HomeMy WebLinkAboutO-11671J-98-531
05/25/98 11671
ORDINANCE NO. .i.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE. DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY 3188
SOUTHWEST 18th STREET AND 1801 SOUTHWEST 32nd
AVENUE, MIAMI, FLORIDA, FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES;.CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning Advisory Board, at its meeting of
March 18, 1998, Item No. 3, following an advertised hearing,
adopted Resolution No. PAB 27-98, by a vote of four to two (4-2),
RECOMMENDING APPROVAL of an amendment to the Future Land Use Map
of Ordinance No. 10544, as amended, the Miami Comprehensive
Neighborhood Plan 1989-2000, as hereinafter set forth; 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 Comprehensive Plan change 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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
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Section 2. The Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood Plan
1989-2000, is hereby amended by changing the land use
designations from Duplex Residential to Restricted Commercial,
for the properties located at approximately 3188 Southwest 18th
Street and 1801 Southwest 32nd Avenue, Miami, Florida, more
particularly described as follows: Lots 11 and 12 in Block 4,
LYNDALE SECOND ADDITION SUBDIVISION, Plat Book 8 at Page 15, of
the Public Records of Dade County, Florida.
Section 3. It is hereby found that this Comprehensive
Plan designation change:
(a) is necessary due to changed or changing conditions;
(b) involves a land use of more than 10 acres or a density.
of more than 10 units per acre or involves other land
use categories, singularly or in combination with
residential use, of more than 10 acres;
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
the last year;
(d) is one which does not involve the same owner's property
within 200 feet of property that has been granted a
Comprehensive Plan change within the prior twelve
months;
(e) the proposed amendment does not involve a text change
to goals, policies, and objectives of the local
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government's comprehensive plan, but only proposes a
land use change to the future land use map;
(f) is one which is not located within an area of critical
state concern.
Section 4. The City Manager is hereby directed to
instruct the Director of Planning and Development to immediately
transmit a copy of this Ordinance, upon approval on First Reading
and again after its adoption on Second Reading to: James F.
Murley, Secretary, Florida. Department of Community Affairs,
Tallahassee, Florida; Carolyn Dekle, Executive Director, South
Florida Regional Planning Council, Hollywood, Florida; Sam E.
Poole, Executive Director, South Florida Water Management
District, West Palm Beach, Florida; Ben G. Watts, Secretary,
Department of Transportation, Tallahassee, Florida; and Virginia
B. Wetherell, Executive Director, Department of Environmental
Protection, Tallahassee, Florida.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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.
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116'71
Section 7. This Ordinance shall become effective after
second and final reading and adoption thereof pursuant and
subject to § 163.3189, Fla. Stat. (1997).
PASSED ON FIRST READING BY TITLE ONLY this 26th day of
May , 1998.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 23rd day of June 1998.
ATTEST:
JOE CAROLLO, MAYOR
btaccordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
1legislation by signing it in the designated place provided, said legislation onvi
,tames effective with the elapse often (10) days from the date of Comrrssicn action
mkiWding same, without the Mayor PxercisiM Ai eto. / 1 , 7
WALTER J. FOEMAN
CITY CLERK
PREPARED AND APPROVED BY
GEORtE e. WYSONG, II
ASSISTANT CITY ATTORNEY
APPROVED, -A`§ TO AND
CORRECTNESS:
LARELLO
Y
O1
Walter J. F OmKn. City Clerk
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Pz- I I
SECOND READING
PLANNING FACT .SHEET
APPLICANT City of Miami Department of Planning and Development..
HEARING DATE March 18, 1998.
REQUEST/LOCATION Approximately 3188 SW 18th Street and 1801 SW 32nd
Avenue.
LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards
Office.
PETITION Consideration of amending Ordinance 10544, as amended, the
City of Miami Comprehensive Neighborhood Plan by amending
the Future Land Use Map by changing the land use designation
for the properties located at approximately 3188 SW 181h Street
and 1801 SW 32nd Avenue from "Duplex Residential " to
"Restricted Commercial".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis and recommendation.
ANALYSIS
PLANNING ADVISORY BOARD: Approval VOTE: 4-2
CITY COMMISSION: passed First Reading on May 26, 1998.
APPLICATION NUMBER 98-003 Item #3
...............................................................................................................................................................................................................
CITY OF MIAMI - DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2NO AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
:...D.ate..t-e- .........
0..........................................................................................................................................................................................................
: 5/08/98 Page 1
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ANALYSIS FOR LAND USE CHANGE REQUEST
Approximately 3188 SW 18th Street and 1801 SW 32°d Avenue.
Application No. 98-02.
DISCUSSION
The proposal has been reviewed for a change to the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan 1989-2000 from Duplex Residential to Restricted
Commercial . The subject property consists of a .33 acre parcel, Lots 11 and 12, on
Block 4, LYNDALE SECOND ADDITION SUBDIVISION (8 - 15).
Miami Comprehensive Neighborhood Plan (MCNP) Land Use Policy 1.6.1., established
future land use categories according to the Future Land Use Plan Map and the
"Interpretation of the Future Land Use Plan Map". The subject property is currently
designated Duplex Residential and the same designation is immediately to the south and
east; to the north, the designation is Restricted Commercial and, to the west, the
designation is Single Family Residential.
The Duplex Residential land use category allows residential structure of up to two
dwelling units each to a maximum density of 18 dwelling units per acre, subject to the
detailed provisions of the applicable land development regulations and the maintenance
required levels of service. Other permissible land uses include community -based
residential facilities (14 clients or less, not including drug, alcohol or correctional
rehabilitation facilities); places of worship, child care centers and adult day care centers
and primary and secondary schools are also permissible in suitable locations within this
land use designation.
The Restricted Commercial category accommodates commercial activities that
generally serve the daily retailing and service needs of the public, typically requiring easy
access by personal auto and often located along arterial or collector roadways. Residential
uses equivalent to High Density Multifamily Residential, up to 150 dwelling units per
acre, including hotels, are also permissible within this land use category. Commercial
uses include general retailing, personal and professional services; real state; banking and
other financial services; restaurants; saloons and cafes; general entertainment facilities
and private clubs and recreation facilities whose scale and land use impacts are similar in
nature to those uses described above. Other permissible land uses include motels and
hotels; community based residential facilities; offices; major sports and exhibition or
entertainment facilities; places of worship and primary and secondary schools. Mixed -
uses containing commercial, office and/or residential are also permissible within this land
use designation. 11671
The Department of Planning and Development is recommending approval of
the application as presented based on the following findings:
• It is found that in the Zoning Atlas under Zoning Ordinance 9500 (the Ordinance
prior to Ordinance 11000) the designation of the two subject lots was the equivalent
to Restricted Commercial (see attached map).
• It is found that the Miami Comprehensive Neighborhood Plan (MCNP) map was
adopted in 1989, the same year that Ordinance 11000 was adopted.
• It is found that in the process of adopting the MCNP map, the subject lots were
excluded by mistake from the Restricted Commercial designation; this application is
in order to correct that omission.
• It is found that on one of the two subject lots, the actual use is, and has been,
commercial for almost 30 years with no changes.
• It is found that this application is not in conflict with the MCNP Housing Policies
1.1.5. and 1.2.7. which require the City to preserve and enhance the general
appearance and character of the City's neighborhood. subject properties.
These findings support the position that the existing land use pattern in this neighborhood
should be changed.
It also should be stated, that MCNP Land Use Policy 1.1.1. requires development or
redevelopment, that results in an increase in density or intensity of land use, to be
contingent upon availability of public facilities and services that meet or exceed the
minimum LOS standards adopted in the Capital Improvement Element (CIE) (CIE
Policy 1.2.3.). It is found that the attached Concurrency Management Analysis pertaining
to concurrency demonstrates that no levels of service would be reduced below minimum
levels.
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RESOLUTION PAB - 27 -98
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING
ORDINANCE 10544, AS AMENDED, THE CITY OF MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN BY AMENDING THE
FUTURE LAND USE MAP BY CHANGING THE LAND USE
DESIGNATION FOR THE PROPERTIES LOCATED AT APPROXIMATELY
3188 S.W. 18'*H STREET AND 1801 S.W. 32ND AVENUE FROM DUPLEX
RESIDENTIAL TO RESTRICTED COMMERCIAL.
HEARING DATE: March 18, 1998
ITEM NO. 3
VOTE: 4-2
ATTEST,./
—Loufdes Slazyk, Ass ant D#ggr
Department of Planning and
Development
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REC',E'VE D
*98 JUL _8 410.48
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LI�_� t �K�� f�tj
Ty OF � ,._ );p FLU
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookie Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review flkla Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11671
Court, In the XXXXXXX
.......................
wps published ly6ld raawspaper In the Issues of
Afflant further says that the said Miami Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mail matter at the post
office in Miami In said Dade County, Florida, for a period of
one year ext preceding the first publication of the attached
copy o a ertlsement; and affiant further says that she has
neith p d nor promised any person, firm or corporation
any d sc nt, rebate, commission or refund for the purpose
of se u g this advertisement for publication In the said
6 7oWnd subscr a be a me this
...... day ............. .. .. D. 19......
SEAL
........... . .. ...
1 P �� JANET RE A
(SEAL) 0 , {• n CQMIASBtON NUMBER
Sookie Williams person �r, i ff* C C 5 66 00 4
MY COMMISSION EXPIRES
yreo; F\. JUNE 23,2000
--
' - - C1TY OF, MId►M1, FLORIDA - -
LEGAL NOTICE
-"Alitiritere"sted�pers6ns"will-take`noticethat=oh'the°23th"day of June
1998;-the City Commission of Miami; Florida, adopted the following ti-
tled,ordinances:
c i ORDINANCE NO. 11666
AN ORDINANCE -AMENDING: CHAPTER 40, ARTICLE. III, OF THE
CODE.'OF.THE CITY'OF MIAMI, FLORIDA, AS AMENDED, ENTI-
TLED "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS
TO PROVIDE THAT. SUBJECT TO ANY PROVISION IN AN EXIST-
ING LABOR AGREEMENT, REAPPOINTED EMPLOYEES SHALL
ONLY,RECEIVE1CREDIT FOR SERVICE RENDERED PRIOR TO
RE-EMPLOYMENT FOR. THE PURPOSE OF MEETING THE TIME -
IN -GRADE REQUIREMENT NECESSARY FOR TAKING A PROMO- `
TIONAL- EXAMINATION; -MORE PARTICULARLY BY AMENDING
SECTION 40419(b) 'of SAID CODE; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN'
EFFECTIVE DATE.
ORDINANCE NO. 11667
AN ORDINANCE AMENDING CHAPTER 40, ARTICLE III, OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTI-
TLED: "PERSONNEUCIVIL SERVICE RULES AND REGULATIONS", '
TO REDUCE THE NUMBER OF PERSONS TO BE CERTIFIED AS
CANDIDATES FOR POLICE OFFICER ON OPEN COMPETITIVE
REGISTERS; MORE PARTICULARLY BY AMENDING SUBSECTION
.46-88(a)(1) AND REPEALING- SUBSECTION -4l)-88(a)(2); CONTAIN-
ING A REPEALER PROVISION AND A, SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE. -
ORDINANCE N6.11668 ;
AN, ORDINANCE, WITH ATTACHMENT, AMENDING THE ZONING
ORDINANCE AND PAGE -NO. 37 OF THE ZONING ATLAS OF THE:-'
CITY OF, MIAMI, FLORIDA* BY CHANGING THE ZONING .CLASSI-
_FICATION FROM O OFFICE TO SD-5 BRICKELL AVENUE AREA
RESIDENTIAL -OFFICE DISTRICT FOR .THE PROPERTY LOCATED
AT APPROXIMATELY 194-218 SOUTHEAST 14TH STREET, MIAMI,
FLORIDA; MORE PARTICULARLY. LEGALLY DESCRIBED HEREIN;
MAKING FINDINGS; CONTAINING A REPEALER -PROVISION AND --
A SEVERABILITY_ CLAUSE; AND PROVIDING FOR AN EFFECTIVE_
DATE.
.. i
ORDINANCE NO. 11669
AN ` ORDINANCE AMENDING THE -FUTURE. LAND USE MAP OF
!THE COMPREHENSIVE •NEIGHBORHOOD PLAN BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTY -LOCATED AT '
APPROXIMATELY- 3615 NW 23RD COURT, FROM MEDIUM DEN-
SITY RESIDENTIAL TO GENERAL COMMERCIAL; MAKING FIND-
INGS; DIRECTING -TRANSMITTALS TO AFFECTED AGENCIES;
CONTAINING A REPEALER PROVISION AND .A SEVERABILITY.
CLAUSE;.AND PROVIDING FOR AN EFFECTIVE DATE. -
ORDINANCE NO. T1670 . •
AN ORDINANCE; WITH ATTACHMENT(S), AMENDING PAGE NO. t
.34 OFTHE ZONING ATLAS OF THE CITY -OF MIAMI, FLORIDA, 'BY
-CHANGING -THE ZONING CLASSIFICATION FROM R-3 MULTIFAM-
ILY MEDIUM DENSITY RESIDENTIAL TO C-2 LIBERAL COMMER-
CIAL FOR THE PROPERTY LOCATED' AT APPROXIMATELY. 3615-
NORTHWEST 23 COURT MIAMI, FLORIDA; MAKING FINDINGS;
' CONTAINING:A REPEALER. PROVISION AND A SEVERABILITY:
CLAUSE; AND PROVIDING FOR.AN EFFECTIVE DATE. 1
ORDINANCE NO
AN ORDINANCE AMENDING THE AND USE MAP OF
THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING I
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED
AT APPROXIMATELY 3188 SOUTHWEST 18TH STREET AND 1801
SOUTHWEST 32ND AVENUE MIAMI FLORIDA FROM DUPLEX
-RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FIND-
INGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;'.
CONTAINING A' -REPEALER PROVISION' AND. A`SEVERABILITY
CLAUSE; AND PROVIDING,FOR AN EFFECTIVE.DATE. :.
ORDINANCE NO. 11672 '
AN,ORDINANCE,AMENDING-PAGE NO. 40 OF THE -ZONING -AT-
LAS OF THE CITY OF, MIAMI, FLORIDA, BY CHANGING THE '
ZONING' CLASSIFICATION FROM R-2 TWO-FAMILY RESIDENTIAL
TO C-1 RESTRICTED'COMMERCIAL FOR THE PROPERTIES_ L0=
CATED AT APPROXIMATELY 3188 SOUTHWEST 18TH STREET `
AND 1801 SOUTHWEST 32ND AVENUE MIAMI; FLORIDA; MAKING.
FINDINGS; CONTAINING 'A REPEALER .PROVISION AND A'SEV-
ERABILITY CLAUSE;'AND PROVIDING FOR AN EFFECTIVE DATE:
ORDINANCE NO. 11_11673'
ADINANCE. W-1-T-H-AT-TA-b,-HM-ENT.'-AMEN-DI-N, G. -THEOURE
LAND USE MAP OF THE COMPREHENSIVE" NEIGHBORHOOD
PLAN. BY CHANGING THE LAND USE DESIGNATION FOR THE
PROPERTY LOCATED AT APPROXIMATELY 900 SOUTHWEST,
1ST STREET (MANUEL ARTIME AUDITORIUM) FROM MAJOR IN-
STITUTIONAL, PUBLIC FACILITIES, -TRANSPORTATION AND
UTILITIES, TO -RESTRICTED COMMERCIAL; MAKING FINDINGS;.
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CON-
TAINING_ REPEALER PROVISION AND A. SEVERABILITY
CLAUSE; AN * D PROVIDING FOR AN EFFECTIVE DATE.,
ORDINANCE NO. 11674
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE NO. 35
OF THE ZONING ATLAS OF THE CITY OF "MIAMI, FLORIDA, BY
CHANGING THE ZONING CLASSIFICATION FROM GA'GOVERW
MENT AND INSTITUTIONAL TO C-1 -RESTRICTED COMMERCIAL
FOR THE PROPERTY LOCATED APPROXIMATELY 900 SOUTH-
WEST -1ST STREET, MIAMI, FLORIDA (MANUEL ARTIME AUDI-'
TPRIUM); MAKING, FINDINGS;- CONTAINING -A REPEALER PRO-
VISION AND A SEVERABILITY CLAUSE; AND -PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO. 11675
AN ORDINANCE AMENDING' PAGE NO. 20 OF THE ZONING AT-
LAS- OF: THE CITY OF MIAMI, FLORIDA,- BY .CHANGING; THE
-ZONING.-CLASSIFICATION FROM G/1 GOVERNMENT AND -INSTk
.TUTIONAL TO R-3 MEDIUM DENSITY -MULTI' -FAMILY RESIDEN-.
,TIAL FOR THE PROPERTY LOCATED AT APPROXIMATELY 2301
NORTHWEST 10TH AVENUE,-,- MIAMI, FLORIDA-- MAKIING-FIND-
INGS;,QONTAINING A REPEALER PROVISION AND'A SEVERABIL-
ItY..QLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.."
ORDINANCE, NO."111676
AN ORDINANCE AMENDING ORDINANCE NO.. 11000, 'AS
AMENDED,: HE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 4,-SECTION 401 SCHEDULE OF DISTRICT
:,REGULATIONS; IN ORDER TO ALLOW CERTAIN PROCESSING,
.AND WHOLESALING USES (INCLUDING I CUSTOMARY -AccLs-
SORY. USES) OF SEAFOOD PRODUCTS BY -CLASS 11 ';SOECIAL
. PERMIT- WITHIN C-1 RESTRICTED COMMERCIAL ZONING DIS-
1,.T-RICTS; CONTAINING A REPEALER PROVISION AND A SEVER -
ABILITY CLAUSE;,AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11677
ORDINANCE AMENDING'. ORDINANCE -,NO., 11000; AS
,AMENDED, THE ZONING, ORDINANCE OF THE CITY OF MIAMI,.BY
,-AMENDING ARTICLE 9'SECTION :926-j0f_ALLOW A,CLASS 11
SPECIAL. PERMIT, WITH "CITY COMMISSION APPROVAL; FOR
SIGNS WHICH HAVE ARTISTIC OR GRAPHIC:YALUE 'PROVIDING
FOR THE LOCATION, REGULATION AND CONDITION.,-FOR-rkE
-APPROVAL OF SUCH SIGNS; CONTAINING, A - REPEALEA,PROVI-
-:SION AND•SE�VERABILITY CLAUSE; AND PROVIDING FORIAN EF-
FECTIVE DATE. w2.
ORDINANCE NO. 11678
AN, ORDINANCE :AMENDING CHAPTER 35, ENTITLED "MOTOR
VEHICLES.AND TRAFFIC'- OF THE CODE 'OF THE CITY OF MIAMI".
,TLORIDA, BY AMENDING ARTICLE Vill ENTITLED "VALET_ PARK-
ING" PROVIDING FOR THE ESTABLISHMENT OF VALET PARKING,
IN THE SD-5, SD-6 AND SD-7 ZONING DISTRICTS, AS DEFINED IN
ORDINANCE NO. 11000, AS'AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI -FLORIDA: -CONTAINING A REPEALER -
PROVISION. AND- A SEVERABILITY CLAUSE; !AND PROVIDING
FOR AN EFFECTIVE DATE. - . . " . I .,
ORDINANCE NO: 11679
AN ORDINANCE,AMENDING CHAPTER 4, OF THE CODE OF THE
OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC
BEVERAGES", BY- ADDING. NEW SECTION 4-13- ENTITLED
"CENTRAL BUSINESS DISTRICT DISTANCE REQUIREMENTS",,.T.O
PERMIT SALE OF LIQUOR IN RESTAURANTS, CAFES, CAFETE-
RIA AND DELICATESSENS WITH SEATING FOR 50 OR MORE
CUSTOMERS; CONTAINING A -REPEALER 'PROVISION: AND: A
,-SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
'Said ordinances may be inspected by the p6blic at the'.Office of the.
City Clerk,.3500 Pan American, Drive, Miami, Florida, Monday through
Friday, excluding holidays, l5etween the hours of 8 a.m. and 5 p.m.;
WALTER J. FOEMAN
CITY CLERK
(#4814)
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