HomeMy WebLinkAboutCC 01-24-13 Legislation (Version 2) & ExhibitFile Number: 11-00700111
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
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 LAND USE DESIGNATION OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 840
NORTHEAST 78TH STREET, MIAMI, FLORIDA, FROM "MED.IUM DENSITY
MULTIFAMILY RESIDENTIAL" TO "MEDI-UM 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, at its meeting on Octo.ber 5, 2011,
following an advertised public hearing, adopted Resolution No. PZAB-R-11-043 by a vote of eight to
one (8-1)., item no, 5, recommending APPROVAL of the Future Land Use Change as 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. The Future Land Use Map of Ordinance No, 10544, as amended, the Miami
Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to
§163.3187, Florida Statutes, is hereby amended by changing the future land use designation from
"Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" for 0.25± acres
of real property located at approximately 840 Northeast 78th Street, Miami, Florida, having a legal
description found in Exhibit "A" attached hereto and made a part thereof,
Section 3. This Comprehensive Plan designation change involves a use of 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 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, meeting the criteria of
City of Miami Page I of.2 File Id: 11-007001u (Version: 2) Printer/ On: 10/14/2011
File Number• 11-007001u
§420.0004(3), Florida Statutes, and is not 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;
(e) Density will be "Medium Density Restricted Commercial', 65 dwelling units per acre, as per the
Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article
5 of the City of Miami Zoning Ordinance 13114; 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, s. 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 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 • : w %
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 2 of 2 File Id: 11-007001u (Version: 2) Printed On: 10/14/2011
Exhibit "A"
Legal Description
Lot 17, Block 22, of Shore Crest, According to the Plat Thereof
Recorded in Plat Book 10, Page 23, of the Public Records of
Miami -Dade County, Florida