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HomeMy WebLinkAboutLegislation (v2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-010651u 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 LARGE SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3184, FLORIDA STATUTES, BY AMENDING THE 2020 FUTURE LAND USE MAP SERIES TO CHANGE THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED, FOR THE PROPERTIES APPROXIMATELY LOCATED BETWEEN NORTHWEST 20TH STREET AND NORTHWEST 21ST STREET, AND NORTHWEST 13TH AVENUE AND NORTHWEST 19TH AVENUE, MIAMI, FLORIDA; AND FOR THE PROPERTIES FRONTING THE NORTH SIDE OF NORTHWEST 20TH STREET BETWEEN NORTHWEST 19TH AVENUE AND NORTHWEST 27TH AVENUE, MIAMI, FLORIDA; AND FOR THE PROPERTIES FRONTING THE SOUTH SIDE OF NORTHWEST 20TH STREET, FROM NORTHWEST 27TH AVENUE TO THE SEYBOLD CANAL, MIAMI, FLORIDA, FROM "LIGHT INDUSTRIAL" TO "GENERAL 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 November 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-067 by a vote of seven to zero (7-0), item no. PZAB.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 ("City") 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 large scale amendment procedures subject to §163.3184(3), Florida Statutes, is further amended by changing the Future Land Use designation of 62.7± acres of real properties located approximately between Northwest 20th Street and Northwest 21 st Street, and Northwest 13th Avenue and Northwest 19th Avenue, Miami, Florida, for the properties fronting the North side of Northwest 20th Street, between Northwest 19th Avenue and Northwest 27th City of Miami Page 1 of 3 File Id: 14-010651u (Version: 2) Printed On: 12/16/2014 File Number: 14-010651u Avenue, Miami, Florida, and for the properties fronting the South side of Northwest 20th Street, from Northwest 27th Avenue to the Seybold Canal, Miami, Florida, excluding Gerry Curtis Park, from "Light Industrial" to "General Commercial" as depicted in "Exhibit A, attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use over ten (10) acres: (a) Is necessary due to changed or changing conditions; and (b) The procedure for transmittal of a complete proposed comprehensive plan or plan amendment pursuant to §163.3184, Florida Statutes, "Process for adoption of comprehensive plan or plan amendment" subparagraph (3)(b)1 and paragraph (4)(b) and for adoption of a comprehensive plan or plan amendment pursuant to subparagraphs (3)(c)1 and (4)(e)1 shall be by affirmative vote of not less than a majority of the members of the governing body present -at the hearing; 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 an identified corridor; and (d) Density will be equivalent to "General Commercial," or 150 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity as established in Article 4 of the City Zoning Ordinance, the Miami 21 Code, as amended; and (e) The proposed amendment will follow the procedure set forth in §163.3184, Florida Statutes, "Process for adoption of comprehensive plan or plan amendment". 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 approval on first reading to the reviewing agencies, pursuant to §163.3184(3), Florida Statutes, and any other person or entity requesting a copy. Section 5. The City shall hold its second public hearing for adoption of this Ordinance within 180 days after receipt of agency comments pursuant to §163.3184(3)(c)1, Florida Statutes. Section 6. Within ten (10) days after adoption on second reading the City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance to the appropriate agencies pursuant to §163.3184(3)(c)2, Florida Statutes. Section 7. 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 8. This Ordinance shall become effective thirty-one (31) days after second reading and adoption, and the state land planning agency notifies the City that the plan amendment package is complete thereof, pursuant and subject to §163.3184(3)(c), Florida Statutes. {1} APP OVED AS TO FORM AND CORRECTNESS: VI 'r TORIA ENDEZ City of Miami Page 2 of 3 File Id: 14-01065lu (Version: 2) Printed On: 12/16/2014 File Number: 14-010651u 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 City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File Id: 14-01'0651u (Version: 2) Printed On: 12/16/2014