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Ordinance
City Halt
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00852 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 LOCATED WITHIN AND
APPROXIMATELY THE AREA BOUNDED BY INTERSTATE 1-95 TO THE EAST,
NORTHWEST 20TH STREET TO THE NORTH, NORTHWEST 7TH AVENUE TO
THE WEST, AND NORTHWEST 17TH STREET TO THE SOUTH, MIAMI,
FLORIDA; FROM "INDUSTRIAL" TO "GENERAL 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 July 7, 2004 Item No. 3, following
an advertised hearing, adopted Resolution PAB-84-04, by a vote of seven to zero (7 to 0),
RECOMMENDING APPROVAL to amend 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 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 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
designation from "Industrial" to "General Commercial" for the properties located within and
approximately the area bounded by Interstate 1-95 to the east, NW 20th Street to the north, NW 7th
Avenue to the west, and NW 17th Street to the south, Miami, Florida; as legally described in attached "
Exhibit A;"
Section 2. 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 Tess 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;
(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
City of Miami Page I of 2 Printed On: 8/1172004
File Number 04-00852
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 3. 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.
Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to 0163.3187(3)(c), Fla. Stat. (2003). {1}
APPROVED AS TO FORM AND CORRECTNESS:
MARIA J. CHIARO,
INTERIM CITY ATTORNEY
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 Printed On: 7/28/2004