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Ordinance
File Nuinberc 15-00974111
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 0.17 ACRES OF REAL PROPERTY WHICH IS THE EASTERN
PORTION OF A PROPERTY COMPRISED OF APPROXIMATELY 0.40 ACRES
LOCATED AT APPROXIMATELY 4201 NORTHWEST 2ND AVENUE, 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-R15-070 by a vote of
eleven to zero (11-0), item no. 3, recommending APPROVAL 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,
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. 1054.4, as amended, the Future Land Use Map 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 approximately 0. 17 acres of real property which is the eastern portion of a property
comprised of approximately 0.40 acres located at approximately 4201 Northwest 2nd 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 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
City ofMianiI Page I oft File Id. 15-009 741n (Version. 2)'Printed On: 11/30/2015
File Number: 15-00974iu
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 Future Land Use Map amendment shall be
permissible;
(d) Is one which is not located within an area of critical state concern as designated by -
§380,0662,
y§380,0552, Florida Statutes, or by the Administration Commission pursuant to §380.05(1), Florida
Statutes; and
(e) 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}
PROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITYATTORNEYLe���U�\��
Footnotes:
f1} 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 Miam I Page 2 of 2 rile Id, T 5-00974Xu 61cu sBort: 2) Pr riled On: 1113012015