Loading...
HomeMy WebLinkAboutO-14145City of Miami Ordinance 14145 al111 II li.RR I + Legislation File Number: 12862 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/9/2023 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 "LIGHT INDUSTRIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1210, 1222, 1234, AND 1250 NORTHWEST 7 AVENUE, 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 property approximately located at 1210, 1222, 1234, and 1250 Northwest 7 Avenue, Miami, Florida ("Property") has a current future land use designation of "Light Industrial'; and WHEREAS, Trendy Properties, LLC ("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 "Restricted Commercial'; and WHEREAS, the current future land use designation "Light Industrial' allows residential density up to thirty-six (36) dwelling units an acre; and WHEREAS, the site is 0.59 ± acres in size and would introduce a wider array of allowed uses and residential density, up to one hundred fifty (150) dwelling units an acre; and WHEREAS, the Property is located in very close proximity to the Culmer Metrorail station; and WHEREAS, the MCNP encourages the increase of residential density in close proximity to premium transit facilities, in addition to maintaining a land use pattern in context with the surrounding neighborhood; and WHEREAS, the majority of the surrounding neighborhood is designated Restricted Commercial; and City of Miami Page 1 of 3 File ID: 12862 (Revision:) Printed On: 212112023 File ID: 12862 Enactment Number: 14145 WHEREAS, shifting transportation trips from automobiles to modes that produce fewer greenhouse gases, such as transit, walking, and cycling will help the City achieve its goals in relation to climate change; and WHEREAS, the "Restricted Commercial" designation is more transit supportive than "Light Industrial" in that it provides greater opportunity for the development of higher density residential development and higher intensity employment; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September21, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-042 by a vote of nine to one (9 -1), Item No. PZAB. 2, 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, 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 approve 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, is amended by changing the Future Land Use designation of 0.59± acres of real property at 1210, 1222, 1234, and 1250 Northwest 7 Avenue, Miami, Florida from "Light Industrial" to "Restricted Commercial", as described in Exhibit "A", attached and incorporated. Section 3. It is found that this amendment to the Comprehensive Plan designation change to "Restricted Commercial" 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 City's comprehensive plan, but proposes a land use change to the future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall be permissible; City of Miami Page 2 of 3 File ID: 12862 (Revision:) Printed on: 212112023 File ID: 12862 Enactment Number: 14145 (c) Is one which is not located within an area of critical state concern as designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (d) Density will increase to one hundred fifty (150) dwelling units per acre, pursuant to the MCNP, as amended, and intensity will be as established in Article 4 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); 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. 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 ria i ndez, City Httor ey 1/3/2023 ' 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: 12862 (Revision:) Printed on: 212112023