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City of Miami
Ordinance 14079
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11324
Final Action Date: 7/28/2022
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 "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF THE REAL PROPERTIES AT 8038 NORTHEAST 2
AVENUE (WESTERN PORTION) AND 165 NORTHEAST 80 TERRACE, MIAMI,
FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A";
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Qualcon Little River Active Zone Business, LLC ("Applicant") applied to
amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan
("MCNP") to change the future land use designation of the properties located at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace (collectively, "Property") as described in Exhibit "A",
attached and incorporated, that is currently designated as "Medium Density Restricted
Commercial" to "Restricted Commercial"; and
WHEREAS, in total, the Property is 2.16 ± acres in size; and
WHEREAS, the Applicant's request applies only to the portion of Property currently
designated "Medium Density Multifamily Restricted Commercial," which is estimated to be
approximately 1.42 acres; and Fi
WHEREAS, the Property is located immediately north of the Little River Commerce I4-k
and contains a telecommunication facility and has operated on the site for approximaW70�
years; and o=° W
r-
0
WHEREAS, the Property is in the Little Haiti Area; and
WHEREAS, the Property lies within an Opportunity Zone; and
WHEREAS, the Property is within a quarter -mile of a Transit Corridor; and
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7)
WHEREAS, the existing "Medium Density Restricted Commercial" future land use
designation is primarily intended to allow residential uses and commercial uses with a
residential density of sixty-five (65) dwelling units per acre and to facilitate the ability to develop
a mixed occupancy within a unit; and
City of Miami
Page 1 of 3 File ID: 11324 (Revision: A) Printed On: 4/13/2023
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11324 - Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
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File ID: 11324
Enactment Number: 14079
WHEREAS, the Applicant's proposed "Restricted Commercial" land use designation
allows similar mixed uses of residential and commercial activity; and
WHEREAS, the proposed "Restricted Commercial" land use designation is often located
along arterial or collector roadways while also allowing a maximum residential density
equivalent to "High Density Multifamily Residential"; and
WHEREAS, the Applicant states in its Letter of Intent ("LOI") that the existing "Medium
Density Restricted Commercial" land use designation no longer fits the neighborhood due to the
demand in mixed -use development; and
WHEREAS, Miami -Dade County land use code data shows that fifty-four percent (54%)
of existing uses in the area are residential; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 5, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
001 by a vote of six to one (6-1), Item No. PZAB.3, recommending approval of the zoning
change; and
WHEREAS, the City Commission has considered the goals, objectives, and pgiciek4of
the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,'s
amended ("Miami 21 Code"), and all other City regulations; and nr a
WHEREAS, the City Commission has considered the need and justification gr he_ crnj
proposed change, including changing and changed conditions that make the passa f tie' rn
proposed change necessary; and E.2 -17 <
WHEREAS, the City Commission, after careful consideration of this matter, d$amsd
advisable and in the best interest of the general welfare of the City and its inhabitant#o
recommend approval of this amendment to the FLUM of the MCNP 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
small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended
by changing the Future Land Use designation of 1.42 ± acres of real property at 8038 Northeast
2 Avenue and 165 Northeast 80 Terrace, Miami, Florida from "Medium Density Restricted
Commercial" to "Restricted Commercial," as described in "Exhibit A," attached and incorporated.
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 120 acres in a
calendar year;
City of Miami Page 2 of 3 File ID: 11324 (Revision: A) Printed on: 4/13/2023
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 11324
Enactment Number: 14079
(c) The proposed amendment does not involve a text change to goals,
policies, or objectives of the City's comprehensive plan, 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 Future Land Use Map amendment shall
be permissible;
(d) Is one which is not located within an area of critical state concern as
designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Density will be "Restricted Commercial", 150 dwelling units per acre,
pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as
established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; 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, §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:
na
Sity ttor
5/17/2022 ria
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: 11324 (Revision: A) Printed on: 4/13/2023
SUBSTITUTED
City of Miami
Legislation
Ordinance
Enactment Number
File Number: 11324
City Hall
3500 Pan Ameican Driv
Miami, FL 33133
www.miamigov.
Final Acti
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDI
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAN
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLA
TO SMALL SCALE AMENDMENT PROCEDURES SUBJE
SECTION 163.3187, FLORIDA STATUTES, BY CHANG
LAND USE DESIGNATION FROM "MEDIUM DENSI
COMMERCIAL" TO "RESTRICTED COMMERCIAL"
DESCRIBED HEREIN OF THE REAL PROPERTI
NORTHEAST 2 AVENUE (WESTERN PORTIO
80 TERRACE, MIAMI, FLORIDA, ALL AS MO
DESCRIBED IN EXHIBIT "A"; MAKING FIND
SEVERABILITY CLAUSE; AND PROVIDI
WHEREAS, Qualcon Little River Active Zo
amend the Future Land Use Map ("FLUM") of th
("MCNP") to change the future land use desig
2 Avenue and 165 Northeast 80 Terrace (co
attached and incorporated, that is current)
Commercial" to "Restricted Commercial".
SE MAP
PURSUANT
TO
G THE FUTURE
ESTRICTED
F THE ACREAGE
AT 8038
AND 165 NORTHEAST
PARTICULARLY
GS; CONTAINING A
FOR AN EFFECTIVE DATE.
Date:
Business, LLC ("Applicant") applied to
Miami Comprehensive Neighborhood Plan
tion of the properties located at 8038 Northeast
ectively, "Property") as described in Exhibit "A",
designated as "Medium Density Restricted
and
WHEREAS, in total, the Pro• -rty is 2.16 ± acres in size; and 0
-T1
WHEREAS, the Applica s request applies only to the portion of Property ctntlys.
designated "Medium Density ultifamily Restricted Commercial," which is estimated6;be 33
approximately 1.42 acres; a d
WHEREAS, the roperty is located immediately north of the Little River Corrc
and contains a teleco munication facility and has operated on the site for approxinately
years; and
WHER
, the Property is in the Little Haiti Area; and
WH ' EAS,
HEREAS,
the Property lies within an Opportunity Zone; and
the Property is within a quarter -mile of a Transit Corridor; and
WHEREAS, the existing "Medium Density Restricted Commercial" future land use
d ignation is primarily intended to allow residential uses and commercial uses with a
sidential density of sixty-five (65) dwelling units per acre and to facilitate the ability to develop
a mixed occupancy within a unit; and
Fri
C)
m
, -7)
City of Miami File ID: 11324 (ReWslon:) Printed On: 7/19/2022
SUBSTITUTED
WHEREAS, the Applicant's proposed "Restricted Commercial" land use designation
allows similar mixed uses of residential and commercial activity; and
WHEREAS, the proposed "Restricted Commercial" land use designation is often locate
along arterial or collector roadways while also allowing a maximum residential density
equivalent to "High Density Multifamily Residential"; and
WHEREAS, the Applicant states in its Letter of Intent ("LOI") that the existing " dium
Density Restricted Commercial" land use designation no longer fits the neighborhood : ue to the
demand in mixed -use development; and
WHEREAS, Miami -Dade County land use code data shows that fifty-fo percent (54%)
of existing uses in the area are residential; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), a is meeting on
January 5, 2022, following an advertised public hearing, adopted Resol . ion No. PZAB-R-22-
001 by a vote of six to one (6-1), Item No. PZAB.3, recommending a• •roval of the zoning
change; and
WHEREAS, the City Commission has considered the g•:Is, objectives, and policies of
the MCNP, Ordinance No. 13114, the Zoning Ordinance of th City of Miami, Florida, as
amended ("Miami 21 Code"), and all other City regulations; : nd o N
CAI
WHEREAS, the City Commission has consider- . the need and justification t"Che
proposed change, including changing and changed c• ditions that make the passagerbf tt' rrl
proposed change necessary; and m
WHEREAS, the City Commission, after r reful consideration of this matter, Kieima rn
advisable and in the best interest of the gener:I welfare of the City and its inhabitanTsto w Cl
recommend approval of this amendment to e FLUM of the MCNP as hereinafter seorttg-
NOW, THEREFORE, BE IT OR►AINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals an. findings contained in the Preamble to this Ordinance are
adopted by reference and incor►orated as fully set forth in this Section.
Section 2. Ordinan No. 10544, as amended, the FLUM of the MCNP, pursuant to
small scale amendment p-•cedures subject to Section 163.3187, Florida Statutes, is amended
by changing the Future and Use designation of 1.42 ± acres of real property at 8038 Northeast
2 Avenue and 165 N. heast 80 Terrace, Miami, Florida from "Medium Density Restricted
Commercial" to "Re : ricted Commercial," as described in "Exhibit A," attached and incorporated.
Section It is found that this Comprehensive Plan designation change involves a use
of ten (10) ac -s or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The cumulative annual effect of the acreage for all small-scale
devel• •ment amendments adopted by the City does not exceed a maximum of 120 acres in a
cale dar year;
(c) The proposed amendment does not involve a text change to goals,
olicies, or objectives of the City's comprehensive plan, but proposes a land use change to the
future land use map for a site -specific development. However, text changes that relate directly
City of Miami File ID: 11324 (Revision:) Printed On: 7/19/2022
SUBSTITUTED
to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall
be permissible;
(d) Is one which is not located within an area of critical state concern as
designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Density will be "Restricted Commercial", 150 dwelling units per .cre,
pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity ll be as
established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amen• d; and
(f) The proposed amendment complies with the applicable - reage and
density limitations set forth in the Local Government Comprehensive Planning a Land
Development Regulation Act including, without limitation, §163.3187, Florida atutes.
Section 4. If any section, part of a section, paragraph, clause, phra - - , or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance -hall not be affected.
Section 5. This Ordinance shall become effective thirty-one ) days after second
reading and adoption thereof pursuant and subject to Section 163. 87(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ria
r dey ttor
ey 5/17/2022
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: 11324 (Revision:) Printed On: 7/19/2022