HomeMy WebLinkAboutO-13388City of Miami
Legislation
Ordinance: 13388
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-011801u1 Final Action Date: 5/23/2013
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) 824 SOUTHWEST 9TH COURT, MIAMI, FLORIDA, FROM
"DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; AS
DEPICTED IN "EXHIBITA", ATTACHED AND INCORPORATED; 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) 824 Southwest 9th Court, Miami, Florida, from "Duplex
Residential" to "Low Density Restricted Commercial"; as 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:
City of Miami
Page 1 of 2 File Id: 12-011801u1 (Version: 3) Printed On: 8/31/2017
File Number: 12-011801u1 Enactment Number: 13388
(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), Florida Statutes. {1}
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: 12-011801u1 (Version: 3) Printed On: 8/31/2017