HomeMy WebLinkAboutO-13560City of Miami
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Ordinance: 13560
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.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
SEVERABILITY CLAUSE; 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
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File Number: 15-006781u 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;
(c) 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
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File Number: 15-006781u Enactment Number: 13560
hundred eighty (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}
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.
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