HomeMy WebLinkAboutCC Legislation (Version 2) & ExhibitsCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-011151u
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
ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY
3400 GRAND AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL"
TO "PUBLIC PARKS AND RECREATION"; 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 17,
2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-042 by a vote of
eleven to zero (11-0), item no. 8, recommending APPROVAL of the Future Land Use Change 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,
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. 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, is further amended by changing the Future Land Use designation of
0.172± acres of real property located at approximately 3400 Grand Avenue, Miami, Florida, from
"Restricted Commercial" to "Public Parks and Recreation"; as depicted in "Exhibit A", attached and
incorporated.
Section 3. It is found that 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;
City of Miami Page 1 of 2 File Id: 12-011151u (Version: 2) Printed On: 10/31/2012
File Number: 12-011151u
(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) The proposed amendment is one which is not located within an area of
critical state concern, meeting the criteria of §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) Densities will be "Public Parks and Recreation", 0 dwelling units per
acre, 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, 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 CORRECTNES---
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: 12-011151u (Version: 2) Printed On: 10/31/2012
Exhibit "A" - Page 1 of 2
Exhibit "A"
1) Address: 3400 GRAND AVENUE
Legal FROW HOMESTEAD PB B-106
Description: LOT 22 & W1/2 OF LOT 21 BLK 28
SIZE 75.000 X 100 OR
OR 10566-2104 1079 4
OR 10566-2104 1079 01
Source: miamidade.gov Property Information Map
EXHIBIT "A" (Page 2 of 2)
OAK AVE
FROW AVE
FLORIDA AVE
THOMAS AVE
GRAND AVE
THOMAS AVE
WILL AM AVE
w
a
a
CHARLES AVE
0 150 300 600 Feet
ADDRESS: 3400 GRAND AVENUE