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HomeMy WebLinkAboutO-13997City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� 1 11 , Ordinance: 13997 File Number: 6760 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/13/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 MULTIFAMILY RESIDENTIAL" FOR THE PROPERTIES LOCATED AT APPROXIMATELY 3069, 3091, AND 3095 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AN INCORPORATED, AND BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 3040 CARTER STREET AND A PORTION OF 3065 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "B," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at approximately 3040 Carter Street and 3069, 3091, and 3095 Plaza Street as well as a portion of the property located at approximately 3065 Plaza Street, Miami, Florida, all as more particularly described in Exhibits "A" and "B", attached and incorporated (collectively, "Property"), have a current future land use designation of "Duplex Residential' on the Future Land Use Map, as amended ("FLUM"), of the Miami Comprehensive Neighborhood Plan, as amended ("MCNP"); and WHEREAS, the property located at approximately 3065 Plaza Street, Miami, Florida is partially designated "Duplex Residential', as indicated above, and partially designated "General Commercial' on the FLUM of the MCNP; and WHEREAS, One Roble, LLC, 3510, LLC (formerly known as 3010 Carter, LLC), and Cornelius Shiver (collectively, "Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation for the properties located at approximately 3069, 3091, and 3095 Plaza Street, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated (collectively, "Property 1"), from "Duplex Residential' to "Medium Density Multifamily Residential'; and WHEREAS, the Applicant further requests to change the future land use designation for the properties located at approximately 3040 Carter Street, Miami, Florida and a portion of 3065 Plaza Street, Miami, Florida that are designated "Duplex Residential," as more particularly described in Exhibit "B," attached and incorporated (collectively, "Property 2"), from "Duplex Residential' to "Medium Density Restricted Commercial'; and City of Miami Page 1 of 3 File ID: 6760 (Revision:) Printed On: 512612021 File ID: 6760 Enactment Number: 13997 WHEREAS, the Property is 0.826 ± acres in size; and WHEREAS, the proposed amendment would restrict all industrial uses but allow residential and commercial uses and provide for increased density and intensity; and WHEREAS, the City of Miami ("City") seeks to incentivize mixed -use development within a 0.5-mile walking and biking distance to transit facilities and corridors; and WHEREAS, based on an examination of the existing land uses and observation by site visit, the residential areas near the Property contain a mixture of "Duplex Residential" and "General Commercial" future land use designations; and WHEREAS, analysis of City of Miami ("City") Levels of Service has shown that the proposed change to the FLUM could result in an estimated increase in population of 109 residents; and WHEREAS, analysis of City Levels of Service has shown that all levels of service appear to be able to be met; and WHEREAS, the City's Office of Capital Improvements recommends the Applicant provide more information on how transportation impacts for the immediate neighborhoods could be mitigated at the time of redevelopment; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 6, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19- 047 by a vote of eight to one (8-1), Item No. PZAB.2, recommending approval of the small-scale Land Use Designation Change as proposed herein; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and WHEREAS, City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to approve this Comprehensive Plan amendment to the FLUM 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The FLUM of the 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 a total of 0.826 ± acres, specifically be amending Property 1, as described in the attached and incorporated Exhibit "A", from "Duplex Residential" To "Medium Density Multifamily Residential" and amending Property 2, as described in the attached and incorporated Exhibit "B", from "Duplex Residential" to "Medium Density Restricted Commercial". City of Miami Page 2 of 3 File ID: 6760 (Revision:) Printed on: 5/26/2021 File ID: 6760 Enactment Number: 13997 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 proposed 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; (e) Density will be "Medium Density Multifamily Residential', sixty-five (65) 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 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. 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: 1 i � 4aindez, City Attor ley 11 /27/2019 ' 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: 6760 (Revision:) Printed on: 5/26/2021