HomeMy WebLinkAboutCity Commission Faqct SheetCITY COMMISSION FACT SHEET
File ID: 14270
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX
RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 200
NORTHWEST 42 AVENUE (WESTERN PORTION) AND 4212
NORTHWEST 2 TERRACE (WESTERN PORTION) , MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 200, 246 NW 42 Avenue, 4212 NW 2 Terrace
APPLICANT(S): Ben Fernandez, Esq. on behalf of Y and Y LeJeune, LLC
PURPOSE: The application seeks approval to change the Future Land Use Map
Amendment from" Duplex Residential" to "Low Density Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On February 7, 2024, recommended approval
by a vote of 8-0.
City of Miami File ID: 15439 (Revision:) Printed On: 5/7/2024
City of Miami
Legislation
Ordinance
Enactment Number:14270
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15439 Final Action Date: 4/25/2024
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX
RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 200
NORTHWEST 42 AVENUE (WESTERN PORTION) AND 4212
NORTHWEST 2 TERRACE (WESTERN PORTION) , MIAMI, FLORIDA,
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property is located at the western portion of 200 Northwest 42 Avenue
and the western portion of 4212 Northwest 2 Terrace, Miami, Florida (collectively the "Property")
and has a current future land use designation of "Duplex Residential"; and
WHEREAS, Y and Y LeJeune, LLC and Y and Y S.Miami, LLC (the "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 "Low Density Restricted Commercial"; and
WHEREAS, the site is a bifurcated property, and the proposed future land use change is
0.309 ± acres in size; 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, the request to change the future land use designation of the Property is
consistent with Policy LU-1.6.4, as all required level of service criteria are met; and
WHEREAS, the request to change the future land use designation of the Property is
consistent with Policy LU-1.3.15 as it will provide a wider range of allowable Uses in close
proximity to each other; and
WHEREAS, the request to change the future land use designation of the Property is
consistent with Policy TR 1.1.5 as the Property is close to West Flagler Street, a transit corridor;
and
City of Miami File ID: 15439 (Revision:) Printed On: 5/7/2024
WHEREAS, the request to change the future land use designation of the Property is
consistent with Policy LU 1.1.7 as it has the potential to create well designed mixed -use
neighborhoods; and
WHEREAS, on February 7, 2024, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application to change the future land use
designation, item PZAB.12, and passed PZAB-R-24-009, recommending approval, by a vote of
nine to zero (9-0); 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 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 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 approves an amendment to 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, to change the
Future Land Use designation of 0.309 ± acres of real property at the western portion of 200
Northwest 42 Avenue and the western portion of 4212 Northwest 2 Terrace, Miami, Florida
from "Duplex Residential" to "Low Density Restricted 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 "Low Density Restricted Commercial", 36 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
(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.
City of Miami File ID: 15439 (Revision:) Printed On: 5/7/2024
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:
nd" ez, Ci[y Httor ey 3/4/2024
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 File ID: 15439 (Revision:) Printed On: 5/7/2024