HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.ti.us
File Number: 04-00330 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 PROPERTY LOCATED AT
APPROXIMATELY 1760 SOUTHWEST 7TH 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 Miami Planning Advisory Board, at its meeting held on March 17, 2004, Item
No. 3, following an adverised public hearing, adopted Resolution No. PAB 19-04 by a vote of six to
two (6-2), RECOMMENDING APPROVAL of this amendment to the future land use map;
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals set Toth in the preamble to this Resolution are incorporated by
reference herein.
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 "Medium Density Multifamily Residential" to "Restricted Commercial" for the
properties located at approximately 1760 Southwest 7 Street, Miami, Florida, more particularly
described on "Exhibit A," attached and made a part hereof.
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 Tess 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
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
City of Miami Page 1 of 2 Printed On: 5/12/2004
File Number. 04-00330
(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 thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2003). {1}
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.
City of Miami Page 2 of 2 Printed On: 5/12/2004