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Legislation
Ordinance
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 06-00383Iu Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE
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 1 HERALD
SQUARE - PARCEL 3, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO
"RESTRICTED COMMERCIAL;" MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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 designation from "General Commercial" to "Restricted Commercial" for the property
located at approximately 1 Herald Square — Parcel 3, Miami, Florida, more particularly
described in Exhibit "" 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
(f) is one which is not located within an area of critical state concern.
City of Miami Page 1 of 2 Printed On: 02/08/2006
File Number: 06-00
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.
(2001). {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
City of Miami Page 2 of 2 Printed On: 5/11/2006