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HomeMy WebLinkAboutO-13807 City of Miami City Hall 3500 Pan American Drive Legislation Miami, FL 33133 www.miamigov.com Ordinance: 13807 File Number: 4857 Final Action Date: 1/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DIUM DENSITY RESTRIC "GENERAL COMMERCIAL" OF THE 0.318 ± ACRES OF THE WESTERN PORTION OF REAL PROPERTY LOCATED AT 201 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DES- MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 201 Northwest 21 Street, Miami, FloridaA- , has a current ; and WHEREAS, 201 NW 21 Amendment application to change the Future Land Use designation of the western portion of the PropertyA- , which is the portion designated m Density Restricted Commercial WHEREAS, the Subject Property is 0.318± acres in size and is within the Overtown neighborhood on the border of the Wynwood Arts District neighborhood; and WHEREAS, the Property fronts Northwest 2 Avenue, an important corridor in the neighborhood; and WHEREAS, the proposed amendment would unify the Property under one (1) Future Land Use designation; and WHEREAS, the unification of the Future Land Use designation on the Property would enable the redevelopment or adaptive reuse of the Property in a manner which is in line with the pattern of development on either side of the Property; and WHEREAS, the Planning, Zoning and Appeals Boa September 5, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18 -045 by a vote of eight to zero (8 - 0), Item No. PZAB.5, recommending approval of the small scale Land Use designation change as stated herein; and WHEREAS, consideration was given to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, Ordinance No. 13114, the Zoning City of Miami Page 1 of 3 File ID: 4857 (Revision: ) Printed On: 2/22/2019 File ID: 4857 Enactment Number: 13807 Miami 21 Code, and all other City of regulations; and WHEREAS, consideration was given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, the City Commission, after careful consideration of this matter and appropriate public hearing, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to recommend approval of this Comprehensive Plan Amendment to the Future Land Use Map 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. The City Commission amends Ordinance No. 10544, the FLUM of the MCNP pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use designation of 0.318 ± acres of the Subject Property, as more particularly described in Exhibit A-1," attached and incorporated, from 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 City does not exceed a maximum of one hundred twenty (120) acres in a calendar year; (c) The amendment does not involve a text change to goals, policies, or objectives of the MCNP 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; one hundred fifty (150) dwelling units per acre, pursuant to the MCNP and intensity will be as established in Article 4 of the Miami 21 Code; and (f) The 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. 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. City of Miami Page 2 of 3 File ID: 4857 (Revision: ) Printed on: 2/22/2019 File ID: 4857 Enactment Number: 13807 Section 5. This Ordinance shall become effective thirty-one (31) days after second 1 reading and adoption thereof, pursuant and subject to Section 163.3187(5)(c), Florida Statutes. APPROVED AS TO FORM AND CORRECTNESS: 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 3 of 3 File ID: 4857 (Revision: ) Printed on: 2/22/2019