HomeMy WebLinkAboutOrdinanceCity of Miami
q Legislation
Ordinance:
File Number: 4233
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/25/2018
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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY
MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTIES LOCATED AT 3710 NORTHWEST 13 AVENUE AND 1329
NORTHWEST 37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 3710 Northwest 13 Avenue and 1329 Northwest
37 Street, Miami, Florida ("Properties") have a current Future Land Use designation of "Duplex
Residential'; and
WHEREAS, STW Real Estate, LLC and Soto Holdings and Investments, Inc.
("Applicants") submitted a Comprehensive Plan Amendment ("Amendment") application to
change the Future Land Use designation of the Properties from "Duplex Residential' to "Low
Density Multifamily Residential'; and
WHEREAS, the Applicants have submitted a companion rezoning application seeking to
change the Transect Zone from 73-0," Sub -Urban Transect — Open, to 74-R," General Urban
Transect — Restricted; and
WHEREAS, the Properties are 0.55 ± acres in size collectively and are located north of
the Northwest 36 Street commercial area and Transit Corridor of Allapattah; and
WHEREAS, the proposed Amendment would increase the allowed Density from
eighteen (18) Dwelling Units per acre to thirty-six (36) Dwelling Units per acre and would allow a
change of the Transect Zone to a Transect that allows greater building height; and
WHEREAS, the Amendment would create a pattern of residential density that is
incongruent with the surrounding properties; and
WHEREAS, the Properties are located within a quarter (1/4) mile of the Allapattah
Metrorail Station, which is well within the standard half -mile radius for a Transit Oriented
Development ("TOD"); and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") encourages high
Density development and redevelopment to locate within close proximity to the Metrorail and
Metromover; and
City of Miami Page 1 of 3 File ID: 4233 (Revision:) Printed On: 1/18/2019
File ID: 4233
Enactment Number:
WHEREAS, the Amendment would not result in a Level -of -Service that falls below the
adopted minimum standards in the MCNP; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June 6,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-024 by a vote
of eight to zero (8-0), Item No. PZAB.1, recommending approval of the Amendment; 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 City Commission has considered the need and justification for the
proposed change, including changing and changed conditions; 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
recommend approval of this Amendment to the Future Land Use Map ("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 Resolution are
adopted by reference and incorporated as if 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 Section 163.3187, Florida Statutes, is amended
by changing the Future Land Use designation of 0.55 ± acres of real property at 3710 Northwest
13 Avenue and 1329 Northwest 37 Street, Miami, Florida from "Duplex Residential" to "Low
Density Multifamily Residential," as more particularly described in "Exhibit A," attached and
incorporated.
Section 3. It is found that this Comprehensive Plan designation change involves a use
of ten (10) 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
Section 380.0552, Florida Statutes or by the Administration Commission pursuant to
Section 380.05(1), Florida Statutes;
City of Miami Page 2 of 3 File ID: 4233 (Revision:) Printed on: 1/18/2019
File ID: 4233
Enactment Number:
(e) Density will be "Low Density Multifamily Residential," thirty-six (36) dwelling units per
acre, pursuant to the MCNP, as amended, and Intensity will be as established in
Article 4 of the Miami 21 Code;
(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. 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 reviewing agencies pursuant to Section 163.3184, Florida Statutes, and any other
person or entity requesting a copy.
Section 5. 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 6. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndez, City Attor ey 7/16/2018
' 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: 4233 (Revision:) Printed on: 1/18/2019