HomeMy WebLinkAboutO-14198City of Miami
` Ordinance 14198
Legislation
File Number: 13729
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
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 "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" AND "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 14
NORTHWEST 75TH STREET, 7409 NORTHWEST MIAMI COURT, 7450
NORTH MIAMI AVENUE, AND 7401 NORTHWEST MIAMI COURT, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 14 Northwest 75th Street, 7409 Northwest Miami
Court, 7450 North Miami Avenue, and 7401 Northwest Miami Court, Miami, Florida (collectively,
"Property") have a current future land use designation of "Light Industrial" and "Medium Density
Multifamily Residential"; and
WHEREAS, LRMF Owner, 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 "General Commercial";
and
WHEREAS, the Property is an assemblage of four (4) parcels totaling approximately
30,648 square feet, or 0.704 acres of land; and
WHEREAS, the Applicant's proposed change to "General Commercial," will provide the
highest Density (150 dwelling units per acre) and the greatest variety of Uses; and
WHEREAS, on January 10, 2023, Miami -Dade County Public Schools submitted
findings that it had tested the proposed change of land use and zoning and found that the
school system has sufficient capacity to serve the application; and
WHEREAS, the Planning Department conducted an analysis in a Geographic
Information System ("GIS") to test the public park Levels of Service (LOS) for this proposal and
found that, with the potential increase in population, the project does not meet LOS standards
which requires a 10-minute, '/2-mile barrier -free walk to a park entrance; and
WHEREAS, on December 28, 2022, a Transportation Concurrency was performed
based on existing and proposed FLR and density for the Property and the maximum potential
impact as it relates to trip generation was calculated finding that the proposed FLR and
City of Miami Page 1 of 3 File ID: 13729 (Revision:) Printed On: 811112023
File ID: 13729 Enactment Number: 14198
densities have the potential to result in a total increase of approximately 11,900 daily trips and
1,700 P.M. peak hour trips; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-033 by a
vote of ten to zero (10-0), Item No. PZAB.7, recommending approval of the land use 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"), Ordinance No. 13114; 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
recommend approval of this amendment to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE 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. Ordinance No. 10544, as amended, the Future Land Use Map of the
Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures
subject to §163.3187, Florida Statutes, is amended by changing the Future Land Use
designation of 0.704 ± acres of real property at 14 NW 75th Street, 7409 NW Miami Court, 7450
N Miami Avenue, and 7401 NW Miami Court, Miami, Florida from "Light Industrial" and "Medium
Density Multifamily Residential" to "General 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 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;
(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 §380.05(1), Florida Statutes;
(d) Density will be 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
City of Miami Page 2 of 3 File ID: 13729 (Revision:) Printed on: 811112023
File ID: 13729
Enactment Number: 14198
(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, §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. The City Manager is directed to instruct the Director of the Planning and
Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on
second reading to the reviewing agencies pursuant to Section 163.3184, Florida Statutes and
any other person or entity requesting a copy.
Section 6. 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, i fy Nttor ey 4/17/2023
' 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: 13729 (Revision:) Printed on: 811112023