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Home My WebLink AboutCC FR/SR Legislation (Version 2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180Iu4 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1609, 1624, 1632, AND 1637 NORTHWEST 59TH STREET AND 1630, 1687, 1691, AND 1693 NORTHWEST 58TH TERRACE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL", AND OF REAL PROPERTY LOCATED AT APPROXIMATELY 1620 NORTHWEST 58TH STREET, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the proposed changes to the land use of certain properties stated herein will create greater consistency with the City of Miami's Comprehensive Plan Future Land Use Map and the Zoning Atlas; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 19, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-031 by a vote of nine to zero (9-0), item no. 6, recommending APPROVAL 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, 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 Map designation of 0.97 acres of real properties located at approximately 1609, 1624, 1632, and 1637 Northwest 59th Street and 1630, 1687, 1691, and 1693 Northwest 58th Terrace, Miami, Florida, from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" and 0.24 acres of real property located at approximately 1620 Northwest 58th Street, Miami, Florida, from "Duplex Residential" to "Low Density Restricted Commercial" as depicted in "Exhibit A", attached and incorporated. City of Miami Page 1 of 3 File Id: 12-011801u4 (Version: 2) Printed On: 7/5/2013 File Number: 12-011801u4 Section 3. It is found that this Comprehensive Plan designation change: (a) Is necessary due to changed or changing conditions; and (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; and (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; and (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; and (e) Densities will be "Low Density Restricted Commercial", 36 dwelling units per acre, and "Medium Density Restricted Commercial", 65 dwelling units per acre, per the Miami Neighborhood Comprehensive Plan, as amended, and intensities 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 City of Miami Page 2 of 3 File Id: 12-011801u4 (Version: 2) Printed On: 7/5/2013 File Number: 12-011801u4 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 3 of 3 File Id: 12-011801u4 (Version: 2) Printed On: 7/5/2013