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Home My WebLink AboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Legislation Ordinance: 13560 City Hall 3500 Pan American Drive Miami, FL 33133 vdww.miamigov.com File Number: 15-006781u Final Action Date: 9/24/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED BETWEEN INTERSTATE 95 ON THE WEST, NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PARCELS FRONTING NORTHWEST 29TH STREET ON THE NORTH, THE FLORIDA EAST COAST RAILWAY CORRIDOR ON THE EAST, THE NORTHERN BOUNDARY OF THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVELOPMENT AGENCY ON THE SOUTH WEST OF NW 1 PLACE AND CONSISTENT WITH EXHIBIT A ON THE SOUTH EAST OF NW 1 PLACE, MIAMI FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL", "RESTRICTED COMMERCIAL", "INDUSTRIAL'", AND "LIGHT INDUSTRIAL" TO"GENERAL COMMERCIAL"; AND FROM "INDUSTRIAL" TO "LIGHT INDUSTRIAL", AS DEPICTED IN EXHIBIT "A" AS AMENDED, HEREBY ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITYCLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, due to changing conditions, the proposed Future Land Use Plan Map amendments will facilitate the creation of the Neighborhood Revitalization District 1 (NRD-1) allowing the transition of an industrial district into a diverse, mixed -use, residential neighborhood appropriate for higher densities and intensities; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting of June 17, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-037 by a vote of nine to zero (9-0), Item no. 5, recommending APPROVAL of the amendments to the MCNP as set forth; and WHEREAS, on July 23, 2015, the City Commission held a duly noticed public hearing, at which time it voted to transmit the Future Land Use Plan Map amendments for review by state, regional, and local agencies as required by law; and WHEREAS, prior to the scheduled City Commission second reading, the City of Miami ("City") will consider all concerns from the various reviewing agencies; 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 and its inhabitants to amend the Miami Comprehensive Neighborhood Plan ("MCNP") as hereinafter set forth; City of Miami Page 1 of 3 File Id: 15-006781u (Version: 4) Printed On: 12/20/2017 15-006781u-Legislation-SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File Number: 15-00678Iu Enactment Number: 13560 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. The Future Land Use Map of Ordinance No. 10544, as amended, the MCNP, pursuant to Expedited State Review amendment procedures subject to Section 163.3184(3), Florida Statutes, is further amended by changing the Future Land Use designation from "Medium Density Restricted Commercial" to "General Commercial" of approximately 23.92 ± acres, from "Restricted Commercial" to "General Commercial" of approximately 2.45 ± acres, from "Industrial" to "General Commercial" of approximately 17.51 ± acres, from "Light Industrial" to "General Commercial" of approximately 85.53 ± acres, and from "Industrial" to "Light Industrial" of approximately 9.86 ± acres, for properties located between 1-95 on the west, Northwest 29th Street on the north including parcels fronting Northwest 29th Street on the north between 1-95 and Northwest 5th Avenue and between Northwest 2nd Avenue and North Miami Avenue, the northern boundary of the Southeast Overtown/Parkwest Community Redevelopment Agency on the south west of NW 1 Place and consistent with Exhibit A on the south east of NW 1 Place, and the Florida East Coast Railway Corridor on the east, Miami, Florida, as depicted in "Exhibit A", attached and incorporated. Section 3. it is found that this Comprehensive Plan designation change: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to §163.3184, Florida Statutes; (e) Is not in an area of critical state concern designated pursuant to §380.05, Florida Statutes; nor in a rural land stewardship area pursuant to §163,3248, Florida Statutes; nor a sector plan pursuant to §163.3245, Florida Statutes; nor a comprehensive plan based on an evaluation and appraisal pursuant to §163.3191, Florida Statutes; nor new plans for newly incorporated municipalities adopted pursuant to §163.3167, Florida Statutes; (d) Allows densities equivalent to "General Commercial", or one hundred fifty (150) dwelling units per acre, and "Light Industrial", or thirty six (36) dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Appendix A, of the City of Miami Zoning Ordinance 13114 ("Miami 21 Code"), as amended; and (e) Complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act including, without • limitation, §163.3184, 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 approval on first reading to the reviewing agencies pursuant to §163.3184(1)(c), 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 one hundred eighty (180) days after receipt of agency comments pursuant to §163.3184(3)(c)1, Florida Statutes. City of Miami Page 2 of 3 File Id: 15-006781n (Version: 4) Printed On: 12/20/2017 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File Number: 15-006781u Enactment Number: 13560 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} 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 bide Id: 15-006781u (Version: 4) Printed On: 12/20/2017 SUBSTITUTED City of Miami Legislation Ordinance: 13560 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co Fite Number: 15-00678Iu Final Action Date:-/24/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES, BY CHANGING T FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN REAL PROPERTIES LOCATED BETWEEN INTERSTATE 95 ON THE WEST NORTHWEST 29TH STREET ON THE NORTH INCLUDING SPECIFIC PA" ELS FRONTING NORTHWEST 29TH STREET ON THE NORTH, THE FLORID EAST COAST RAILWAY CORRIDOR ON THE EAST, THE NORTHERN BOU 4ARY OF THE SOUTHEAST OVERTOWN/PARKWEST COMMUNITY REDEVE •PMENT AGENCY ON THE SOUTH WEST OF NW 1 PLACE AND CONSIST' T WITH EXHIBIT A ON THE SOUTH EAST OF NW 1 PLACE, MIAMI FLODA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL", "RESTRIC ED COMMERCIAL", "INDUSTRIAL", AND "LIGHT INDUSTRIAL" TO "GENERAL ♦MMERCIAL"; AND FROM "INDUSTRIAL" TO "LIGHT INDUSTRIAL", AS DEPI' ED IN EXHIBIT "A" AS AMENDED, HEREBY ATTACHED AND INCORPORATEr, MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENC ' S; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AEFFECTIVE DATE. WHEREAS, due to changing conditions, the proposed Future Land Use Plan Map amendments will facilitate the creation of the Nei. borhood Revitalization District 1 (NRD-1) allowing the transition of an industrial district into a diver.e, mixed -use, residential neighborhood appropriate for higher densities and intensities; and WHEREAS, the Miami Planning oning and Appeals Board ("PZAB"), at its meeting of June 17, 2015, following an advertised publ' hearing, adopted Resolution No. PZAB-R-15-037 by a vote of nine to zero (9-0), Item no. 5, reco ending APPROVAL of the amendments to the MCNP as set forth; and WHEREAS, on July ., 2015, the City Commission held a duly noticed public hearing, at which time it voted to transmit the uture Land Use Plan Map amendments for review by state, regional, and local agencies as require' by law; and WHEREAS, .rior to the scheduled City Commission second reading, the City of Miami ("City") will consider all co' erns from the various reviewing agencies; and WHE AS, the City Commission, after careful consideration of this matter, deems it advisable and in the b' st interest of the general welfare of the City and its inhabitants to amend the Miami Compreh sive Neighborhood Plan (" MCNP") as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 3 File Id: 15-006781u (Version: 3) Printed On: 10/30/2015 File Number: 15-006781u FLORIDA: SUBSTITUTED Enactment Number: 13560 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. The Future Land Use Map of Ordinance No. 10544, as amended, the MCNP, pursuant to Expedited State Review amendment procedures subject to Section 163.3184(3), Florida Statutes, is further amended by changing the Future Land Use designation from "Medium Density Restricted Commercial" to "General Commercial" of approximately 23.92 ± acres, from "Restricted Commercial" to "General Commercial" of approximately 2.45 ± acres, from "Industrial" to "General Commercial" .f approximately 17.51 ± acres, from "Light Industrial" to "General Commercial" of approximately 8 :.53 ± acres, and from "Industrial" to "Light Industrial" of approximately 9.86 ± acres, for properties I• ated between 1-95 on the west, Northwest 29th Street on the north including parcels fronting No west 29th Street on the north between 1-95 and Northwest 5th Avenue and between Northwest 2nd venue and North Miami Avenue, the northern boundary of the Southeast Overtown/Parkwest Com ' unity Redevelopment Agency on the south west of NW 1 Place and consistent with Exhibi on the south east of NW 1 Place, and the Florida East Coast Railway Corridor on the east, Mia' i, Florida, as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation chan (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process purs .nt to §163.3184, Florida Statutes; (c) Is not in an area of critical state concern des i ; ated pursuant to §380.05, Florida Statutes; nor in a rural land stewardship area pursuant to § .3.3248, Florida Statutes; nor a sector plan pursuant to §163.3245, Florida Statutes; nor a comp hensive plan based on an evaluation and appraisal pursuant to §163.3191, Florida Statutes; nor ew plans for newly incorporated municipalities adopted pursuant to §163.3167, Florida Statutes; (d) Allows densities equivalent to '. eneral Commercial", or one hundred fifty (150) dwelling units per acre, and "Light Industrial", or thirty (36) dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as am ded, and intensity will be as established in Appendix A, of the City of Miami Zoning Ordinance 13 4 ("Miami 21 Code"), as amended; and (e) Complies with the a Government Comprehensive Plan • ng and Land Development Regulation Act including, without limitation, §163.3184, Florida St• utes. icable acreage and density limitations set forth in the Local Section 4. The City M ager is directed to instruct the Director of the Planning and Zoning Department to promptly t :nsmit a certified copy of this Ordinance after its approval on first reading to the reviewing agencies ursuant to §163.3184(1)(c), Florida Statutes, and any other person or entity requesting a copy. Section 5 hundred eigh Statutes. he City shall hold its second public hearing for adoption of this Ordinance within one (180) days after receipt of agency comments pursuant to §163.3184(3)(c)1, Florida e' ion 6. Within ten (10) days after adoption on second reading the City Manager is directed to City of Miami Page 2 of 3 File 1d: 15-006731u (Version: 3) Printed On: 10/30/2015 File Number: 15-00678/u SUBSTITUTED Enactment _Number: 13560 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} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified he (10) days from the date it was passed and adopted. If the become effective immediately upon override of the veto stated herein, whichever is later. its' of Miami Page 3 of 3 ei unless vetoed by the Mayor within ten ayor vetoes this Ordinance, it shall City Commission or upon the effective date File Id: 15-006781u (Version: 3) Printed On: 10/30/2015