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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-009691u 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
1.07± ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY 3830,
3840, 3850, 3860, 3841, 3851, 3865 AND 3875 DAYAVENUE, 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 October
21, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-068 by a vote of
nine to two (9-2), 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 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 Section 163.3187, Florida Statutes, is further amended by changing the Future Land Use
designation of 1.07± acres of real properties located at approximately 3830, 3840, 3850, 3860, 3841,
3851, 3865 and 3875 Day Avenue, 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:
(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,
City of Miami Page 1 of 2 File Id: 15-009691u (Version: 2) Printed On: 11/25/2015
File Number: 15-009691u
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,
designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to
Section 380.05(1), Florida Statutes;
(e) Densities will be "Low Density Restricted Commercial", or thirty-six (36)
dwelling units per acre, per the MNCP, 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}
PRO
ED AS TO FORM A1ND CORRECTNESS:
ICTORI ' 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 Page 2 of 2 File Id: 15-009691u (Version: 2) Printed On: 11/25/2015