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Ordinance
City Hal
3500 Pan American
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Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00191 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 3720 SOUTHWEST 27TH TERRACE, MIAMI, FLORIDA,
FROM "DUPLEX 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 of February 18, 2004, Item No.
2, following an advertised hearing, adopted Resolution No. PAB 14-04 by a vote of four to four
(4-4), RECOMMENDING APPROVAL OF A MOTION WHICH FAILED (due to failure to obtain the
required five favorable votes) CONSTITUTING A DENIAL, of amending Ordinance No. 10544 as.
hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter, and
notwithstanding the recommendation of the Planning Advisory Board, 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 "Duplex Residential" to "Restricted Commercial" for the property located at approximately
3720 Southwest 27th Terrace, Miami, Florida, more particularly described as Lot 3, all in Block 1 of
"DOUGLAS MANORS" as recorded in Plat Book 7 at Page 157 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
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File Number. 04-00191
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 _
(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 Sec. 163.3187(3)(c), Fla. Stat. (2001). {1}
APPROVED AS TO FORM AND CORRECTNESS:
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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