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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: 06-006131u1 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 MAP DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF THE SOUTHERN -MOST PORTION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1001 SOUTH MIAMI AVENUE, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAI NI NG A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an advertised public hearing, adopted Resolution No. PZAB-R *-* by a vote of * to * (*-*), item no. *, recommending * of the Future Land Use Change as set forth; and NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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 0.07± acres of the southernmost portion of real property located at approximately 1001 South Miami Avenue, Miami, Florida, from "Restricted Commercial" to "Public Parks and Recreation", as depicted in "Exhibit A", 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 City of Miami Page 1 of 2 File Id: 06-006131u1 (Version: 2) Printed On: 10/14/2012 File Number: 06-006131u1 shall be permissible; (d) Is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of §420.0004(3), Florida Statutes, and is 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 "Public Parks and Recreation " equal to "0" 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: s{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 City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 06-006131u1 (Version: 2) Printed On: 10/14/2012 LEGAL DESCRIPTION TO ACCOMPANY SKETCH A PORTION OF TRACT A'; BRICKELL FLATIRON, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168 AT PAGE 64 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE MOST NORTHEAST CORNER OF SAID TRACT 'A'; THENCE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST, ALONG THE EAST LINE OF SAID TRACT 'A', FOR A DISTANCE OF 441. 18 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 15 DEGREES 00 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 128.93 FEET TO A POINT OF CURVATURE WITH A CIRCULAR CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 4.00 FEET, THENCE ALONG SAID CURVE TO THE RIGHT FOR AND ARC DISTANCE OF 11.50 FEET THROUGH A CENTRAL ANGLE OF 164 DEGREES 46 MINUTES 45 SECONDS TO A POINT OF TANGENCY; THENCE NORTH 00 MINUTES 13 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF SAID TRACT 'A'; FOR A DISTANCE OF 123.36 FEET; THENCE NORTH 89 MINUTES 47 MINUTES 17 SECONDS EAST FOR A DISTANCE OF 41.71 FEET TO THE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINING 3, 100 SQUARE FEET. LYING AND BEING IN SECTION 39, TOWNSHIP 54 SOUTH, RANGE 41 EAST, CITY OF MIAMI, MIAMI—DADE COUNTY, FLORIDA, NOTES 1) BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 15`00'00" E, ALONG THE MONUMENT . LINE OF S.E 1 sf AVENUE 2) ORDERED BY: REGENTS PARK INVESTMENTS 3) AUTHENTIC COPIES OF THIS SKETCH AND LEGAL DESCRIPTION MUST BEAR THE EMBOSSED SEAL OF THE ATTESTING PROFESSIONAL LAND SURVEYOR. _tr �SefZ61TEZT/2E-__S/2GA/2G/2 U AA0aCG2ZEA, LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 FAX No'. (954)438-3288 ORDER NO. 199607 PREPARED UNDER MY SUPERVISION: DATE: FEBRUARY 8, 2011 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. LB-87 MARK STEVEN JOHNSON SEC'Y & TREAS. FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS SHEET 3 OF 3 SHEETS „Ff„ ZISIHXE 0 0 . — R/W D=164'46'45" R= 4.00' A=11.50' -4'1'/EN ED M4P LEGEND: P.8. PC. R SKETCH TO ACCOMPANY LEGAL DESCRIPTION MIAMI BLOCK 8I6S, ( B — 4 1 ) 0 0 0 0 NO0' 13' 15 "W-350.00' 0 0 0 h' NO0' 13' 15 "W-350.00' PROPOSED PARK (3, 100 sq. ff.) EC ocK Too rB_ 44 S 4,0/ 70 r i� 1p 7 .3Jy£�4,6 OFMi / 4M\ E R/W SOUTH MIAMI A VENUE NO0' 13' 15 "W-575. 76' WEST LINE OF TRACT 'A" TRACT 'A BRICKELL FLATIRON (P. B. 168, PG. 64) h �sT � j�, S7S' 0 07 pF T946., sus. w ,4 T A» G.eZL,S o p o p p.44 0,4c N> so ?zzp, O) * DENOTES CENTER LIN DENOTES MONUMENT LINE DENOTES PLAT BOOK DENOTES PAGE DENOTES RADIUS DENOTES CENTRAL ANGLE OR DELTA DENOTES ARC DISTANCE ,---SI GIrESi2E—CS-KA 2 I-2 Q�IA.oeiczlEA, ffne. LAND SURVEYORS -ENGINEERS -LAND PLANNERS - 3240 CORPORATE WAY-MIRAMAR, FL 33025 PHONE No.(954)435-7010 199607 FAX No. (954)438-3288 ORDER NO. PREPARED UNDER MY SUPERVISION: DATE: FEBRUARY 8, 2011 THIS IS NOT A " BOUNDARY SURVEY" CERTIFICATE OF AUTHORIZATION No. L8-87 MARK STEVEN JOHNSON SEC'Y & TREAS. FLORIDA PROFESSIONAL LAND SURVEYOR No. 4775 REVISIONS P.O.C. THE MOST NORTHEAST CORNER OF TRACT "A" SCALE 1 "=40' SHEET 2 OF 3 SHEETS S89'57'05'E-7�