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Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-009731u 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
APPROXIMATELY 0.68 ACRES DESCRIBED HEREIN OF REAL PROPERTIES
LOCATED AT APPROXIMATELY 30, 48, 54, AND 62 NORTHWEST 34TH STREET,
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 ("PZAB"), at its meeting on
September 16, 2015, following an advertised public hearing, considered a motion to recommend
approval, which failed by a vote of four to four (4-4); and
WHEREAS, the PZAB considered a motion to recommend approval for the property located at 30
Northwest 34 Street, and recommend denial for the properties located at 48, 54 and 62 Northwest 34
Street, Miami, Florida, which motion failed by a vote of two to six (2-6); and
WHEREAS, the PZAB, pursuant to Resolution No. PZAB-R-15-059, recommended 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 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 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 0.68± acres of real properties at approximately 30, 48, 54, and 62 Northwest 34 Street,
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 ten (10)
acres or fewer and:
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File Number: 15-009731u
(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
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 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", thirty-six (36) 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, 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}
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.
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