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Home My WebLink AboutO-13985City of Miami Ordinance 13985 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 7887 Final Action Date: 3/25/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, PURSUANT TO AN EXPEDITED STATE REVIEW PROCESS ESTABLISHED BY SECTION 163.3184(3), FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF APPROXIMATELY 87.646 ACRES OF REAL PROPERTIES LOCATED BETWEEN 1-195 ON THE NORTH, 1-95 ON THE WEST, NORTHWEST 29TH STREET ON THE SOUTH, AND NORTH MIAMI AVENUE ON THE EAST, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL" AND "RESTRICTED COMMERCIAL"; FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL"; FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "HIGH DENSITY MULTIFAMILY RESIDENTIAL," "RESTRICTED COMMERCIAL," AND "GENERAL COMMERCIAL"; FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" AND "GENERAL COMMERCIAL"; FROM "RESTRICTED COMMERCIAL" TO "GENERAL COMMERCIAL"; AND FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO "GENERAL COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 16, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 0040 by a vote of seven to three (7-3), Item No. PZAB.2, recommending approval of the proposed amendment as stated herein; and WHEREAS, there is a neighborhood in the City of Miami ("City") north of the Wynwood Neighborhood Revitalization District ("NRD-1") and west of the Midtown Special District (SD.27), previously referred to as Little San Juan; and WHEREAS, this neighborhood is generally bounded by Interstate 195 ("1-195") on the north, Interstate 95 ("1-95") on the west, Northwest 29th Street on the south, and North Miami Avenue on the east ("NRD-2 Boundaries"); and WHEREAS, this neighborhood is undergoing sudden change due to its proximity to the Wynwood Arts District, Midtown, and the Design District; and WHEREAS, in August 2018, a group of stakeholders of this neighborhood met to discuss potential improvements to the neighborhood; and City of Miami Page 1 of 4 File ID: 7887 (Revision: A) Printed On: 5/19/2025 File ID: 7887 Enactment Number: 13985 WHEREAS, in September 2018, this group of stakeholders formed the Wynwood Community Enhancement Association ("WCEA"); and WHEREAS, in November 2018, the WCEA had its first official public meeting; and WHEREAS, over the next several months, the WCEA worked together to develop a community vision plan with the help of design firm PlusUrbia and the law firm of Wernick & Co; and WHEREAS, on November 21, 2019, the City Commission unanimously adopted Resolution No. R-19-0472 supporting the effort; and WHEREAS, Resolution No. R-19-0472 directed the City Manager to review the Wynwood Norte Community Vision Plan and develop implementation tools, policies, and regulations with the assistance of the appropriate City staff and to make a final presentation to the City Commission for its consideration and further action; and WHEREAS, beginning in January 2020, the City's Planning Department began leveraging an existing tool called a Neighborhood Revitalization District ("NRD"), which was developed in 2015 with the implementation of the NRD-1 for the Wynwood Arts District; and WHEREAS, a NRD is an overlay district that uses the existing regulations in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), as a base but allows for the creation of new regulations and the calibration of existing regulations to better suit the needs of a specific neighborhood; and WHEREAS, NRDs typically have associated rezonings and amendments to the Future Land Use Map ("FLUM") of the Miami Comprehensive Plan ("MCNP"); and WHEREAS, this proposed FLUM amendment affects approximately 87.646 acres of real properties located within the NRD-2 Boundaries, as more particularly described in Exhibit "A", attached and incorporated, and as depicted in the map attached to the Staff Analysis; and WHEREAS, Exhibit "A", attached and incorporated, describes the properties and provides for the specific FLUM amendment for the specific properties within the NRD-2 Boundaries; and WHEREAS, this proposed FLUM amendment is necessary to allow the minimum residential density necessary to provide housing typologies that are appropriate and affordable to existing residents, allow the neighborhood to absorb new residents with minimized displacement, and provide a broader range and intensity of commercial uses along major corridors that transverse the neighborhood; and WHEREAS, the City Commission recommended approval of the FLUM amendment on first reading on October 22, 2020; and WHEREAS, the City transmitted the proposed FLUM amendment with the associated supporting materials to the following agencies, as required by Section 163.3184, Florida Statutes, in fulfillment of the Expedited State Review statutory process: Department of Economic Opportunity ("State Land Planning Agency"); - South Florida Regional Planning Council; City of Miami Page 2 of 4 File ID: 7887 (Revision: A) Printed on: 5/19/2025 File ID: 7887 Enactment Number: 13985 - South Florida Water Management District; - Florida Department of Education; Florida Department of Environmental Protection; - District Six Office of the Florida Department of Transportation; - Florida Department of State; and - Miami -Dade County; and WHEREAS, five (5) of the above agencies responded and found that the proposed amendment posed no adverse impact to resources under the respective agencies' jurisdictions, while the remaining three (3) agencies did not respond; and WHEREAS, the proposed FLUM amendment is necessary due to changed or changing conditions; and WHEREAS, the proposed FLUM amendment furthers the goals, objectives, and policies of the MCNP; and WHEREAS, the proposed FLUM amendment supports the goal of the Miami 21 Code centered on focused growth around transit; and WHEREAS, the City's Planning Department recommends approval of the proposed FLUM amendment; 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, 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 amend 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 if fully set forth in this Section. Section 2. The City Commission approves the amendment to the FLUM of Ordinance No. 10544, as amended, the Miami MCNP, pursuant to Expedited State Review amendment procedures subject to Section 163.3184, Florida Statutes, by changing the Future Land Use designation from "Duplex Residential" to "High Density Multifamily Residential" of 40.66 ± acres, from "Duplex Residential" to "Restricted Commercial" of 1.78 ± acres, from "Low Density Restricted Commercial" to "Restricted Commercial" of 1.59 ± acres, from "Medium Density Multifamily Residential" to "High Density Multifamily Residential" of 0.60 ± acres, from "Medium Density Multifamily Residential" to "Restricted Commercial" of 4.79 ± acres, from "Medium Density Multifamily Residential" to "General Commercial" of 0.34 ± acres, from "Medium Density Restricted Commercial" to "Restricted Commercial" of 22.38 ± acres, from "Medium Density Restricted Commercial" to "General Commercial" of 9.23 ± acres, from "Restricted Commercial" to "General Commercial" of 3.24 ± acres, and from "Major Institutional, Public Facilities, Transportation and Utilities" to "General Commercial" of 3.01 ± acres for specific properties in NRD-2 Boundaries as more particularly depicted in Exhibit "A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change: City of Miami Page 3 of 4 File ID: 7887 (Revision: A) Printed on: 5/19/2025 File ID: 7887 Enactment Number: 13985 (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 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 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. Section 4. The City Manager is directed to promptly transmit, within ten (10) working days after Second Reading, a copy of this amendment along with any supporting data and analysis to the State Land Planning Agency and any other agency or local government that provided timely comments under the Expedited State Review pursuant to Section 163.3184(3)(c), Florida Statutes. Section 5. 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 6. This Ordinance shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the adoption package is complete pursuant to Section 163.3184(3)(c)(4), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 4 of 4 File ID: 7887 (Revision: A) Printed on: 5/19/2025