HomeMy WebLinkAboutO-13879File Number: 6340
City of Miami
Legislation
Ordinance: 13879
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 "LIGHT INDUSTRIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT APPROXIMATELY 3640 BIRD AVENUE, 3601 BIRD
ROAD, AND 3555 SOUTHWEST 29 TERRACE; AND BY CHANGING THE
FUTURE LAND USE DESIGNATION FROM "LOW DENSITY RESTRICTED
COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY AT 2990 SOUTHWEST 36
COURT, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 3640 Bird Avenue, 3601 Bird Road, and 3555
Southwest 29 Terrace Miami, Florida ("Property 1") has a current future land use designation of
"Light Industrial" in the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP"); and
WHEREAS, the property located at 2990 Southwest 36 Court Miami, Florida ("Property
2") has a current future land use designation of "Low Density Restricted Commercial" in the
FLUM of the MCNP; and
WHEREAS, Property 1 and Property 2 are more particularly described in Exhibit "A,"
attached and incorporated (collectively, "Properties"); and
WHEREAS, Deel Realty, LLC ("Applicant") submitted a Comprehensive Plan
Amendment application to change the future land use designation of the Properties to "General
Commercial and
WHEREAS, the site of the Properties is approximately 1.47 acres in size; and
WHEREAS, the City of Miami ("City") seeks to incentivize Density and mixed-use
development near Transit -Oriented Development ("TOD"); and
WHEREAS, based on an examination of the existing land uses and observation by site
visit, the residential areas near the Properties are primarily Duplex developments; and
WHEREAS, based on the United States Census Bureau's American Community Survey,
over seventy percent (70%) of residents within the Census Block Group in which the Properties
City of Miami Page 1 of 3 File ID: 6340 (Revision:) Printed On: 12/19/2019
File ID: 6340
Enactment Number: 13879
are located are Rental Cost Burdened and over forty percent (40%) of residents in the Census
Block Group live below the Poverty Line; and
WHEREAS, analysis of City Levels of Service ("LOS") has shown that the proposed
change to the FLUM could result in a potential increase of population by 121 residents; and
WHEREAS, analysis of LOS has shown that all levels of service appear able to be met,
with the exception of Transportation where the current LOS for Bird Road is already an "F"; and
WHEREAS, the City's Office of Capital Improvements recommends the Applicant
provide more information on how transportation impacts could be mitigated at the time of
redevelopment; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Plan; 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 Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July
31, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-037 by a
vote of eight to zero (8-0), Item No. PZAB.7, recommending approval of the small-scale Land
Use Designation Change; 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
approve this amendment to the FLUM of the MCNP for the Properties 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 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 approximately 1.47 acres of
real property described in Exhibit "A", attached and incorporated, by specifically changing
Property 1 from "Light Industrial" to "General Commercial" and changing Property 2 from "Low
Density Restricted Commercial" to "General Commercial" as described herein.
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 MCNP but proposes a land use change to the FLUM for a site -
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File ID: 6340 Enactment Number: 13879
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. 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. 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 ria i nd` ez, ('.4 Attor t
ey ____) 9/12/2019
' 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: 6340 (Revision:) Printed on: 12/19/2019