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J-03 -526
06/10/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT, AMENDING ORDINANCE
NO. 10544, AS AMENDED, THE FUTURE LAND USE
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN BY CHANGING THE LAND USE DESIGNATION
OF THE PROPERTY LOCATED AT APPROXIMATELY
2900 SOUTHWEST 28TH LANE, MIAMI, FLORIDA,
FROM "INDUSTRIAL" 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 Miami Planning Advisory Board, at its
meeting of May 21, 2003, Item No. 1, following an advertised
hearing, adopted Resolution No. PAB 22-03 by a vote of eight
to zero (8-0), RECOMMENDING APPROVAL of amending Zoning
Ordinance No. 10544 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 amend Ordinance No. 10544 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 adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The Future Land Use Map of Ordinance
No. 10544, as amended, the Miami Comprehensive Neighborhood
Plan 1989-2000, is amended by changing the land use
designation from "Industrial" to "Restricted Commercial" for
the property located at approximately 2900 Southwest 28th
Lane, Miami, Florida, more particularly described in
"Exhibit A," attached and made a part.
Section 3. It is found that this Comprehensive Plan
designation change:
(a) is necessary due to changed or changing
conditions;
(b) involves a residential land use of 10 acres or
less and a density of less than 10 units per acre
or involves other land use categories, singularly
or in combination with residential use, of 10
acres or less and does not, in combination with
other changes during the last year, produce a
cumulative effect of having changed more than 60
acres through the use of "Small Scale development"
procedures;
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(c) is one which involves property that has not been
the specific subject of a Comprehensive Plan
change within the prior twelve (12) months;
(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 (12) months;
(e) the proposed amendment does not involve a text
change to goals, policies, and objectives of the
local government's comprehensive plan, but
proposes a land use change to the future land use
map for a site -specific development; and
(f) is one which is not located within an area of
critical state concern.
Section 4. The City Manager is directed to instruct
the Director of the Planning and Zoning Department to
immediately transmit a certified copy of this Ordinance
after its adoption on second reading to: the Secretary,
Florida Department of Community Affairs; the Executive
Director, South Florida Regional Planning Council,
Hollywood, Florida; the Executive Director, South Florida
Water Management District, West Palm Beach, Florida; the
Secretary, Department of Transportation, Tallahassee,
Florida; and the Executive Director, Department of
Environmental Protection, Tallahassee, Florida.
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Section 5. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are 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.
Section 7. This Ordinance shall become effective
thirty-one (31) days after second reading and adoption
pursuant and subject to § 163.3187(3)(c), Fla. Stat.
(2002) .11
PASSED ON FIRST READING BY TITLE ONLY this
of September , 2003.
1/
25th day
This Ordinance shall become effective as specified unless vetoed by the
Mayor within ten 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, whichever is later.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
OP
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1468:GKW:et
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