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Ordinance
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Miami, FL 33133
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File Number: 14-012011u Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF
THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS
PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE
FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN, OF
REAL PROPERTIES APPROXIMATELY LOCATED 1) BETWEEN SOUTH RIVER
DRIVE, INTERSTATE 95, AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF
MIDBLOCK OF SOUTHWEST 6TH STREET, AND THE NORTH OF MIDBLOCK OF
SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT,
AND THE HISTORIC J.W. WARNER HOUSE, EXCLUDING 129 SOUTHWEST 4TH
AVENUE, 135 SOUTHWEST SOUTH RIVER DRIVE, RIVERSIDE PARK, ADA
MERRITT K-8 LEARNING CENTER, AND 601 SOUTHWEST 8TH AVENUE, MIAMI,
FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL"; 2) AT THE EASTERN PORTION OF THE
PROPERTY LOCATED AT 660 SOUTHWEST 3RD STREET (ADA MERRITT K-8
LEARNING CENTER), FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL,"
TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES"; 3) AT 660 SOUTHWEST 4TH STREET, MIAMI, FLORIDA (HOPE
CENTER, INC.), FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES," TO "MEDIUM DENSITY RESTRICTED
COMMERCIAL"; 4) AT 126 SOUTHWEST 8TH AVENUE, FROM "MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; 5) AT
SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND
SOUTHWEST 3RD STREET, EXCLUDING 126 SOUTHWEST 8TH AVENUE, AND
FROM SOUTHWEST 4TH STREET TO SOUTHWEST 6TH STREET, EXCLUDING
402 SOUTHWEST 8TH AVENUE, 430 SOUTHWEST 8TH AVENUE, 438
SOUTHWEST 8TH AVENUE, AND 601 SOUTHWEST 8TH AVENUE, MIAMI,
FLORIDA, FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL"; AND 6) AT SOUTHWEST 8TH AVENUE
BETWEEN SOUTHWEST 6TH STREET AND SOUTHWEST 7TH STREET, AND
THE NORTHERN PORTION OF 775 SOUTHWEST 8TH STREET (EXCLUDING 827
SOUTHWEST 8TH STREET AND 620 SOUTHWEST 8TH AVENUE, MIAMI,
FLORIDA), FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL," TO
"RESTRICTED COMMERCIAL" AS DEPICTED IN EXHIBIT "A"; 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 ("PZAB"), at its meeting on
December 17, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-079
by a vote of four to four (4-4), item PZAB.8, recommending DENIAL of the amendments to the Miami
Comprehensive Neighborhood Plan ("MCNP") as set forth; and
City of Miami Page 1 of 3 File Id: 14-012011u (Version: 3) Printed On: 11/18/2024
File Number: 14-012011u
WHEREAS, on January 22, 2015, the City Commission held a duly noticed public hearing, at
which time it voted to transmit the Future Land Use Plan Map amendments for review by state,
regional, and local agencies as required by law; 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 ("City") and its inhabitants to
amend the MCNP 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. The Future Land Use Map of Ordinance No.10544, as amended, the MCNP,
pursuant to large scale amendment procedures subject to §163.3187, Florida Statutes, is hereby
amended by changing the Future Land Use designation of the following areas:
Area A -A 60.37± acres of real properties approximately located between South River Drive, Interstate
95, and Southwest 8th Avenue to the South of midblock of Southwest 6th Street, and the North of
midblock of Southwest 2nd Street, the South River Drive Historic District, and the Historic J.W.
Warner House, excluding 129 Southwest 4th Avenue,135 Southwest South River Drive, Riverside
Park, ADA Merritt K-8 Learning Center, and 601 Southwest 8th Avenue, Miami, Florida, from "Medium
Density Multifamily Residential," to "Medium Density Restricted Commercial"; and
Area A-2. 1.74 ± acres of real properties approximately located at the eastern portion of the property
located at 660 Southwest 3rd Street (ADA Merritt K-8 Learning Center), Miami, Florida, from "Medium
Density Multi -Family Residential," to "Major Institutional, Public Facilities, Transportation and Utilities";
and
Area A-3. 1.73 ± acres of real properties approximately located at 660 Southwest 4th Street (Hope
Center, Inc.), Miami, Florida, from "Major Institutional, Public Facilities, Transportation and Utilities," to
"Medium Density Restricted Commercial"; and
Area C. 0.21 ± acres of real property approximately located at 126 Southwest 8th Avenue, Miami,
Florida, from "Medium Density Multifamily Residential," to "Restricted Commercial"; and
Area A-4. 1.16 ± acres of real properties approximately between Southwest 8th Avenue, between
Southwest 6th Street and Southwest 7th Street, and the northern portion of 775 Southwest 8th Street
(excluding 827 Southwest 8th Street and 620 Southwest 8th Avenue, Miami, Florida) from "Medium
Density Multifamily Residential," to "Restricted Commercial"; and
Area A-5 and A-6. 4.97 ± acres of real properties approximately located along Southwest 8th Avenue
between Southwest 2nd Street and Southwest 3rd Street, excluding 126 Southwest 8th Avenue,
Miami, Florida, and from Southwest 4th Street to Southwest 6th Street excluding 402 Southwest 8th
Avenue, 430 Southwest 8th Avenue, 438 Southwest 8th Avenue, and 601 Southwest 8th Avenue,
Miami, Florida from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial".
City of Miami Page 2 of 3 File Id: 14-012011u (Version: 3) Printed On: 11/18/2024
File Number: 14-012011u
Section 3. It is found that this Miami Comprehensive Plan designation change:
(a) Is necessary due to changed or changing conditions; and
(b) Follows an Expedited State Review Process pursuant to §163.3184(3), Florida Statutes; and
(c) Densities will be equivalent to "Medium Density Restricted Commercial," or 65 dwelling units per
acre, Major Institutional, Public Facilities, Transportation and Utilities," or 150 dwelling units per acre
or the least intense abutting/adjacent residential zoning district, and "Restricted Commercial," or 150
dwelling units per acre, as per the MNCP, as amended, and intensity will be as established in Article
4, of the City of Miami Zoning Ordinance 13114, as amended; and
(d) 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 ("Planning and Zoning Director") to promptly transmit a copy of this Ordinance after its
approval on first reading to the reviewing agencies pursuant to §163.3184, Florida Statutes, and any
other person or entity requesting a copy.
Section 5. The City shall hold its second public hearing for adoption of this Ordinance within
180 days after receipt of agency comments pursuant to §163.3184(3)(c)1, Florida Statutes.
Section 6. Within ten (10) days after adoption on second reading, the City Manager is directed
to instruct the Planning and Zoning Director to promptly transmit a certified copy of this Ordinance to
the appropriate agencies pursuant to §163.3184, Florida Statutes.
Section 7. 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 8. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption, and the state land planning agency notifies the City that the plan amendment package
is complete thereof pursuant and subject to §163.3184, Florida Statutes.{1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) 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 City Commission or upon the effective
date stated herein, whichever is later.
City of Miami Page 3 of 3 File Id: 14-012011u (Version: 3) Printed On: 11/18/2024