HomeMy WebLinkAboutCC Legislation (Version 5)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
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File Dumber: 06-006131uI 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" WITH AN "URBAN CENTRAL
BUSINESS DISTRICT" ("UCBD") OVERLAY TO "PUBLIC PARKS AND
RECREATION" WITH A "UCBD" OVERLAY; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE; AN❑ PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appears Board, at its meeting on January 16,
2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-004 by a vote of ten
to zero (10-0), item no. 4, recommending APPROVAL of the Future Land Use Change as set forth;
and
WHEREAS, the applicant proferred approximately 5,800 square feet of additional land within the
1001 South Miami Avenue, Miami, Florida, property, for a total of 8,900 square feet, to the City of
Miami, Florida, for park space as depicted in 'Exhibit B":
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY ❑F 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 ❑f
0.07± acres of the southernmost portion of real property located at approximately 1001 South Miami
Avenue, Miami, Florida, from "Restricted Commercial' with an "Urban Central Business ❑istrict"
("UCBD') Overlay to "Public Parks and Recreation" with a "UCBD" Overlay, 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
City af Miami
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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 scate Future Land Use Map amendment
shall be permissible:
(d) is one which is not located within an area of critical state concern,
meeting the criteria of §420.0004(3), Florida Statutes, and is not located within an area of critical state
concern designated by §380.0552, Florida Statutes ❑r 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 pursuant to Chapter 163, §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:
{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.
C'in' of Miami
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