HomeMy WebLinkAboutO-14186City of Miami
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Ordinance 14186
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Legislation
File Number: 13897
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/22/2023
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 "HIGH DENSITY MULTI -FAMILY
RESIDENTIAL" TO "RESTRICTED COMMERCIAL" OF THE APPROXIMATELY
±1.828 ACRES OF REAL PROPERTY GENERALLY LOCATED AT 1644, 1649,
AND 1650 NORTHWEST 16TH TERRACE AND 1700 NORTHWEST 15TH
STREET ROAD, 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 properties located at 1644 Northwest 16th Terrace, 1650 Northwest
16th Terrace, 1649 Northwest 16th Terrace, and 1700 Northwest 15th Street Road, Miami,
Florida (collectively, the "Property") have a future land use designation of "High Density
Multifamily Residential'; and
WHEREAS, the applicant, the International Brotherhood of Electrical Workers Inc.,
("Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM")
of the Miami Comprehensive Neighborhood Plan, as amended ("MCNP") to change the future
land use designation of the Property to "Restricted Commercial'; and
WHEREAS, the Property is approximately ±1.828 acres in size; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on April
19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-044 for
Item No. PZAB. 5, failing to recommend approval of the subject land use change to the City
Commission by the required supermajority vote, as the motion to approve received five (5) votes
in favor and three (3) votes against (5-3) where six (6) favorable votes were required; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544, Ordinance No. 13114, 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
City of Miami Page 1 of 3 File ID: 13897 (Revision:) Printed On: 7/5/2023
File ID: 13897
Enactment Number: 14186
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 grant
this change to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINDED BY CITY 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. The City Commission hereby amends 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 the Future Land
Use designation of approximately ±1.828 acres from "High Density Multifamily Residential" to
"Restricted Commercial" for the real property located at 1644 Northwest 16th Terrace, 1650
Northwest 16th Terrace, 1649 Northwest 16th Terrace, and 1700 Northwest 15th Street Road,
Miami, Florida, 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 unnecessary 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, neither does it advocate for 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 FLUM amendment shall be permissible;
(d) 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;
(e) Density will be "High Density Multi -Family Residential", 150 dwelling units per
acre, pursuant to the MCNP, and intensity will be as established in Article 4 of
the Miami 21 Code; 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, 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.
City of Miami Page 2 of 3 File ID: 13897 (Revision:) Printed on: 71512023
File ID: 13897
Enactment Number: 14186
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, ity Attor ey 5/9/2023
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: 13897 (Revision:) Printed on: 71512023