HomeMy WebLinkAboutO-13876File Number: 6337
City of Miami
Legislation
Ordinance: 13876
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/21/2019
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 "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" OF THE
ACREAGE DESCRIBED HEREIN FOR THE PROPERTY LOCATED AT
APPROXIMATELY 1040 SOUTHWEST 29 COURT, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Miami -Dade County ("Applicant") owns the property located at
approximately 1040 Southwest 29 Court, Miami, Florida, as further described in Exhibit "A,"
attached and incorporated ("Property");
WHEREAS, the Property is approximately 5.68 acres and is designated "Medium
Density Multifamily Residential' on the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Applicant submitted a Comprehensive Plan amendment application to
change the FLUM designation of the Property to "High Density Multifamily Residential'
("Amendment"); and
WHEREAS, the Property is the current location of three (3) elderly affordable housing
buildings; and
WHEREAS, two (2) affordable housing buildings of approximately 182 units, known as
Smathers Phase I, were built in 1978 and are currently undergoing rehabilitation; and
WHEREAS, the third affordable housing building of approximately 133 units was
completed in 2016 and is known as Smathers Phase II; and
WHEREAS, the Amendment would allow the redevelopment of portions of the Property
to increase the availability of affordable housing for the elderly, meeting the intent of Future
Land Use Objective LU -4.2, Housing Goal HO -1, and Housing Policy HO -1.1.10(1) of the
MCNP; and
WHEREAS, with the Amendment, the Residential Density permitted on site would
increase, as "Medium Density Multifamily Residential' allows up to 65 dwelling units per acre
and "High Density Multifamily Residential' allows up to 150 dwelling units per acre; and
City of Miami Page 1 of 3 File ID: 6337 (Revision: A) Printed On: 12/19/2019
File ID: 6337
Enactment Number: 13876
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on July 31, 2019,
following an advertised public hearing, adopted Resolution No. PZAB-R-19-031 by a vote of
eight to zero (8-0), Item No. PZAB.5, recommending approval of the Amendment; and
WHEREAS, the Miami City Commission has considered the goals, objectives, and
policies of the MCNP, Ordinance No. 13114, as amended, the Zoning Ordinance of the City of
Miami, Florida ("Miami 21 Code"), and all other City of Miami ("City") regulations; and
WHEREAS, the Miami City Commission has considered the need and justification for the
Amendment, including changing and changed conditions that make the passage of the
Amendment necessary; and
WHEREAS, the Miami 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
Amendment to the FLUM of the MCNP 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 if fully set forth in this Section.
Section 2. The Miami City Commission approves the Amendment to Ordinance No.
10544, as amended, the FLUM of the MCNP, pursuant to small-scale amendment procedures
subject to Section 163.3187, Florida Statutes, to change the Future Land Use designation of
5.68± acres of real property at 1040 Southwest 29 Court, Miami, Florida, as described in Exhibit
"A," attached and incorporated, from "Medium Density Multifamily Residential" to "High Density
Multifamily Residential."
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 120 acres in a calendar year;
(c) The 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;
City of Miami Page 2 of 3 File ID: 6337 (Revision: A) Printed on: 12/19/2019
File ID: 6337 Enactment Number: 13876
(e) Density will be "High Density Multifamily Residential," 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 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
i ria i ' nd" ez, pity Attortey 9/1212019
' 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: 6337 (Revision: A) Printed on: 12/19/2019