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Home My WebLink AboutO-13836City of Miami op Legislation alldl 11 li.RR cl + try Ordinance: 13836 File Number: 5525 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/25/2019 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 "INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE 8.25 ± ACRES OF REAL PROPERTIES LOCATED AT 2140 NORTHWEST 12 AVENUE, 1243 NORTHWEST 21 STREET, AND 1215 NORTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at approximately 2140 Northwest 12 Avenue, Miami, Florida with alternate addresses of 1243 Northwest 21 Street and 1215 Northwest 21 Street, Miami, Florida under Folio No. 01-3126-066-0010, as more particularly described in Exhibit "A," attached and incorporated ("Property"), has a current future land use designation of "Industrial;" and WHEREAS, Miami Produce Center, LLC ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation of the Property to "General Commercial;" and WHEREAS, the Property is 8.25 ± acres in size; and WHEREAS, the proposed land use change would restrict most industrial uses but open up more liberal commercial uses and provide for Residential Density on the Property; and WHEREAS, the Property is within a quarter -mile of the Health District and the proposed land use change will provide new opportunities for Residential Density near jobs and transit; and WHEREAS, the Property is located in a Qualified Census Tract by the United States Housing and Urban Development Department, meaning that the area has very high rates of poverty; and WHEREAS, redevelopment of the Property presents opportunities for redevelopment for many of the City of Miami's ("City") most needy residents; and WHEREAS, the economic study provided by the Applicant does not account for jobs that will be lost due to the redevelopment of the Property; and City of Miami Page 1 of 3 File ID: 5525 (Revision:) Printed On: 5/9/2019 File ID: 5525 Enactment Number: 13836 WHEREAS, the economic study identified that seventy-five percent (75%) of jobs to fill the retail and restaurant space will not be full-time jobs and will be jobs that typically pay below the City's Median Household Income; and WHEREAS, the Applicant has proposed innovative approaches to leverage the Property's proximity to transit and has proposed creative Transportation Control Measures such as subsidized transit passes for employees, carpool incentives, and enhanced sidewalks; and WHEREAS, the Applicant proposes to create the City's first co -housing project as a Workforce Housing solution to the City's housing crisis; and WHEREAS, the proposed co -housing proposal includes units wherein each room is assigned a Density of 0.25 per room but a Workforce Housing credit of 1.0 per room; and WHEREAS, the concepts proposed by the Concept Book of the related Special Area Plan are generally supported by the Health District Bicycle and Pedestrian Mobility Plan published by the Miami -Dade County Metropolitan Planning Organization, now known as the Miami -Dade County Transportation Planning Organization; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on February 6, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19- 005 by a vote of eight to two (8-2), Item No. PZAB. 3, recommending approval of the Land Use Designation Change as stated herein; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and all other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed land use change, including changing and changed conditions that make the passage of the proposed land use change necessary; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants to approve this Comprehensive Plan Amendment to the Future Land Use Map ("FLUM") as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. 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 8.25 ± acres of the Property from "Industrial" to "General Commercial", 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: City of Miami Page 2 of 3 File ID: 5525 (Revision:) Printed on: 5/9/2019 File ID: 5525 Enactment Number: 13836 (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 land use change does not involve a text change to goals, policies, or objectives of the City's MCNP but proposes a land use change to the FLUM 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 "General Commercial", 150 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. 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 6. 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: 1 "na dez, City Attor iey 3/14/2019 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: 5525 (Revision:) Printed on: 5/9/2019