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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
File Number: 05-00652
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 3690
SOUTHWEST 23RD TERRACE, MIAMI, FLORIDA, FROM "DUPLEX
RESIDENTIAL" TO "RESTRICTED COMMERCIAL;" MAKING FINDINGS;
DIRECTING TPROVISION ON AND ANSMITTALS TO EV RABI AFFECTED
YGENCIES; CONTAINING
REPEALER CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on June 29, 2005 Item No. 1,
following an advertised public hearing, adopted Resolution No. PAB 69-05 by a vote of five to two (5-
2), RECOMMENDING DENIAL;
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 is hereby amended by changing the land use da3690rom
"Duplex Residential" to "Restricted Commercial" for the property located at approximately
23rd Terrace, Miami, Florida, more particularly described as Lots 44 and 45 less the north 10-ft, Block
7 AMENDED PLAT OF MIAMI SUBURBAN ACRES LOTS SUBDIVISION (4-73).
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 text
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City of Miami
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Flle Number: 05-00652
(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 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. (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
overrideo
and
�ftthe veto by theCity Commission Mayor
vetoes
this
aor upon
Ordinance,itttheshall
become effective immediately upon
effective date stated herein, whichever is later.
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