HomeMy WebLinkAboutO-14081City of Miami
` Ordinance 14081
Legislation
File Number: 10957
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/28/2022
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 "LOW DENSITY RESTRICTED
COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF
THE APPROXIMATELY 1.75 ACRES DESCRIBED HEREIN OF REAL
PROPERTIES LOCATED AT 600 NORTHWEST 42 AVENUE, 4251, 4253, AND
4255 NORTHWEST 6 STREET, AND 601 NORTHWEST 43 AVENUE, MIAMI,
FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 600 Northwest 42 Avenue, 4251, 4253, and 4255
Northwest 6 Street, and 601 Northwest 43 Avenue, Miami, Florida (collectively, "Property") has
a current future land use designation of "Low Density Restricted Commercial'; and
WHEREAS, Le Jeune Palms, LLC ("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 the Property to "Medium Density Restricted Commercial'; and
WHEREAS, the site is 1.75± acres in size and is currently utilized as surface parking;
and
WHEREAS, the proposed Future Land Use designation of "Medium Density Restricted
Commercial' would increase the maximum residential density allowed from thirty-six (36)
dwelling units per acre to sixty-five (65) dwelling units per acre; and
WHEREAS, the commercial uses permitted in both the existing and proposed Future
Land Use designations are largely the same except for increased intensity of lodging uses
allowed in the proposed Future Land Use designation; and
WHEREAS, the Property is surrounded by low density residential uses including "Duplex
Residential' to the west and south; and
WHEREAS, Northwest 7 Street to the north of the Property acts as a natural barrier
between higher density and intensity of land uses to the north and lower density and intensity of
uses to the south; and
WHEREAS, the increased density and intensity that would be allowed under the
proposed Future Land Use designation of "Medium Density Restricted Commercial' is seen by
City of Miami Page 1 of 3 File ID: 10957 (Revision:) Printed On: 811212022
File ID: 10957 Enactment Number: 14081
Planning Department staff as an encroachment of incompatible land uses into an established
residential neighborhood; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October
20, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-042,
where the Board made a motion to recommend approval of the small scale Land Use
Designation Change, Item No. PZAB.4, which failed by a vote of two to six (2-6); 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, 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 "Low Density Restricted Commercial' to "Medium Density
Restricted Commercial' for the Property 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. Ordinance No. 10544, as amended, 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 of 1.75± acres of real property at 600 Northwest
42 Avenue, 4251, 4253, and 4255 Northwest 6 Street, and 601 Northwest 43 Avenue, Miami,
Florida from "Low Density Restricted Commercial' to "Medium Density Restricted Commercial',
as more particularly described in "Exhibit A", attached and incorporated.
Section 3. It is found that this amendment to the MCNP involves a use of fifty (50) acres
or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) 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 shall be permissible;
(c) 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;
(d) 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
City of Miami Page 2 of 3 File ID: 10957 (Revision:) Printed on: 811212022
File ID: 10957
Enactment Number: 14081
(e) 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:
1
i - 4i.He�z, City Attor ey 11/2912021
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.
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