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HomeMy WebLinkAboutLegislation (v2)City of Miami Legislation Ordinance File Number: 16-00655lu 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE APPROXIMATELY 8.58 ACRES DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 34, 35, 44, 49, 50, 58, 63, 65, 66, 73, 74, 82, 83, 91, 92, 97, 98, 103, 104, 108, 109, 120, 125, 127, 130, 142, 143, 151, 152, 160, AND 165 NORTHWEST 27TH STREET; 34, 35, 39, 40, 50, 51, 58, 62, 65, 73, 74, 80, 83, 84, 91, 101, 108, 111, 116, 121, 122, 129, 135, 136, 143, 144, 152, 153, 160, 161, 168, 169, AND 179 NORTHWEST 26TH STREET; 2520, 2521, AND 2601 NORTHWEST 1ST AVENUE, 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 18, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-029 by a vote of seven to zero (7-0), 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 8.58± acres of real properties located at approximately 34, 35, 44, 49, 50, 58, 63, 65, 66, 73, 74, 82, 83, 91, 92, 97, 98, 103, 104, 108, 109, 120, 125, 127, 130, 142, 143, 151, 152, 160, and 165 Northwest 27th Street; 34, 35, 39, 40, 50, 51, 58, 62, 65, 73, 74, 80, 83, 84, 91, 101, 108, 111, 116, 121, 122, 129, 135, 136, 143, 144, 152, 153, 160, 161, 168, 169, and 179 Northwest 26th Street; 2520, 2521, and 2601 Northwest 1st Avenue, 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 City of Mialni Page I of 2 File Id. 16-006551a (Version: 2) Printed On: 711912016 File Number: 16-006551u (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, designated by §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 City of Miami Zoning Ordinance, the Miami 21 Code, 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} A ROVE AS TO FORM AND CORRECTNESS: WCTORIA M'ENDEZ CITYATTORNEY 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: 16-00655lu (Version: 2) Printed On: 7119/2016