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City of Miami
Legislation
Ordinance
City Hail
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 03-0295 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 3160, 3170, 3180 AND 3190 OAK AVENUE, MIAMI,
FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX
RESIDENTIAL;" 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 November 19, 2003,
Item No. 1, following an advertised hearing, adopted Resolution No. PAB 71-03 by a vote of
five to four (5-4), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 10544
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 amend Ordinance No. 10544 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 "Single Family Residential" to "Duplex Residential" for the properties located
at approximately 3160, 3170, 3180 and 3190 Oak Avenue, Miami, Florida, more particularly
described as Lots 7, 8, 9, 10, and 11, Block 1 of CHARLES H. FROW SUBDIVISION as
recorded in Plat Book 13 at Page 53 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 Tess 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;
City of Miami Page 1 of 2 Printed On: 3/10/2004
File Number: 03-0295
(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.
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. (2002). {1}
APPROVED AS TO FORM AND CORRECTNESS: d "'
ALEJANDRO VILARELLO
CITY ATTORNEY
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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