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Home My WebLink AboutCC Legislation (Version 2)File Number: 07-00797lu Final Action Date: 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 BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board ("PAB"), at its meeting on July 16, 2008, Item No. P.5, following an advertised public hearing, adopted Resolution No. 08-031 by a vote of seven to two (7-2), recommending DENIAL of an amendment to Ordinance No. 10544, as amended; and WHEREAS, the PAB adopted a second Resolution No. 08-031 a by a vote of six to three (6-3) stating that the PAB has no objection to the land use change if certain provisions are placed in the related Major Use Special Permit to prohibit commercial intrusion into the residential area; 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. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to s. 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Medium -Density Multifamily Residential to Restricted Commercial for 1.38± acres of real properties located at approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; City of Miami Page I of 2 Printed On: 77/25/2008 City of Miami City Hall 3500 Pan American ` zy �4�: Drive Miami, FL 33133 Legislation www.miamigov.com Ordinance File Number: 07-00797lu Final Action Date: 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 BY CHANGING THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 826, 832 AND 844 SOUTHWEST 5TH AVENUE; 513, 515, 517, 519, 521, 531, 541, 551, 561 AND 571 SOUTHWEST 9TH STREET, MIAMI, FLORIDA, FROM "MEDIUM -DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board ("PAB"), at its meeting on July 16, 2008, Item No. P.5, following an advertised public hearing, adopted Resolution No. 08-031 by a vote of seven to two (7-2), recommending DENIAL of an amendment to Ordinance No. 10544, as amended; and WHEREAS, the PAB adopted a second Resolution No. 08-031 a by a vote of six to three (6-3) stating that the PAB has no objection to the land use change if certain provisions are placed in the related Major Use Special Permit to prohibit commercial intrusion into the residential area; 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. The Future Land Use Map of Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to s. 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Medium -Density Multifamily Residential to Restricted Commercial for 1.38± acres of real properties located at approximately 826, 832 and 844 SW 5th Avenue and 513, 515, 517, 519, 521, 531, 541, 551, 561 and 571 SW 9th Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; City of Miami Page I of 2 Printed On: 77/25/2008 File Number: 07-00797lu (d) 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; (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), Florida Statutes, and is not located within an area of critical state concern designated by s. 380.0552, Florida Statutes or by the Administration Commission pursuant to s. 380.05(1), Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under s. 380.05(6), Florida Statutes; and (f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, Section 4.01, C-1 Restricted Commercial of the City of Miami Zoning Ordinance 11000, as amended. (g) 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, s. 163.3187, Florida Statutes. Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to s. 163.3187(3)(c), Florida Statutes. {1) APPROVED AS. TO FORM AND CORRECTNESS: JULIE O. BRU VA CITY ATTORNEY Footnotes: {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 date stated herein, whichever is later. City of Miami Page 2 of 2 Printed On: 11/25/2008