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HomeMy WebLinkAboutO-14072City of Miami Ordinance 14072 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 6531 Final Action Date: 6/9/2022 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2 AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami ("City") owns the properties located at approximately 444 and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A", attached and incorporated ("Property"); and WHEREAS, the Property is currently designated "Major Institutional, Public Facilities, Transportation and Utilities" on the Future Land Use Map ("FLUM") of Ordinance No. 10544, the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the City submitted a request to amend the FLUM designation of the Property to "Restricted Commercial"; and WHEREAS, the City submitted a companion application to change the zoning classification of the Property from "Cl," Civic Institution Transect Zone, to "T6-36b-O," Urban Core Transect Zone — Open; and WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15 acres (137,125 square feet); and WHEREAS, the City seeks to incentivize high density, mixed -use development in the Urban Central Business District ("UCBD") and in Residential Density Increase Areas ("RDIA") near the City's urban core; and WHEREAS, based on an examination of the existing land uses and observation by site visit, the adjacent properties are primarily designated "Restricted Commercial;" and WHEREAS, based on the United States Census Bureau's American Community Survey, over forty percent (40%) of residents within the Census Block Group in which the Property is located are Rental Cost Burdened and over forty-five percent (45%) of families in the Census Block Group live below the Poverty Line; and City of Miami Page 1 of 3 File ID: 6531 (Revision:) Printed On: 6/13/2025 File ID: 6531 Enactment Number: 14072 WHEREAS, analysis of the City's Levels of Service has shown that the proposed change to the FLUM would not result in an increase in population; and WHEREAS, analysis of the City's Levels of Service has shown that all levels of service appear able to be met, with the exception of School and Transportation Concurrency; and WHEREAS, the Miami -Dade County School Board determined that existing elementary school capacity is not sufficient for the requested changes and that mitigation may be required at time of redevelopment; and WHEREAS, the City's Office of Capital Improvements recommends the City provide more information on how transportation impacts could be mitigated at the time of redevelopment; and WHEREAS, the City's Planning Department recommends approval of the request to amend the FLUM for the Property as this change will establish a proper transition between FLUM designations; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 18, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R- 19-043 by a vote of six to one (6-1), Item No. PZAB.3, recommending approval of the amendment seeking to change the FLUM designation of the properties from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial"; 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 regulations; 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 and its inhabitants to approve the MCNP Amendment to the FLUM 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 fully set forth in this Section. Section 2. The FLUM of the MCNP, pursuant to small-scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended by changing the FLUM designation of 3.15 ± acres of the Property, as more particularly described in Exhibit "A", attached and incorporated, from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial". Section 3. It is found that this FLUM designation change in the MCNP involves a use of ten (10) acres or fewer and: City of Miami Page 2 of 3 File ID: 6531 (Revision:) Printed on: 6/13/2025 File ID: 6531 Enactment Number: 14072 (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 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, or objectives of the MCNP 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 Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Density will be "Restricted Commercial," 500 dwelling units per acre, pursuant to the MCNP 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, Section 163.3187, Florida Statutes. Section 4. 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 5. 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: ndez, City Attor ey ) 10/7/2019 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: 6531 (Revision:) Printed on: 6/13/2025