HomeMy WebLinkAboutO-13396City of Miami
Legislation
Ordinance: 13396
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 06-006131u 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 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 January 16,
2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-002 by a vote of
ten to zero (10-0), item no. 2, recommending APPROVAL of the Future Land Use Change as set
forth; and
WHEREAS, the land use change will not result in a net loss of park space; 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, 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;
City of Miami
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File Number: 06-006131u Enactment Number: 13396
(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 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}
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.
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