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Ordinance 13731
File Number: 3144
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/11/2018
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 "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO
"RESTRICTED COMMERCIAL" OF APPROXIMATELY .85 ACRES OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 704 SOUTHWEST 7 AVENUE
AND 712, 716, 720, AND 734 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
16, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-068 by a
vote of nine to two (9-2), Item No. PZAB.8, recommending approval of the small scale Land Use
Designation Change as stated herein; and
WHEREAS, the properties located at approximately 704 Southwest 7 Avenue and 712,
716, 720, and 734 Southwest 7 Street, Miami, Florida, as more particularly described in Exhibit
"A" ("Properties"), have a current future land use designation of "Medium Density Restricted
Commercial'; and
WHEREAS, 701 Associates, LLC and Miami Automotive Retail, Inc. (collectively,
"Applicant") have submitted a request to change the future land use designation of the
Properties to "Restricted Commercial'; and
WHEREAS, the proposed future land use designation change is appropriate in light of
the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), and particularly in relation to the effects on adjoining properties;
and
WHEREAS, the City Commission has considered the recommendation of the PZAB; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Plan, the Miami 21 Code, and all other City of Miami ("City")
regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing conditions that make the passage of the proposed
legislation necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
City of Miami Page 1 of 2 File ID: 3144 (Revision:) Printed On: 4/9/2018
File ID: 3144
Enactment Number: 13731
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"), is amended by changing the Future
Land Use designation of the Properties from "Medium Density Restricted Commercial" to
"Restricted Commercial."
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
twenty (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 equivalent to "High Density Multifamily
Residential", or one hundred fifty (150) 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.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor ey 11/612017
' 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 2 File ID: 3144 (Revision:) Printed on: 4/9/2018