HomeMy WebLinkAboutPZAB LegislationCity of Miami
Legislation
PZAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-001131u1 Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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.
LOCATION: Approximately 3227-47 Charles Avenue [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): W. Tucker Gibbs, Esquire, on behalf of Heagrand, Inc.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
See companion File ID 11-00113zcl and related File IDs 11-001131u & 11-00113zc.
PURPOSE: This will change the above properties to "Major Institutional, Public
Facilities, Transportation and Utilities".
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 6, 2011,
Item No. PZAB.3, following an advertised public hearing, adopted Resolution No. by a vote of
to _ ( ), recommending of an amendment to Ordinance No. 10544, as amended;
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 s.
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
City of Miami Page 1 of 3 File Id• 11-001131a1 (Version: 1) Printed On: 3/31/2011
File Number: 11-001131u1
of real property located at approximately 3227, 3247 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;
(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
s. 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by s
380.0552, Florida Statutes or by the Administration Commission pursuant to s. 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 s. 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 Article 4, Section 4.01, CI Civic Institutional 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, s. 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. 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 s. 163.3187(3)(c), Florida Statutes. {1}
City of Miami Page 2 of 3 File Id: 11-001131u1 (Version: 1) Printed On: 3/31/2011
File Number: 11-001131u1
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 3 of 3 File Id: 11-001131u1 (Version: 1) Printed On: 3/31/2011