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Ordinance
File Number: 14-00055lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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 FUTURE LAND USE DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY
3734, 3736 AND 3750 BIRD ROAD; 3031 SOUTHWEST 37TH COURT; AND 3090
SOUTHWEST 37TH AVENUE, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on March 5, 2014,
following an advertised public hearing, adopted Resolution No, PZAB-R-14-018 by a vote of eight to
zero (8-0), item no. 12, recommending APPROVAL of the Future Land Use Change as set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable
and in the best interest of the general welfare of the City of Miami and its inhabitants to grant this
change of land use designation as hereinafter set forth;
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. 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, is further amended by changing the Future Land Use designation of
1.12± acres of real properties located at approximately 3734, 3736 and 3750 Bird Road; 3031
Southwest 37th Court; and 3090 Southwest 37th Avenue, Miami, Florida, from "Light Industrial" to
"Restricted Commercial"; as depicted in "Exhibit A", attached and incorporated.
Section 3, It is found that this Comprehensive Plan designation change involves a use of
10 acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The cumulative annual effect of the acreage for all small scale
development amendments adopted by the local government does not exceed a maximum of 120 acres
in a calendar year;
(c) The proposed amendment does not involve a text change to goals,
City of Miami Page 1 of 2 File Id: 14-00055lu (version: 2) Printed On: 4/3/2014
File Number, 14-00055lu
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. However, text changes that relate
directly to, and are adopted simultaneously with the small scale Future Land Use Map amendment
shall be permissible;
(d) Is one which 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;
(e) Densities will be "Restricted Commercial", 150 dwelling units per acre,
per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in
Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; 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, §163.3187, Florida Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning
Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading
to: the reviewing agencies pursuant to §163.3184(1)(c), Florida Statutes; 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 may not become effective until thirty-one (31) days after second
reading and adoption thereof pursuant and subject to §163.3187(5)(c), Florida Statutes. {1}
APPROVED AS TO FORM AND CORRECTNESS:
c
VICTORIA MENDEZ
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 Page 2 of 2 File Id: 14-00055lu (version: 2) Printed On: 4/3/2014