HomeMy WebLinkAboutO-12532City of Miami
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Ordinance: 12532
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 03-0397 Final Action Date: 5/6/2004
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
City of Miami
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File Number: 03-0397 Enactment Number: 12532
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 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 top 163.3187(3)(c), FIa.Stat.(2003).
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.
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