HomeMy WebLinkAboutFR Legislation DRAFTJ-04-014
01/05/04
ORDINANCE NO.
DRAFT
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 0.78 ACRE PARCEL NAMED 'PROPOSED
TRACT B " LOCATED WITHIN THE AREA
APPROXIMATELY TO THE NORTHWEST OF WATSON
ISLAND, MIAMI, FLORIDA, FROM --RECREATION"
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 Planning Advisory Board, at its meeting of
December 3, 2003, Item No. 3, following an advertised hearing,
adopted Resolution No. PAB 79-03, by a vote of five to three
(5-3), RECOMMENDING DENIAL of amending Zoning Ordinance No. 10544
as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and notwithstanding the decision of the Planning
Advisory Board, deems it advisable and in the best interest of
the general welfare of the City of Miami and its inhabitants to
amend 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
—Recreation" to —Restricted Commercial" of the property,
consisting of approximately 0.78 acres in area, located at a
portion of Watson Island, Miami, Florida, more particularly
described in "EXHIBIT A."
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;
(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
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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 after its adoption on second reading to:
the Secretary, Florida Department of Community Affairs; to the
Executive Director, South Florida Regional Planning Council,
Hollywood, Florida; to the Executive Director, South Florida
Water Management District, West Palm Beach, Florida; to the
Secretary, Department of Transportation, Tallahassee, Florida and
to 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. (2003).11
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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 ON FIRST READING BY TITLE ONLY this day of
this
, 2004.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
day of , 2004.
MAIUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
W1575:GKW:et
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