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HomeMy WebLinkAboutO-13394City of Miami Legislation Ordinance: 13394 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-006131u1 Final Action Date: 6/27/2013 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 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; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals 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 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 0.07± 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 District" ("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 City of Miami Page 1 of 2 File Id: 06-006131u1 (Version: 5) Printed On: 9/1/2017 File Number: 06-006131u1 Enactment Number: 13394 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 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 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 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} 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. City of Miami Page 2 of 2 File Id: 06-006131u1 (Version: 5) Printed On: 9/1/2017