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Legislation
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45
Ordinance
File Number: 08-01320lu
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
629, 635, 645, 655, 665 NORTHWEST 23RD STREET, 636 NORTHWEST 26TH
STREET, 2451 NORTHWEST 7TH AVENUE AND 636 NORTHWEST 24TH
STREET, MIAMI, FLORIDA, FROM "INDUSTRIAL" 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.
PA, following an advertised public hearing, adopted Resolution No. PAB 09-007 by a vote of five to
three (5-3), recommending APPROVAL 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 "Industrial"
to "Restricted Commercial" for 5,115± acres of real property located at approximately 629, 635, 645,
655, 665 NW 23rd Street, 636 NW 26th Street, 2451 NW 7th Avenue and 636 NW 24th Street, Miami,
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 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
of the local government's comprehensive plan, but proposes a land use change to the future land use
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File Number.' 08-01320lu
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 § 420.0004(3), Florida Statutes. It 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. 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 § 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;
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. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 6. 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 7. 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. BRUT
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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