HomeMy WebLinkAboutO-13363City of Miami
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Ordinance: 13363
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-008411u Final Action Date: 2/28/2013
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 OF 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 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 DEPARTMENT AND 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: 12-008411n (Version: 3) Printed On: 8/22/2017
File Number: 12-008411u Enactment Number: 13363
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 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 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 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}
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Footnotes:
City of Miami Page 2 of 3 File Id: 12-008411n (Version: 3) Printed On: 8/22/2017
File Number: 12-008411u Enactment Number: 13363
{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: 12-00841 in (Version: 3) Printed On: 8/22/2017