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Legislation
Ordinance
City Hall
3500 Pan
American Drive
Miami, FL 33133
www.ci.miami.fi us
File Number: 06-01055Iu 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 PROPERTIES LOCATED AT APPROXIMATELY 1770
NORTH BAYSHORE DRIVE, ETAL, MIAMI, FLORIDA, FROM "HIGH DENSITY
MULTIFAMILY RESIDENTIAL" TO "RESTRICTED 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 held on
September 20, 2006 Item No. 4, following an advertised public hearing, adopted
Resolution No. PAB --06 by a vote of - to - (-), recommending - of an amendment to
Ordinance No. 10544, as amended.
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 adopted by reference and incorporated 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 "High Density Multifamily Residential" to "Restricted Commercial"
for the property located at approximately 1770 North Bayshore Drive, 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;
City of Miami
Pagel of 2 Printed On: 9/14/2006
File Number 06-D1055lu
(d) iaone which does not involve the same owner's property within 200feet
of property that has been granted m Comprehensive Plan change within the prior twelve
months;
(e) the proposed amendment does not involve o text change to gua|a,
pO|iCies, and objectives ofthe local government's comprehensive plan, but proposes a
land use change to the future land use map for a site -specific development; and
0 is one which is not located within an area of critical state concern.
Section4. The City Manager is directed to instruct the Director of the
Planning Department 10 immediately transmit e certified copy Of this {}njinaOQ8 after its
adoption on second reading to: the Secretary, Florida Department ofCommunity Affairs;
the Executive Direotor, South Florida Regional Planning Counci|, Hollywood, Florida; the
Executive Director, South Florida Water Management Oistrict, West Pm|nn Beach,
Florida; the SeCFetary. Department of T[aDsportah0O, Tallahassee, Florida; and the
Executive Director, Department ofEnvironmental Protection, TaUohmssea, 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.
Soction8. If any seoUon, part of section, paragroph, n|musm, ohrase, or word
of this Ordinance is declared invm|id, the remaining provisions of this Ordinance ehoU not
be affected.
Section 7. This {}njinmnoe shall become effective thirty-one (51) days after
second reading and odVotiQO thereof pursuant and subject tV@ 163.3187(3)(c). Fla. 8tmL
APPROVED 8STOFORM AND CORRECTNESS:
JORGE LFERN'N0EZ
CITY ATTORNEY
..Footnote
Ol If the Mayor does not sign this Reao|uhmn, it shall become affective at the end of ten
calendar days from the date it was passed and adopted. If the W18yOr vetoes this
Reso|udon, it shall become effective immediately upon override of the veto by the City
Commission.