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Ordinance
File Number: 04-00211a
City ball
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.t7.us
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 AT
APPROXIMATELY 1818 AND 1884 NORTHWEST NORTH RIVER DRIVE,
MIAMI, FLORIDA, FROM "INDUSTRIAL" AND "GENERAL COMMERCIAL" 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 Miami Planning Advisory Board at its meeting of April 7, 2004, item No. 4,
following an advertised public hearing adopted Resolution PAB 34-04, by a vote of four to three,
failed to recommend approval of this amendment since approval of a motion to amend the future
land use plan requires five favorable votes, this constitutes a denial due to the lack of five
favorable votes;
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution 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 hereby amended by changing the land use
designation from "Industrial" and "General Commercial" to "Restricted Commercial" for the
properties located at approximately 1818 and 1884 NW North River Drive, Miami, Florida, more
particularly described in "Exhibit A" attached and made a part off.
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
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
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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. AEI 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 thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2001). {11
APPROVED AS TO FORM AND CORRECTNESS
ALEJANDRO VILARELLO
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein 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 herein, whichever is later.
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