HomeMy WebLinkAboutO-14072City of Miami
Ordinance 14072
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 6531 Final Action Date: 6/9/2022
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 "MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION AND UTILITIES" TO "RESTRICTED
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTIES LOCATED AT APPROXIMATELY 444 AND 460 SOUTHWEST 2
AVENUE, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami ("City") owns the properties located at approximately 444
and 460 Southwest 2 Avenue, as more particularly described in Exhibit "A", attached and
incorporated ("Property"); and
WHEREAS, the Property is currently designated "Major Institutional, Public Facilities,
Transportation and Utilities" on the Future Land Use Map ("FLUM") of Ordinance No. 10544, the
Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the City submitted a request to amend the FLUM designation of the
Property to "Restricted Commercial"; and
WHEREAS, the City submitted a companion application to change the zoning
classification of the Property from "Cl," Civic Institution Transect Zone, to "T6-36b-O," Urban
Core Transect Zone — Open; and
WHEREAS, the Property is comprised of two (2) parcels totaling approximately 3.15
acres (137,125 square feet); and
WHEREAS, the City seeks to incentivize high density, mixed -use development in the
Urban Central Business District ("UCBD") and in Residential Density Increase Areas ("RDIA")
near the City's urban core; and
WHEREAS, based on an examination of the existing land uses and observation by site
visit, the adjacent properties are primarily designated "Restricted Commercial;" and
WHEREAS, based on the United States Census Bureau's American Community Survey,
over forty percent (40%) of residents within the Census Block Group in which the Property is
located are Rental Cost Burdened and over forty-five percent (45%) of families in the Census
Block Group live below the Poverty Line; and
City of Miami Page 1 of 3 File ID: 6531 (Revision:) Printed On: 6/13/2025
File ID: 6531 Enactment Number: 14072
WHEREAS, analysis of the City's Levels of Service has shown that the proposed
change to the FLUM would not result in an increase in population; and
WHEREAS, analysis of the City's Levels of Service has shown that all levels of service
appear able to be met, with the exception of School and Transportation Concurrency; and
WHEREAS, the Miami -Dade County School Board determined that existing elementary
school capacity is not sufficient for the requested changes and that mitigation may be required
at time of redevelopment; and
WHEREAS, the City's Office of Capital Improvements recommends the City provide
more information on how transportation impacts could be mitigated at the time of
redevelopment; and
WHEREAS, the City's Planning Department recommends approval of the request to
amend the FLUM for the Property as this change will establish a proper transition between
FLUM designations; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 18, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-
19-043 by a vote of six to one (6-1), Item No. PZAB.3, recommending approval of the
amendment seeking to change the FLUM designation of the properties from "Major Institutional,
Public Facilities, Transportation and Utilities" to "Restricted Commercial"; and
WHEREAS, the City Commission has considered 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, 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 the 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. The FLUM of the MCNP, pursuant to small-scale amendment procedures
subject to Section 163.3187, Florida Statutes, is amended by changing the FLUM designation of
3.15 ± acres of the Property, as more particularly described in Exhibit "A", attached and
incorporated, from "Major Institutional, Public Facilities, Transportation and Utilities" to
"Restricted Commercial".
Section 3. It is found that this FLUM designation change in the MCNP involves a use of
ten (10) acres or fewer and:
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File ID: 6531 Enactment Number: 14072
(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 120 acres in a
calendar year;
(c) The proposed amendment does not involve a text change to goals,
policies, or objectives of the 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 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 "Restricted Commercial," 500 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 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:
ndez, City Attor ey ) 10/7/2019
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 Page 3 of 3 File ID: 6531 (Revision:) Printed on: 6/13/2025