HomeMy WebLinkAboutO-14300City of Miami
Ordinance 14300
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 16100 Final Action Date: 7/25/2024
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
SECTION 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 7924 NORTHEAST 2
AVENUE, 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 Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-035 by a
vote of seven to zero (7-0), Item No. PZAB.5, recommending approval of the land use
designation change; and
WHEREAS, the property generally located at 7924 Northeast 2 Avenue, Miami, Florida,
is bifurcated by two (2) Future Land Use Map ("FLUM") designations on the Miami
Comprehensive Neighborhood Plan ("MCNP"): "Medium Density Restricted Commercial" and
"Restricted Commercial"; and
WHEREAS Steven J. Wernick, Esquire, AICP, on behalf of MD 79TH HOLDING, LLC
and MD 79TH HOLDING II LLC (together, "Applicant"), submitted a request to the City of Miami
("City") to amend the Future Land Use ("FLU") designation of the northwest portion of 7924
Northeast 2 Avenue, Miami, Florida, as more particularly described in the attached and
incorporated Exhibit "A" ("Property"), from "Medium Density Restricted Commercial" to
"Restricted Commercial"; and
WHEREAS, the Property site is 0.86 ± acres in size; and
WHEREAS, the proposed amendment would allow increased Residential Density; and
WHEREAS, the new land use designation will not impose on regions with lesser
intensity; and
WHEREAS, the proposed amendment seeks to extend the "Restricted Commercial"
classification to adjacent properties to the west only, thereby safeguarding the local
community's character and ensuring a cohesive urban development; and
WHEREAS, the Property is easily accessible by public transportation; and
City of Miami Page 1 of 3 File ID: 16100 (Revision:) Printed On: 7/31/2024
File ID: 16100 Enactment Number: 14300
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 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 MCNP
amendment to the FLUM 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. 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, is amended by changing the Future Land Use designation of 0.86
± acres of the northwest portion of the property located at 7924 Northeast 2 Avenue, Miami,
Florida, as 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 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 Neighborhood Comprehensive Plan, as amended, and as
may be limited by the Miami 21 Code; 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, §163.3187,
Florida Statutes.
City of Miami Page 2 of 3 File ID: 16100 (Revision:) Printed on: 7/31/2024
File ID: 16100 Enactment Number: 14300
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.'
APPROVED AS TO FORM AND CORRECTNESS:
g Wy j ng III, C y ttor y 7/16/2024
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 Page 3 of 3 File ID: 16100 (Revision:) Printed on: 7/31/2024