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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: 11-011961u 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 FUTURE LAND USE DESIGNATION OF THE NORTHWEST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 150 NORTHEAST 42ND STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND THE WEST PORTION OF REAL PROPERTY LOCATED AT 4218 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY 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 June 6, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-024 by a vote of nine to zero (9-0), item no. 5, 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 land use designation from the Northwest portion of real property located at approximately 150 Northeast 42nd Street, Miami, Florida, from "Duplex Residential" to "Medium Density Restricted Commercial"; and the West portion of real property located at 4218 Northeast 2nd Avenue, Miami, Florida, from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" for 0.52± acres, more particularly described in Exhibit "A", attached and incorporated. 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 City of Miami Page 1 of 2 File Id: 11-011961u (Version: 2) Printed On: 6/14/2012 File Number: 11-011961u has been granted a Comprehensive Plan change within the prior twelve months; (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 designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (f) Will be "Medium Density Restricted Commercial", 65 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 5 of the City of Miami Zoning Ordinance Miami 21; and (g) 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 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 a 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(5)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS:' JULIE O. BR� CITY ATTORNE 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: 11-011961u (Version: 2) Printed On: 6/14/2012 EXHIBIT "A" NE 1ST AVE NE 43RD ST NE 42ND ST NE 41 ST ST NE 40TH ST NE 39TH ST 0 75 150 300 Feet ADDRESSES:150 NE 42 ST & 4218 NE 2 AV