HomeMy WebLinkAboutCC Legislation (Version 2) & ExhibitCity of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-008411u 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 PROPERTY LOCATED ATAPPROXIMATELYA
PORTION OF FOLIO #01-4121-007-3850, MIAMI, FLORIDA, CONSISTING OF
THE NORTHERN PORTION OF A VACANT IRREGULARLY -SHAPED PROPERTY
LOCATED WITHIN THE BLOCK BOUNDED BY FLORIDA AVENUE ON THE
NORTH, PLAZA STREET ON THE EAST, GRAND AVENUE ON THE SOUTH, AND
DOUGLAS AVENUE ON THE WEST, THE LOTS IN QUESTION FRONT ON
FLORIDAAND PLAZA, FROM "SINGLE FAMILY RESIDENTIAL" TO "LOW
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 September 19,
2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-037 by a vote of
eight to one (8-1), item no. 3, recommending APPROVAL with modifications of the Future Land Use
Change as follows: 1) The northern most 25 feet fronting Florida Avenue to remain as "Single Family
Residential"; 2) The remaining portion (southern part fronting Florida Avenue) to be changed to "Low
Denisty Restricted Commercial"; and 3) The applicant's proffered covenant to be revised to include
affordable housing standard of federal government and the time frame to be 50 years instead of 30
years; and
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
0.574± acres of real property located at approximately a portion of Folio #01-4121-007-3850,
consisting of the northern portion of a vacant irregularly -shaped property located within the block
bounded by Florida Avenue on the north, Plaza Street on the east, Grand Avenue on the south, and
Douglas Avenue on the west, the Tots in question front on Florida and Plaza, Miami, Florida, more
particularly described in Exhibit "A", attached hereto and made a part thereof, from "Single Family
Residential" to "Low Density Restricted Commercial".
Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres
City of Miami Page 1 of 3 File Id: 12-008411u (Version: 2) Printed On: 10/11/2012
File Number: 12-008411u
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
designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Density will be "Low Density Restricted Commercial", 36 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 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, Florida Statutes. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
City of Miami
Page 2 of 3 File Id: 12-008411u (Version: 2) Printed On: 10/11/2012
File Number. 12-00841/u
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 3 of 3 File Id: 12-008411u (Version: 2) Printed On: 10/11/2012
Exhibit ',A"
!Legal Description
The South 50 Feet of Lots 1 and 2, at of Lots 3, 4, 5, and 6, Block 25, of AMENDED PLAT OF THE FROW
HOMESTEAD, according to the Plat thereof, as recorded in Plat Book B, Page 106, of the Public Records
of Miami -Dade County, Florida,