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(Ver. 3) & ExhibitsCity 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, 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 OFA 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 FLORIDAAVENUE 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, MIAMI, FLORIDA; A SECTION OF FOLIO #01-4121-007-3850 CURRENTLY DESIGNATED "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL", LESS A 25-FOOT DEEP PORTION OF THE LOT FACING FLORIDAAVENUE THAT REMAINS "SINGLE FAMILY RESIDENTIAL", AS PRESENTED BY THE PLANNING AND ZONING DEPARTMENTAND RECOMMENDED BY THE PLANNING, ZONING, AND APPEALS BOARD ("PZAB"), RESOLUTION PZAB-R-12-037, AND DEPICTED IN THE ATTACHED "EXHIBIT B"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), 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 Density 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; 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, 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 at approximately a portion of Folio #01-4121-007-3850, Miami, Florida, more particularly described in Exhibit "A", attached and incorporated, 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, Miami, Florida, the City of Miami Page 1 of 3 File Id: 12-008411u (Version: 3) Printed On: 10/29/2012 Fde Number 12-008411u lots in question front on Florida and Plaza a section of Folio #01-4121-00-3850 currently designated "Single Family Residential" to "Low Density Restricted Commercial", less a 25-foot deep portion of the lot facing Florida Avenue that remains "Single Family Residential'', as presented by the Planning and Zoning Department and recommended by the Planning, Zoning and Appeals Board (PZAB) Resolution PZAB-R-12-037„ and depicted in "Exhibit B", attached and incorporated, Section 3. It is found that this Comprehensive Plan: designation change involves a use of 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 exceod 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 localgovernment'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 scare 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 he '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 Ordnance, the Miami 21 Cod , 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 §1613187, Florida Statutes. {1) APPROVED AS TO FORM AND CORRECTNES JULIE 0, BRU CITY ATTORNEY City of Miami Page 2 of 3 File Id: 12-00841Iu (Version: 3) Printed On: 10/29/2012 File Number: 12-008411u 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: 3) Printed On: 10/29/2012 Exhibit "A" Legal Description The South 50 'Feet of Lots 1 and 2, ail 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 Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-12-037 File ID 12-00841Iu September 19, 2012 Item PZAB.3 Mr, Juvenal Pina offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH MODIFICATIONS TO THE MIAMI CITY COMMISSION, 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 AT APPROXIMATELY A 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 FLORIDA AND 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, THIS LAND USE CHANGE WAS RECOMMENDED APPROVAL WITH THE FOLLOWING MODIFICATIONS: 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 -DENSITY RESTRICTED COMMERCIAL"; 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. Upon being seconded by Mr, Patrick Goggins, the motion passed and was adopted by a vote of 8-1: Mr, Sergio Cruz Yes Mr. Charles A. Garavaglia Absent Mr. Charles A. Gibson Abstain Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Yes Mr, Ernest Martin No Mr, Daniel Milian Yes Mr. Juvenal Piria Yes Ms. Janice Tarbert Yes Ms, Melody L. Torrens Yes Mr, David H. Young Yes Francisco Garcia, Director tanning and Z•ning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF erY)e>r , 2012. /fix.le Itt 5 Ilift,<, Notary Public State of Rlbdds Print Notary Name Notary ublio State of Florida brt , Sandra Forges c My Commission DD859677 Personally know ✓ or Produced I.D. • My Commission Expires: ar n Expires 02/09/2013 Type and number of I•D. produced _ Did take an oath or Did not take an oath / FUTURE LAND USE MAP - EXHIBIT "B" PERCIVAL AVE OAK AVE FROW AVE Low Density Restricted Commercial 1111111111111111111111111ouuul� Single Family -- Resident dal II FLORIDA AVE Restricted Commercia IIIIIIIIImIIIIIIIIIIIIIIIIuouhuIIVII1IIIVIIIIIIIIIIIIIIIII GRAND AVE �uuonu �; ��,11,11(1111 Public Parks & Recreation 25' "Single Family Residential" Buffer H N J - Residential THOMAS AVE Major Inst, Public Facilities, Transp & Utilities 0 150 300 W LLIAM AVE 600 Feet HIBISCUS ST ADDRESS: A PORTION OF 01-4121-007-3850