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Home My WebLink AboutCC Legislation (Version 4) & ExhibitCity of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-006131u 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 ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10TH STREET, MIAMI, FLORIDA, FROM "PUBLIC PARKS AND RECREATION" WITH AN "URBAN CENTRAL BUSINESS DISTRICT" ("UCBD") OVERLAY TO "RESTRICTED COMMERCIAL" 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 *, 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 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, 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 real property at approximately 20 Southeast 10th Street, Miami, Florida, from "Public Parks and Recreation" with an "Urban Central Business District" ("UCBD") Overaly to "Restricted Commercial" with a "UCBD" Overaly; 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; City of Miami Page 1 of 2 File Id: 06-006131u (Version: 4) Printed On: 12/21/2012 File Number: 06-006131u (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, 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 "Restricted Commercial" within the Brickell Residential Density Increase Area, equal to 500 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: {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: 06-006131u (Version: 4) Printed On: 12/21/2012 EXHIBIT ".A„ BRICKELL FLATIRON LEGAL DESCRIPTION LOT I. OLGCx` 7J, SOJTH art' DF 4444i ACCOR0iNV TO THE FIAT THEREor 4r OF THE Pu& RECtPRVS OF D4l]E COUNTY, aoRTElt LESS AND EXGEPrlHC TNERE TIOLT ThE 5oflj f{ FEET AN0 THE W£ST 84. !! Or J,000 SOUARf FEET. JJQRf OR LESS. RUCORVEO IN PLAT 1 - AT PAGE ET THEREOF CONTA/N/MC AN AREA ALL LV!NG ANI) RE7M 8N SECTION J9, TOHT15N1P 54 SOUTH; RANGE 4 r £45T, CIrr or MLAMi 61L4M!-DARE COUNrY. aOR,Gt4