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City of Miami
Legislation
Ordinance
File Number: 08-01207lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov,com
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, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES, SUBJECT TO §163.3187, FLORIDA
STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY
190 NORTHEAST 71ST STREET AND 185 NORTHEAST 70TH STREET, MIAMI,
FLORIDA, AND THE ABUTTING ALLEY TO THE EAST, FROM "DUPLEX
RESIDENTIAL" AND "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, at its meeting on February 18, 2009, Item No.
P.3, following an advertised public hearing, adopted Resolution No. PAB 09-006 by a vote of eight to
zero (8-0), recommending DENIAL 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 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 §
163.3187, Florida Statutes, is hereby amended, by changing the land use designation from "Duplex
Residential" and "Medium Density Multifamily Residential' to "Restricted Commercial" for 0.31± acres
of real property located at approximately 190 Northeast 71st Street and 185 Northeast 70th Street,
Miami, Florida, and the abutting alley to the east, more particularly described in Exhibit "A," attached
and incorporated.
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 this property,
that has been granted a Comprehensive Plan change within the prior twelve months;
(d) the proposed amendment does not involve a text change to goals, policies, and objectives
City of Miami Page 1 of 2 Printed On: 9/14/2009
File Number:. 08-01207lu
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, designated by §
380.0552, Florida Statutes or by the Administration Commission pursuant to § 380.05(1), Florida
Statutes;
(f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami
Comprehensive Neighborhood Plan, as amended, and nonresidential intensity will be an FAR not to
exceed 3.0 times gross lot area of the subject property as established in the Miami Comprehensive
Neighborhood Plan, as amended; and
(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, § 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. If any section, part of a 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 (30) days after second reading and
adoption thereof pursuant and subject to § 163.3187(3)(c), Florida Statutes. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
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 date stated herein, whichever is later.
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