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Home My WebLink AboutCC Legislation (Version 2) & ExhibitsCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-011801u Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORI DA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1) 2970-2996 SOUTHWEST 4TH STREET, 2979 AND 2981 SOUTHWEST 5TH STREET AND 445 SOUTHWEST 30TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL", AND 2) THE WESTERN PORTION OF 195 NORTHWEST 2ND STREET AND 200 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)" TO "CENTRAL BUSINESS DISTRICT (CBD)" WITHIN THE "URBAN CENTRAL BUSINESS DISTRICT (UCBD)"; 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 *, following an advertised public hearing, adopted Resolution No. PZAB-R *-* by a vote of * to * (*-*), item no. *, recommending * of the Future Land Use Changes as set forth; and WHEREAS, the City Commission, after careful consideration of this matter, 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 land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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. Ordinance No. 10544, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is amended by changing the Future Land Use designations of 1) 1.23± acres of real properties at approximately 2970-2996 Southwest 4th Street, 2979 and 2981 Southwest 5th Street, and 445 Southwest 30th Avenue, Miami, Florida, from "Single Family Residential" to "Duplex Residential" and 2) 1.45± acres of real properties at approximately the western portion of 195 Northwest 2nd Street and 200 Northwest 1st Avenue, Miami, Florida, from "Major Institutional, Public Facilities, Transportation and Utilities" within the "Urban Central Business District" to "Central Business District" within the "Urban Central Business District", as depicted in attached "Exhibit A". City of Miami Page 1 of 3 File Id: 12-011801u (Version: 2) Printed On: 11/5/2012 File Number: 12-011801u Section 3. It is found that this Comprehensive Plan designation changes 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, 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; (e) Densities will be "Duplex Residential" or 18 dwelling units per acre, and "Central Business District" or 1000 dwelling units per acre respectively, per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; 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 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 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: City of Miami Page 2 of 3 File Id: 12-011801u (Version: 2) Printed On: 11/5/2012 File Number: 12-011801u {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 3 of 3 File Id: 12-011801u (Version: 2) Printed On: 11/5/2012 EXHIBIT "A" - LAND USE # 1 11 SW 2ND ST I I I I I I SW 3 RD ST .IIIIIIIIi „Il" 1111111111 1111111111 0 LLJ H SW 4TH ST L () SW_5TH,ST SW 29TH AVE II■1 150 300 600 Feet ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV 150 300 600 Feet ADDRESS: 2970, 2988, 2996 SW 4 ST 2979 2981 SW 5 ST & 445 SW 30 AV 0 EXHIBIT "A" - LAND USE # 2 NW 4TH ST t NW 1ST ST NW 3RD ST NW 2ND ST 150 300 600 Feet NW MIAMI CT W FLAGLER ST w 2 z ADDRESS: 195 NW 2 ST & 200 NW 1 AV