HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14018
Title: 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 "MEDIUM
DENSITY RESTRICTED COMMERCIAL" OF THE 0.158 ± ACRES
DESCRIBED HEREIN OF REAL PROPERTY AT 180 NORTHEAST 50
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 180 NE 50 St [Commissioner Jeffrey Watson - District 5]
APPLICANT(S): Iris Escarra, Esquire, on behalf of 4920 Operating LLC
PURPOSE: This will amend the designation on the Future Land Use Map for the above
property from "Medium Density Multifamily Residential" to "Medium Density Restricted
Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 5,
2021, by a vote of 7-0.
City of Miami File ID: 9111 (Revision:) Printed On: 912712021
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City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
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Enactment Number:14018
File Number: 9111 Final Action Date: 9/13/2021
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 "MEDIUM
DENSITY RESTRICTED COMMERCIAL" OF THE 0.158 ± ACRES
DESCRIBED HEREIN OF REAL PROPERTY AT 180 NORTHEAST 50
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 5,
2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-025 by a vote
of seven to zero (7-0), Item No. PZAB.4, recommending approval of the small-scale Land Use
Designation Change described herein; and
WHEREAS, the property located at 180 Northeast 50 Street, Miami, Florida ("Property")
has a current future land use designation of "Medium Density Multifamily Residential"; and
WHEREAS, 4920 Operating LLC ("Applicant") submitted a Comprehensive Plan
Amendment application to change the future land use designation to "Medium Density
Restricted Commercial"; and
WHEREAS, the site is 0.158 ± acres in size and is located in the Lemon City/Little Haiti
neighborhood; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("MCNP"), Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City of
Miami ("City") regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed land use change, including changing and changed conditions that make the passage
of the proposed land use change necessary; and
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
Comprehensive Plan Amendment to the Future Land Use Map ("FLUM") as hereinafter set
forth;
City of Miami File ID: 9111 (Revision:) Printed On: 912712021
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 FLUM of the MCNP, pursuant to small scale amendment procedures
subject to Section 163.3187, Florida Statutes, is amended by changing the Future Land Use
Designation from "Medium Density Multifamily Residential" to "Medium Density Restricted
Commercial" of the acreage described herein for the Property as more particularly described in
Exhibit "A", attached and incorporated.
Section 3. It is found that this Future Land Use 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 City's 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
small-scale FLUM amendments 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 "Medium Density Restricted Commercial", sixty-five (65)
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. 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:
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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 File ID: 9111 (Revision:) Printed On: 912712021