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HomeMy WebLinkAboutPAB LegislationCity of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 06-003511u Final Action Date: CONSIDERATION OF AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE FUTURE LAND USE MAP, BY CHANGING THE LAND USE DESIGNATION FOR THE APPROXIMATE 2.83± ACRES OF PROPERTIES LOCATED WITHIN AND APPROXIMATELY BOUNDED BY NORTHWEST 17TH STREET TO THE NORTH, INTERSTATE 1-95 TO THE EAST, NORTHWEST 15TH STREET TO THE SOUTH, AND NORTHWEST 7TH AVENUE TO THE WEST, MIAMI, FLORIDA; FROM"INDUSTRIAL" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. REQUEST: To Amend Ordinance No. 10544, from "Industrial" to "General Commercial" to Change the Future Land Use Map of the Miami Comprehensive Neighborhood Plan LOCATION: Approximately bounded by NW 17th Street to the north, Interstate 1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west. (Commission District 5; Allapattah NET) APPLICANT(S): City of Miami Planning Department FINDINGS: PLANNING DEPARTMENT: Recommended Approval PURPOSE: This will change the above property(ies) to General Commercial. WHEREAS, the Miami Planning Advisory Board, at its meeting held on - Item No. -, following an advertised public hearing, adopted Resolution No. PAB --06 by a vote of - to - (-), recommending - of an amendment to Ordinance No. 10544, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: Section 1. The Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by changing the land use designation from "Industrial" to "General Commercial" for the properties located within and approximately bounded by NW 17th Street to the north, Interstate 1-95 to the east, NW 15th Street to the south, and NW 7th Avenue to the west, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. City of Miami Page 1 of 3 Printed On: 3/7/2006 File Number: 06-003511u Section 2. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) involves a residential land use of 10 acres or less and a density of less than 10 units per acre or involves other land use categories, singularly or in combination with residential use, of 10 acres or less and does not, in combination with other changes during the last year, produce a cumulative effect of having changed more than 60 acres through the use of "Small Scale development" procedures; (c) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (d) 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; (e) 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; and (f) is one which is not located within an area of critical state concern. Section 3. The City Manager is directed to instruct the Director of the Planning Department to immediately 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; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this 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 adoption thereof pursuant and subject to § 163.3187(3)(c), Fla. Stat. (2001). {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY conflict with Ordinance is reading and Footnotes: City of Miami Page 2 of 3 Printed On: 3/7/2006 File Number: 06-003511u {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. City of Miami Page 3 of 3 Printed On: 3/7/2006