HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 5579
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO AN EXPEDITED STATE
REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184,
FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE
DESIGNATION FROM "LIGHT INDUSTRIAL" TO "GENERAL
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTIES LOCATED AT 240, 270, 352, 372, 382, 301, 320, 250, 262,
365, 298, 300, 310, 340, 371, 353, AND 288 NORTHEAST 61 STREET;
401, 300, AND 415 NORTHEAST 62 STREET; 334, 350, AND 370
NORTHEAST 60 STREET; AND 6300, 6380, 6301, 6350, 5972, 5974,
AND 5952 NORTHEAST 4 AVENUE, MIAMI, FLORIDA; AND BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "MEDIUM
DENSITY RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"
OF THE ACREAGE DESCRIBED HEREIN FOR A PORTION OF THE
REAL PROPERTY AT 6001 NORTHEAST 2 AVENUE, MIAMI, FLORIDA,
ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 240, 352, 372, 382, 301, 320, 270, 250, 262, 365, 298, 300, 310,
340, 371, 353, 288 NE 61 Street, 401, 300, and 415 NE 62 Street, 334, 350, and 370 NE 60
Street, 6300, 6380, 6301, 6350, 5972, 5974 and 5952 NE 4 Avenue and 6001 NE 2 Avenue
[Commissioner Keon Hardemon - District 5]
APPLICANT(S): Neisen Kasdin, Esquire, on behalf of MCD Miami, LLC
PURPOSE: This will amend the designation on the Future Land Use Map for the above
properties from "Light Industrial" to "General Commercial" and from "Medium Density Restricted
Commercial" to "General Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval, with modifications, on
July 18, 2018, by a vote of 7 - 2. The modifications approved were those requested by the
Applicant at the PZAB meeting, changing their initial application request.
City of Miami File ID: 5579 (Revision:) Printed On: 3/4/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 5579 Final Action Date: 3/28/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENTS, AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO AN EXPEDITED STATE
REVIEW PROCESS AS ESTABLISHED IN SECTION 163.3184, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION
FROM "LIGHT INDUSTRIAL" TO "GENERAL COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED AT
240, 270, 352, 372, 382, 301, 320, 250, 262, 365, 298, 300, 310, 340, 371,
353, AND 288 NORTHEAST 61 STREET; 401, 300, AND 415
NORTHEAST 62 STREET; 334, 350, AND 370 NORTHEAST 60 STREET;
AND 6300, 6380, 6301, 6350, 5972, 5974, AND 5952 NORTHEAST 4
AVENUE, MIAMI, FLORIDA; AND BY CHANGING THE FUTURE LAND
USE DESIGNATION FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN FOR A PORTION OF THE REAL PROPERTY AT
6001 NORTHEAST 2 AVENUE, MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 240, 270, 352, 372, 382, 301, 320, 250, 262, 365,
298, 300, 310, 340, 371, 353 and 288 Northeast 61 Street; 401, 300, and 415 Northeast 62
Street; 334, 350, and 370 Northeast 60 Street; and 6300, 6380, 6301, 6350, 5972, 5974, and
5952 Northeast 4 Avenue, Miami, Florida have a current Future Land Use designation of "Light
Industrial" and a portion of the property located 6001 Northeast 2 Avenue, Miami, Florida has a
current Future Land Use designation of "Medium Density Restricted Commercial," all as more
particularly described in Exhibit "A," attached and incorporated (collectively, "Properties"); and
WHEREAS, MCD Miami, LLC, a Delaware limited liability company, and co -applicants
as listed in Exhibit "B," attached and incorporated (collectively, "Applicant"), submitted a
Comprehensive Plan Amendment application for the Properties, to change the Future Land Use
designation to "General Commercial"; and
WHEREAS, the Applicant initially requested a Future Land Use designation of
"Restricted Commercial" for the Properties; and
WHEREAS, at the Planning, Zoning and Appeals Board ("PZAB") hearing on July 18,
2018, the Applicant modified its request to change the Future Land Use designation of the
Properties to "General Commercial" because "General Commercial" allows select light industrial
uses, which the Applicant requests for its accompanying rezoning application and which uses
are most economically beneficial for the City of Miami ("City") in this area; and
City of Miami File ID: 5579 (Revision:) Printed On: 3/4/2025
WHEREAS, the site for the companion application for the companion Special Area Plan
("SAP"), as described below, is 17.75 ± acres in total size and mostly located in the Little Haiti
neighborhood as defined by Resolution No. 16-0251 adopted on May 26, 2016; and
WHEREAS, the request is to amend the Future Land Use designation for 14.97 ± acres
of the Properties; and
WHEREAS, the Properties are located between the Florida East Coast railroad,
Northeast 2 Avenue, and the Little Haiti Soccer Park; and
WHEREAS, the Applicant submitted a companion SAP application pursuant to Article 3
and Article 7 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as
amended ("Miami 21 Code"), for the Magic City Innovation District SAP ("Magic City SAP") that
would convert the largely industrial space into a mixed -use development; and
WHEREAS, the proposed amendment allows a base density of 150 dwelling units per
acre, resulting in 2,246 dwelling units for the 14.97 ± acre site, for which a Concurrency
Management Analysis was conducted; and
WHEREAS, adequate public facilities have been shown to exist for all facilities except
for Solid Waste Collection and Transportation; and
WHEREAS, the Applicant has proffered Transportation Control Measures ("TCMs") to
address the anticipated failures in levels of service ("LOS") as a result of the development of the
project and the Office of Capital Improvements has issued a Sufficiency Letter, thus preventing
an inconsistency with the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the City's Director of Solid Waste has reviewed the Applicant's amendment
to the Future Land Use Map ("FLUM") and finds that the existing Solid Waste Franchise
Agreement is flexible enough to address the impact from the project over time, without causing
a failure in LOS, thus preventing an inconsistency with the MCNP; and
WHEREAS, the Applicant submitted an application to test School Concurrency for 3,485
dwelling units, a density that may be allowed through the Affordable and Attainable Mixed -
Income Housing provisions adopted in the MCNP through Ordinance No. 13666 and provided
for within the provisions of the Miami 21 Code, with a preliminary finding from Miami -Dade
County Public Schools that adequate capacity exists for this density; and
WHEREAS, the Haitian -American population of Little Haiti varies between 35%-76%,
depending on the Census Tract, and 64.6% of children in this community, below the age of
eighteen (18), live at or below the poverty level; and
WHEREAS, less than five percent (5%) of land within the City is designated as
"Industrial" or "Light Industrial;" and
WHEREAS, fifty percent (50%) of the land within one quarter (1/4) mile of the Properties
is designated as "Industrial" or "Light Industrial;" and
WHEREAS, the Bureau of Labor Statistics and the United States Census Bureau
demonstrate that the four (4) most common employment sectors in the City are Office and
Administrative Support, Sales and Related Occupations, Food Preparation and Related
Occupations, and Transportation and Material Moving; and
City of Miami File ID: 5579 (Revision:) Printed On: 3/4/2025
WHEREAS, these employment sectors offer wages below the City's Median Income of
$36,642.00 per year; and
WHEREAS, staff analysis provides a literature review demonstrating that urban
industrial land uses are supportive of economic functions that are compatible with urban cores
and supportive of living wages for residents with ranges of educational and cultural
backgrounds; and
WHEREAS, the Magic City SAP proposes a development program focusing on
residential, commercial, office, research, and entertainment uses; and
WHEREAS, the PZAB, at its meeting on July 18, 2018, following an advertised public
hearing, adopted Resolution No. PZAB-R-18-036 by a vote of seven to two (7 - 2), Item No.
PZAB.12, recommending approval of the large-scale Land Use Designation Change as stated
herein; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the 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 MCNP amendment to the 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 fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to
Expedited State Review procedures subject to Section 163.3184, Florida Statutes, is amended
by changing the Future Land Use designation of 14.97 ± acres of the Properties from "Light
Industrial" to "General Commercial" and a portion of the property located at 6001 Northeast 2
Avenue, Miami, Florida from "Medium Density Restricted Commercial" to "General Commercial",
all as more particularly described in Exhibit "A," attached and incorporated.
Section 3. It is found that this Comprehensive Plan designation change:
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review Process pursuant to Section
163.3184, Florida Statutes;
(c) Does not involve a text change to goals, policies, or objectives of the
City's MCNP 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 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
City of Miami File ID: 5579 (Revision:) Printed On: 3/4/2025
Administration Commission pursuant to Section 380.05(1), Florida
Statutes; and
(e) WII have the density allowed in "General Commercial", 150 dwelling
units per acre, pursuant to the MCNP and intensity will be as
established in the Miami 21 Code.
Section 4. The City Manager is directed to instruct the Director of the Planning
Department to transmit a copy of this proposed amendment to the reviewing agencies and any
other local government or governmental agency that has filed a written request within ten (10)
business days after First Reading and to consider all comments received for any necessary
revisions for Second Reading pursuant to §163.3184, Florida Statutes.
Section 5. The City Manager is further directed to instruct the Director of the
Planning Department to promptly transmit, within (10) working days after Second Reading, a
copy of the adopted amendment along with supporting data and analysis to the State Land
Planning Agency and all agencies or local governments that provided timely comments after
First Reading.
Section 6. 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 7. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not
timely challenged, shall become effective thirty-one (31) days after the State of Florida's
("State") planning agency notifies the City that the plan amendment package is complete. If the
amendment is timely challenged, this amendment shall become effective on the date the State's
land planning agency or the Administration Commission enters a final order determining this
adopted amendment to be in compliance.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor ey 3/4/2019
ndez, ity Nttor
3/18/2019
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: 5579 (Revision:) Printed On: 3/4/2025