HomeMy WebLinkAboutO-12933City of Miami
Legislation
Ordinance: 12933
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-002161u Final Action Date: 7/26/2007
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 LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT
APPROXIMATELY 10, 20, 30-32, 34 AND 58 NORTHEAST 53RD STREET AND 11,
17, 25, 35, 43 AND 57 NORTHEAST 52ND TERRACE, MIAMI, FLORIDA, FROM
"DUPLEX RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on March 7, 2007, Item No. 1,
following an advertised public hearing, adopted Resolution No. PAB 07-013 by a vote of five to two (5
-2), 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 is hereby amended by changing the land use designation from
"Industrial" to "General Commercial" for the property located at approximately 10, 20, 30-32, 34 and
58 Northeast 53rd Street and 11, 17, 25, 35, 43 and 57 Northeast 52nd Terrace, 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;
(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;
City of Miami
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File Number: 07-002161u Enactment Number: 12933
(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
§420.0004(3), Florida Statutes, and is 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. 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 §380.05(6), Florida Statutes; 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.
(g) this amendment is consistent with any applicable local housing incentive strategies identified
in §420.9076, Florida Statutes, and authorized by the City of Miami.
Section 4. 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 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. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 7. This Ordinance shall become effective thirty-one (31) days after second reading
and adoption thereof pursuant and subject to §163.3187(3)(c), Fla. Stat. (2006). {1}
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 immediately upon override of the veto by the City Commission or upon the effective date
stated herein, whichever is later.
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