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Ci t Y of Miami
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Legislation
Miami, Fl- 33133
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www,miamlgov.com
Ordinance
File Number-.: 10-00491lu
.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 M.IAMI 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 PROPERTY LOCATED AT APPROXIMATELY
3825 DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO
"MEDIUM DENSITY 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 Map,
Ordinance No. 10544, to be consistent with the Miami 21 Atlas; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on May 5, 2010, Item No. P. 1,
following an advertised public hearing, adopted Resolution No. 10-020 by a vote of five to three (5-3),
recommending DENIAL of an amendment to Ordinance No. 10544., as amended; and
WHEREAS, the Miami Planning Advisory Board, at its meeting on May 5, 2010, Item No. P. 1,
following an advertised public hearing, adopted Resolution No. 10-020(a) by a vote of five to three
(5-3), recommending to the City Commission that when Miami 21 is adopted, to consider changing this
property, along with the abutting four lots to the West, to the ".Medium Density Restricted Commercial"
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 "Medium Density Restricted Commercial" for .26:-. acres of real property located at
approximately 3825 Day 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:
City of Mland Page 1 of 3 File Irl. 10-004911u (Version: 3) Printed Oar: 918/2010
File Number: 10-00491lu
(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;
(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 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;
(f) density will be Medium Density Restricted Commercial, 65 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, T5-0 Medium Density Restricted Commercial of the City of Miami Zoning
Ordinance 13114, 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, 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. 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 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}
APPROVED AS TO .FORM AND CORRECTNESS:
JULIE'O, BRU
CITY ATTORNEY
City ofMianri Page 2 of -3 File Id: 10-004911u (Version: 3) Printed On: 9/812010
He Number: 10-0049flu
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 immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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