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Ordinance: 13179
File Number: 10-00183lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2010
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 PROPERTY
LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI,
FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ordinance No. 13114; and
WHEREAS, on October 22, 2009, the City Commission adopted a new Future Land Use Atlas,
Ordinance No. 13115, amending Ordinance No. 10544, to be consistent with the Miami 21 Atlas; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on March 3, 2010, Item No.
P.1, following an advertised public hearing, adopted Resolution No. 10-002, by a vote of eight to zero
(8-0), 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 "Major
Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" for 7.0± acres of
real property located at approximately 1600 Northwest 3rd Avenue, Miami, Florida, 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 property that
City of Miand Page 1 of 2 File Id. 10-00183111 (Version: 2) Printed On: 7/27/2017
File Number: 10-00183lu
has been granted a Comprehensive Plan change within the prior twelve months;
Enactment Number: 13179
(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; and
(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 FLR not to
exceed 11.0 times net 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 }
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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