HomeMy WebLinkAboutO-14063City of Miami
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Ordinance 14063
Legislation
File Number: 11082
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/28/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL" OF THE REAL PROPERTY AT 19
NORTHWEST 41 STREET AND 20 NORTHWEST 42 STREET, MIAMI,
FLORIDA, AND DENYING A CHANGE TO THE FUTURE LAND USE
DESIGNATION FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO
"GENERAL COMMERCIAL" OF THE REAL PROPERTY AT 4136 NORTH
MIAMI AVENUE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the property located at 19 Northwest 41 Street and 20 Northwest 42 Street,
Miami, Florida ("Parcel A") has a current future land use designation of "Duplex Residential';
and
WHEREAS, the property located at 4136 North Miami Avenue ("Parcel B") has a current
future land use designation of "Low Density Restricted Commercial'; and
WHEREAS, Perpetual Love 4136, LLC and Courtney Properties, LLC (collectively,
"Applicant") applied to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP") to change the future land use designation of Parcel A to "Low
Density Restricted Commercial'; and
WHEREAS, the Applicant applied to amend the FLUM of the MCNP to change the future
land use designation of Parcel B to "General Commercial'; and
WHEREAS, Parcel A and Parcel B (collectively, "Properties") are a combined 0.54 ±
acres in size; and
WHEREAS, Parcel A is 0.33 ± acres in size and the change from "Duplex Residential' to
"Low Density Restricted Commercial" would increase the maximum density from eighteen (18)
dwelling units per acre to thirty-six (36) dwelling units per acre; and
WHEREAS, the change from "Duplex Residential' to "Low Density Restricted
Commercial' would introduce new uses including but not limited to office and general retail; and
City of Miami Page 1 of 4 File ID: 11082 (Revision:) Printed On: 511012022
File ID: 11082 Enactment Number: 14063
WHEREAS, the change from "Duplex Residential' to "Low Density Restricted
Commercial' for Parcel A would create a buffer between the residential neighborhood to the
west and the commercial corridor to the east; and
WHEREAS, Parcel B is 0.21 ± acres in size and the change from "Low Density
Restricted Commercial' to "General Commercial' would increase the maximum density from
thirty-six (36) dwelling units per acre to one hundred fifty (150) dwelling units per acre; and
WHEREAS, changing Parcel B from "Low Density Restricted Commercial' to "General
Commercial' would introduce a broader range of commercial uses including but not limited to
heavy equipment sales and warehousing; and
WHEREAS, changing Parcel B from "Low Density Restricted Commercial' to "General
Commercial' would more than quadruple the density and more than double the floor lot ratio for
the portion of the Properties abutting the Historic Buena Vista East Neighborhood; and
WHEREAS, the change from "Low Density Restricted Commercial' to "General
Commercial' has the potential to introduce incompatible land uses with the abutting Historic
Buena Vista East Neighborhood; and
WHEREAS, the Planning Department recommends approval of the amendment to the
FLUM of the MCNP from "Duplex Residential' to "Low Density Restricted Commercial' for
Parcel A; and
WHEREAS, the Planning Department recommends denial for the amendment to the
FLUM of the MCNP from "Low Density Restricted Commercial' to "General Commercial' for the
portion of the Properties located at Parcel B; and
WHEREAS, the Applicant seeks to rezone the Properties under companion item PZ-20-
7917; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
November 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-
21-050 by a vote of eight to zero (8-0), Item No. PZAB. 3, recommending denial of the small
scale Land Use Designation Change requested by the Applicant; 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 all 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
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 amend
the FLUM of the MCNP from "Duplex Residential' to "Low Density Restricted Commercial' for
Parcel A; 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 deny
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File ID: 11082 Enactment Number: 14063
the application to change the FLUM of the MCNP from "Low Density Restricted Commercial' to
"General Commercial" for Parcel B;
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 is hereby amended pursuant to small scale
amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future
Land Use designation of 0.33 ± acres of real properties at 19 Northwest 41 Street and 20
Northwest 42 Street from "Duplex Residential' to Low Density Restricted Commercial."
Section 3. It is found that this amendment to the MCNP 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 -
specific development. However, text changes that relate directly to and are adopted
simultaneously with small-scale FLUM amendments are 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 "Low Density Restricted Commercial', 36 dwelling units
per acre for the Property, 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 application to change 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 0.21 ± acres of real property at 4136 North Miami Avenue from "Low
Density Restricted Commercial' to "General Commercial," all as described in Exhibit "A," is
denied.
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 shall not be affected.
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.'
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
City of Miami Page 3 of 4 File ID: 11082 (Revision:) Printed on: 511012022
File ID: 11082
Enactment Number: 14063
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 1/18/2022
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 4 of 4 File ID: 11082 (Revision:) Printed on: 511012022