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Home My WebLink AboutO-14170City of Miami op if Ordinance 14170 1111 II li.RR I + Legislation File Number: 13525 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 5/11/2023 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 FROM "SINGLE FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3475, 3479 AND 3481 HIBISCUS STREET, 3475, 3447, 3435 AND 3401 WILLIAM AVENUE AND FROM "SINGLE FAMILY RESIDENTIAL/ MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 3452, 3440, 3430 AND 3460 THOMAS AVENUE AND 3456 ELIZABETH STREET, MIAMI, FLORIDA, (COLLECTIVELY, "PROPERTY'), AS MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the Applicant") has submitted a request to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from "Single Family Residential" to "Medium Density Restricted Commercial' for the property generally located at 3475, 3479 and 3481 Hibiscus Street, and 3475, 3447, 3435 and 3401 William Avenue and from "Single Family Residential/ Medium Density Restricted Commercial' to "Medium Density Restricted Commercial" for the property generally located at 3452, 3440, 3430 and 3460 Thomas Avenue and 3456 Elizabeth Street, a portion of which would be amended from "Single Family Residential' to Medium Density Restricted Commercial', (collectively, "the Property") pursuant to Directive 22-036 from the October 13, 2022 City Commission meeting; and WHEREAS, the twelve (12) parcels total approximately 82,510 square feet (1.89 acres) of land, of which five (5) parcels have bifurcated land use designations making the amendment of the for approximately 71,966.02 square feet (1.652 acres) of land; and WHEREAS, the Property is located in the Village West Island and Charles Avenue Neighborhood Conservation District ("NCD-2"); and WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and City of Miami Page 1 of 3 File ID: 13525 (Revision:) Printed On: 5/22/2023 File ID: 13525 Enactment Number: 14170 WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No. 12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No. 11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District"; and WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651 amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood Conservation Overlay District"; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the current Zoning Ordinance, as amended ("Miami 21 Code"); and WHEREAS, on April 23, 2020, the Miami City Commission, per Resolution No. R-20- 0131, found that the West Grove has been plagued by economic blight; and WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of Miami ("City"), working with a consultant, completed a report to identify future housing opportunities within the West Grove community, titled "West Grove Affordable Housing Blueprint"; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to improve affordable housing within the Little Bahamas area of the City; and WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood Conservation District 2 regulations, titled "Village West Island District and Charles Avenue" ("NCD-2"); and WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove that are historically significant; to promote gateways, gathering places, and activities corresponding to its culture and heritage; to compliment the character of the entire community and promote the history of the Island District; and to promote its successful revitalization and restoration; and WHEREAS, the Property is located within the West Grove neighborhood where there are a variety of zoning designations, commercial uses, and single family and duplex housing types; and WHEREAS, changes to the FLUM could alleviate the conditions of blight while supporting the intentions of maintaining the distinct character and heritage of the Village West Island District; and WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission directed the City Manager and the City Attorney to take any and all actions to initiate future land use map amendments, rezonings, and waivers, pursuant to the Miami 21 Code, for the acreage of real property at 3475, 3479 and Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue, and 3452 3440, 3430 and 3460 Thomas Avenue and 3456 Elizabeth Street, Miami, Florida; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 1, 2023, following an advertised public hearing, adopted Resolution No.PZAB-R-23-024, by a City of Miami Page 2 of 3 File ID: 13525 (Revision:) Printed on: 512212023 File ID: 13525 Enactment Number: 14170 vote of nine to zero (9-0), Item No. PZAB.6, recommending denial of the Land Use Designation Change; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the 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 recommend approval of this amendment to the FLUM of the MCNP 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 FLUM of the MCNP, Ordinance 10544, as amended, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation of a total of approximately 1.652 ± acres from Single Family Residential' to "Medium Density Restricted Commercial' for the property generally located at 3475, 3479 and 3481 Hibiscus Street, 3475, 3447, 3435 and 3401 William Avenue and from "Single Family Residential/ Medium Density Restricted Commercial' to "Medium Density Restricted Commercial" for the property generally located at 3452, 3440, 3430 and 3460 Thomas Avenue and 3456 Elizabeth Street, wherein a portion is being amended from "Single Family Residential" to Medium Density Restricted Commercial', ("the Property") as described in Composite Exhibit "A", attached and incorporated. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. 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: i t6ria i ndez, Ci[y Hktor ey 5/15/2023 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: 13525 (Revision:) Printed on: 512212023