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Legislation
Ordinance
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-007191u 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 SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 144 NORTHEAST 5TH STREET, MIAMI, FLORIDA, FROM "MAJOR
INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO
"CENTRAL BUSINESS DISTRICT"; 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 July 6,
2016, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*),
Item No. *, 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 ("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,
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 ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment procedures subject to
Section 163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of
approximately *± acres of real property located at approximately 144 Northeast 5th Street, Miami, Florida,
from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Central Business District"; as
depicted in "Exhibit A", attached and incorporated.
Section 3. It is found that 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
City of Miami
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File Number: 16-007191u
objectives of the local government's comprehensive plan, but proposes a land use change to the FLUMfor 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 as designated by Section
380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida
Statutes;
(e) Density will be "one thousand", 1000 dwelling units per acre, per the MCNP, as amended,
and intensity will be as established in Article 4 of the Miami 21 Code, the Zoning Ordinance of the City of
Miami, Florida, 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, 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 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 Section 163.3187(5)(c), 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)
calendar 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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