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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14124 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 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. LOCATION: Approximately 399 Northeast 82 Terrace [Commissioner Christine King - District 5] APPLICANT(S): Melissa Tapanes-Llahues, Esq. on behalf of The Pelican Harbor Seabird Station, Inc. 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 Approval (ePlan PZ-20-6053). PLANNING, ZONING AND APPEALS BOARD: On October 19, 2022 recommended approval, by a vote of 10-0. City of Miami File ID: 12607 (Revision: A) Printed On: 121712022 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14124 File Number: 12607 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. 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 File ID: 12607 (Revision: A) Printed On: 121712022 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 (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. City of Miami File ID: 12607 (Revision: A) Printed On: 121712022 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 Una ndez, City Nttvr 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 File ID: 12607 (Revision: A) Printed On: 121712022