HomeMy WebLinkAboutO-12444City of Miami
Legislation
Ordinance: 12444
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0248 Final Action Date: 11/25/2003
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, MIAMI, 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 1989-2000, 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 "EXHIBITA", Miami, Florida.
Section 3. It is 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;
City of Miami
Page 1 of 2 File Id: 03-0248 (Version: 2) Printed On: 8/19/2016
File Number: 03-0248 Enactment Number: 12444
(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 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: 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.
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 § 163.318797(3)(c), Fla. Stat. (200275). {1}
Footnotes:
{1} 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.
City of Miami Page 2 of 2 File Id: 03-0248 (Version: 2) Printed On: 8/19/2016