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File ID: 14272
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, 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 "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY AT 860, 852, 842, 834,
AND 826 NORTHWEST 1 STREET, AND 821 WEST FLAGLER
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: 860, 852, 842, 834, and 826 NW 1 Street; 821 W Flager Street
APPLICANT(S): Melissa Tapanes Llahues, Esq. on behalf of 805 Flagler, LLC.
PURPOSE: The application seeks approval to change the Future Land Use Map
Amendment Application from Medium Density Restricted Commercial to Restricted Commercial.
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Recommend for Approval on February
7, 2024.
City of Miami File ID: 15318 (Revision: A) Printed On: 5/17/2024
City of Miami
Legislation
Ordinance
Enactment Number:14272
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15318 Final Action Date: 4/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF
ORDINANCE NO. 10544, AS AMENDED, 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 "MEDIUM
DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY AT 860, 852, 842, 834, AND 826 NORTHWEST 1 STREET,
AND 821 WEST FLAGLER STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 860, 852, 842, 834, and 826 Northwest 1 Street, and
821 West Flagler Street, Miami, Florida, as more particularly described in Exhibit "A," attached
and incorporated, ("Property") has a current future land use designation of "Medium Density
Restricted Commercial"; and
WHEREAS, Brookstone 805 Flagler, 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
"Restricted Commercial"; and
WHEREAS, the Property site is 1.078 ± acres in size, is composed of six (6) parcels,
and is bound on three (3) sides by Restricted Commercial land; and
WHEREAS, the Property is adjacent to West Flagler Street, a major transit corridor; and
WHEREAS, the Planning Department recommended denial of the amendment; and
WHEREAS, on February 7, 2024, at a duly notice public meeting, the Planning, Zoning
and Appeals Board ("PZAB") considered the application for changing the future land use map,
item PZAB.14, and passed PZAB-R-24-005, 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 has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
City of Miami File ID: 15318 (Revision: A) Printed On: 5/17/2024
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 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. The FLUM on the MCNP, pursuant to small scale amendment procedures
subject to §163.3187, Florida Statutes, is hereby amended by changing the Future Land Use
designation of 1.078 ± acres of real property at 860, 852 ,842, 834, and 826 Northwest 1 Street,
and 821 West Flagler Street, Miami, Florida, as more particularly described in "Exhibit A,"
attached and incorporated, from "Medium Density Restricted Commercial" to "Restricted
Commercial".
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 "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 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.
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.'
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: 15318 (Revision: A) Printed On: 5/17/2024
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 15318 (Revision: A) Printed On: 5/17/2024