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Ordinance: 12769
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-01515e Final Action Date: 2/23/2006
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 BY CHANGING
THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 1165, 1169, 1173, 1177 AND 1199 NORTHEAST 79TH STREET,
MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "HIGH DENSITY
MULTIFAMILY RESIDENTIAL;" MAKING FINDINGS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting held on December 21, 2005 Item
No. 8, following an advertised public hearing, adopted Resolution No. PAB 126-05 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 hereby
adopted by reference thereto and incorporated herein 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, is hereby amended by changing the land use designation from
"Restricted Commercial" to "High Density Multifamily Residential" for the properties located at
approximately 1165, 1169, 1173, 1177 and 1199 Northeast 79th Street, 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) involves a residential land use of 10 acres or less and a density of less than 10 units
per acre or involves other land use categories, singularly or in combination with
residential use, of 10 acres or less and does not, in combination with other changes
during the last year, produce a cumulative effect of having changed more than 60
acres through the use of "Small Scale development" procedures;
c) is one which involves property that has not been the specific subject of a
Comprehensive Plan change within the prior twelve months;
d) 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;
e) the proposed amendment does not involve a text change to goals, policies, and
City of Miami
Page 1 of 2 File Id: 05-01515e (Version: 1) Printed On: 1/10/2017
File Number: 05-01515e Enactment Number: 12769
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; and
f) is one which is not located within an area of critical state concern.
Section 4. The City Manager is directed to instruct the Director of the Planning Department to
immediately 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; the Executive Director, South Florida Water Management
District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida;
and the Executive Director, Department of Environmental Protection, Tallahassee, Florida.
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-one (31) days after second reading and
adoption thereof pursuant and subject top 163.3187(3)(c), Fla. Stat. (2004). {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 immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 File Id: 05-01515e (Version: 1) Printed On: 1/10/2017