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Home My WebLink AboutO-13846City of Miami q Legislation Ordinance: 13846 File Number: 5228 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/27/2019 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 OF THE CITY OF MIAMI, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE PROPERTIES LOCATED AT APPROXIMATELY 1415 NORTHWEST 63 STREET AND 1200 NORTHWEST 62 LANE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A ; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE WHEREAS, the properties located at 1415 Northwest 63 Street and 1200 Northwest 62 Lane, Miami, Florida, as more particularly described in Exhibit "A," attached and incorporated ("Properties"), have a current future land use designation of "Medium Density Multifamily Residential' on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, Miami -Dade County ("Applicant") submitted a Comprehensive Plan Amendment application to change the future land use designation to "Restricted Commercial' for approximately 22.07 acres of the Properties, which contains a total of approximately 49.35 acres; and WHEREAS, the Properties are located in the Liberty Square public housing development in the Liberty City neighborhood and the Model City Neighborhood Enhancement Team ("NET") area; and WHEREAS, the Properties are the oldest segregated public housing development in the southeastern United States and have many persistent problems with existing buildings; and WHEREAS, in 2015, the Applicant, through a request for proposals, selected Related Urban to develop and implement a redevelopment plan for the entirety of the Properties; and WHEREAS, the Properties, before redevelopment, contained over seven hundred (700) dwelling units and the redevelopment plan seeks to demolish and construct a much greater number of units, providing housing to those residents currently living on the Properties and providing new housing options to future tenants; and WHEREAS, the future land use designation amendment would allow the redevelopment of portions of the Properties in such a way as to enliven the street environment, by allowing a mix of uses for the community and increasing the availability and types of affordable housing, meeting the intent of Housing Policy HO -1.2.3 of the MCNP; and City of Miami Page 1 of 3 File ID: 5228 (Revision: A) Printed On: 7/10/2019 File ID: 5228 Enactment Number: 13846 WHEREAS, the future land use designation amendment would increase the allowed residential density from sixty-five (65) dwelling units per acre to one hundred fifty (150) dwelling units per acre; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 19, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R- 18-064 by a vote of nine to zero (9-0), Item No. PZAB.4, recommending approval to amend the FLUM of the MCNP, pursuant to Expedited State Review procedures as stated herein; and WHEREAS, following the first hearing on January 24, 2019, City of Miami ("City") staff transmitted the proposed amendment to the required reviewing agencies pursuant to Section 163.3184(3), Florida Statutes; and WHEREAS, the reviewing agencies submitted no comments or objections requiring changes to the proposed 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 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 in the best interest of the general welfare of the City and its inhabitants to approve this Comprehensive Plan Amendment to the 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. The City Commission approves the amendment to Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to the Expedited State Review procedures in Section 163.3184(3), Florida Statutes, by changing the Future Land Use designation of 22.07 ± acres of the Properties from "Medium Density Multifamily Residential' to "Restricted Commercial', as more particularly described in Exhibit "A," attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184 (3), Florida Statutes; (c) 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: 5228 (Revision: A) Printed on: 7/10/2019 File ID: 5228 Enactment Number: 13846 (d) Will have the density allowed in "Restricted Commercial', one hundred fifty (150) dwelling units per acre, pursuant to the MCNP and intensity will be as established in Article 4 of the Miami 21 Code; and (e) Complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act. Section 4. The City Manager is directed to instruct the Director of the City Planning Department to promptly, within ten (10) working days after First Reading, transmit a copy of this proposed amendment to the reviewing agencies and any other local government or governmental agency that has filed a written request and consider all comments received for any necessary revisions for Second Reading pursuant to §163.3184, Florida Statutes. Section 5. The City Manager is further directed to instruct the Director of the Planning Department to promptly transmit, within (10) working days after Second Reading, a copy of the adopted amendment along with supporting data and analysis to the State Land Planning Agency and all agencies or local governments that provided timely comments after First Reading, if any. Section 6. 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 7. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.' APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i 'ndez, Gity Httor iey 12/31/2018 i 4riaindez, Gity Attor t ey 419/2019 ' 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: 5228 (Revision: A) Printed on: 711012019