HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney,°�`"�
DATE: April 12, 2023
RE: Ordinance No. 14079 — Land Use - 8038 Northeast 2 Avenue and 165
Northeast 80 Terrace
File No. 11324
At its July 28, 2022, meeting, the City Commission adopted the above referenced agenda
item, PZ.2, amending Ordinance No. 10544, 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 of 1.42 f acres
of real property at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace, Miami, Florida from
"Medium Density Restricted Commercial" to "Restricted Commercial." The item inadvertently
printed without the language "with Attachment(s)" in the title.
The Legislation has been corrected and incremented to Revision A.
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City of Miami
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Ordinance 14079
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Legislation
File Number: 11324
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 "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF THE REAL PROPERTIES AT 8038 NORTHEAST 2
AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI,
FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Qualcon Little River Active Zone Business, 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 properties located at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace (collectively, "Property") as described in Exhibit "A",
attached and incorporated, that is currently designated as "Medium Density Restricted
Commercial" to "Restricted Commercial'; and
WHEREAS, in total, the Property is 2.16 ± acres in size; and
WHEREAS, the Applicant's request applies only to the portion of Property currently
designated "Medium Density Multifamily Restricted Commercial," which is estimated to be
approximately 1.42 acres; and o 0
WHEREAS, the Property is located immediately north of the Little River ComrRi ce Ilk
70
and contains a telecommunication facility and has operated on the site for approxima�g70:;:Q
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ears; and C)=
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WHEREAS, the Property is in the Little Haiti Area; and 3
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WHEREAS, the Property lies within an Opportunity Zone; andM.
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WHEREAS, the Property is within a quarter -mile of a Transit Corridor; and
WHEREAS, the existing "Medium Density Restricted Commercial" future land use
designation is primarily intended to allow residential uses and commercial uses with a
residential density of sixty-five (65) dwelling units per acre and to facilitate the ability to develop
a mixed occupancy within a unit; and
City of Miami Page 1 of 3 File ID: 11324 (Revision: A) Printed On: 44312023
File ID: 11324 Enactment Number: 14079
WHEREAS, the Applicant's proposed "Restricted Commercial" land use designation
allows similar mixed uses of residential and commercial activity; and
WHEREAS, the proposed "Restricted Commercial" land use designation is often located
along arterial or collector roadways while also allowing a maximum residential density
equivalent to "High Density Multifamily Residential"; and
WHEREAS, the Applicant states in its Letter of Intent ("LOI") that the existing "Medium
Density Restricted Commercial" land use designation no longer fits the neighborhood due to the
demand in mixed -use development; and
WHEREAS, Miami -Dade County land use code data shows that fifty-four percent (54%)
of existing uses in the area are residential; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
001 by a vote of six to one (6-1), Item No. PZAB.3, recommending approval of the zoning
change; and
WHEREAS, the City Commission has considered the goals, objectives, and pg4ciesp of
the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,'As N
amended ("Miami 21 Code"), and all other City regulations; and a
WHEREAS, the City Commission has considered the need and justification T§ahe- (rn)
proposed change, including changing and changed conditions that make the passa f M M
proposed change necessary; and
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WHEREAS, the City Commission, after careful consideration of this matter, d$zmEw C7
advisable and in the best interest of the general welfare of the City and its inhabitantoo V,
recommend approval of this amendment to the FLUM of the MCNP as hereinafter sefforth;
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 1.42 ± acres of real property at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace, Miami, Florida from "Medium Density Restricted
Commercial" to "Restricted Commercial," as described in "Exhibit A," attached and incorporated.
Section 3. It is found that this Comprehensive Plan 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 120 acres in a
calendar year;
City of Miami Page 2 of 3 File ID: 11324 (Revision: A) Printed on: 411312023
File ID: 11324 Enactment Number: 14079
(c) 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;
(d) 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
§380.05(1), Florida Statutes;
(e) Density will be "Restricted Commercial", 150 dwelling units per acre,
pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as
established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; 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, §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 1
ria dez, C ity Altor i ey 5/17/2022 ria dez, ity ttor ey 4/13/2023
' 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: 11324 (Revision: A) Printed on: 411312023
x� �3
City of Miami
y
Legislation
Ordinance
Enactment Number
File Number: 11324
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
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 "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF THE REAL PROPERTIES AT 8038
NORTHEAST 2 AVENUE (WESTERN PORTION) AND 165 NORTHEAST
80 TERRACE, MIAMI, FLORIDA, ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Qualcon Little River Active Zone Business, 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 properties located at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace (collectively, "Property') as described in Exhibit "A",
attached and incorporated, that is currently designated as "Medium Density Restricted
Commercial" to "Restricted Commercial"; and
WHEREAS, in total, the Property is 2.16 t acres in size; and o 0
'Tl N
WHEREAS, the Applicant's request applies only to the portion of Property c nti _0
designated "Medium Density Multifamily Restricted Commercial," which is estimated kbe
1,T1
approximately 1.42 acres; and r _ w
WHEREAS, the Property is located immediately north of the Little River Cor rc
arK`_
and contains a telecommunication facility and has operated on the site for approxin-aoly
-T
years; and ••
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o
WHEREAS, the Property is in the Little Haiti Area; and
WHEREAS, the Property lies within an Opportunity Zone; and
WHEREAS, the Property is within a quarter -mile of a Transit Corridor; and
WHEREAS, the existing "Medium Density Restricted Commercial" future land use
designation is primarily intended to allow residential uses and commercial uses with a
residential density of sixty-five (65) dwelling units per acre and to facilitate the ability to develop
a mixed occupancy within a unit; and
City of Miami File ID: 11324 (Revlston:) Printed On: 711W2022
WHEREAS, the Applicant's proposed "Restricted Commercial" land use designation
allows similar mixed uses of residential and commercial activity; and
WHEREAS, the proposed "Restricted Commercial" land use designation is often located
along arterial or collector roadways while also allowing a maximum residential density
equivalent to "High Density Multifamily Residential"; and
WHEREAS, the Applicant states in its Letter of Intent (' LOI") that the existing "Medium
Density Restricted Commercial" land use designation no longer fits the neighborhood due to the
demand in mixed -use development; and
WHEREAS, Miami -Dade County land use code data shows that fifty-four percent (54%)
of existing uses in the area are residential; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
001 by a vote of six to one (6-1), Item No. PZAB.3, recommending approval of the zoning
change; 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, asco
_
amended ("Miami 21 Code"), and all other City regulations; and o
� w
WHEREAS, the City Commission has considered the need and justification fa
fihe �D
proposed change, including changing and changed conditions that make the passage bf th
proposed change necessary; and ��:; c�771
WHEREAS, the City Commission, after careful consideration of this matter, geprnsa 71
advisable and in the best interest of the general welfare of the City and its inhabitanTs-to ca CD
recommend approval of this amendment to the FLUM of the MCNP as hereinafter se�_ortli -
CD
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 1.42 ± acres of real property at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace, Miami, Florida from "Medium Density Restricted
Commercial" to "Restricted Commercial," as described in "Exhibit A," attached and incorporated.
Section 3. It is found that this Comprehensive Plan 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 120 acres in a
calendar year;
(c) 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
City of Miami File ID: 11324 (Revlslon:) Printed On: 7/19/2022
to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall
be permissible;
(d) 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
§380.05(1), Florida Statutes;
(e) Density will be "Restricted Commercial", 150 dwelling units per acre,
pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as
established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; 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, §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
tp6riadez, C ity Attor iey 5/17/2022
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' 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 /D: 11324 (Revision:) Printed On: 7/19/2022