HomeMy WebLinkAboutLegislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-013811u 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
329, 333, 335, 337 AND 346 NORTHEAST 58TH TERRACE, MIAMI, FLORIDA,
FROM DUPLEX RESIDENTIAL TO GENERAL 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 December 5, 2007, Item No. 2,
following an advertised public hearing, adopted Resolution No. 07-047 by a vote of eight to zero (8-0),
recommending DENIAL of an amendment to Ordinance No. 10544, as amended; and
WHEREAS, the City Commission, after careful consideration of this matter notwithstanding, deems
it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to
grant this change of zoning classification as hereinafter 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 Duplex
Residential to General Commercial for 0.60± acres of real properties located at approximately 329,
333, 335, 337, 346 NE 58 Terrace, 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;
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File Number: 07-013811u
(d) 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) 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}
*Final approval pending proffered covenant on companion Zoning Change (07-01381zc).
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.
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