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Home My WebLink AboutO-14254City of Miami Ordinance 14254 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14985 Final Action Date: 1/25/2024 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF THE REAL PROPERTY LOCATED AT 118 SOUTHWEST SOUTH RIVER DRIVE AND 437 AND 445 SOUTHWEST 2 STREET, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 118 Southwest South River Drive and 437 and 445 Southwest 2 Street, Miami, Florida (collectively the "Property") have a current future land use designation of "Medium Density Multifamily Residential"; and WHEREAS, River Inn SRD, LLC ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and WHEREAS, the site is 1.637 ± acres in size and is in east Little Havana, close to the Miami River; and WHEREAS, the Property, except for the parcel at 445 Southwest 2 Street, comprise the majority area of the South River Drive Historic District, designated in 1987 through Ordinance No. 10213; and WHEREAS, the South River Drive District Designation Report identified four (4) contributing and five (5) non-contributing structures on the Property; and WHEREAS, the Property has continuously contained some type of hotel or transient residential use since its development in 1908; and WHEREAS, Historic & Environmental Preservation Board ("HEPB") Resolution No. HEPB-R-15-101 (Legistar File ID 15-01327), with an Enactment date of November 3, 2015, approved an application for a Special Certificate of Appropriateness for Exceptions to non- contributing and contributing structures located at 118 Southwest South River Drive, 445 Southwest 2nd Street, and 437 Southwest 2nd Street, within the South River Drive Historic District; and City of Miami Page 1 of 3 File ID: 14985 (Revision:) Printed On: 2/22/2024 File ID: 14985 Enactment Number: 14254 WHEREAS, the Applicant was granted three (3) uses on the property: 1) to permit a Hotel Use, 2) to permit an accessory Food Service Establishment Use and, 3) to permit Outdoor Dining Area Use to non-contributing and contributing structures; and WHEREAS, the State of Florida's Division of Historical Resources listed 118 Southwest South River Drive, 445 Southwest 2nd Street, and 437 Southwest 2nd Street on the National Register of Historic Places, as the "South River Drive Historic District" on March 30, 1987; and WHEREAS, the amendment from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial" will not increase the allowed density, while it will allow for a variety of nonresidential uses; and WHEREAS, the Property is located within the Coastal High Hazard Area ("CHHA"), as designated by the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the MCNP encourages directing residential population away from the CHHA; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on November 1, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-115 by a vote of eight to zero (8-0), Item No. PZAB.5, upon a motion to recommend Approval of the land use change; 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 of Miami ("City") regulations; and WHEREAS, the Property is located along the Southwest 1 Street Transit Corridor and within the Government Center Transit Oriented Development ("TOD"); and WHEREAS, the MCNP encourages a mix of uses along Transit Corridors and within TODs in order to support walkability and multimodal transportation within the City; and WHEREAS, the 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, 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 recommend approval of this Comprehensive Plan Amendment to the Future Land Use Map as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is amended by changing the Future Land Use designation of 1.6 ± acres of real property at 118 Southwest South River Drive and 437 and 445 Southwest 2 Street, Miami, Florida from "Medium Density City of Miami Page 2 of 3 File ID: 14985 (Revision:) Printed on: 2/22/2024 File ID: 14985 Enactment Number: 14254 Multifamily Residential" to "Medium Density Restricted Commercial", as described in "Exhibit A," attached and incorporated. Section 3. It is found that this Future Land Use designation change involves a use of fifty (50) 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 City's comprehensive plan, but proposes a land use change to the future land use map 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 §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (e) Density will be "Medium Density Restricted Commercial", sixty-five (65) dwelling units per acre, pursuant to the MCNP, as amended, 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, §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 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 1 ey 11/29/2023 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: 14985 (Revision:) Printed on: 2/22/2024