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File Number: 07-010241u1 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 61 NORTHWEST 37TH AVENUE,
3667 NORTHWEST FLAGLER TERRACE, AND 58 NORTHWEST 36TH COURT,
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 September 16, 2009, Item
No. P.1, following an advertised public hearing, adopted Resolution No. 09-025 by a vote of seven to
zero (7-0), recommending approval of an amendment to Ordinance No. 10544, as amended, by
recommending the land use change for specifically Lots 9 and 12 on Block 9, "Twelfth Street
Manors;" and
WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, Item
No. P.1, following an advertised public hearing, adopted Resolution No. 09-025(a) by a vote of seven
to zero (7-0), recommending denial (as presented) of an amendment to Ordinance No. 10544, as
amended, specifically Lots 13 through 16 on Block 9, "Twelfth Street Manors;" and
WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, Item
No. P.1, following an advertised public hearing, adopted Resolution No. 09-025(b) by a vote of seven
to zero (7-0), recommending to the Miami City Commission, that if the City Commission is inclined to
accept the applicant's voluntary proffer of the plans as presented or any other documentation binding
this applicant to the set of plans presented, and approves the Land Use Change to "Restricted
Commercial" for Lots 13 through 16 on Block 9, "Twelfth Street Manors," the Board has no objection;
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 0.325± acres of real properties located at approximately 61
Northwest 37th Avenue, 3667 Northwest Flagler Terrace and 58 Northwest 36th Court, Miami, Florida,
more particularly described in Exhibit "A," attached hereto and made a part thereof.
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File Number: 07-010241u1
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;
(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 as 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
Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4,
Section 401, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, 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
CITY ATTORNEY
Footnotes:
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File Number: 07-010241u1
{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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