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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 DESCRIBED IN SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION
OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT
APPROXIMATELY 20 AND 30 NORTHWEST 34 STREET AND 23
NORTHWEST 33 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.
LOCATION: 20 & 30 NW 34 St, and 23 NW 33 St [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Ines Marrero-Priegues, Esquire, on behalf of Miami Management Group, Inc.;
Marks Subdivision Apt., LLC; Pedro J. Enriquez; Miami Green Houses, LLC.
PURPOSE: This will change the Future Land Use Map for properties at 30 NW 34 St and 23
NW 33 St from "Duplex Residential' to "Low Density Restricted Commercial'.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of a Comprehensive Plan
Amendment at 20 and 30 NW 34 Street and 23 NW 33 Street from "Duplex Residential' to "Low
Density Restricted Commercial' and denial of a Comprehensive Plan Amendment at 48, 54 and
62 NW 34 Street from "Duplex Residential' to "Low Density Restricted Commercial'.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval in part and denial in
part on November 2, 2016, by a vote of 8-1.
City of Miami File ID: 1427 (Revision: A) Printed On: 7/12/2018
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13661
File Number: 1427 Final Action Date: 2/23/2017
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 DESCRIBED IN SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 20 AND
30 NORTHWEST 34 STREET AND 23 NORTHWEST 33 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 Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September, 16, 2015, following an advertised public hearing, did not recommend approval for
the Future Land Use designation change at 48, 54, and 62 Northwest 34 Street and 30 NW 34
Street, Miami, Florida, memorialized in Resolution No. PZAB-R-15-059, Item PZAB.5; and
WHEREAS, on September 22, 2016, the City Commission considered Agenda Item
PZ.5 and remanded the matter back to PZAB for its consideration of additional land added to
the application and a new analysis conducted by the Department of Planning and Zoning that
incorporates the additional land; and
WHEREAS, the PZAB, at its meeting on November 2, 2016, following an advertised
public hearing, adopted Resolution No. PZAB-R-16-074 by a vote of eight to one (8-1), Item No.
PZAB.5, recommending approval in part and denial in part of the Future Land Use designation
change described herein; and
WHEREAS, the City Commission, at its January 26, 2017 meeting, adopted on first
reading Item No. PZ.17, approving the Future Land Use designation change for 20 Northwest
34 Street, 30 Northwest 34 Street, and 23 Northwest 33 Street and denying the Future Land
Use designation change for 48 Northwest 34 Street, 54 Northwest 34 Street, and 62 Northwest
34 Street, Miami, Florida; 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 set forth herein;
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.
City of Miami File ID: 1427 (Revision: A) Printed On: 7/12/2018
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 0.45± acres of real properties at approximately 20 and 30
Northwest 34 Street and 23 Northwest 33 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:
(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
one hundred twenty (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
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 "Low Density Restricted Commercial", 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, 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, 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, Florida
Statutes.'
' 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.
City of Miami File ID: 1427 (Revision: A) Printed On: 7/12/2018
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami File ID: 1427 (Revision: A) Printed On: 711212018