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File ID: 14035
Title: 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
FROM "HIGH DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY GENERALLY LOCATED AT 136 NORTHWEST 35TH
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately, 136 NW 35 Street
APPLICANT(S): Pedro M. Villa, Esq., on behalf of Educationem Consulendis Enterprises Inc
PURPOSE: This will amend the designation on the Future Land Use Map Amendment for the
above property from High Density Multifamily Residential to General Commercial.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING, AND APPEALS BOARD: On May 17, 2023, did not recommend approval
by failing to obtain the required supermajority vote, the vote was 4-3.
City of Miami File ID: 14035 (Revision:) Printed On: 8/5/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 14035 Final Action Date: 9/26/2024
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 FROM "HIGH
DENSITY MULTIFAMILY RESIDENTIAL" TO "GENERAL COMMERCIAL"
OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY
GENERALLY LOCATED AT 136 NORTHWEST 35TH STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 136 Northwest 35th Street, Miami, Florida
("Property") has a current future land use designation of "High Density Multifamily Residential";
and
WHEREAS, the applicant, Educationem Consulendis Enterprises, Inc., ("Applicant")
applied to the City of Miami ("City") to amend the FLUM of the Miami Comprehensive
Neighborhood Plan, as amended ("MCNP") to change the Future Land Use designation of the
Property to "General Commercial"; and
WHEREAS, the site is ±0.109 acres in size; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May
17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-054, Item
No. PZAB. 3, indicating it does not recommend approval because at the meeting a motion to
recommend approval of the zoning change was made, four (4) PZAB members voted in favor
and three (3) PZAB members voted against, thereby failing to receive the required six (6)
supermajority votes to recommend approval of the amendment to the Future Land Use Map
("FLUM"), to change the Land Use designation of the property from "High Density Multifamily
Residential" to "General Commercial; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544, Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the
proposed change necessary; and
City of Miami File ID: 14035 (Revision:) Printed On: 8/5/2025
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 and its inhabitants to
recommend approval of this amendment to the FLUM of the MCNP 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 FLUM of the MCNP, pursuant to
small scale amendment procedures subject to Section 163.3187, Florida Statutes, should be
amended by changing the Future Land Use designation of ±0.109 acres of real property located
at 136 Northwest 35th Street, Miami, Florida from "High Density Multifamily Residential" to
"General Commercial," as described in "Exhibit A," attached and incorporated.
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of fifty (50) 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 City does not exceed a maximum of one hundred
twenty (120) acres in a calendar year;
(c) The proposed amendment does not involve a text change to goals, policies, or
objectives of the City'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 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 "General Commercial," one hundred fifty (150) dwelling units per
acre, pursuant to the MCNP, and intensity will be as established in Article 4 of
the Miami 21 Code; 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. 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 5. This Ordinance shall become effective thirty-one (31) days after
second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c),
Florida Statutes.'
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
City of Miami File ID: 14035 (Revision:) Printed On: 8/5/2025
APPROVED AS TO FORM AND CORRECTNESS:
effective immediately upon override of the veto by the City Commission or upon the effective date stated
herein. whichever is later.
City of Miami File ID: 14035 (Revision:) Printed On: 8/5/2025