HomeMy WebLinkAboutO-12538City of Miami
Legislation
Ordinance: 12538
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00182 Final Action Date: 5/27/2004
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 PROPERTY LOCATED AT APPROXIMATELY 719
NORTHWEST 13TH AVENUE, MIAMI, FLORIDA, FROM "HIGH DENSITY
MULTIFAMILY RESIDENTIAL" 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 January 21, 2004, Item No. 3,
following an advertised hearing, adopted Resolution No. PAB 03-04, by a vote of eight to zero (8-
0), RECOMMENDING APPROVAL to amending Ordinance No. 10544, changing the land use
designation, 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 land use designation, 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 "High Density Multifamily Residential" to "Restricted Commercial" for the property
located at approximately 719 Northwest 13th Avenue, Miami, Florida, more particularly described
as Lot 14, less the East 30 Feet, in Block 1 of RIVERMONT SUBDIVISION according to the Plat as
recorded in Plat Book 4 at Page 46 of the public records of Miami -Dade County, Florida.
Section 3. 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 less 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
City of Miami
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File Number: 04-00182 Enactment Number: 12538
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 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 4. 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 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). {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.
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