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Home My WebLink AboutO-13868File Number: 6112 City of Miami Legislation Ordinance: 13868 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, 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 "SINGLE FAMILY RESIDENTIAL" TO "LOW DENSITY MULTIFAMILY RESIDENTIAL" OF THE 4.9± ACRES OF REAL PROPERTY LOCATED AT 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675, AND 1701 NORTHWEST SOUTH RIVER DRIVE, 1001, 1007, 1111, AND 1015 NORTHWEST 17 COURT, AND A PORTION OF 1389 NORTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 13753 adopted on March 22, 2018, the Miami City Commission amended the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), as requested by a private applicant, for the properties located at 1515, 1529, and 1543 Northwest South River Drive, changing the Future Land Use designation from "Single Family Residential" to "Low Density Multifamily Residential"; and WHEREAS, pursuant to Ordinance No. 13754 also adopted on March 22, 2018, the Miami City Commission changed the Zoning Transect of the same properties from 73-1-," Sub - Urban Transect - Limited, to 74-R," General Urban Transect - Restricted; and WHEREAS, several neighboring property owners expressed a desire to have a uniform Future Land Use designation and Zoning Transect in the immediate area; and WHEREAS, the Miami City Commission then directed the City of Miami's ("City") Administration to pursue an amendment to the FLUM of the MCNP and the Zoning Atlas for the remaining properties in the immediate area; and WHEREAS, the City's Planning staff conducted outreach within the affected area and found that an overwhelming majority of immediately affected property owners supported a uniform land development pattern, with most supporting an amendment to "Low Density Multifamily Residential" and a Zoning Transect change to 74-R," General Urban Transect - Restricted; and WHEREAS, the properties located at 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675, and 1701 Northwest South River Drive, 1001, 1007, 1111, and 1015 Northwest 17 Court, and a portion of 1389 Northwest 7 Street, Miami, Florida, as more particularly described in Exhibit 'A" attached and incorporated ("Properties"), have a current Future Land Use designation of "Single Family Residential"; and City of Miami Page 1 of 3 File ID: 6112 (Revision:) Printed On: 11/19/2019 File ID: 6112 Enactment Number: 13868 WHEREAS, the City Manager, Emilio T. Gonzalez, on behalf of the City submitted a Comprehensive Plan Amendment application to change the Future Land Use designation to "Low Density Multifamily Residential"; and WHEREAS, the Properties are 4.9± acres in size, located along the Miami River between the Grove Park and North Sewell Park neighborhoods; and WHEREAS, the amendment would create a unified land development pattern for the Properties along Northwest South River Drive; and WHEREAS, the amendment would increase the allowed residential density from nine (9) dwelling units per acre to thirty-six (36) dwelling units per acre; and WHEREAS, the Properties are located in the Special Flood Hazard Area as determined by the Federal Emergency Management Agency; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on June 5, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-023 by a vote of five to two (5-2), Item No. PZABA, recommending approval of the small-scale Land Use designation 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 advisable and in the best interest of the general welfare of the City and its inhabitants to amend the FLUM of the MCNP 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 amends Ordinance No. 10544, as amended, the FLUM of the MCNP pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use designation of 4.9± acres of real property located at 1459, 1465, 1491, 1501, 1603, 1611, 1631, 1645, 1665, 1675, 1701 Northwest South River Drive, 1001, 1007, 1111, and 1015 Northwest 17 Court, and a portion of 1389 Northwest 7 Street, Miami, Florida from "Single Family 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 amendment change involves a use of ten (10) acres or fewer and: (a) Is necessary due to changed or changing conditions; City of Miami Page 2 of 3 File ID: 6112 (Revision:) Printed on: 11/19/2019 File ID: 6112 Enactment Number: 13868 (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 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 "Low Density Multifamily Residential," which is thirty-six (36) 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: i'I ria i "nd" ez, Ciky Httor.iey J� 7/9/2019 ' 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: 6112 (Revision:) Printed on: 11/19/2019