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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 3144 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY .85 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 704 SOUTHWEST 7 AVENUE AND 712, 716, 720, AND 734 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 704 SW 7 Ave, 712, 716, 720, and 734 SW 7 St. [Commissioner Joe Carollo - District 3] APPLICANT(S): Melissa Tapanes-Llahues, Esq., on behalf of 701 Associates, LLC and Miami Automotive Retail, Inc. PURPOSE: This will change the above properties from "Medium Density Restricted Commercial" to "Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended denial PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 16, 2017, by a vote of 9-2. City of Miami File ID: 3144 (Revision:) Printed On: 2/3/2025 City of Miami Legislation Ordinance Enactment Number:13731 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 3144 Final Action Date: 1/11/2018 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 APPROXIMATELY .85 ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 704 SOUTHWEST 7 AVENUE AND 712, 716, 720, AND 734 SOUTHWEST 7 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 16, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-068 by a vote of nine to two (9-2), Item No. PZAB.8, recommending approval of the small scale Land Use Designation Change as stated herein; and WHEREAS, the properties located at approximately 704 Southwest 7 Avenue and 712, 716, 720, and 734 Southwest 7 Street, Miami, Florida, as more particularly described in Exhibit "A" ("Properties"), have a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, 701 Associates, LLC and Miami Automotive Retail, Inc. (collectively, "Applicant") have submitted a request to change the future land use designation of the Properties to "Restricted Commercial"; and WHEREAS, the proposed future land use designation change is appropriate in light of the intent of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and particularly in relation to the effects on adjoining properties; and WHEREAS, the City Commission has considered the recommendation of the PZAB; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City of Miami ("City") regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing conditions that make the passage of the proposed legislation necessary; and City of Miami File ID: 3144 (Revision:) Printed On: 2/3/2025 WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; NOW, THEREFORE, BE IT ORDAINED BY THE 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 if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), is amended by changing the Future Land Use designation of the Properties from "Medium Density Restricted Commercial" to "Restricted Commercial." Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (10) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the City does not exceed a maximum of one hundred twenty (120) acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the City's comprehensive plan 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; (d) 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; (e) Density will be equivalent to "High Density Multifamily Residential", or one hundred fifty (150) dwelling units per acre, pursuant to the MCNP, as amended, and intensity will be as established in Article 4 of the Miami 21 Code; and (f) 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. 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: 3144 (Revision:) Printed On: 2/3/2025 APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 3144 (Revision:) Printed On: 2/3/2025