HomeMy WebLinkAboutO-14232City of Miami
Ordinance 14232
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14677 Final Action Date: 11/16/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION , WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
FUTURE LAND USE MAP ("FLUM") OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN ("MCNP"), PURSUANT TO SMALL SCALE
AMENDMENT PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM
"LOW DENSITY MULTI -FAMILY RESIDENTIAL" AND "LOW DENSITY
RESTRICTED COMMERCIAL" TO " RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 43 NORTHEAST
53 STREET AND 50 NORTHEAST 54 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, 53rd Street Apartments L.P. ("Applicant") submitted a request to amend the
Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to
change the future land use designation from "Low Density Multi -Family Residential" and "Low -
Density Restricted Commercial" to "Restricted Commercial" for the real property generally
located at 43 Northeast 53 Street and 50 Northeast 54 Street, Miami, Florida, as more
particularly described in the attached and incorporated Exhibit "A" (collectively, "Property"); and
WHEREAS, the Property site is comprised of two (2) parcels totaling approximately
18,746 square feet (0.43 acres) of land; 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, the request to change the FLUM designation of the Property is consistent
with Land Use Policy Objective 1.3, as it encourages the development of well -designed mixed -
use neighborhoods that provide for a variety of uses; and
WHEREAS, the request to change the FLUM designation of the Property is consistent
with Transportation Policy 2.1.3, as it meets the objective to encourage increased Density of
development in Transit Oriented Development ("TOD") areas and near transit corridors and
Metrorail stations; and
WHEREAS, the request to change the FLUM designation of the Property is consistent
with Land Use Policy Objective 1.3.3, as it encourages the protecting of residential
neighborhoods from the encroachment of incompatible land uses, the degradation of public
health and safety, or the fragmentation of neighborhoods; and
City of Miami Page 1 of 3 File ID: 14677 (Revision:) Printed On: 12/6/2023
File ID: 14677 Enactment Number: 14232
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-090 by a vote of eight to zero (8 - 0), Item No. PZAB. 29, recommending approval of the
small scale land use designation change on the FLUM of the MCNP; 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
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, pursuant to
small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended
by changing the Future Land Use designation of 0.43 ± acres of real property located at 43
Northeast 53 Street and 50 Northeast 54 Street, Miami, Florida, as more particularly described
in the attached and incorporated Exhibit "A," from "Low Density Multifamily Residential" and
"Low Density Restricted Commercial" to "Restricted Commercial".
Section 3. It is found that this amendment to the FLUM of the MCNP 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
FLUM 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;
(c) 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;
(d) 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 Miami 21 Code; and
(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, 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: 14677 (Revision:) Printed on: 12/6/2023
File ID: 14677 Enactment Number: 14232
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:
ndez, ity Attor
ey 10/16/2023
1 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: 14677 (Revision:) Printed on: 12/6/2023