HomeMy WebLinkAboutO-14143City of Miami
Ordinance 14143
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12831 Final Action Date: 2/9/2023
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 MULTIFAMILY
RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE
ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT APPROXIMATELY
430 NORTHWEST 9 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 430 Northwest 9 Street Miami, Florida
("Property") has a future land use designation of "Medium Density Multifamily Residential"; and
WHEREAS, Miami -Dade County ("County") applied to the City of Miami ("City") to
amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan
("MCNP") to change the future land use designation of the Property to "Medium Density
Restricted Commercial"; and
WHEREAS, the Property is a single parcel totaling approximately 30,000 square feet
(0.68 acres) of land; and
WHEREAS, the Property is located in the Southeast Overtown Park West Community
Redevelopment Area ("SEOPW CRA"); and
WHEREAS, analysis of the quarter -mile area surrounding the Properties shows that the
majority of such land is designated as either "Medium Density Multifamily Residential" or
"Restricted Commercial" on the FLUM; and
WHEREAS, the MCNP has a Correspondence Table, which establishes future land use
designations and Transects, as established pursuant to Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), that correspond with
each other based on density and intensity; and
WHEREAS, the Applicant requested to change the future land use designation for the
Property from "Medium Density Multifamily Residential" to "Medium Density Restricted
Commercial" with a companion rezone application that proposes to change the same Property
from "T5-R", Urban Center Transect — Restricted, to "T5-L", Urban Center Transect - Limited;
and
City of Miami Page 1 of 3 File ID: 12831 (Revision:) Printed On: 6/26/2025
File ID: 12831 Enactment Number: 14143
WHEREAS, the amendment would allow for an expansion of uses on the property for
commercial activities that generally serve the daily retailing and service needs of the public,
without an increase in density; and
WHEREAS, Girl Power Rocks, Inc., the proposed tenant of the Property owned by
Miami -Dade County, is a nonprofit organization which collaborates with the SEOPW CRA within
the City; and
WHEREAS, the expanded uses on the property allows Girl Power Rocks, Inc to promote
the mission of the SEOPW CRA through Mama Hattie's House, a center to create jobs, and
create ground -floor retail use, all in close proximity to mass transit and mixed -use opportunities
through the development; and
WHEREAS, the Property is located within a Transit Oriented Development area, and is
in close proximity to the Culmer and Historic Overtown Metrorail Stations, and the MiamiCentral
Brightline Station; and
WHEREAS, the City operates the Overtown trolley only half a block from the Property;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 7, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-
064 by a vote of eight to zero (8-0), Item No. PZAB.1, recommending approval of the small
scale Land Use Designation Change; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544, the Miami 21 Code, and all other City regulations; and
WHEREAS, 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, 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
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 0.68 ± acres of real property at 430 Northwest
9 Street, Miami, Florida from "Medium Density Multifamily Residential" to "Medium Density
Restricted Commercial" as described in "Exhibit A", attached and incorporated.
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
City of Miami Page 2 of 3 File ID: 12831 (Revision:) Printed on: 6/26/2025
File ID: 12831 Enactment Number: 14143
(b) 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;
(c) 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;
(d) Density will be "Medium Density Multifamily Residential", remaining at 65
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
(e) 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:
endez, ity Attor ey 1/3/2023
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: 12831 (Revision:) Printed on: 6/26/2025