HomeMy WebLinkAboutO-13922City of Miami
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Ordinance: 13922
File Number: 7576
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/24/2020
AN ORDINANCE TO 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 "RESTRICTED
COMMERCIAL" OF THE 2.805 ± ACRES OF REAL PROPERTY LOCATED AT
APPROXIMATELY 690 NORTHWEST 13 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property located at 690 Northwest 13 Street, Miami, Florida, as more
particularly described Exhibit "A", attached and incorporated ("Property"), has a current future
land use designation of "Light Industrial'; and
WHEREAS, KTLC Biscayne, LLC ("Applicant") applied to the City of Miami ("City") to
amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan
("MCNP") to change the future land use designation of the Property to "Restricted Commercial';
and
WHEREAS, the Property site is 2.805 ± acres in size; and
WHEREAS, the Applicant has entered into a Brownfield Site Rehabilitation Agreement to
rehabilitate contamination of the Property site for future redevelopment; and
WHEREAS, the Property is less than a half -mile distance from Culmer Metrorail Station;
and
WHEREAS, on July 1, 2020, the Planning, Zoning and Appeals Board (TZAB"), at a
duly noticed public hearing, considered PZAB Item No. 3 and passed PZAB Resolution PZAB-
R-20-018 by a vote of seven to two (7-2), recommending approval to the City Commission of the
proposed future land use 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 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
City of Miami Page 1 of 3 File ID: 7576 (Revision:) Printed On: 1011912020
File ID: 7576 Enactment Number: 13922
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 amendment
to 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 fully set forth in this Section.
Section 2. The City Commission approves that the FLUM of Ordinance No. 10544, as
amended, the MCNP, be further amended by changing the Future Land Use designation of
2.805 ± acres of real property located at approximately 690 Northwest 13 Street, Miami, Florida,
as more particularly described in Exhibit "A, attached and incorporated, from "Light Industrial' to
"Restricted Commercial" pursuant to small scale amendment procedures subject to Section
163.3187, Florida Statutes.
Section 3. It is found that this amendment to the 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 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 -
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 "Restricted 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 copy of this Ordinance, after its adoption on second reading,
to the state land planning agency and any other entity required pursuant to Section 163.3184,
Florida Statutes.
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected.
City of Miami Page 2 of 3 File ID: 7576 (Revision:) Printed on: 1011912020
File ID: 7576
Enactment Number: 13922
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
&ina z, ity ttor ey 7/13/2020
' 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: 7576 (Revision:) Printed on: 1011912020