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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 14-007271u 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 PROPERTY APPROXIMATELY
LOCATED AT 5907 NORTHEAST 5TH AVENUE, MIAMI, FLORIDA, FROM
"SINGLE-FAMILY 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 ("PZAB"), at its meeting on November
19, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-071 by a vote of
seven to one (7-1), item PZAB.1, recommending DENIAL 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 ("City") 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
0.18± acres of real property located approximately at 5907 Northeast 5th Avenue, Miami, Florida, from
"Single Family 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 amendments
adopted by the local government does not exceed a maximum of 120 acres in a calendar year;
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File Id: 14-007271u (Version: 2) Printed On: 12/30/2014
File Number: 14-007271u
(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 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}
APPOVED AS TO FORM AND CORRECTNESS:
VI ORIA ' NDEZ
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 the City Commission or upon the effective
date stated herein, whichever is later.,
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