HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk �caa
FROM: Victoria Mendez, City Attorney
DATE: August 11 2023
RE: Ordinance No. 14196 — Land Use — 131 Northwest 75 Street, 134 Northwest
76 Street, 120 Northwest 76 Street, 139 Northwest 75 Street, 7521 Northwest
1st Court, 7531 Northwest 1st Court, 115 Northwest 75th Street, 7510
Northwest 1st Avenue, and 7522 Northwest 1st Avenue, Miami, Florida.
File No. 13731
At its July 27, 2023 meeting, the City Commission adopted the above referenced agenda
item, PZ.4, approving 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 Section 163.3187, Florida Statutes, by changing the Future Land Use
designation of 1.70 ± acres of real property at 131 Northwest 75th Street, 134 Northwest 76th
Street, 120 Northwest 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court, 7531
Northwest 1st Court, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7522
Northwest 1st Avenue, Miami, Florida from "Medium Density Multifamily Residential" to
"General Commercial." The title of the legislation contained a correct description of the
properties and was properly noticed. While the correct legal description of the property was
included in the backup, as well as an Exhibit to the companion Legislation, the Legislation for
this file inadvertently printed with an incorrect Exhibit "A."
The correct Exhibit "A" has been uploaded to the file and the file has been incremented
to Revision A.
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Enclosure(s)
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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13731
Final Action Date:
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 MULTIFAMILY RESIDENTIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY AT 131 NORTHWEST 75TH STREET, 134 NORTHWEST
76TH STREET, 120 NORTHWEST 76TH STREET, 139 NORTHWEST ;
75TH STREET, 7521 NORTHWEST 1ST COURT, 7531 NORTHWEST -1ST
COURT, 115 NORTHWEST 75TH STREET, 7510 NORTHWEST 1ST,r:.
AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI, FLORIDA; AS "_=
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED A10
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property located at 131 Northwest 75th Street, 134 Northwest 76ft'
Street, 120 Northwest 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court531
Northwest 1st Court, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7-522
Northwest 1st Avenue, Miami, Florida ("Property") has a current future land use designation of
"Medium Density Multifamily Residential"; and
WHEREAS, LRMF Equity Owner LLC ("Applicant") applied to the City of Miami ("City") to
amend the Future Land Use Map, as amended ("FLUM"), of the Miami Comprehensive
Neighborhood Plan, as amended ("MCNP"), to change the future land use designation of the
Property to "General Commercial"; and
WHEREAS, the site is 1.70 ± acres in size and increase the density from sixty-five (65)
dwelling units per acre to one hundred fifty (150) dwelling units per acre and allow the greatest
variety of Residential and Commercial Uses; and
WHEREAS, the predominant land use designations for the properties' immediate half -
mile study area are categorized as low to moderate density (18 — 65 dwelling units per acre)
Residential communities; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-035 by a
vote of eight to two (8-2), Item No. PZAB.10, recommending approval of the land use change;
and
City of Miami File ID: 13731 (Revision:) Printed On: 5/3/2023
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 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
recommend approval 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. Ordinance No. 10544, as amended, the FLUM of the MCNP, is hereby
amended pursuant to small scale amendment procedures subject to Section 163.3187, Florida
Statutes, by changing the Future Land Use designation of 1.70 ± acres of real property at 131
Northwest 75th Street, 134 Northwest 76th Street, 120 Northwest 76th Street, 139 Northwest
75th Street, 7521 Northwest 1st Court, 7531 Northwest 1st Court, 115 Northwest 75th Street,
7510 Northwest 1st Avenue, and 7522 Northwest 1st Avenue, Miami, Florida from "Medium
Density Multifamily Residential" to "General Commercial", as described in "Exhibit A," attached
and incorporated.
^a
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of fifty (50) acres or fewer and: Po
(a) Is necessary due to changed or changing conditions; �_ ��'
(b) The proposed amendment does not involve a text change to goats, poli es,ter
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.; Hoover,
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 one hundred fifty (150) dwelling units per acre, pursuant to the
MCNP, 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 File ID: 13731 (Revision:) Printed On: 5/3/2023
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:
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: 13731 (Revision:) Printed On: 5/3/2023
City of Miami
Ordinance 14196
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13731 Final Action Date: 7/27/2023
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 MULTIFAMILY
RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY AT 131 NORTHWEST 75TH
STREET, 134 NORTHWEST 76TH STREET, 120 NORTHWEST 76TH
STREET, 139 NORTHWEST 75TH STREET, 7521 NORTHWEST 1ST COURT,
7531 NORTHWEST 1ST COURT, 115 NORTHWEST 75TH STREET, 7510
NORTHWEST 1ST AVENUE, AND 7522 NORTHWEST 1ST AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 131 Northwest 75th Street, 134 Northwest 76th
Street, 120 Northwest 76th Street, 139 Northwest 75th Street, 7521 Northwest 1st Court, 7531
Northwest 1st Court, 115 Northwest 75th Street, 7510 Northwest 1st Avenue, and 7522
Northwest 1st Avenue, Miami, Florida ("Property") has a current future land use designation of
"Medium Density Multifamily Residential"; and
WHEREAS, LRMF Equity Owner LLC ("Applicant") applied to the City of Miami ("City") to
amend the Future Land Use Map, as amended ("FLUM"), of the Miami Comprehensive
Neighborhood Plan, as amended ("MCNP"), to change the future land use designation o` the -
Property to "General Commercial"; and
WHEREAS, the site is 1.70 ± acres in size and increase the density from sixt fhre (4) rri
dwelling units per acre to one hundred fifty (150) dwelling units per acre and allow tf rea st C .)
variety of Residential and Commercial Uses; and
WHEREAS, the predominant land use designations for the properties' Fite of
mile study area are categorized as low to moderate density (18 — 65 dwelling units per ac
Residential communities; and'
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-035 by a
vote of eight to two (8-2), Item No. PZAB.10, recommending approval of the land use change;
and
City of Miami Page 1 of 3 File ID: 13731 (Revision: A) Printed On: 8/17/2023
File ID: 13731 Enactment Number: 14196
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 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
recommend approval 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. Ordinance No. 10544, as amended, the FLUM of the MCNP, is hereby
amended pursuant to small scale amendment procedures subject to Section 163.3187, Florida
Statutes, by changing the Future Land Use designation of 1.70 ± acres of real property at 131
Northwest 75th Street, 134 Northwest 76th Street, 120 Northwest 76th Street, 139 Northwest
75th Street, 7521 Northwest 1st Court, 7531 Northwest 1st Court, 115 Northwest 75th Street,
7510 Northwest 1st Avenue, and 7522 Northwest 1st Avenue, Miami, Florida from "Medium
Density Multifamily Residential" to "General 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, polici,l,
or objectives of the City's comprehensive plan, but proposes a landuse
change to the future land use map for a site -specific development..Howevvr,
text changes that relate directly to, and are adopted simultaneousk witi}4e
small-scale FLUM amendment shall be permissible; •
•
(c) Is one which is not located within an area of critical state concern as o
designated by Section 380.0552, Florida Statutes or by the Administration
Commission pursuant to Section 380.05(1), Florida Statutes;
(d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the
MCNP, 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: 13731 (Revision: A) Printed on: 8/17/2023
File ID: 13731
Enactment Number: 14196
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:
4/17/2023 t6ria
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: 13731 (Revision: A) Printed on: 8/17/2023