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Home My WebLink AboutCC Legislation (Version 2)ity of a Legislation Ordinance City Hail 3500 Pan American Drive i, EL 33133 www'.miaamicov corn File Number: D8 O0i65di 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3410-3420, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576, 3582 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL'', "DUPLEX RESIDENTIAL" AND "OFFICE" 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 on May 21, 2008, item No. 7, following an advertised public hearing, adopted Resolution No. PAB 08-021 by a vote of six to two (6- 2), recommending APPROVAL of an amendment to Ordinance No. 10544, as amended; and adopting Resolution No. 08-021a by a vote of six to two (6-2) recommending the applicant to provide the Planning Department with the legal description of the property as soon as possible_ 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 "Single Family Residential" to °'Restricted Commercial" for 0.92± acres of real properties located at approximately 3500, 3506, 3508, 3540. 3548, 3576, and 3582 Florida Avenue; from "Duplex Residential" to "Restricted Commercial'° for 1.03± acres of real properties located at approximately 3509-3511, 3521, 3547, 3551, 3559-3567, 3575 and 3587 Thomas Avenue and 3428 Hibiscus Avenue, from "Office" to "Restricted Commercial" for 1.66± acres of real properties located at approximately 3535, 3567, 3545, 3547, 3501, 3520, 3522, 3530 and 3560 Grand Avenue and 3410- 3420 Hibiscus Street, Miami, Florida. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; City of Miami Page 1 of 2 Printed On: 6/6/2008 File Nome': 08-001661ti (b) is one which involves property that has riot been the speci ic subject of a Comprehensiva 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 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 §38a05(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. (9) 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. 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 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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Band Page 2 of 2 Printed On: 6/6/2008