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Ordinance: 13052
File Number: 07-00797lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/26/2009
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 ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517,
519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI,
FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board ("PAB"), at its meeting on July 16, 2008, Item
No. P.5, following an advertised public hearing, adopted Resolution No. 08-031 by a vote of seven to
two (7-2), recommending DENIAL of an amendment to Ordinance No. 10544, as amended; and
WHEREAS, the PAB adopted a second Resolution No. 08-031a by a vote of six to three (6-3)
stating that the PAB has no objection to the land use change if certain provisions are placed in the
related Major Use Special Permit to prohibit commercial intrusion into the residential area;
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 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, pursuant to small scale amendment procedures subject to s.
163.3187, Florida Statutes, is hereby amended by changing the land use designation from
Medium -Density Multifamily Residential to Restricted Commercial for 1.38± acres of real properties
located at approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541,
551, 561 and 571 SW 9th 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) is one which involves property that has not been the specific subject of a Comprehensive Plan
change within the prior twelve months;
(c) 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;
City of Miand Page 1 of 2 File Id. 0 7-00 79 7111 (Version: 2) Printed On: 5/31/2017
File Number: 07-00797lu Enactment Number: 13052
(d) 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;
(e) is one which is not located within an area of critical state concern, unless the project subject to
the proposed amendment involves the construction of affordable housing units meeting the criteria of
s. 420.0004(3), Florida Statutes, and is not located within an area of critical state concern designated
by s. 380.0552, Florida Statutes or by the Administration Commission pursuant to s. 380.05(1),
Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f.,
and shall be reviewed by the state land planning agency for consistency with the principles for
guiding development applicable to the area of critical state concern where the amendment is located
and shall not become effective until a final order is issued under s. 380.05(6), Florida Statutes; and
(f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami
Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4,
Section 4.01, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, as amended.
(g) the proposed amendment complies with the applicable acreage and density limitations set
forth in the Local Government Comprehensive Planning and Land Development Regulation Act
including, without limitation, s. 163.3187, Florida Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning Department to
promptly 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; and any other person or entity requesting a copy.
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. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to s. 163.3187(3)(c), Florida Statutes. {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 date stated herein, whichever is later.
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