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of Miami
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Legislation
Miami, FL 33133
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Ordinance
File Number: 09-01300lu
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 REAL
PROPERTIES LOCATED AT APPROXIMATELY 3500, 3524, 3550, 3590, 3592
SOUTHWEST 7TH STREET; 710 SOUTHWEST 35TH AVENUE AND 711
SOUTHWEST 36TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX 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 December 2, 2009, Item No.
P.2, following an advertised public hearing, adopted Resolution No. PAB-09-047 by a vote of nine to
zero (9-0), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended;
except for the North twenty feet parallel to Southwest 7th Street, Miami, Florida, which is to remain
with the "Duplex Residential" Land Use designation;
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" to "Restricted Commercial" for .75± acres of real properties located at approximately
3500, 3524, 3550, 3590, 3592 Southwest 7th Street; 710 SW 35th Avenue and 711 Southwest 36th
Avenue, 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;
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File Number: 09-01300lu
(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 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;
(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-one (31) 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 V
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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