HomeMy WebLinkAboutO-12611City of Miami
Legislation
Ordinance: 12611
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00574 Final Action Date: 10/28/2004
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 FOR THE PROPERTIES LOCATED AT APPROXIMATELY 10, 16
AND 100 SOUTHWEST 41 ST AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY
RESIDENTIAL" TO
"OFFICE"; 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 May 19, 2004, Item No. 4,
following an advertised hearing, adopted Resolution No. PAB-62-04, by vote of eight to zero (8 to 0),
RECOMMENDING DENIAL to amend 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 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 "Single Family Residential" to "Office" for the properties located at approximately 10,
16 and 100 SW 41 st 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 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 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 File Id: 04-00574 (Version: 1) Printed On: 10/12/2016
File Number: 04-00574 Enactment Number: 12611
(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. (2003). {1}
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 File Id: 04-00574 (Version: 1) Printed On: 10/12/2016