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O-2021-06 (Comp Plan-Flum Amendment)I ORDINANCE NO. 2021-06 2 3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES VILLAGE, 4 FLORIDA, APPROVING A SMALL SCALE AMENDMENT TO THE FUTURE 5 LAND USE MAP WITHIN THE VILLAGE COMPREHENSIVE PLAN, 6 CONSISTENT WITH 163.3161, 163.3184 AND 163.3187, FLORIDA 7 STATUTES; REDESIGNATING THE FUTURE LAND USE DESIGNATION FOR 8 CERTAIN PROPERTY FROM PARKING TO COMMERCIAL; PROVIDING FOR 9 CONFLICT, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. 10 11 WHEREAS, the Comprehensive Plan for the Miami Shores Village was adopted on July 12 1 51 , 2008; and amended on March 15 1h , 2019 to ensure that the development patterns for future 13 land uses within the Village match the community vision and quality-of-life expectations of its 14 residents; and, 15 16 WHEREAS, the specific authority and requirements for municipal Comprehensive 17 Planning in Florida emanates from Chapter 163, Florida Statutes, and, 18 19 WHEREAS, the Comprehensive Plan, and amendments thereto are adopted via 20 Ordinance; and, 21 22 WHEREAS, the owner of the property described in exhibit "A" hereto the "Property" is 23 seeking a land use map amendment to change the future land use designation for the property 24 from Parking to Commercial; and, 25 26 WHEREAS, the Planning Board acting in its capacity as the Local Planning Agency has 27 acted in accordance with state law, and in specific compliance with Section 163.3174, Florida 28 Statutes and has reviewed and recommends approval of such small scale amendment to the 29 Comprehensive Plan; and, 30 3 1 WHEREAS, the Village Council approved at its meeting of June 15, 2021; and, 32 33 WHEREAS, the Florida Department of Economic Opportunity (DEO) reviewed the 34 proposed Comprehensive Plan and returned it without Objections, Recommendations or 35 Comments to the Village; and, 36 37 WHEREAS, the proposed FLUM amendment shall be included in the "2025 Future Land 38 Use Map"; and, 39 40 41 NOW, THEREFORE, BE IT ENACTED BY THE VILLAGE COUNCIL OF MIAMI 42 SHORES VILLAGE, FLORIDA, AS FOLLOWS: 43 44 Section 1. Recitals. The above referenced whereas clauses are true and correct and are 45 incorporated into this ordinance by reference. 46 4 7 Section 2. The amended Future Land Use Map, attachment "A" are hereby approved and 48 shall be included in the "2025 Future Land Use Map." Page 1 of2 Addicions shown by underlinin and deletions shown by Affftiffi}tjag I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Section 3. Conflicting Provisions, All Village Code Provisions, ordinances or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed but only to the extent of such conflict. Section 4. Covenant. The owner has offered to record a covenant running with the land, in accordance with the terms offered as part of the Planning Board approval and reflected in their minutes as part of owner's effort to address the Village concerns. Failure to provide the covenant as part of the FLUM and rezoning application, shall result in withdrawal of this proposed designation. Section 5. Severability. The provisions of this Ordinance are declared to be severable, and if any sentence, section, clause or phrase of this Ordinance shall, for any reason, be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sentences, sections, clauses or phrases of the Ordinance, but they shall remain in effect it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 6. Conflicting Provisions, All Village Code Provisions, ordinances or parts of ordinances, in conflict with the provisions of this ordinance are hereby repealed but only to the extent of such conflict. Section 7. Effective Date, This ordinance shall take effect immediately after enactment, on second reading. PASSED and EN TED this __ 2_ day of November 2021. Attest: L1..<>--ftiVV\vJ Ysabet1-ttt er;-Sandra Hams, Mayor Village APPROVED AS TO FORM: Page 2 of 2 Additions shown by underlininh' and deletions shown by wmffikiag Attachment “A” Future Land use Map Existing Land use “Parking”Proposed Land use “Commercial” Commercial Commercial Full Legal Description 1 53 41 6 53 42 MIAMI SHORES SEC 1 AMD PB 10 70 LOTS 8 & 9 BLK 30 LOT SIZE 11500 SQ FT OR 19654-2423 04 2001 6 (2)