HomeMy WebLinkAboutO-12957City of Miami
Legislation
Ordinance: 12957
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-000491u Final Action Date: 12/13/2007
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, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA
STATUTES, BY CHANGING THE LAND USE DESIGNATION OF 0.46± ACRES OF
REAL PROPERTIES LOCATED AT APPROXIMATELY 1118, 1124, 1136, 1140
SOUTHWEST 7TH STREET, LESS THE NORTH 70 FEET, AND 1152
SOUTHWEST 7TH 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, at its meeting of October 3, 2007, Item No. 6,
following an advertised public hearing, adopted Resolution No. PAB 07-043 by a vote of 9-0,
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 "Medium
Density Multifamily Residential" to "Restricted Commercial" for 0.46± acres of real properties located
at approximately 1118, 1124, 1136 and 1140 Southwest 7th Street, less the North 70 feet, and 1152
Southwest 7th Street, 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
City of Miami
Page 1 of 2 File Id: 07-000491n (Version: 2) Printed On: 4/20/2017
File Number: 07-000491u Enactment Number: 12957
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 §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
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. 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}
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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