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Ordinance: 13605
File Number: 11-00700lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/28/2016
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 SECTION 163.3187,
FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 840 NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 5, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-1 1 -043 by a vote of eight to
one (8-1), item no. 5, recommending APPROVAL of the Future Land Use Change as 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. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to
Section 163.3187, Florida Statutes, is hereby amended by changing the future land use designation
from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" for 0.25±
acres of real property located at approximately 840 Northeast 78th Street, Miami, Florida, having a
legal description found in Exhibit "A" attached hereto and made a part thereof.
Section 3. This Comprehensive Plan designation change involves a use of ten (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;
(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;
City of Miand Page 1 of 2 File Id. 11-00700111 (Version: 2) Printed On: 5/2/2018
File Number: 11-00700lu EnactmentNnmber: 13605
(d) Is one which is not located within an area of critical state concern, meeting the criteria of
Section 420.0004(3), Florida Statutes, and is not located within an area of critical state concern
designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to
Section 380.05(1), Florida Statutes;
(e) Density will be "Medium Density Restricted Commercial", 65 dwelling units per acre, as per the
Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article
5 of the City of Miami Zoning Ordinance 13114; 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, Section 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 Section 163.3184(1)(c), Florida Statutes and any other
person or entity requesting a copy.
Section 5. If any section, part of 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 Section 163.3187(5)(c), Florida Statutes. {1}
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. 11-00700111 (Version: 2) Printed On: 5/2/2018