HomeMy WebLinkAboutO-14202City of Miami
` Ordinance 14202
Legislation
File Number: 14037
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 "LOW DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 205 AND 219
SOUTHWEST 8 AVENUE, 766 SOUTHWEST 2 STREET, AND 779
SOUTHWEST 3 STREET, 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 located at 205 Southwest 8th Avenue, 219 Southwest 8th
Avenue, 766 Southwest 2nd Street, and 779 Southwest 3rd Street, Miami, Florida, as more
particularly described in Exhibit "A," attached and incorporated, ("Property") has a current future
land use designation of "Low Density Restricted Commercial'; and
WHEREAS, Alejandro Uribe, on behalf of, Lazo Investment, Inc., Lazo West Brickell
Investments, Inc., and Hernan R. Lazo (collectively, "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 0.509± acres in size and is intended to be developed into a
fully -affordable mixed use development at a higher density than existing properties; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May
17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-056 by a
vote of six to one (6-1), Item No. PZAB. 4, recommending approval of the small scale Land Use
designation amendment; 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, 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: 14037 (Revision:) Printed On: 811112023
File ID: 14037 Enactment Number: 14202
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
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, is hereby
amended pursuant to small scale amendment procedures subject to Section 163.3187, Florida
Statutes, by changing the Future Land Use designation of 0.509 ± acres of real property located
at approximately 205 Southwest 8th Avenue, 219 Southwest 8th Avenue, 766 Southwest 2nd
Street, and 779 Southwest 3rd Street, Miami, Florida, as described in "Exhibit A," attached and
incorporated, from "Low Density Restricted Commercial to "Restricted Commercial".
Section 3. It is found that this amendment to the Comprehensive Plan change,
specifically the land use designation amendment on the FLUM of the MCNP, involves a use of
fifty (50) 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 one hundred
twenty (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
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 "Restricted Commercial", one hundred fifty (150)
dwelling units per acre, pursuant to the MCNP, 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, 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.'
' 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
City of Miami Page 2 of 3 File ID: 14037 (Revision:) Printed on: 811112023
File ID: 14037
Enactment Number: 14202
APPROVED AS TO FORM AND CORRECTNESS:
1
i 4naindez, City Attor iey 6/1212023
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: 14037 (Revision:) Printed on: 811112023