HomeMy WebLinkAboutLegislationJ-03-491
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 PROPERTIES KNOWN AS THE
FEC BUENA VISTA YARD, BOUNDED
APPROXIMATELY BY NORTHEAST 36TH STREET ON
THE NORTH, THE FEC RIGHT-OF-WAY ON THE
EAST, NORTH MIAMI AVENUE ON THE WEST AND
NORTHEAST 29TH STREET ON THE SOUTH,
EXCLUDING THOSE PROPERTIES DESCRIBED ALONG
NORTHEAST 29TH STREET, CONSISTING OF
APPROXIMATELY 56.10 ACRES IN AREA, MORE
PARTICULARLY DESCRIBED IN "EXHIBIT A",
MIAMI, FLORIDA, FROM "INDUSTRIAL" AND
"GENERAL COMMERCIAL" 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 14, 2003, Item No. 1, following an advertised
hearing, adopted Resolution No. PAB 19-03 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, is amended by changing the land use designation from
"Industrial" and "General Commercial" to "Restricted
Commercial" for the properties bounded approximately by
Northeast 36TH Street on the north, the FEC right-of-way on
the east, North Miami Avenue on the west and Northeast 29TH
Street on the south, excluding those properties located at
approximately 29-35 Northeast 29th Street, consisting of
approximately 56.10 acres in area, more particularly
described in "EXHIBIT A", Miami, Florida.
Section 3. It is found that this Comprehensive Plan
designation change:
(a) is necessary due to changed or changing
conditions;
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(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 (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 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 directed to instruct
the Director of the Planning and Zoning Department to
immediately transmit a copy of this Ordinance, upon approval
on First Reading and again after its adoption on Second
Reading to: the Florida Department of Community Affairs; the
Florida Department of Environmental Protection; the Florida
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Department of State, Division of Historical Resources; the
Florida Department of Transportation, District Six Office;
the South Florida Water Management District; the South
Florida Regional Planning Council; and Miami -Dade County.
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
after second reading and adoption thereof pursuant and
subject to § 163.3189, Fla. Stat. (2003)./
PASSED ON FIRST READING BY TITLE ONLY this
of July , 2003.
1/
17 th 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.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS
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AFFO7DRO I LAR
ATTORNEY
W1456:GKW:et
LO
MANUEL A. DIAZ, MAYOR
D CORRECTNESS:Vj
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