HomeMy WebLinkAboutLegislation (v3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: I6-007191u
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 SECTION 163.3187,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT
APPROXIMATELY 144 NORTHEAST 5TH STREET, MIAMI, FLORIDA, FROM
"MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND
UTILITIES" TO "CENTRAL BUSINESS DISTRICT"; 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 July 6,
2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-040 by a vote of
seven to one (7-1), 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 ("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 if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the
Miami Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment procedures
subject to Section 163.3187, Florida Statutes, is further amended by changing the Future Land Use
designation of approximately 0.642± acres of real property located at approximately 144 Northeast 5th
Street, Miami, Florida, from "Major Institutional, Public Facilities, Transportation, and Utilities" to
"Central Business District", as depicted 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
amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar
year;
City of Miami Page 1 of 2 File Id: 16-007191u (Version: 3) Printed On: 7/11/2016
File Number: 16-007191u
(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
FLUM for a site -specific development. However, text changes that relate directly to, and are adopted
simultaneously with the small scale FLUM amendment shall be permissible;
(d) Is one which is not located within an area of critical state concern as designated by
Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section
380.05(1), Florida Statutes;
(e) Density will be one thousand, ("1,000") dwelling units per acre, per the MCNP, as
amended, and intensity will be as established in Article 4 of the Miami 21 Code, the Zoning Ordinance
of the City of Miami, Florida, 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, Section 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 Section 163.3184(1)(c), 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 Section 163.3187(5)(c), Florida Statutes. {1}
AP ROVED AS TO FORM AND CORRECTNESS:
V•f TORIA ENDEZ 7
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar 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: 16-007191u (Version: 3) Printed On: 7/11/2016