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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 - City of Miami Page 2 of 3 File ID: 6340 (Revision:) Printed on: 12/19/2019 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