HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14324
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 "MEDIUM
DENSITY RESTRICTED COMMERCIAL" (WESTERN PORTION) AND
"PUBLIC PARKS AND RECREATION" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED
AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 8032 Northeast 2 Avenue
APPLICANT(S): Javier E. Fernandez, Esq., on behalf of Rivercow, LLC.
PURPOSE: This will amend the designation on the Future Land Use Map for the above property
from Medium Density Restricted Commercial ("MDRC") and Public Parks and Recreation
("PPR") to Restricted Commercial ("RC").
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On July 9, 2024, recommended
approval, by a vote of 9-0.
City of Miami File ID: 16430 (Revision:) Printed On: 11/7/2024
City of Miami
Legislation
Ordinance
Enactment Number:14324
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16430 Final Action Date: 10/24/2024
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 "MEDIUM
DENSITY RESTRICTED COMMERCIAL" (WESTERN PORTION) AND
"PUBLIC PARKS AND RECREATION" TO "RESTRICTED COMMERCIAL"
OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY
LOCATED AT 8032 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND
INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 8032 Northeast 2 Avenue, Miami, Florida, as more
particularly described in the attached and incorporated Exhibit "A," ("Property") currently has
three future land use ("FLU") designations of Restricted Commercial ("RC"), Medium Density
Restricted Commercial ("MDRC"), and Public Parks and Recreation ("PPR"); and
WHEREAS, Rivercow, 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(s) for portions of the Property from Medium Density
Restricted Commercial ("MDRC") and Public Parks and Recreation ("PPR)" to Restricted
Commercial ("RC"); and
WHEREAS, the Property site is 0.296± acres in size, but only 0.138± acres is subject to
the proposed amendment to the FLUM from MDRC and PPR to RC; and
WHEREAS the Property is located along Northeast 80th Terrace and Northeast 2nd
Avenue and the lot is irregularly shaped, suggestive of an upside-down letter "L"; and
WHEREAS, the Applicant proposes to change the designation of approximately 0.138
acres of the Property from MDRC and PPR to RC; and
WHEREAS, if the amendment is approved, then the entire Property will have a FLUM of
RC, which allows for more density and uses; and
WHEREAS, the abutting property to the west of the Property recently had a FLUM
amendment approved, changing the FLUM from MDRC to RC; and
WHEREAS, in year 2020, a map investigation was performed on the Property per a
request of the then owner to see whether the multiple Transects Zones and related FLUs on the
City of Miami File ID: 16430 (Revision:) Printed On: 11/7/2024
Property were a "mapping error," and the research concluded that while a scrivener's error is
possible, there is not enough evidence to administratively correct without a public hearing; and
WHEREAS, the research found via the City's Department of Real Estate & Asset
Management's ("DREAM") Inventory of Public Property indicates that the legal description of the
park south of the Property only includes the property at 8034 Northeast 2 Avenue without any
mention of the lots or parcels of the subject Property; and
WHEREAS, no portion of this application is rezoning the original dedicated park
therefore the MCNP's no -net -loss of park space policy does not apply; and
WHEREAS, it is unusual to find a FLU of PPR on a non -government owned site in the
City; and
WHEREAS, the Property consists of one parcel abutting a well -established corridor
designated RC on the FLUM, and changing the FLU designation from MDRC and PPR to RC
increases the density and diversify of uses along Northeast 2 Avenue, which has been identified
as a Transit Corridor in Appendix TR-1 of the MCNP and is aligned with the MCNP; and
WHEREAS, the proposed amendment furthers MCNP Policy LU-1.6.9, which states
'Jt]he City's land development regulations will establish mechanisms to mitigate the potentially
adverse impacts of new development on existing neighborhoods through the development of
appropriate transition standards and buffering requirements" in that there are no Single -Family,
Duplex, or Low -Density properties to protect or buffer and the transitions are appropriate; and
WHEREAS, the potential impact of having a single FLU of RC on this Property is
appropriate, as a buffer land use designation is no longer required because all abutting
properties have been amended to RC; and
WHEREAS, on July 9, 2024, at a duly notice public meeting, the Planning, Zoning and
Appeals Board ("PZAB") considered the application for changing the FLUM, item PZAB.4, and
adopted PZAB-R-24-048, recommending approval, by a vote of nine to zero (9-0); 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 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
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 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 FLUM of the MCNP, pursuant to
small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended
by changing the FLU designation of 0.138± acres of real property located at 8032 Northeast 2
City of Miami File ID: 16430 (Revision:) Printed On: 11/7/2024
Avenue, Miami, Florida, as described in "Exhibit A," attached and incorporated, from MDRC and
PPR to RC.
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 MCNP, 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 §380.0552, Florida Statutes or by the Administration Commission
pursuant to §380.05(1), Florida Statutes;
(d) Density will be RC, one hundred fifty (150) dwelling units per acre,
pursuant to the MCNP, as amended, and as may be further modified by the Miami 21
Code; and intensity will be as established in Article 4 of 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.'
APPROVED AS TO FORM AND CORRECTNESS:
ge = . Wye ng Ilf, C ty ttor' -y 9/17/2024
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: 16430 (Revision:) Printed On: 11/7/2024