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Home My WebLink AboutLegislation (v2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-008631u1 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 .75± ACRES, AS DESCRIBED IN "EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT 455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM 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 ("PZAB"), at its meeting on February 17, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-009 by a vote of six to one (6-1), item no. 1, recommending DENIAL 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 residents 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 .75± acres, as described in "Exhibit A", attached and incorporated, of the real property located at 455 Northeast 38th Street, Miami, Florida, and a portion of the real property located at 3801 Biscayne Boulevard, Miami, Florida, currently designated "Medium Density Multifamily Residential", from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial". 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 City of Miami Page 1 of 2 File Id: 09-008631u1 (Version: 2) Printed On: 3/7/2016 File Number: 09-008631u 1 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 FLUM amendment shall be permissible; (d) Is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of Section 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Densities will be 65 dwelling units per acre, per the MCNP, as amended, and intensity will be as established in Article 5 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 Section163.3187(5)(c), Florida Statutes. {1} APPROVED AS TO FORM AND CORRECTNESS: 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 the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 2 of 2 File Id: 09-008631u1 (Version: 2) Printed On: 3/7/2016 File ID 09-00863Iu1 Miami Planning, Zoning and Appeals Board Resolution: PZAB.R-16-009 February 17, 2016 Item PZAB.1 Ms, Jennifer O. Barnes offered the following resolution and moved its adoption;. A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE Na 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 FUTURE LAND. USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES AT APPROXIMATELY 3801 BISCAYNE BOULEVARD ("MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" PORTION ONLY) AND 465 NORTHEAST 38TH STREET, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY .RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE. DATE. Upon being seconded by Mr. David H. Young the motion passed and was adopted by a vote of 6-1: Ms. Jennifer ()cane Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Adam Gersten Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pine Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr. David H. Young FraQis .o Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADS ) Yes Absent Absent Yes No Absent Absent Yes Yes Yes Absent Yes 01 ICI Executio Dad aci(p Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami; Florida, and acknowledges that he executed the fore¢* ing Resolution 8�N AND S� SCRIBED BEFORE ME THIS/ q DAY OF ? 01 i; :.r<" t J poVti Print Notary Name Personally know or Produced I.D. Type and number of I,D, produced Did take an oath or Did not take an oath ary Publi> "� -' s l.a NoJ irb lc Stain ;it PIorlda . 1. 1. 1stRri 96/466 My "Comm Expires Aug 6, 2019 aF a <�,�� ,,,d" Bondnd through National Notary Assn,