18 District (B-1); and 19 20 WHEREAS, pursuant to Chapter 166, Florida Statutes, a change of zoning, otherwise 21 known as a district boundary change, of less than 10 acres, requires consideration by the Local 22 Land Planning Agency, plus two public meetings to consideration an ordinance change; and 23 24 WHEREAS, pursuant to Section 163.3174, Florida Statutes the Planning and Zoning 25 Board has been designated as the Local Planning Agency for the Village; and 26 27 WHEREAS, after a public hearing on June 10, 2021, the Planning Board recommended 28 approval to council for the proposed amendment; and 29 30 WHEREAS, to approve a rezoning, the request must be consistent with the Village's 31 Comprehensive Plan; and 32 33 WHEREAS, the Village Council, now desires to rezone the property from Parking (P), to 34 Business District (B-1 ). 35 36 NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI 37 SHORES VILLAGE, FLORIDA, AS FOLLOWS: 38 39 Section 1. The Miami Shores Village, Official Zoning Map shall be amended as 40 follows: See attachment "A" 41 42 43 Section 2. Conflicting Provisions. All Village Code Provisions, ordinances or parts 44 of ordinances, in conflict with the provisions of this ordinance are hereby repealed but only to 45 the extent of such conflict. 46 4 7 Section 3. Severability. The provisions of this Ordinance are declared to be 48 severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any Page 1 of2 ,-\dditions shown by underlining and deletions shown by OT, eistrilang. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Ordinance, but they shall remain in effect being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 4. Codification. It is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Zoning Appendix to the Code of Ordinances of the Miami Shores Village, Florida, that sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions, and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 5. Effective Date. This ordinance shall take effect immediately after enactment, on second reading. PASSED and ENACTED this 2nd day of November 2021. Attest: Sandra Harris, Mayor Ysa APPROVED AS TO FORM: Page2of2 Additions shown by underlining and deletions shown by overstri:luag. Attachment “A” Zoning Map Existing Zoning “Parking”Proposed Zoning “Business B-1” Full Legal Description 1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10 70 LOTS 8 & 9 BLK 30 LOT SIZE 11500 SQ FT OR 19654-2423 04 2001 6 (2)