HomeMy WebLinkAboutO-13469City of Miami
Legislation
Ordinance: 13469
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-005731u Final Action Date: 7/24/2014
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
400, 408 & 440 NORTHWEST 36TH COURT, A PORTION OF 460 NORTHWEST
36TH COURT AND A PORTION OF 427 NORTHWEST 37TH AVENUE, MIAMI,
FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY 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 April 30, 2014,
following an advertised public hearing, adopted Resolution No. PZAB-R-14-031 by a vote of nine to
zero (9-0), item no. 6, 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 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
1.39± acres of real property(ies) at approximately 400, 408 & 440 Northwest 36th Court, a portion of
460 Northwest 36th Court and a portion of 427 Northwest 37th Avenue, Miami, Florida, from "Duplex
Residential" to "Low Density 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
City of Miami
Page 1 of 2 File Id: 13-005731u (Version: 31 Printed On: 1/8/2018
File Number: 13-005731u Enactment Number: 13469
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, 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 as designated by
§380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida
Statutes;
(e) Density will be "Low Density Restricted Commercial", 36 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, 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, 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 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: 13-005731u (Version: 31 Printed On: 1/8/2018