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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14202 Title: 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. LOCATION: Approximately, 205 SW 8 Avenue, 219 SW 8 Avenue, 766 SW 2 Street, and 779 SW 3 Street APPLICANT(S): Alejandro Uribe, Esquire on behalf of Lazo West Brickell Investments Inc. PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Low Density Restricted Commercial " to "Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On May 17, 2023, recommended approval by a vote of 6-1. City of Miami File ID: 14037 (Revision:) Printed On: 811112023 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14202 File Number: 14037 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 ; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE 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 File ID: 14037 (Revision:) Printed On: 811112023 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 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 ID: 14037 (Revision:) Printed On: 811112023 APPROVED AS TO FORM AND CORRECTNESS: Vyt6riai dez,City Attor iey 6/1212023 City of Miami File ID: 14037 (Revision:) Printed On: 811112023