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Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
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File Number: 04-00389 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 3804-3820 NORTHWEST 12TH AVENUE, MIAMI,
FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "GENERAL 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 March 31, 2004, Item No. 1,
following an advertised hearing, adopted Resolution No. PAB 29-04, by vote of eight to zero (8 to 0),
RECOMMENDING APPROVAL of a change of zoning classification, 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 this change
of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. 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 "Duplex Residential" to "General Commercial" for the properties located at
approximately 3804-3820 Northwest 12th Avenue, Miami, Florida, more particularly described in
"Exhibit A," attached hereto and made a part thereof.
Section 2. 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 Tess 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
City of Miami
Page 1 of 2 Printed On: 5/11/2004
File Number: 04-00389
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 3. 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 4. All ordinances or parts of ordinances insofar as they are inconsistent or in
conflict with the provisions of this Ordinance are repealed.
Section 5. 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 6. 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). {1}
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO CITY ATTORNEY
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: 5/7/2004