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Home My WebLink About12-11-14 Legislation (v2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-012011u Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS PURSUANT TO CHAPTER 163.3184(3), FLORIDA STATUTES BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES APPROXIMATELY LOCATED 1) BETWEEN SOUTH RIVER DRIVE, INTERSTATE 95 AND SOUTHEAST 4TH AVENUE TO THE SOUTH OF MIDBLOCK OF SOUTHWEST 6TH STREET AND THE NORTH OF MIDBLOCK OF SOUTHWEST 2ND STREET, THE SOUTH RIVER DRIVE HISTORIC DISTRICT AND THE HISTORIC J.W. WARNER HOUSE, EXCLUDING 129 SOUTHWEST 4TH AVENUE, 135 SOUTHWEST SOUTH RIVER DRIVE, RIVERSIDE PARK, ADA MERRITT K-8 LEARNING CENTER AND 601 SOUTHWEST 8TH AVENUE, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 2) AT THE EASTERN PORTION OF THE PROPERTY LOCATED AT 660 SOUTHWEST 3RD STREET (ADA MERRITT K-8 LEARNING CENTER), FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL," TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES"; 3) AT 660 SOUTHWEST 4TH STREET (HOPE CENTER INC.), FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES," TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; 4) AT 126 SOUTHWEST 8TH AVENUE FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; 5) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 2ND STREET AND SOUTHWEST 3RD STREET EXCLUDING 126 SOUTHWEST 8TH AVENUE, AND FROM SOUTHWEST 4TH STREET TO SOUTHWEST 6TH STREET EXCLUDING 402 SOUTHWEST 8TH AVENUE, 430 SOUTHWEST 8TH AVENUE, 438 SOUTHWEST 8TH AVENUE, AND 601 SOUTHWEST 8TH AVENUE FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL"; AND 6) AT SOUTHWEST 8TH AVENUE BETWEEN SOUTHWEST 6TH STREET AND SOUTHWEST 7TH STREET AND THE NORTHERN PORTION OF 775 SOUTHWEST 8TH STREET (EXCLUDING 827 SOUTHWEST 8TH STREET AND 620 SOUTHWEST 8TH AVENUE), MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTI -FAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" AS DEPICTED IN EXHIBIT "A"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 3, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item PZAB.4, recommending * of the amendments to the MCNP as set forth; and WHEREAS, on *, 2015, the City Commission held a duly noticed public hearing, at which City of Miami Page 1 of 3 File Id: 14-012011a (Version: 2) Printed On: 11/26/2014 File Number: 14-012011u time it voted to transmit the Future Land Use Plan Map amendments for review by state, regional and local agencies as required by law; 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 and its inhabitants to amend the MCNP as hereinafter set forth; and 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 large scale amendment procedures subject to s. 163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation of the following areas: Area A -A 59.31± acres of real properties approximately located between South River Drive, Interstate 95 and Southwest 8th Avenue to the south of midblock of Southwest 6th Street and the north of midblock of Southwest 2nd Street, the South River Drive Historic District and the Historic J.W. Warner House, excluding 129 Southwest 4th Avenue,135 Southwest South River Drive, Riverside Park, ADA Merritt K-8 Learning Center and 601 Southwest 8th Avenue, from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and Area A-2. 1.74 ± acres of real properties approximately located at the eastern portion of the property located at 660 Southwest 3rd Street (ADA Merritt K-8 Learning Center), Miami, Florida, from "Medium Density Multi -Family Residential," to "Major Institutional, Public Facilities, Transportation and Utilities"; and Area A-3. 1.73 ± acres of real properties approximately located at 660 Southwest 4th Street (Hope Center Inc.), Miami, Florida, from "Major Institutional, Public Facilities, Transportation and Utilities," to "Medium Density Restricted Commercial"; and Area C. 21 ± acres of real property approximately located at 126 Southwest 8th Avenue from "Medium Density Multifamily Residential" to "Restricted Commercial"; and Area A-4. 1.16 ± acres of real properties approximately between Southwest 8th Avenue between Southwest 6th Street and Southwest 7th Street and the northern portion of 775 Southwest 8th Street (excluding 827 Southwest 8th Street and 620 Southwest 8th Avenue) from "Medium Density Multifamily Residential" to "Restricted Commercial"; and Area A-5 and A-6. 1.16 ± acres of real properties approximately located along Southwest 8th Avenue between Southwest 2nd Street and Southwest 3rd Street excluding 126 Southwest 8th Avenue, and from Southwest 4th Street to Southwest 6th Street excluding 402 Southwest 8th Avenue, 430 Southwest 8th Avenue, 438 Southwest 8th Avenue and 601 Southwest 8th Avenue, from "Low Density Restricted Commercial" to "Medium Density Restricted Commercial". 3. It is found that this Miami Comprehensive Plan designation change: iecessary due to changed or changing conditions; and City of Miami Page 2 of 3 File Id: 14-012011a (Version: 2) Printed On: 11/26/2014 File Number: 14-012011u lows an Expedited State Review Process pursuant to s. 163.3184(3), Florida Statutes; and (c) Densities will be equivalent to "Medium Density Restricted Commercial", or 65 dwelling units per acre, Major Institutional, Public Facilities, Transportation and Utilities" , or 150 dwelling units per acre or the least intense abutting/adjacent residential zoning district, and "Restricted Commercial", or 150 dwelling units per acre, as per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established in Article 4, of the City of Miami Zoning Ordinance 13114, as amended, and (d) 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, s. 163.3187, Florida Statutes. Section 5. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a copy of this Ordinance after its approval on first reading to the reviewing agencies pursuant to s. 163.3184, Florida Statute; and any other person or entity requesting a copy. Section 6. The City shall hold its second public hearing for adoption of this Ordinance within 180 days after receipt of agency comments pursuant to s. 163.3184(3)(c)1, Florida Statutes. Section 7. Within 10 days after adoption on second reading the City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance to the appropriate agencies pursuant to s. 163.3184 Florida Statutes. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 9. This Ordinance shall become effective thirty-one (31) days after second reading and adoption, and the state land planning agency notifies the City that the plan amendment package is complete thereof pursuant and subject to s. 163.3184 Florida Statutes. {1 } APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY Footnotes: s{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 City Commission or upon the effective date stated herein, whichever is later. Cit1' of Miami Page 3 of 3 File Id: 14-012011a (Version: 2) Printed On: 11/26/2014