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Ordinance: 13815
File Number: 4945
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/13/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
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
FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY LOCATED APPROXIMATELY AT 3516
NORTHWEST 7 AVENUE AND 725 NORTHWEST 35 STREET, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED
AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 725 Northwest 35 Street, Miami, Florida has a
current future land use designation of "Medium Density Multifamily Residential'; and
WHEREAS, the property located at 3516 Northwest 7 Avenue, Miami, Florida has two
(2) current future land use designations of "Medium Density Multifamily Residential' and
"Restricted Commercial"; and
WHERAS, 725 Northwest 35 Street, Miami, Florida and 3516 Northwest 7 Avenue,
Miami, Florida (collectively, "Property") are more particularly described in Exhibit "A," attached
hereto and incorporated herein; and
WHEREAS, 3516 NW 7th Ave LLC ("Applicant") submitted a Comprehensive Plan
Amendment application to change the future land use designation of the portions of the Property
that is designated "Medium Density Multifamily Residential' to "Medium Density Restricted
Commercial," as more particularly described in Exhibit "B," attached and incorporated; and
WHEREAS, the Property is comprised of two (2) parcels and is a total of approximately
0.782 acres in size and the requested change to the Future Land Use Map is approximately
0.316 acres in size; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on
September 24, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-
18 - 046 by a vote of seven to zero (7 - 0), Item No. PZAB. 5, recommending approval
of the small scale Land Use Designation change as stated herein; and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
Miami Comprehensive Plan; Ordinance No. 13114, as amended, the Zoning Ordinance of the
City of Miami, Florida ("Miami 21 Code"); and all other City of Miami ("City") regulations; and
City of Miami Page 1 of 3 File ID: 4945 (Revision:) Printed On: 1/29/2019
File ID: 4945 Enactment Number: 13815
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changing and changed conditions that make the passage of the proposed
change necessary; and
WHEREAS, City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its inhabitants to
recommend approval of this Comprehensive Plan Amendment to the Future Land Use Map 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 fully set forth in this Section.
Section 2. The City Commission amends 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, to change the Future Land Use
designation of 0.316 ± acres of the Property from "Medium Density Multifamily Residential" to
"Medium Density Restricted Commercial", as described in Exhibit "B," 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 120 acres in a
calendar year;
(c) The proposed amendment does not involve a text change to goals,
policies, or 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 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 §380.0552, Florida Statutes, or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Density will be "Medium Density Restricted Commercial", 65 dwelling
units per acre, pursuant to the Miami Neighborhood Comprehensive Plan, 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, §163.3187, Florida Statutes.
Section 4. 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.
City of Miami Page 2 of 3 File ID: 4945 (Revision:) Printed on: 1/29/2019
File ID: 4945
Enactment Number: 13815
Section 5. 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.'
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 1112/2018
1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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.
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