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Ordinance
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3500 Pan American
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Miami, FL 33133
www.miamigov.com
File Number: 09-008631u1 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
.75±ACRES, AS DESCRIBED IN "EXHIBITA", ATTACHED AND INCORPORATED,
OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI,
FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801
BISCAYNE BOULEVARD, 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 FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February
17, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-009 by a vote
of six to one (6-1), 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 residents 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 Section 163.3187, Florida Statutes, is further amended by changing the Future Land Use
designation of .75± acres, as described in "Exhibit A", attached and incorporated, of the real property
located at 455 Northeast 38th Street, Miami, Florida, and a portion of the real property located at
3801 Biscayne Boulevard, Miami, Florida, currently designated "Medium Density Multifamily
Residential", from "Medium Density Multifamily Residential" to "Medium Density Restricted
Commercial".
Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (10)
acres or fewer and:
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File Number: 09-008631u1
(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 FLUM amendment shall be permissible;
(d) Is one which is not located within an area of critical state concern, unless the project subject to
the proposed amendment involves the construction of affordable housing units meeting the criteria of
Section 420.0004(3), Florida Statutes, and is 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) Densities will be 65 dwelling units per acre, per the MCNP, as amended, and intensity will be
as established in Article 5 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 Section163.3187(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.
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