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Ordinance
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Drive
Miami, FL 33133
www.ci.rn ami.fl.us
File Number: 05-0155S
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
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 221 NW 38TH STREET, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "GENERAL COMMERCIAL;" MAKING FINDINGS;
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 December 21, 2005 Item
No. 4, following an advertised public hearing, adopted Resolution No. PAB 123-05 by a vote of seven
to zero (7-0), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended;
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 hereby
adopted by reference thereto and incorporated herein 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, is hereby amended by changing the land use designation from
"Duplex Residential" to "General Commercial" for the property located at approximately 221 Northwest
38th Street, Miami, Florida, more particularly described in "Exhibit A" attached hereto and made a part
thereof.
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 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
City of Miami
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File Number: 05-01555
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 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. (2004). {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
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.
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