HomeMy WebLinkAboutO-14124City of Miami
` Ordinance 14124
Legislation
File Number: 12607
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/17/2022
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 "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 399 NORTHEAST
82 TERRACE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE
DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, the property located at 399 Northeast 82 Terrace, Miami, Florida
("Property") has a current future land use designation of "Medium Density Multifamily
Residential"; and
WHEREAS, The Pelican Harbor Seabird Station, Inc. ("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
"Medium Density Restricted Commercial"; and
WHEREAS, the current future land use designation "Medium Density Multifamily
Residential" allows residential density up to 65 dwelling units an acre; and
WHEREAS, the site is 2.63 ± acres in size and located in the northeast part of the city,
along the Little River canal, at the City's northern boundary with the Village of El Portal; and
WHEREAS, the proposed designation of "Medium Density Restricted Commercial"
would not increase the allowed residential density from sixty-five (65) dwelling units per acre but
would increase the allowed uses on the site, from purely residential to a large mix of uses,
including community -oriented facilities, commercial, office, retail, and more; and
WHEREAS, Miami -Dade County's Strategic Miami Area Rapid Transit ("SMART") Plan
plans for a premium transit facility in very close proximity to the Property; and
WHEREAS, land use studies for this SMART Plan and a former TOD study conducted
for the City of Miami found great potential for growth in the neighborhood, while preserving
existing neighborhoods and setting aside ample open space; and
WHEREAS, the Property is bordered by the Oakland Grove neighborhood on the west
and the Florida East Coast Railway and the Little River canal on the north and east; and
City of Miami Page 1 of 3 File ID: 12607 (Revision: A) Printed On: 121712022
File ID: 12607 Enactment Number: 14124
WHEREAS, the high -traffic Northeast 82 Street corridor is immediately south, with only
three properties in between; and
WHEREAS, with such close proximity to the Little River canal, the neighborhood and
Property face increasing effects from sea level rise, including stormwater inundation and sunny -
day flooding during high tides; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 19, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
051 by a vote of ten to zero (10-0), Item No. PZAB.3, recommending Approval of the small scale
Land Use Designation Change; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544, 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, 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
recommend approval of this amendment to the FLUM of the MCNP 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, should be
amended by changing the Future Land Use designation of 2.63± acres of real property at 399
Northeast 82 Terrace, Miami, Florida from "Medium Density Multifamily Residential' to "Medium
Density Restricted Commercial', as described in "Exhibit A", attached and incorporated.
Section 3. It is found that this amendment to the Comprehensive Plan designation
change 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 the small-scale FLUM amendment 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', 65 dwelling
units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and
intensity will be as established in Article 4 of the Miami 21 Code, as amended; and
City of Miami Page 2 of 3 File ID: 12607 (Revision: A) Printed on: 121712022
File ID: 12607
Enactment Number: 14124
(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
"na dez, Ciky Hktor iey 11/712022
' 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: 12607 (Revision: A) Printed on: 121712022