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Home My WebLink AboutCC Legislation (Version 2) & ExhibitCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-011801u1 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 SELECTED PROPERTIES LOCATED AT APPROXIMATELY: 1) THE NORTH SIDE OF SOUTHWEST 9TH STREET BETWEEN SOUTHWEST 8TH AVENUE AND SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL"; AND 2) 828 SOUTHWEST 8TH AVENUE, 829 AND 830 SOUTHWEST 8TH COURT, 814 AND.829 SOUTHWEST 9TH AVENUE, 824 AND 831 SOUTHWEST 9TH COURT, 826 AND 827 SOUTHWEST 10TH AVENUE, AND 827 AND 830 SOUTHWEST 11TH AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS DEPICTED IN "EXHIBITA"; 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 ("PZAB"), at its meeting on December 5, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-050 by a vote of ten to zero (10-0), item no. 9, recommending APPROVAL of the Future Land Use Changes 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, the Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is amended by changing the Future Land Use designations of 1) 5.27± acres of real property located at approximately the North side of Southwest 9th Street between Southwest 8th Avenue and Southwest 12th Avenue, Miami, Florida, from "Duplex Residential" to "Low Density Multifamily Residential"; and 2) 1.31± acres of real property located at approximately 828 Southwest 8th Avenue, 829 and 830 Southwest 8th Court, 814 and 829 Southwest 9th Avenue, 824 and 831 Southwest 9th Court, 826 and 827 Southwest 10th Avenue, and 827 and 830 Southwest 11th Avenue, Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial", as City of Miami Page 1 of 3 File Id: 12-011801u1 (Version: 2) Printed On: 1/9/2013 File Number: 12-011801u1 depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation changes 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 not in an area of critical state concern designated pursuant to §380,05, Florida Statutes; nor is a rural land stewardship area pursuant to §163.3248, Florida Statutes; nor.a sector plan pursuant to §163.3245, Florida Statutes; nor a comprehensive plan based on an evaluation and appraisal pursuant to §163.3191 Florida Statutes; nor new plans for newly incorporated municipalities adopted pursuant to §163,3167, Florida Statutes; (e)Densities will be "Low Density Multifamily Residential" and "Low Density Restricted Commercial" or 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(5)(c),1Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESSe/ JULIE O. BRU/ CITY ATTORNE City of Miami Page 2 of 3 File Id: 12-011801u1 (Version: 2) Printed On: 1/9/2013 File Number: 12-011801u1 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:12-011801n1 (Version: 2) Printed On: 1/9/2013 EXHIBIT "A" 1 OF 2 0 150 600 Feet ADDRESS: NORTH SIDE OF SW 9 ST BETWEEN SW 8 AV AND SW 12 AV 0 150 300 600 Feet I EXHIBIT "A" 2 OF 2 ADDRESSES: 828 SW 8 AV; 829 & 830 SW 8 CT; 814 & 829 SW 9 AV; 824 & 831 SW 9 CT; 826 & 827 SW 10 AV; 827 & 830 SW 11 AV.