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Ordinance
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Miami, FL 33133
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File Number: 06-0082910 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CONSIDERING, BY LEAVE OF ADMINISTRATIVE COURT, AN AMENDMENT TO
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AND AMENDING
ORDINANCE NO. 12920 BY CHANGING THE LAND USE DESIGNATION OF THE
PROPERTY LOCATED AT APPROXIMATELY 399 NORTHEAST 82ND TERRACE,
MIAMI, FLORIDA. FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO
"DUPLEX RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami City Commission, at its meeting held on May 24, 2007, following advertised
public hearings, adopted Ordinance No. 12920 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 property located at approximately 399 Northeast 82nd Terrace, Miami, Florida ("the
Property"), from "Single Family Residential" to "Medium -Density Multifamily Residential; and
WHEREAS, Donna Livingston, Deidre Kirk Raeside and Augusto Newell ("Petitioners") filed a
petition with the State of Florida Department of Administrative Hearings (Case No. 07-002940GM),
challenging the compliance of the above comprehensive plan amendment with Chapter 163, Part II,
Florida Statutes; and
WHEREAS, on August 23, 2007, the Administrative Law Judge having jurisdiction over Case No.
07-002940GM entered an order approving a Stipulated Settlement Agreement wherein the Petitioners,
the City and the owner of the Property agreed that an Ordinance amending Ordinance No. 12920 and
Ordinance No. 10544, as amended, would be presented to the Miami City Commission to re -designate
the Property from the "Medium -Density Multifamily Residential" land use designation to the "Duplex
Residential" 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, is hereby amended by changing the land use designation from
"Medium -Density Multifamily Residential°' to "Duplex Residential" for the Property more particularly
described in "Exhibit A" attached and incorporated.
Section 3. Ordinance No. 12920 is hereby amended by changing the land use designation from
"Medium -Density Multifamily Residential°" to "Duplex Residential" for the Property more particularly
City of Miami
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File Number. 06-008291u1
described in "Exhibit A' attached and incorporated.
Section 4. It is found that the Comprehensive Plan designation change adopted by Ordinance No.
12920, as amended herein:
(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; and
(f) 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 5. 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; 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 6. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are repealed.
Section 7. 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 8. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption thereof pursuant and subject to §163.3187(3)(c), Fla. Stat. (2006). {1}
City of Miami
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File Number: 06-008291u1
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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
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