HomeMy WebLinkAboutO-13220City of Miami
Legislation
Ordinance: 13220
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-001661u1 Final Action Date: 10/28/2010
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
3400 GRAND AVENUE; 3435, 3441, 3445 AND 3449 HIBISCUS STREET; 3454,
3441, 3439, 3407, 3460, 3452, 3440 AND 3430 THOMAS AVENUE; AND 3420,
3454 AND 3456 ELIZABETH STREET, MIAMI, FLORIDA, FROM "SINGLE-FAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL", EXCEPT WITH TRANSITIONS
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. 2, following an advertised public hearing, adopted Resolution No. PZAB-R-10-041 by a vote
of seven to zero (7-0), recommending DENIAL 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 2.272± acres of real properties located at approximately 3400 Grand
Avenue, 3435, 3441, 3445 and 3449 Hibiscus Street, 3454, 3441, 3439, 3407, 3460, 3452, 3440 and
3430 Thomas Avenue, 3420, 3454 and 3456 Elizabeth Street, Miami, Florida, more particularly
described in attached "Exhibit A", is hereby amended by changing the land use designation from
"Single -Family Residential" and "Duplex Residential to "Restricted Commercial", except with
transitions 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: 08-001661u1 (Version: 3) Printed On: 8/10/2017
File Number: 08-001661u1 Enactment Number: 13220
(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 §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 Restricted Commercial, 150 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, "T6-80" 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}
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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