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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney DATE: April 30, 2018 RE: Ordinance No. — Ordinance No. 13757. File No. 3407 At its March 22, 2018 meeting, the City Commission considered the above referenced agenda item PZ.9, regarding an amendment to 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 from "duplex residential" to "medium density restricted commercial" of 1.69 ± acres of real properties approximately at 3043 Northwest 3 Avenue; 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street; and the western portion of 3040 Northwest 2 Avenue, Miami, Florida. While the agenda item referenced and included Exhibit "A," the published agenda included legislation that inadvertently omitted reference to "with attachment(s)." The legislation has been incremented to Revision B, and the correction has been made to the file. VM/BLM/RSR. Enclosures 34'07 -- Scr+ Nr _r 15 Error M/L4o City of Miami Legislation Ordinance 13757 City Hall 3500 Pan American Drive Miami, FL 33133 www. mia rnigov. com File Number: 3407 Final Action Date: 3122/20/8 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 FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF 1.69 ± ACRES OF REAL PROPERTIES APPROXIMATELY AT 3043 NORTHWEST 3 AVENUE; 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET; AND THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board (""PZAB") at its meeting on November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R- 17-090 by a vote of four to three (4-3), Item No. PZAB.7, recommending denial of the small scale Land Use Designation Change as stated herein; and WHEREAS, the properties located at 3043 Northwest 3 Avenue; 224, 234, 244, 252, 262, 268, 276. and 284 Northwest 31 Street; and the western portion of 3040 Northwest 2 Avenue; Miami, Florida ("Properties") have a current designation of "Duplex Residential" on the Future Land Use Map ("FLUMVI") of the Miami Comprehensive Neighborhood Plan ("MCNP'); and WHEREAS, Westdale Wynwood, LP (''Applicant") wishes to change the future land use designation to "Medium Density Restricted Commercial" for the Properties to develop the area as one (1) site; and WHEREAS, the Applicant has submitted a companion application to change the zoning classification of the properties from "T3-0," Sub -Urban Transect-Open, to "T4-L," General Urban Transect-Limited, as well as to change the zoning classification of the remaining properties on the block to the south from "T4-L," General Urban Transect-Limited, to "T5--L," Urban Center Transect-Limited, which would be compliant with the MCNP as they are already designated "Medium Density Restricted Commercial"; and WHEREAS, the Planning Department has analyzed the Applicant's request to change the future land use designation of the Properties from "Duplex Residential" to "Medium Density Restricted Commercial" and recommended denial; and WHEREAS. the City Commission has considered the goals, objectives, and policies of the Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); the MCNP; and all other City of Miami ("City') regulations; and WHEREAS, based on the evidence and testimony at the public hearing, the City Commission finds that Ordinance No. 10544, as amended, should be amended accordingly; City of Miami Page 7 of 2 File ID: 3407 (Revision: B) Printed On: 5/1/2016 File ID: 3407 Enactment Number: 13757 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 fully set forth in this Section. Section 2. Ordinance No. "10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended by changing the Future Land Use designation of the Properties from "Duplex Residential" to "Medium Density Restricted Commercial", as more particularly described in Exhibit "A", attached and incorporated. Section 3. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163_3187(5)(4 Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ° ttor ey 2/8/2018 i ria ndez, ity Httar y 4/30/2018 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: 3407 (Revision: 8) Printed an: 51112018 • rr City of Miami Legislation Ordinance City Hall 3500 Pan Ameican Drive Miami, EL 33133 vAr W.n1iamigov.earn File Number: 3407 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF 1.69 ± ACRES OF REAL PROPERTIES APPROXIMATELY AT 3043 NORTHWEST 3 AVENUE; 224, 234, 244, 252, 262, 268, 276, AND 284 NORTHWEST 31 STREET: AND THE WESTERN PORTION OF 3040 NORTHWEST 2 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting an November 15, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R- 17-090 by a vote of four to three (4-3), Item No. PZAB.7, recommending denial of the small scale Land Use Designation Change as stated herein; and WHEREAS, the properties located at 3043 Northwest 3 Avenue; 224, 234, 244, 252, 262, 268, 276, and 284 Northwest 31 Street: and the western portion of 3040 Northwest 2 Avenue, Miami, Florida ("Properties") have a current designation of "Duplex Residential" on the Future Land Use Map (' FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, Westdale Wynwood, LP ("Applicant") wishes to change the future land use designation to "Medium Density Restricted Commercial" for the Properties to develop the area as one (1) site; and WHEREAS, the Applicant has submitted a companion application to change the zoning classification of the properties from "T3-O," Sub -Urban Transect-Open, to "T4-L," General Urban Transect-Limited, as well as to change the zoning classification of the remaining properties on the block to the south from "T4-L," General Urban Transect-Limited, to "T5-L," Urban Center Transect-Limited, which would be compliant with the MCNP as they are already designated "Medium Density Restricted Commercial': and WHEREAS, the Planning Department has analyzed the Applicant's request to change the future land use designation of the Properties from "Duplex Residential" to "Medium Density Restricted Commercial" and recommended denial; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); the MCNP; and all other City of Miami ("City") regulations; and WHEREAS. based on the evidence and testimony at the public hearing, the City Commission finds that Ordinance No. 10544, as amended, should be amended accordingly; City of Miami File ID: 3407 (Revision: A) Printed On: 3/93/2418 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 fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes. is amended by changing the Future Land Use designation of the Properties from "Duplex Residential" to "Medium Density Restricted Commercial", as more particularly described in Exhibit "A", attached and incorporated, Section 3. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: n ez C ty 'ttor ey 2/8/2018 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 erein, whichever is later. City of Miami Fife ID: 3407 (Revision; A) Printed On: 3/73/2018