HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-00839Iu 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 AT APPROXIMATELY 2984
SOUTHWEST 21ST TERRACE, MIAMI, FLORIDA, FROM "DUPLEX
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-12-035 by a vote of
seven to two (7-2), item no. 1, recommending APPROVAL of the Future Land Use Change as set
forth; 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
0.21± acres of real properties at approximately 2984 SW 21 Terrace, Miami, Florida, as depicted in
"Exhibit A", attached and incorporated, from "Duplex" to "Low Density Restricted Commercial".
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
City of Miami Page 1 of 2 File Id: 12-008391u (Version: 2) Printed On: 10/11/2012
File Number: 12-008391u
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(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, Florida Statutes. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU o
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: 12-008391u (Version: 2) Printed On: 10/11/2012