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Home My WebLink AboutCC Legislation (Version 2) & ExhibitCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-006991u 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 FOR THE REAL PROPERTY LOCATED AT APPROXIMATELY 230 SOUTHWEST 3RD STREET, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL"; 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 5, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-041 by a vote of eight to zero (8-0), item no. 3, recommending APPROVAL of the Future Land Use 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 future land use designation from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" for 1.58± acres of real property located at approximately 230 Southwest 3rd Street, Miami, Florida, having a legal description found in Exhibit "A" attached hereto and made a part thereof. Section 3. This Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) 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; however, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible; (d) Is one which is not located within an area of critical state concern, meeting the criteria of City of Miami Page 1 of2 File Id: 11-006991u (Version: 2) Printed On: 10/14/2011 File Number 11-006991u §420.0004(3), Florida Statutes, and is not 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; (e) 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 5 of the City of Miami Zoning Ordinance 13114; and (f) 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 and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to the reviewing agencies pursuant to §163.3184(1)(c), Florida Statutes; 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 may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(5)(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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 11-006991u (Version: 2) Printed On: 10/14/2011 EXIIIBIT "A" LEGAL DESCRIPTION: Traci J of 'RIVERSIDE PLAZA; according to the Plot (hereof recorded in Plat Book 139, Page 43, of the Public Records of Miami —Dade County, Florida. LESS AND EXCEPT: That par( of 1R4CT 3 RIVERSIDE PLAZA as recorded in Plot Book 139, Page 43, of the Public Records of Miami —Dade County, florists; and being a portion of Section 37, Township 54 South, Range 41 East. More poriculorly described as follows: • Beginning at the Southeast corner of said TRACT 3; thence along the South boundary of said TRACT 3, South 87 degrees 42 minutes 40 seconds West for 2.315 meters (7.50 lee!); thence North 00 degrees 30 minutes 14 seconds West for 75,56 meters (247.90 (eel) to a, point on the fast boundary of the aforesaid TRACT 3 also being the Westerly Right —of —Way line of S. W. 2nd Avenue; (hence along said East boundary, South 02 degrees 15 minutes 35 seconds East for 75.525 meters (247.78 feet) to the POWT OF BEGINNING. Together with: Commence at the Southeast comer of said TRACT 3; (hence along the East boundary of said TRACT J also being the Westerly right-o(—way line of S. W. 2nd Avenue, North 02 degrees 15 minutes 35 seconds Wes( for 78.383 meters (257.16 fee() to the POINT OF BEGINNING;; thence South 87 degrees 44 minutes 25 seconds West for 1.113 meters (165 feet); (hence North 02 degrees 15 minutes 35 seconds West for 6.558 meters (21.52 feet) to o Point of Curvature; thence Northerly and Northwesterly along the arc of o curve concave Southwesterly,' having for its elements a radius of 6.420 meters (21.06 feet), o central angle of 85 degrees 50 minutes 16 seconds, on arc length of 9.618 meters (31.56 feel) and o chord bearing and distance of North 45 degrees 10 minutes 4J seconds West for 8.744 meters (28.69 feet) to o point on the aforesaid East boundary of TRACT 3, said paint being an the arc of o non —tangent curve (a radial line bears South 01 degree 54 minutes 09 seconds Wes( to the center of said curve); thence along said fast boundary, Southeasterly along the arc of said curve concave Southwesterly, having for its elements a radius of Z620 meters (25.00 fee(), a central angle of 85 degrees 50 minutes 19 seconds, (or oh arc length of 11.416 meters (37.45 feel) and o chord bearing and distance of South 45 degrees 10 minutes 45 seconds fast for 10.378 meters (34.05 feet); thence continuing along said East boundary, South 02 degrees 15 minutes 35 seconds East for 5.361 meters (17.59 feet) to the POINT OF BEGINNING.