Loading...
HomeMy WebLinkAboutITEM #4-PAB 04.16.08-revLEGISTAR FILE ID: 08-001661u APPLICANT REQUEST/LOCATION COMMISSION DISTRICT LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET April 16, 2008 Item #4 N. Patrick Range, II on behalf of GV Bimini, LLC and GV Freeport, LLC as contract purchasers, GI 3428 Hibiscus LLC, CG 3540 Florida, LLC, CG 3559-67 Thomas, LLC, Bimini Dev. Of Village West Corp., West Grove Dev. Crop. CG 3522 Grand, LLC, Bayshore Towers Dev. Corp., Hubert C. Stephens, Andros Development Corporation, George A. and Dazelle Simpson and Stirrup Properties, Inc. Donald Smith, Helen Fisher Roberts, CG 3576 Fla LLC, Patrick J. Leonard and 3545 Grand Ave. Corp., as owners. Consideration of amending the Miami Comprehensive Neighborhood Plan 2 - Commissioner Marc Sarnoff Complete legal description on file with the Hearing Boards Consideration 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 3.64± acres of real properties located at approximately 3410-3420, 3428 Hibiscus Street; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue; 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 Thomas Avenue; and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue, Miami, Florida, from "Single -Family Residential", "Duplex Residential" and "Office" to "Restricted Commercial". DENIAL See supporting documentation VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date Printed: 4/15/2008 Page 1 ANALYSIS FOR LAND USE CHANGE REQUEST Approximately 3410-3420, 3428 Hibiscus Street, 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue, 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 Thomas Avenue and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue Application No. LU-08-02 File ID 08-001661u REQUEST The proposal is for a change to the Future Land Use Map of the Miami Comprehensive Neighborhood Plan from "Single -Family Residential", "Duplex Residential" and "Office" designations to "Restricted Commercial". (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 established future land use categories according to the Future Land Use Plan Map and the "Interpretation of the Future Land Use Plan Map." The following land uses are impacted in this application. Single Family Residential areas allow single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applica- ble land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities2 (6 clients or less, not including drug, alcohol or cor- rectional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are al- lowed only in contributing structures within historic sites or historic districts that have been des- ignated by the Historical and Environmental Preservation Board and are in suitable locations within single family 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). Duplex Residential areas allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applica- ble land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correc- tional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are al- lowed only in contributing structures within historic sites or historic districts that have been des- 2 A "Community based residential facility" provides room (with or without board), resident services, and twenty-four hour supervision. Such a facility functions as a single housekeeping unity. This category includes adult congregate living facilities, facilities for physically disabled and handicapped persons, for developmen- tally disabled persons, for non dangerous mentally ill persons and for dependent children, as licensed by the Florida Department of Health and Rehabilitative Services (FHRS), and juvenile and adult residential correctional facilities, including halfway houses, as licensed or approved by an authorized regulatory agency. 1 ignated by the Historical and Environmental Preservation Board and are in suitable locations within duplex 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). Office areas allow residential uses to a maximum density equivalent to "High Density Multifam- ily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels; general office use; clinics and laboratories; and limited commercial activities incidental to principal activities in designated areas. Supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may be allowed with the "Office" designation. Restricted Commercial areas allow residential uses (excepting rescue missions) to a maxi- mum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions; any activity included in the "Office" designation as well as commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy ac- cess by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and rec- reation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. DISCUSSION The subject application consists of properties comprising two blocks on either side of Grand Avenue with the exclusion of 2 lots (total of four lots) on the west side of each block fronting Grand Avenue The subject properties consist of approximately 3.64 acres.. The blocks are bounded by Hibiscus Street to the East, Plaza Street to the West, Florida Avenue to the North, and Thomas Avenue to the South. The site consists of a mix of land uses. A "Single Family Residential" land use fronts on to Florida Avenue and Duplex Residential fronts on to Thomas Street. On either side of Grand Avenue the properties are designated Office land use. Surrounding the subject site to the North, East, and West is "Single Family Residential" land use. Duplex Residential is located to the South and West. To the East is also Office, and to the West is Restricted Commercial. The subject site is in the South West Coconut Grove NET area and in Commissioner Mark Sarnoff's District. The request is as follows: From Single Family Residential to Restricted Commercial- 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue From Duplex Residential to Restricted Commercial- 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 Thomas Avenue, and 3428 Hibiscus Street From Office to Restricted Commercial- 3501,3535,3545,3547,3567,3520,3522, 3530, 3560 Grand Avenue, and 3410-3420 Hibiscus Street ANALYSIS The Planning Department recommends DENIAL of the application based on the following findings: • The lots immediately north of the subject lots along Florida Avenue are designated Single Family Residential. 2 • The character of Florida Avenue is low density residential, specifically single family residential. • The lots immediately South of the subject lots along Thomas Avenue are designated Duplex Residential. • The character of Thomas Avenue is low density residential. • The "Single Family Residential" land use category allows one dwelling unit each to a maximum density of 9 dwelling units per acre. Duplex Residential allows residential struc- tures of up to two dwelling units each to a maximum density of 18 dwelling units per acre. The requested "Restricted Commercial " designation allows to a maximum density equiva- lent to "High Density Multifamily Residential" or to 150 dwelling units per acre. The potential increase in residential density in these areas will be out of scale with the established neig hborhoods. • MCNP Goal LU-1 maintains a land use pattern that (1) protects and enhances the quality of life in the city's residential neighborhoods, and (5) promotes the efficient use of land and minimizes land use conflicts. • Policy LU-1.1.3 provides for protection of all areas of the city from the encroachment of incompatible land use and the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety. • MCNP Housing Policy HO-1.1.7, states the City will continue to control, through restrictions in the City's development regulations, large scale and/or intense commercial and industrial land development which may negatively impact any residential neighborhood. • MCNP Housing Policy HO-1.1.8 states that through land development regulations, the City will protect and enhance existing viable neighborhoods in those areas suitable for housing. • MCNP Objective HO-1.2: encourages conservation of the present stock of low and moder- ate -income housing within the city and reduction of the number of substandard units through rehabilitation... • MCNP 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. These findings support the position that the Future Land Use Map at this location should not be changed. 3 Proposal No 08-02 Date: 4/16/08 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Patrick Range, II on behalf of Donald Smith, Stirrup Properties Inc, Bayshore Tower Dev Corp. Patrick Leonard, 3540 Florida LLC, Helen Fisher Roberts, CG 3576 Fla LLC Address: 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue Boundary Streets: North: Florida Avenue East: Hibiscus Street Proposed Change: South: Grand Avenue West: Plaza Street From: Single -Family Residential Existing Designation, To: Restricted Commercial Residential Peak Hour Person- 0.81 acres @ 9 DU/acre 7 DU's Other 10 Peak Hour Person -Trip Genersq.ft. @ FAR 0 sq.ft. Proposed Designation, Maximum Land Use Intensity Residential Peak Hour Person- 0.81 acres @ 150 DU/acre 122 DU's Other 61 Peak Hour Person -Trip Genersq.ft. @ FAR 0 sq.ft. 0 Net Increment With Proposed Change: Population Dwelling Units 294 Peak Hour Person -Trips 114 51 Planning District County Wastewater Collection Zone SOUTHWEST COCONUT GROVE Drainage Subcatchment Basin 310 Solid Waste Collection Route S3 Transportation Corridor Name 45 GRAND AVENUE RECREATION AND OPEN SPACE Population Increment, Residents 294 Space Requirement, acres 0.38 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.42 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 294 Transmission Requirement, gpd 65,748 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 294 Transmission Requirement, gpd 54,301 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 294 Solid Waste Generation, tons/year 376 Excess Capacity Before Change 800 Excess Capacity After Change 424 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 NOTES TRAFFIC CIRCULATION Population Increment, Residents 294 Peak -Hour Person -Trip Generation 51 LOS Before Change B LOS After Change B Concurrency Checkoff OK 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known Areas designated as Restricted Commercial allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Areas designated as "Restricted Commercial" in the Urban Central Business District are exempt from this FAR limitation and are allowed unlimited FAR. CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with 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, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Proposal No 08-02 Date: 4/16/08 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Patrick Range II on behalf of GI 3428 Hibiscus LLC, Hubert C Stephens, 3559 Thomas LLC, George A & Dazelle Simpson, Stirrup Properties, Inc Address: 3511, 3521, 3547, 3551, 3559, 3575, 3587 Thomas Avenue, 3428 Hibiscus Avenue Boundary Streets: North: Grand Avenue East: Hibiscus Street Proposed Change: South: Thomas Avenue West: Plaza Street From: Duplex Residential Existing Designation, To: Restricted Commercial Residential Peak Hour Person- 1.03 acres @ 18 DU/acre 19 DU's Other 21 Peak Hour Person -Trip Genersq.ft. @ FAR 0 sq.ft. Proposed Designation, Maximum Land Use Intensity Residential Peak Hour Person- 1.03 acres @ 150 DU/acre 155 DU's Other 77 Peak Hour Person -Trip Genersq.ft. @ FAR 0 sq.ft. 0 Net Increment With Proposed Change: Population Dwelling Units 349 Peak Hour Person -Trips 136 57 Planning District County Wastewater Collection Zone SOUTHWEST COCONUT GROVE Drainage Subcatchment Basin 310 Solid Waste Collection Route S3 Transportation Corridor Name 45 GRAND AVENUE RECREATION AND OPEN SPACE Population Increment, Residents 349 Space Requirement, acres 0.45 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.35 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 349 Transmission Requirement, gpd 78,269 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 349 Transmission Requirement, gpd 64,642 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 349 Solid Waste Generation, tons/year 447 Excess Capacity Before Change 800 Excess Capacity After Change 353 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 NOTES TRAFFIC CIRCULATION Population Increment, Residents 349 Peak -Hour Person -Trip Generation 57 LOS Before Change B LOS After Change B Concurrency Checkoff OK 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known Areas designated as Restricted Commercial allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Areas designated as "Restricted Commercial" in the Urban Central Business District are exempt from this FAR limitation and are allowed unlimited FAR. CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with 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, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. Proposal No 08-02 Date: 4/16/08 CONCURRENCY MANAGEMENT ANALYSIS CITY OF MIAMI PLANNING DEPARTMENT IMPACT OF PROPOSED AMENDMENT TO LAND USE MAP WITHIN A TRANSPORTATION CORRIDOR AMENDMENT INFORMATION CONCURRENCY ANALYSIS Applicant: Patrick Range II on behalf of West Grove Dev Corp., Bayshore Towers Dev Corp. 3545 Grand Ave Corp, Bimini Dev of Vill West Corp, Southwest Invest. LLC, Andros Dev Corp Address: 3535, 3567, 3545, 3547, 3501, 3520, 3522, 3530, 3560 Grand Avenue & 3410-20 Hibiscus Street Boundary Streets: Properties are facing Grand Ave (both sides of the Street) North: Florida Avenue East: Hibiscus Street Proposed Change: South: Thomas Avenue West: Plaza Street From: Office Existing Designation, To: Restricted Commercial Residential Peak Hour Person- 1.66 acres © 150 DU/acre 249 DU's Other 125 Peak Hour Person -Trip Genersq.ft. © FAR 0 sq.ft. Proposed Designation, Maximum Land Use Intensity Residential Peak Hour Person- 1.66 acres @ 150 DU/acre 249 DU's Other 125 Peak Hour Person -Trip Genersq.ft. @ FAR 0 sq.ft. 0 Net Increment With Proposed Change: Population Dwelling Units 0 Peak Hour Person -Trips 0 0 Planning District County Wastewater Collection Zone SOUTHWEST COCONUT GROVE Drainage Subcatchment Basin 310 Solid Waste Collection Route S3 Transportation Corridor Name 45 GRAND AVENUE RECREATION AND OPEN SPACE Population Increment, Residents 0 Space Requirement, acres 0.00 Excess Capacity Before Change 182.80 Excess Capacity After Change 182.80 Concurrency Checkoff OK POTABLE WATER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change >2% above demand Excess Capacity After Change >2% above demand Concurrency Checkoff OK SANITARY SEWER TRANSMISSION Population Increment, Residents 0 Transmission Requirement, gpd 0 Excess Capacity Before Change See Note 1. Excess Capacity After Change See Note 1. Concurrency Checkoff WASA Permit Required STORM SEWER CAPACITY Exfiltration System Before Change On -site Exfiltration System After Change On -site Concurrency Checkoff OK SOLID WASTE COLLECTION Population Increment, Residents 0 Solid Waste Generation, tons/year 0 Excess Capacity Before Change 800 Excess Capacity After Change 800 Concurrency Checkoff OK RELEVANT MCNP GOALS, OBJECTIVES, AND POLICIES Land Use Policy 1.1.1 CIE Policy 1.2.3 NOTES TRAFFIC CIRCULATION Population Increment, Residents 0 Peak -Hour Person -Trip Generation 0 LOS Before Change B LOS After Change B Concurrency Checkoff OK 1. Permit for sanitary sewer connection must be issued by Metro -Dade Water and Sewer Authority Department (WASA). Excess capacity, if any, is currently not known Areas designated as Restricted Commercial allow a maximum floor area ratio (FAR) of 1.72 times the gross lot area of the subject property; such FAR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FAR of 3.0 times the gross lot area of the subject property. Areas designated as "Restricted Commercial" in the Urban Central Business District are exempt from this FAR limitation and are allowed unlimited FAR. CM_1_IN 03/13/90 ASSUMPTIONS AND COMMENTS Population increment is assumed to be all new residents. Peak -period trip generation is based on ITE Trip Generation, 5th Edition at 1.4 ppv average occupancy for private passenger vehicles. Transportation Corridor capacities and LOS are from Table PT-2(R1), Transportation Corridors report. Potable water and wastewater transmission capacities are in accordance with 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, new connections are to be installed at owner's expense. Recreation/Open Space acreage requirements are assumed with proposed change made. FUTURE LAND USE MAP RECREATION FROW AVE PLAZA ST OAK AVE FlMI S LY INGLF REBID ENT IAL FLORIDA AVE RESTRICTED COMMERCIAL + DUPLE1C-RESIDENTIAL THOMAS AVE WILLIAM AVE H to Q N HIBISCUS ST r""11,1 GRAND AVE H v 1-1 03 1-1 CHARLE5 VE a THOMAS AVE r rn H W Q N N - J W 0 150 300 600 Feet 111111111 ADDRESSES: 3410-20, 3428 Hibiscus Street, 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue, 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 Thomas Ave and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue. FROW AVE AA ZONING ATLAS MAP PR OAK AVE ri/;1co5y:� FLORIDA AVE %//, ire; /. THOMAS AVE WILLIAM AVE Man OPPre41" 0 150 300 GRANDjAVE • i- v Q N CHARLE5 VE 600 Feet 111111111 MAS AVE ADDRESSES: 3410-20, 3428 Hibiscus Street, 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue, 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 Thomas Ave and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue. 0 150 300 600 Feet 111111111 HIBISCUS ST Fes' ADDRESSES: 3410-20, 3428 Hibiscus Street, 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 Grand Avenue, 3509-11, 3521, 3547, 3551, 3559-67, 3575, 3587 Thomas Ave and 3500, 3506, 3508, 3540, 3548, 3576, 3582 Florida Avenue. City of Miami Legislation PAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-001661u Final Action Date: CONSIDERATION 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 3.64± ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3410-3420, 3428 HIBISCUS STREET; 3501, 3520, 3522, 3530, 3535, 3545, 3547, 3560, 3567 GRAND AVENUE; 3509-3511, 3521, 3547, 3551, 3559-3567, 3575, 3587 THOMAS AVENUE; AND 3500, 3506, 3508, 3540, 3548, 3576, 3582 FLORIDA AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL", "DUPLEX RESIDENTIAL" AND "OFFICE" TO "RESTRICTED COMMERCIAL"; 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 April 16, 2008, Item No. 4, following an advertised public hearing, adopted Resolution No. PAB - by a vote of - to - (-), recommending - of an amendment to Ordinance No. 10544, as amended. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: 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 "Single Family Residential" to "Restricted Commercial" for 0.92± acres of real property(ies) located at approximately 3500, 3506, 3508, 3540, 3548, 3576, and 3582 Florida Avenue, from "Duplex Residential" to "Restricted Commercial" for 1.03± acres of real property(ies) located at approximately 3509-3511, 3521, 3547, 3551, 3559-3567, 3575 and 3587 Thomas Avenue and 3428 Hibiscus Avenue, from "Office" to "Restricted Commercial" for 1.66± acres of real property(ies) located at approximately 3535, 3567, 3545, 3547, 3501, 3520, 3522, 3530 and 3560 Grand Avenue and 3410- 3420 Hibiscus Street, Miami, Florida. 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; City of Miami Page 1 of 3 Printed On: 4/15/2008 File Number: 08-001661u (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; (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) 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. (g) This amendment is consistent with any applicable local housing incentive strategies identified in §420.9076, Florida Statutes, and authorized by the City of Miami. 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} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY Footnotes: City of Miami Page 2 of 3 Printed On: 4/15/2008 File Number: 08-001661u {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 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 Printed On: 4/15/2008