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J-03-716
08/19/03
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE NEIGHBORHOOD PLAN BY
CHANGING THE LAND USE DESIGNATION OF THE
PROPERTIES LOCATED AT APPROXIMATELY 126
AND 134 SOUTHWEST 8m AVENUE, MIAMI,
FLORIDA, FROM "MULTIFAMILY MEDIUM DENSITY
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 Miami Planning Advisory Board, at its
meeting of July 23, 2003, Item No. 8, following an
advertised hearing, adopted Resolution No. PAB 48-03 by a
vote of four to four (4-4), RECOMMENDING DENIAL of a change
of zoning classification 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 change of zoning
classification 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
"Multifamily Medium Density Residential" to "Restricted
Commercial" for the properties located at approximately 126 and
134 Southwest 8th Avenue, Miami, Florida, more particularly
described as the North 50 Feet and, the North 50 Feet of the
South 100 feet of Lots 19 and 20, all in Block 1 of "BRICKELLS
RIVERVIEW SUBDIVISION" as recorded in Plat Book 5 at Page 43 of
the Public Records of Miami -Dade County, Florida.
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
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60 acres through the use of "Small Scale development"
procedures;
(c) is one which involves property that has not been the
specific subject of a Comprehensive Plan change within
the prior twelve 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
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;
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and the 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 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 23rd day of
October , 2003.
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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.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS
MANUEL A. DIAZ, MAYOR
FORM AN► CORRECTNESS:AO/3
VILALLO
TY TORNEY
W1512:GKW:et
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