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Home My WebLink AboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Op or rF yi Ordinance 14079 Q 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 ComrRice Ilk 70 and contains a telecommunication facility and has operated on the site for approxima�g70:;:Q PI ears; and C)= Y w I�'1 �<! WHEREAS, the Property is in the Little Haiti Area; and 3 �� —C_j w C� WHEREAS, the Property lies within an Opportunity Zone; andM. � o 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 11324 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 —0 -� 3 -< WHEREAS, the City Commission, after careful consideration of this matter, d$zmEw 0 advisable and in the best interest of the general welfare of the City and its inhabitantoo � 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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, ity Attor iey 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 SUBSTITUTED City of Miami City Hall Legislation 3500 Pan Ameican C .' """ """ ' f Miami, FL 33133 vA"Mamigov. Ordinance Enactment Number File Number: 11324 Final Acti Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDI ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAN rISE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLA , PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJE TO SECTION 163.3187, FLORIDA STATUTE/GS; G G THE FUTURE LAND USE DESIGNATION FROM "MEDIESTRICTED COMMERCIAL" TO "RESTRICTED COMF THE ACREAGE DESCRIBED HEREIN OF THE REAL PRAT 8038 NORTHEAST 2 AVENUE (WESTERN POD 165 NORTHEAST 80 TERRACE, MIAMI, FLORIDA, ALL ASTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FIONTAINING A SEVERABILITY CLAUSE; AND PROVIDI EFFECTIVE DATE. WHEREAS, Qualcon Little River Active Zo Business, LLC ("Applicant") applied to amend the Future Land Use Map ("FLUM") of th Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use desig tion of the properties located at 8038 Northeast 2 Avenue and 165 Northeast 80 Terrace (co ectively, "Property') as described in Exhibit "A", attached and incorporated, that is current) designated as "Medium Density Restricted Commercial" to "Restricted Commercial' and WHEREAS, in total, the Pro rty is 2.16 t acres in size; and o 0 'Tl N WHEREAS, the Applica s request applies only to the portion of Property ct— tiy_0 designated "Medium Density ultifamily Restricted Commercial," which is estimated kbe � 1,T1 approximately 1/theProperty _ w WHERErty is located immediately north of the Little River Cor rc arK`_ and contains a ttion facility and has operated on the site for approxin-at�ly -T years; and •• rT- �. o WHER is in the Little Haiti Area; and WHEREAS, the Property lies within an Opportunity Zone; and EREAS, the Property is within a quarter -mile of a Transit Corridor; and WHEREAS, the existing "Medium Density Restricted Commercial" future land use d ignation is primarily intended to allow residential uses and commercial uses with a sidential 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 SUBSTITUTED 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 locate 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 " dium Density Restricted Commercial" land use designation no longer fits the neighborhood ue to the demand in mixed -use development; and WHEREAS, Miami -Dade County land use code data shows that fifty-fo percent (54%) of existing uses in the area are residential; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), a is meeting on January 5, 2022, following an advertised public hearing, adopted Resol ion No. PZAB-R-22- 001 by a vote of six to one (6-1), Item No. PZAB.3, recommending androval of the zoning change; and WHEREAS, the City Commis/FLUM considered the g Is, objectives, and policies of the MCNP, Ordinance No. 13114, the Ordinance of th City of Miami, Florida, as amended ("Miami 21 Code"), and all ity regulations; nd o WHEREAS, the City Commiss consider the need and justification Ophe� 70 proposed change, including changinganged c ditions that make the passagerbf t11� proposed change necessary; ando w m WHEREAS, the City Commiser reful consideration of this matter, m93 M advisable and in the best interest of tgene I welfare of the City and its inhabitanTsrW w Cl recommend approval of this amendma FLUM of the MCNP as hereinafter se�ort* CD NOW, THEREFORE, BE IT OED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals an findings contained in the Preamble to this Ordinance are adopted by reference and incor orated as fully set forth in this Section. Section 2. Ordinan No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment p cedures subject to Section 163.3187, Florida Statutes, is amended by changing the Future and Use designation of 1.42 ± acres of real property at 8038 Northeast 2 Avenue and 165 NgKheast 80 Terrace, Miami, Florida from "Medium Density Restricted Commercial" to "Restricted Commercial," as described in "Exhibit A," attached and incorporated. Section,X. It is found that this Comprehensive Plan designation change involves a use of ten (10) ac s or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small-scale devel ment amendments adopted by the City does not exceed a maximum of 120 acres in a tale dar year; (c) The proposed amendment does not involve a text change to goals, (Olicies, 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 SUBSTITUTED 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 cre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity ill be as established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amen d; and (f) The proposed amendment complies with the applicable reage and density limitations set forth in the Local Government Comprehensive Planning a d Land Development Regulation Act including, without limitation, §163.3187, Florida atutes. Section 4. If any section, part of a section, paragraph, clause, phra , or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance hall not be affected. Section 5. This Ordinance shall become effective thirty-one ) days after second reading and adoption thereof pursuant and subject to Section 163. 87(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 1 tp6riadez, C ity Attor iey 5/17/2022 Ca r%3 'rt r-4 w n nrn C:) r1l 3-, 0 C. .. M X, � O ' 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