HomeMy WebLinkAboutOrdinanceCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-001131u1 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
3227-47 CHARLES AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY
RESIDENTIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES"; 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 April 20, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-0** by a vote of * to * (*-*),
item no. 3, recommending * of the Zoning Change as set forth;
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 "Major Institutional, Public Facilities, Transportation and Utilities" for .243±
acres of real properties located at approximately 3227-47 Charles Avenue, Miami, Florida, more
particularly described in Exhibit "A", attached hereto and made a part thereof.
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;
City of Miami Page 1 of 2 File Id: 11-00113lic1 (Version: 2) Printed On: 7/29/2024
File Number: 11-001131u1
(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 "Major Institutional, Public Facilities, Transportation and Utilities", 9
dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and
intensity will be as established in the City of Miami Zoning Ordinance No. 13114, as amended, "Cl"
Civic Institutional with a "Village West Island and Charles Avenue NCD2" (Neighborhood
Conservation District) Overlay; and
(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:
{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.
City of Miami Page 2 of 2 File Id: 11-00113liil (Version: 2) Printed On: 7/29/2024