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Home My WebLink AboutCC Legislation (Version 3)of is Legislation Ordinance City Han 3500 Pan American Drive Miarni, FL 33133 www.rniamigov.cor File Number: 06-020721u Final Actions 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 LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 1603, 1611, 1615, 1621, 1631 NORTHEAST MIAMI PLACE AND 1604, 1622, 1630 NORTHEAST 1ST AVENUE, MIAMI, FLORIDA, FROM "GENERAL COMMERCIAL" TO "RESTRICTED COMMERCIAL"; 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 May 2, 2007, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 07-021 by a vote of five to four (5- 4), recommending APPROVAL of an amendment to Ordinance Noe 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 "General Commercial" to "Restricted Commercial" for the property located at approximately 1603, 1611, 1615, 1621, 1631 Northeast Miami Place and 1604, 1622, 1630 Northeast 1st 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; (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, unless the project subject to Ci y of Mki.mm1 Page ! of 2 Printed On: 9/20/2007 File Number: 06-O2072Iu 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 Cornprehensive Panning and Land Development Regulation Act including, without limitation, §163.3187, Florida Statutes. (g) this amendment is consistent with the 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 promptly transmit a certified copy of this Ordinance after its adoption on second reading sto: 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. 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), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ 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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later, City, of Miami Page 2 of 2 Printed On: 9/20/2007