Loading...
HomeMy WebLinkAboutO-13620Vop City of Miami Legislation < U R �O Ordinance: 13620 File Number: 16-00052lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 7/29/2016 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 APPROXIMATELY 5.2 ACRES OF REAL PROPERTY LOCATED AT 2501 AND 2507 NORTHWEST 16 STREET ROAD, MIAMI, FLORIDA, FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "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 May 4, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-026 by a vote of eight to zero (8-0), Item No. PZAB.3, recommending approval with conditions of the 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; and WHEREAS, the real property located at 2501 and 2507 Northwest 16 Street Road, Miami, Florida is approximately 5.2 acres in size, rectangular in shape, under single ownership, and provides opportunities for enhanced design and functionality along the Miami River; and WHEREAS, because the abutting property to the immediate west is designated "Restricted Commercial" and the abutting property to the immediate east is designated "Medium Density Restricted Commercial", the proposed "Restricted Commercial" designation would create a transition between all the abutting properties; and WHEREAS, the applicant voluntarily proffered a covenant restricting the total dwelling units of the property to six hundred fifty (650) dwelling units, attached as Exhibit "B"; 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. City of Miand Page I of 3 File Id. 16-00052111 (Version: 2) Printed On: 5/17/2018 File Number: 16-00052lu Enactment Number: 13620 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 5.2 acres of real property located at 2501 and 2507 Northwest 16 Street Road, Miami, Florida, from "Medium Density Restricted Commercial" to "Restricted Commercial" 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; (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 "Restricted Commercial", or 150 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, 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 applicant shall record the restrictive covenant, attached as Exhibit "B", and working riverfront covenant, attached as Exhibit "C", within thirty (30) days of the effective date of this ordinance. Section 5. 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 6. 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 7. 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} City of Miand Page 2 of 3 File Id. 16-00052111 (Version: 2) Printed On: 5/17/2018 File Number: 16-00052lu Footnotes: Enactment Number: 13620 {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 3 of 3 File Id. 16-00052111 (Version: 2) Printed On: 5/17/2018