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Ordinance
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3500 Pan American
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Miami, FL 33133
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File Number: 08-010841u 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 THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY
TWO UNASSIGNED ADDRESSES, HAVING FOLIO NUMBERS 01-4103-037-0430
AND 01-4103-037-0431, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO
"MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES"; 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 March 18, 2009, Item No.
P.1, following an advertised public hearing, adopted Resolution No. PAB 09-012 by a vote of seven to
zero (7-0), recommending APPROVAL, except for the North 25 feet parallel to Southwest 5th Street,
which is to remain with the "Single -Family Residential" Land Use designation; 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 "Duplex
Residential" to "Major Institutional, Public Facilities, Transportation and Utilities", for 0.30± acres of
real properties located at approximately two unassigned addresses, having folio numbers
01-4103-037-0430 and 01-4103-037-0431, 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
has been granted a Comprehensive Plan change within the prior twelve months;
City of Miami Page 1 of 2 File Id: 08-010841u (Version: 3) Printed On: 7/23/2024
File Number: 08-010841u
(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 § 420.0004(3), Florida Statutes. The Project 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. 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 § 380.05(6),
Florida Statutes; and
(f) density will be Major Institutional, Public Facilities, Transportation and Utilities, 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, G/I Government and Institutional 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 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.
City of Miami Page 2 of 2 File Id: 08-010841u (Version: 3) Printed On: 7/23/2024