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Ordinance: 13707
File Number: 2846
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/26/2017
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 SUBJECT TO SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION OF 0.38 ± ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 460, 480, AND 490 NORTHEAST 61 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "PUBLIC PARKS AND
RECREATION"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on July 31,
2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-045 by a vote
of ten to zero (10-0), Item No. PZAB.8, recommending approval of the land use designation
change as stated herein; and
WHEREAS, the properties located at approximately 460, 480, and 490 Northeast 61
Street, Miami, Florida, have a current future land use designation of "Medium Density
Multifamily Residential"; and
WHEREAS, the site is 0.38 ± acres in size and provides opportunities for enhanced
design and functionality of Eaton Park in the Upper Eastside; and
WHEREAS, the applicant has submitted a request to change the future land use
designation to "Public Parks and Recreation"; and
WHEREAS, the proposed future land use designation change is appropriate in light of
the intent of the Miami Comprehensive Neighborhood Plan ("MCNP") and particularly in relation
to the effects on adjoining properties that have a future land use designation of "Public Parks
and Recreation"; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"); and all other regulations of the City of Miami ("City"); and
WHEREAS, the City Commission has considered the recommendations of the PZAB;
and
WHEREAS, the City Commission has considered the need and justification for the
proposed change of land use designation change including changing and changed conditions,
which make the passage of the proposed change necessary; and
City of Miami Page 1 of 3 File ID: 2846 (Revision:) Printed On: 9/10/2018
File ID: 2846 Enactment Number: 13707
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants that this proposed change
of land use designation as hereinafter set forth be granted;
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 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 0.38 ± acres of
real properties at approximately 460, 480, and 490 Northeast 61 Street, Miami, Florida, from
"Medium Density Multifamily Residential" to "Public Parks and Recreation," 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 City does not exceed a maximum of one hundred
(120) acres in a calendar year;
(c) The proposed amendment does not involve a text change to
goals, policies, and objectives of the City'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 Section 380.0552, Florida Statutes or by the Administration Commission
pursuant to Section 380.05(1), Florida Statutes;
(e) Density will be "Public Parks and Recreation," zero (0) dwelling
units per acre pursuant to the MCNP, as amended, 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, Section 163.3187, Florida Statutes.
Section 4. 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.'
' 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 Page 2 of 3 File ID: 2846 (Revision:) Printed on: 9/10/2018
File ID: 2846
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, ity Attor ey 9/1912017
Enactment Number: 13707
City of Miami Page 3 of 3 File ID: 2846 (Revision:) Printed on: 9/10/2018