HomeMy WebLinkAboutSR Legislation (v2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 11-011961u1
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 REAL
PROPERTY LOCATED AT APPROXIMATELY 220 NORTHEAST 43RD STREET,
MIAMI, FLORIDA, LEGALLY DESCRIBED IN EXHIBIT A, ATTACHED AND
INCORPORATED, FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION & UTILITIES" AND "SINGLE-FAMILY RESIDENTIAL" TO
"MEDIUM DENSITY RESTRICTED COMMERCIAL"; 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 ("PZAB"), at its meeting on December
17, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-083 by a vote of
eleven to zero (11-0), item no. PZAB.3, 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 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
1.86± acres of real properties located at approximately 220 Northeast 43rd Street, Miami, Florida, from
"Major Institutional, Public Facilities, Transportation & Utilities" and "Single Family Residential" to
"Medium Density Restricted Commercial," as legally described in "Exhibit A," attached and
incorporated.
Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (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
City of Miami Page 1 of 2 File Id: 11-011961u1 (version: 2) Printed On: 12/23/2014
File Number: 11-011961u1
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 as designated by
§380.0552, Florida Statutes, or by the Administration Commission pursuant to §380.05(1), Florida
Statutes;
(e) Density will be "Medium Density Restricted Commercial," or sixty-five (65) 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, 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, Florida Statutes. {1}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA I°rIENDEZ
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) 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: 11-011961u1 (Version: 2) Printed On: 12/23/2014
EXFlUB[["A"
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