HomeMy WebLinkAboutFR LegislationJ-04-021
02/02/04
ORDINANCE NO.
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 AT APPROXIMATELY 5808 NORTHEAST 4TH
COURT AND 454 NORTHEAST 58TH STREET, MIAMI,
FLORIDA, FROM "MEDIUM 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. 1, following an advertised hearing,
adopted Resolution No. PAB 01-04, by a vote of seven to one
(7-1), 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
changing this land use, 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
"Medium Density Multifamily Residential" to "Restricted
Commercial" for the properties located at approximately 5808
Northeast 4th Court and 454 Northeast 58th Street, Miami, Florida,
more particularly described as Lots 7, 8, 9, 10 and 11, all in
Block 14 of "BAY SHORE UNIT NO. 4 SUBDIVISION" as recorded in
Plat Book 16 at Page 30 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;
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(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 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.
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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) .Y
PASSED ON FIRST READING BY TITLE ONLY this day of
, 2004.
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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this
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
day of , 2004.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
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MANUEL A. DIAZ, MAYOR
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