HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-011321u 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
BETWEEN INTERSTATE 95 AND SOUTHWEST 1ST AVENUE AND BETWEEN
WEST FLAGLER STREET AND STATE ROAD 970/DOWNTOWN DISTRIBUTOR,
MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "RESTRICTED
COMMERCIAL" WITH A "RIVER QUADRANT RESIDENTIAL DENSITY INCREASE
AREA" OVERLAY, AS PRESENTED BY THE PLANNING DEPARTMENT AND
ATTACHED AS "EXHIBIT B"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on October 6, 2010,
Item No. 9, following an advertised public hearing, adopted Resolution No. PZAB-R-048 by a vote of
seven to zero (7-0), 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, for 4.05± acres of real properties located at approximately between
Interstate 95 and Southwest 1st Avenue and between West Flagler Street and State Road
970/Downtown Distributor, Miami, Florida, more particularly described in attached "Exhibit A", is hereby
amended by changing the land use designation from "Restricted Commercial" to "Restricted -
Commercial" with a "River Quadrant Residential Density Increase Area" Overlay, as presented by the
Planning Department and attached as "Exhibit B".
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;
City of Miami Page 1 of 2 File Id: 10-01132Iu (Version: 3) Printed On: 10/15/2010
File Number: 10-011321u
(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;
(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) Density will be equivalent to "High Density Multifamily Residential", 500 dwelling units per acre,
as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established
in Article 4, Section 4.01, "T6-8 - 480" Urban Core of the City of Miami Zoning Ordinance 13114, as
amended.
(g) 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.
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:
s{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 date stated herein, whichever is later.
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