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Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-007191u Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE 2020 FUTURE LAND USE
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, BY CHANGING
THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTIES LOCATED AT APPROXIMATELY 2970 SOUTHWEST 37TH
AVENUE; 2950, 2960, AND 2970 SOUTHWEST 37TH COURT; 2955, 2965, 2971, 2952,
2964, AND 2970 SOUTHWEST 38TH AVENUE; 2951, 2957, 2981, 2952, AND 2970
SOUTHWEST 38TH COURT; AND 2961 AND 2983 SOUTHWEST 39TH 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 July 1, 2015,
following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item
PZAB.6, recommending * 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,
FLORI DA:
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 3.79 ± acres of real properties at
approximately 2970 SW 37th Avenue; 2950, 2960, and 2970 SW 37th Court; 2955, 2965, 2971, 2952,
2964, and 2970 SW 38th Avenue; 2951, 2957, 2981, 2952, and 2970 SW 38th Court; and 2961 and 2983
SW 39th 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;
City of Miami
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File Number: 15-007191u
(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, 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}
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 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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