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Home My WebLink AboutItem#4 1421 NW 61st St-PAB_9.16.09PLANNING FACT SHEET LEGISTAR FILE ID: 08-00680lu APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION September 16, 2009 Item #P.4 Pete G. Hernandez, City Manager, on behalf of the City of Miami Consideration of amending the Comprehensive Neighborhood Plan 5 - Commissioner Michelle Spence -Jones Miami Complete legal description on file with the Hearing Boards PETITION Consideration of amending Ordinance No. 10544 of the Miami Comprehensive Neighborhood Plan by amending the Future Land Use Map for the properties located at approximately 1421 NW 61 Street., Miami, Florida from "Parks and Recreation" to "Medium Density Multifamily Residential". PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION APPROVAL See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 D.......a..t..e......Pri........n....t..e....d: 9/.............3... /...2.... 009 ........................................................................................................................................................................................................................................Page 1................ 1" ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 1421 NW 61 STREET Application No. 09-10 File ID 08-00680lu REQUEST The proposal is for a change to the 2020 Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Parks" to "Medium Density Multifamily Residential". (A complete legal description is on file at the Hearing Boards Office). FUTURE LAND USE Miami Comprehensive Neighborhood Plan (MCNP) Policy LU -1.6.1 establishes future land use categories according to the 2020 Future Land Use Map and the "Interpretation of the Future Land Use Map." Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints may cover no more than 25% of the park land area. Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small conces- sion stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and ma- rina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is determined that conducting such commercial photography will not endanger significant environmental features within the area. [Added 3/23/99 by Ordinance 11782.] Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the main- tenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not in- cluding drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applica- ble state law; community-based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post- secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). DISCUSSION The subject area consists of one parcel comprising approximately 0.12 acres. The parcel fronts NW 61St Street and is located within the block bounded by NW 62nd Street to the north, NW 61 St Street to the south, NW 14th Avenue to the east and NW 15th Avenue to the west. The site is currently designated "Recreation". The subject site is in the Model City area. ANALYSIS The Planning Department is recommending APPROVAL of the application as presented based on the following findings: • A "Medium Density Multifamily Residential" designation for this property is consistent with the uses in the vicinity. Currently Medium Density Multifamily Residential uses are located to the West, East, and South of the property. "Recreation" is located to North. • A "Medium Density Multifamily Residential" designation for this property will allow for the south half of the block bounded by 61s' street to the south, by NW 14th Avenue to the east, by NW 15th Avenue to the west and NW 62nd Street to the north to be developed with a residential use. • A change in use to "Medium Density Multifamily Residential" will not disrupt the integrity of the existing park to the north of the subject property. • The proposed decreased in park designation area 0.12 acres is small. Sizable park space exists to the north of the subject property. • Land Use Goal LU -1 (5) promotes the efficient use of land and minimizes land use conflicts. A change to "Medium Density Multifamily Residential" is a logical extension of that category at this location consolidating the residential use enhancing its residential potential. • Land Use Policy 1.1.1 provides that new development or redevelopment that results in an increase in density or intensity of land use shall be contingent upon availability of public facilities and services that meet or exceed the minimum LOS standards adopted in the Capital Improvement Element. • Objective HO -1.1: Provides and/or encourages a local regulatory, investment, and neighborhood environment that will assist the private sector in increasing the stock of af- fordable housing for all income levels, including extremely low, very low-, low -and mod- erate- —income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010. 2 Policy HO -1.1.8: Through the land development regulations, the City will protect existing viable neighborhoods in those areas suitable for housing and, where appropriate, en- hance them in a manner compatible with their existing character. These findings support the position that the Future Land Use Map at this location should be changed. CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT Proposal No 08-00680lu IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP Date: 09/02/2009 WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant, City of Miami RECREATION AND OPEN SPACE Population Increment, Residents 20 Address: City Space Requirement, acres 0.03 Boundary Streets: North: NW 62 ST East: NW 14 AV Excess Capacity Before Change 182.80 South: NW 61 ST West: NW 15 AV Excess Capacity After Change 182.77 Proposed Change: From: Parks Concurrency Checkoff OK To: Medium Density Multifamily Residential Existing Designation, Maximum Land Use Intensity POTABLE WATER TRANSMISSION Residential 0.1200 acres @ 0 DU/acre 0 DU's Population Increment, Residents 20 Peak Hour Person -Trip Generation, Residential 0 Transmission Requirement, gpd 4,490 Other sq.ft. @ FAR 0 sq.ft. Excess Capacity Before Change >2% above demand Peak Hour Person -Trip Generation, Other Excess Capacity After Change >2% above demand Concurrency Checkoff OK Proposed Designation, Maximum Land Use Intensity Residential 0.1200 acres @ 65 DU/acre 8 DU's SANITARY SEWER TRANSMISSION Peak Hour Person -Trip Generation, Residential 6 Population Increment, Residents 20 Other sq.ft. @ FAR 0 sq.ft. Transmission Requirement, gpd 3,709 Peak Hour Person -Trip Generation, Other 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Net Increment With Proposed Change: Concurrency Checkoff WASA Permit Required Population 20 STORM SEWER CAPACITY Dwelling Units 8 Peak Hour Person -Trips 6 Exfiltration System Before Change On-site Exfiltration System After Change On-site Planning District MODEL CITY Concurrency Checkoff OK County Wastewater Collection Zone 322 Drainage Subcatchment Basin A4 SOLID WASTE COLLECTION Solid Waste Collection Route 8 Population Increment, Residents 20 Transportation Corridor Name NW 62 ST Solid Waste Generation, tons/year 26 Excess Capacity Before Change 800 RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Excess Capacity After Change 774 Concurrency Checkoff OK Land Use Policy 1.1.1 TRAFFIC CIRCULATION CIE Policy 1.2.3 Population Increment, Residents 20 Peak -Hour Person -Trip Generation 6 LOS Before Change B LOS After Change B Concurrency Checkoff OK NOTES ASSUMPTIONS AND COMMENTS 1. Permit for sanitary sewer connection must be issued by Population increment is assumed to be all new residents. Peak -period trip Metro -Dade Water and Sewer Authority Department (WASA). generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and Excess capacity, if any, is currently not known LOS are from Table PT -2(R1), Transportation Corridors report. Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow Potable water and wastewater transmission capacities are in accordance with residential structures to a maximum density of 65 dwelling units per acre subject to the detailed provisions of the Metro -Dade County stated capacities and are assumed correct. Service connections to water and sewer mains are assumed to be of adequate size, if not, applicable land development regulations and the maintenance of required levels of services for facilities and services new connections are to be installed at owner's expense. included in the City's adopted continency management requirements. Supportingsernces such ascommunity- Recreation/Open Space acreage requirements are assumed with proposed made. based residential facilities (14 clientsor less, not including drug, alcohd or corredional rehabilitation facilities)change (1550 clients) and daycare centers for children and adults maybe permissible in suitable locations. permissible uses within medium density multifamily areas also includecommemial activities that are intended toserve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessary uses, subject to the detailed provisions of applicable land development mgulatiom and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structures). CM 1 IN 03/13/90 Superintendent of Schools Alberto M. Carvalho August 17, 2009 Mr. Bill Anido, Assistant City Manager c/o Mr. Roberto Lavernia City of Miami 1421 NW 61 Street Miami, FL 33142 RE: PUBLIC SCHOOL PRELIMINARY CONCURRENCY ANALYSIS WAIVER OF PUBLIC HEARING APPLICATION CITY OF MIAMI — LAND USE Folio No. 01-3114-035-1860 Dear Applicant: Miami -Dade County School Board Dr. Solomon C. Stinson, Chair Dr. Marta Perez, vice Chair Agustin J. Barrera Renier Diaz de la Portilla Dr. Lawrence S. Feldman Perla Tabares Hantman Dr. Wilbert "Tee" Holloway Dr. Martin Karp Ana Rivas Logan Pursuant to State Statutes and the 2008 Amended and Restated Interlocal Agreement for Public School Facility Planning, the above -referenced application was reviewed for compliance with Public School Concurrency (PH0109081200149). Accordingly, attached please find the School District's Preliminary Concurrency Analysis (Analysis). As noted in the Preliminary Concurrency Analysis, the requested land use would yield a maximum residential density of 7 multifamily units, which generates 3 students; 1 elementary, 1 middle, and 1 senior high students. At this time, the schools serving the area have sufficient capacity available to service the application. However, a final determination of Public School Concurrency and capacity reservation will only be made at the time of approval of final plat, site plan or functional equivalent. AS SUCH, THIS ANALYSIS DOES NOT CONSTITUTE A PUBLIC SCHOOL CONCURRENCY APPROVAL. Should you have any questions, please feel free to,)contact me at 305-995-4501. . Director IMR:mo L-059 Attachment cc: Ms. Ana Rijo-Conde, AICP Mr. Fernando Albuerne Ms. Vivian G. Villaamil Local Government School Concurrency Master File Planning, Design and Sustainability Department Ana Rijo-Conde, AICP, Eco -Sustainability Officer • 1450 N.E. 2 Ave. • Suite 525 • Miami, FL 33132 305-995-7285 • (FAX) • 305-995-4760 - arijo@dadeschools.net Concurrency Management System (CMS) Miami Dade County Public Schools Miami -Dade County Public Schools Concurrency Management System Preliminary Concurrency Analysis MDCPS Application Number: PHO109081200149 Local Government (LG): Miami Date Application Received: 8/12/2009.4:06:33 PM LG Application Number: 08-00680lu Type of Application: Public Hear_i_ng Sub Type: Land Use Applicant's Name: City of Miami - Property_ located_ at 1421 NW 61 Str Address/Location: 444 SW 2nd Avenue, Miami, FI 33130 Master Folio Number: 0131140351860 Additional Folio Number(s): PROPOSED # OF UNITS 7 SINGLE-FAMILY DETACHED UNITS: 0 SINGLE-FAMILY ATTACHED UNITS: 0 MULTIFAMILY UNITS: 7 CONCURRENCY SERVICE AREA SCHOOLS CSA Facility Name Net Available Seats Seats LOS Source Id Capacity Required Taken Met Type 4171 ORCHARD VILLA ELEMENTARY 306 1 1 YES Current CSA 6031 BROWNSVILLE MIDDLE 570 1 1 YES Current CSA 7411 MIAMI NORTHWESTERN SENIOR 253 1 1 YES Current HIGH CSA ADJACENT SERVICE AREA SCHOOLS *An Impact reduction of 11.84% included for charter and magnet schools (Schools of Choice). MDCPS has conducted a preliminary public school concurrency review of this application; please see results above. A final determination of public school concurrency and capacity reservation will be made at the time of approval of plat, site plan or functional equivalent. THIS ANALYSIS DOES NOT CONSTITUTE PUBLIC SCHOOL CONCURRENCY APPROVAL. 1450 NE 2 Avenue, Room 525, Miami, Florida 33132 / 305-995-7634 / 305-995-4760 fax / concurrency@dadeschools.net WAIVER REQUEST FROM PUBLIC SCHOOL CONCURRENCY giving dents 8 world REVIEW FEES fhworld Waiver request fees will be granted upon meeting the following conditions: 1. Local government is the applicant 2. Local Government is the owner of the land associated with the application 3. Submit Waiver Request Form for each application 4. The exemption request must be pre -approved by the District via concurrencv o)dadeschools.net, prior to submitting application through the concurrency management system Application Information Local Government: City of Miami Application Name: City of Miami Address: 1421 NW 61 St Folio Number (s): 01-3114-035-1860 Land Owner of Record: City of Miami Type of Application:. Land Use Number of Residential Units: 7 D.U. Authorized Administrator a C-4 Signature: Date: �3 (Print your name and title) /3i A"., '-/p '4S f M-DCPS Use Only Explain: Authorized Unauthorized FJ M-DCPS Authorized Administrator Signature: (Print your name and title) Facilities Planning Ana Rijo-Conde, A/CP, Planning Officer • School Board Administration Building • 1450 N.E. 2nd Ave. • Suite 525• Miami, FL 33932 305-995-7285.305-995-4760 (FAX} • arijo@dadeschools.net Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * City of Miami Application Phone * 305-416-1400 Application Email * RLavemia@ci.miami.fl.us Application Address * 1421 NW 61 ST Contact Fields Information Contact Name * Roberto Lavemia Contact Phone * 305-416-1408 Contact Email * RLavernia@ci.miami.fl.us Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3114-035-1860 Additional Folio Number Total Acreage * .120 Proposed Land Use/Zoning * Medium Density Multifamily Residential Single -Family Detached Units * N/A Single -Family Attached Units (Duplex) * N/A Multi -Family Units * 7 Total # of Units * 7 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be Input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be tom down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application Owner(s)/Attorney/Applicant Name Owner(s)/Attomey/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 by who is a(n) individuaVpartner/agent/corporation of a(n) individunUpartnersliip/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature I�,Aaa4� �tcic 3pSf loal`IZd rkr%A t k-@ c,. rr*�am �,tn4 CityoMiami -•.,;;,w.. School Public SchoollConcurrenc Concurrency Management System Entered Requirements Applicant Fields Information Application Type Public Hearing Application Sub -Type Land Use Application Name * City of Miami Application Phone * 305-416-1400 Application Email * RLavemia@ci.miami.fl.us Application Address * 1421 NW 61 ST Contact Fields Information Contact Name * Roberto Lavemia Contact Phone * 305-416-1408 Contact Email * RLavernia@ci.miami.fl.us Local Govt. Name City of Miami Local Govt. Phone 305-416-1400 Local Govt. Email GDGay@ci.miami.fl.us Local Govt. App. Number (OFFICIAL USE ONLY) Property Fields Information Master Folio Number * 01-3114-035-1860 Additional Folio Number Total Acreage * .120 Proposed Land Use/Zoning * Medium Density Multifamily Residential Single -Family Detached Units * N/A Single -Family Attached Units (Duplex) * N/A Multi -Family Units * 7 Total # of Units * 7 Redevelopment Information (MUSPs) - Re -development applications are for those vacant sites for which a local government has provided vested rights; or for an already improved property which does not have to be re -platted as deemed by the local government. The number of units to be Input into the CMS is the net difference between the existing vested number of units and the newly proposed number of units. Example: an existing 20 -unit structure will be tom down for redevelopment. The newly proposed development calls for 40 total units. Local government shall input 20 units in the CMS (net difference between the 20 units vested less the newly proposed 4 units). Required Fields for Application Owner(s)/Attorney/Applicant Name Owner(s)/Attomey/Applicant Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing was acknowledged before me this day of 20 by who is a(n) individuaVpartner/agent/corporation of a(n) individunUpartnersliip/corporation. He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature I�,Aaa4� �tcic 3pSf loal`IZd rkr%A t k-@ c,. rr*�am �,tn4 FUTURE LAND USE MAP W 64TH ST B NW b3 L] W6 RD ST W 2ND TER E z N 62ND ST RECREATION RESTRICTED COMMERCIAL NW 61ST ST MEDIUM DENSITY MULTIFAMILY RESIDENTIAL Q Jim IH H Lo TF�i 000 000 000 NW 59TH ST -M 7 � I I I --F--F I I DUPLEX RESIDENTIAL R 0150 300 600 Feet L ' ' ' I ' ' ' I ADDRESS: 1421 NW 61 STREET 00"Z,0/0- r '1 - NW NW 63RD ST = i i �F z a a v sem, �d NW 62ND T jai "14!, � NW.61ST ST / � � � .. .: v �r • � , � �, �+ � _� a ,•_�c � � NW,60TH,ST-: 2 F- M 0150 300 600 Feet L ' ' ' I ' ' ' I ADDRESS: 1421 NW 61 STREET File Number: 08-00680lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61 STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, Item No. P.4, following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- recommending approval of an amendment to Ordinance No. 10544, as amended 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 Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Parks and Recreation to Medium Density Multifamily Residential for 0.12± acres of real property located at approximately 1421 NW 61 Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; City of _Miami Page I of 2 Printed On: 91312009 City of Miami _ P� r *.._>. ° ° - {fir Legislation f A I PAB Resolution File Number: 08-00680lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 LAND USE DESIGNATION OF REAL PROPERTY LOCATED AT APPROXIMATELY 1421 NORTHWEST 61 STREET, MIAMI, FLORIDA, FROM PARKS AND RECREATION TO MEDIUM DENSITY MULTIFAMILY RESIDENTIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting on September 16, 2009, Item No. P.4, following an advertised public hearing, adopted Resolution No. ---- by a vote of ---- to ---- recommending approval of an amendment to Ordinance No. 10544, as amended 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 Future Land Use Map of Ordinance No.10544, as amended, the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to § 163.3187, Florida Statutes, is hereby amended by changing the land use designation from Parks and Recreation to Medium Density Multifamily Residential for 0.12± acres of real property located at approximately 1421 NW 61 Street, Miami, Florida, more particularly described in Exhibit "A" attached hereto and made a part thereof. Section 3. It is found that this Comprehensive Plan designation change: (a) is necessary due to changed or changing conditions; (b) is one which involves property that has not been the specific subject of a Comprehensive Plan change within the prior twelve months; (c) is one which does not involve the same owner's property within 200 feet of property that has been granted a Comprehensive Plan change within the prior twelve months; (d) the proposed amendment does not involve a text change to goals, policies, and objectives of the local government's comprehensive plan, but proposes a land use change to the future land use map for a site-specific development; City of _Miami Page I of 2 Printed On: 91312009 File Number: 08-00680lu (e) is one which is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of § 420.0004(3), Florida Statutes, and is located within an area of critical state concern designated by § 380.0552, Florida Statutes or by the Administration Commission pursuant to § 380.05(1), Florida Statutes. Such amendment is not subject to the density limitations of sub -subparagraph f., and shall be reviewed by the state land planning agency for consistency with the principles for guiding development applicable to the area of critical state concern where the amendment is located and shall not become effective until a final order is issued under § 380.05(6), Florida Statutes; and (f) density will be Medium Density Multifamily Residential, 65 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, Section 4.01, R-3 Medium Density Multifamily Residential of the City of Miami Zoning Ordinance 11000, as amended. (g) 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. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 6. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to § 163.3187(3)(c), Florida Statutes. {1} Footnotes: {1 } This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective date stated herein, whichever is later. City of Miami page 2 of 2 Printed On: 9/3/2009 EXHIBIT A LEGAL DESCRIPTION LOT 29 BLK OF ORANGE HGTS SUBDIVISION (PB 14-62)