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Ordinance 13737
File Number: 3147
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/25/2018
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 MULTIFAMILY RESIDENTIAL" TO
"MEDIUM DENSITY RESTRICTED COMMERCIAL" OF APPROXIMATELY 1.377
ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 824, 826, 834,
842, 852, 860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9
AVENUE, 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-17-070 by a
vote of ten to one (10-1), Item No. PZAB.12, recommending approval of the small scale Land
Use Designation Change as stated herein; and
WHEREAS, the properties located at 824, 826, 834, 842, 852, 860, 868, and 876
Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida have a current future land use
designation of "Medium Density Multifamily Residential'; and
WHEREAS, Riverwest Miami, LLC ("Applicant") has submitted a request to change the
future land use designation to "Medium Density 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 Neighborhood Plan, as amended ("MCNP"), 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;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 3 File ID: 3147 (Revision: A) Printed On: 4/10/2018
File ID: 3147 Enactment Number: 13737
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 is amended by changing the Future Land Use designation of approximately 1.377
acres of real properties at approximately 824, 826, 834, 842, 852, 860, 868, and 876 Northwest
1 Street and 29 Northwest 9 Avenue, Miami, Florida from "Medium Density Multifamily
Residential" to "Medium Density Restricted Commercial", as more particularly described 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
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 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 equivalent to "Medium Density Multifamily
Residential", or sixty-five (65) 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, 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: 3147 (Revision: A) Printed on: 4/10/2018
File ID: 3147
APPROVED AS TO FORM AND CORRECTNESS:
Enactment Number: 13737
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City of Miami Page 3 of 3 File ID: 3147 (Revision: A) Printed on: 4/10/2018