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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamlgov.com
File Number: 15-009651u 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
APPROXIMATELY 2.2711 ACRES DESCRIBED HEREIN OF REAL PROPERTIES
LOCATED AT APPROXIMATELY 460, 500, 520, 530, 538 AND 540 NORTHEAST
82ND TERRACE AND 421, 433, 437, 439 AND 505 NORTHEAST 82ND STREET,
MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" 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 ("PZAB"), at its meeting on
September 16, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-057
by a vote of five to three (5-3), item no. 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 if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment procedures
subject to §163.3187, Florida Statutes, is further amended by changing the Future Land Use
designation of 2.2711± acres of real properties located at approximately 460, 500, 520, 530, 538 and
540 Northeast 82nd Terrace and 421, 433, 437, 439 and 505 Northeast 82nd Street, Miami, Florida,
from "Medium Multi -Family Residential" 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
City of Miami Page 1 of 2 File Id: 15-009651u (Version: 2) Printed On: 10/26/2015
File Number: 15-009651u
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 FLUM for a site -specific development. However, text changes that relate directly to, and
are adopted simultaneously with the small scale FLUM 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", or 150 dwelling units per
acre, per the MNCP, and intensity will be as established in Article 4 of 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}
APP"OVED ' S TO FORM AN I, CORRECTNESS:
r
VICTORIA MENDEZ
CITY ATTORNEY NAM(0N\
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.
City of Miami Page 2 of 2 File Id: 15-009651u (version: 2) Printed On: 10/26/2015