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HomeMy WebLinkAboutCC Legislation (Version 2)°r City of Miami City Hall 3500 Pan American fN� Drive * IMCIRP e..,P Legislation Miami FL 33133 www.miamigov.com Ordinance File Number: 10-00183lu 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, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA STATUTES, BY CHANGING THE LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1600 NORTHWEST 3RD AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance No. 13114; and WHEREAS, on October 22, 2009, the City Commission adopted a new Future Land Use Atlas, Ordinance No. 13115, amending Ordinance No. 10544, to be consistent with the Miami 21 Atlas; and WHEREAS, the Miami Planning Advisory Board, at its meeting on March 3, 2010, Item No. P.1, following an advertised public hearing, adopted Resolution No. 10-002, by a vote of eight to zero (8-0), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended; 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 § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" for 7.0± acres of real property located at approximately 1600 Northwest 3rd Avenue, Miami, Florida, more particularly described in Exhibit "A", attached and incorporated. 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; City of Miami Page 1 of 2 File Id. 10-001831u (Version: 2) Printed On: 3/5/2010 He Number.' 10-00183lu (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; (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, designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 380.05(1), Florida Statutes; and (f) density will be Restricted Commercial, 150 dwelling units per acre, as per the Miami Comprehensive Neighborhood Plan, as amended, and nonresidential intensity will be an FLR not to exceed 11.0 times net lot area of the subject property as established in the Miami Comprehensive Neighborhood Plan, 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, § 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. 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. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS:'` JULIE O. BRU 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 File Id: 10-00183lu (Version: 2) Printed On: 3/5/2010