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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 5094 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 2512, 2522, 2534, 2542, AND 2550 SOUTHWEST 1 STREET AND 2515, 2527, 2535, 2541, AND 2551 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 2512, 2522, 2534, 2542, and 2550 SW 1 Street; 2515, 2527, 2535, 2541, and 2551 SW 2 Street [Commissioner Joe Carollo - District 3] APPLICANT(S): Melissa Tapanes, Esquire, on behalf of LFH 101 LLC, Miami Duplex Rental LLC, SW 2nd Street Investments LLC, and Little Havana Rentals LLC PURPOSE: This will amend the designation on the Future Land Use Map for the above properties from "Duplex Residential" to "Low Density Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended denial. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 3, 2018, by a vote of 7-2. City of Miami File ID: 5094 (Revision:) Printed On: 2/28/2025 City of Miami Legislation Ordinance Enactment Number:13822 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 5094 Final Action Date: 1/24/2019 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 "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT 2512, 2522, 2534, 2542, AND 2550 SOUTHWEST 1 STREET AND 2515, 2527, 2535, 2541, AND 2551 SOUTHWEST 2 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties located at 2512, 2522, 2534, 2542, and 2550 Southwest 1 Street and 2515, 2527, 2535, 2541, and 2551 Southwest 2 Street, Miami, Florida, as more particularly described in Exhibit "A," ("Property") have a current Future Land Use designation of "Duplex Residential"; and WHEREAS, Miami Duplex Rental LLC, SW 2nd Street Investments LLC, and Little Havana Rentals LLC (collectively, "Applicant") submitted a Comprehensive Plan Amendment application to change the Future Land Use designation to "Low Density Restricted Commercial"; and WHEREAS, the site is 1.89 ± acres in size and located in the Little Havana neighborhood and Neighborhood Enhancement Team ("NET") area; and WHEREAS, the proposed amendment would increase the allowed Density from eighteen (18) Dwelling Units per acre to thirty-six (36) Dwelling Units per acre; and WHEREAS, the proposed amendment would permit a variety of non-residential Uses subject to applicable land development regulations; and WHEREAS, the Property is located in close proximity to many Miami -Dade County Transit buses and City of Miami ("City") Trolleys including West Flagler Street which qualifies as a Transit Corridor; and WHEREAS, added Density and Uses in close proximity to reliable transit such as the Properties meets the intent of the Miami Comprehensive Neighborhood Plan, as amended, ("MCNP"); and City of Miami File ID: 5094 (Revision:) Printed On: 2/28/2025 WHEREAS, the Planning Department recommends denial of the request as the proposed amendment is not harmonious with the existing character of the neighborhood and would change the existing character of the viable residential neighborhood; and WHEREAS, the Planning Department recommends "Major Institutional, Public Facilities, Transportation and Utilities" be considered as an alternative that would better respond to the nature and character of the surrounding neighborhood; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 3, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-051 by a vote of seven to two (7-2), Item No. PZAB. 2, recommending approval of the proposed amendment; and WHEREAS, consideration has been given as to whether the proposed amendment will further 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, consideration has been given the need and justification for the proposed amendment, including changing and changed conditions that make the passage of the proposed amendment necessary; and WHEREAS, the City Commission, after careful consideration of this matter and appropriate public hearing, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to approve this proposed amendment to the Future Land Use Map ("FLUM") as hereinafter set forth; 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. The City Commission amends Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use designation of the Property from "Duplex Residential" to "Low Density Restricted Commercial." Section 3. It is found that this Future Land Use 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, 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; (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; City of Miami File ID: 5094 (Revision:) Printed On: 2/28/2025 (e) Density will be "Low Density Restricted Commercial," thirty-six (36) Dwelling Units per acre, pursuant to the MCNP 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. 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 may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to Section 163.3187, Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor 1 ey ) 11/30/2018 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: 5094 (Revision:) Printed On: 2/28/2025