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Home My WebLink AboutO-14259City of Miami Ordinance 14259 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14683 Final Action Date: 3/14/2024 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 7816 NORTHWEST 2 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Applicant has 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 "Low Density Restricted Commercial"; and WHEREAS, the property is located at 7816 Northwest 2 Court, Miami, Florida (the "Property") and has a current MCNP's Future Land Use (FLU) designation of "Duplex Residential"; and WHEREAS, the site is ± 0.289 acres in size and is within a City -designated Transit Corridor Quarter -Mile Radius; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.1.3 which provides: The City's zoning ordinance provides for the protection of all areas of the city from (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man- made amenities;... Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City's land development regulations; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.1.7 which provides: Land development regulations and policies will allow for the development and redevelopment of well -designed mixed -use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit; and City of Miami Page 1 of 3 File ID: 14683 (Revision:) Printed On: 7/24/2025 File ID: 14683 Enactment Number: 14259 WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Land Use Element, Policy LU-1.6.4 which provides: Any proposal to amend the City's Zoning Atlas that has been deemed to require an amendment to the Future Land Use Plan Map by the Planning Department, shall require a level of service (LOS) review and a finding from the Planning Department that the proposed amendment will not result in a LOS that falls below the adopted minimum standards described in Policy CI-1.2.3, and will not be in conflict with any element of the MCNP. Based on its evaluation, and on other relevant planning considerations, the Planning Department will forward a recommended action on said amendment to the Planning Advisory Board, which will then forward its recommendation to the City Commission; and WHEREAS, this Comprehensive Plan Amendment application aligns with the MCNP's Transportation Element, Policy TR-1.1.5 which provides: "The City will encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers"; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 120 by a vote of six to two (6-2), Item No. PZAB.9, 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 Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Ordinance No. 13114; 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 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 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 fully set forth in this Section. Section 2. The City Commission approves an amendment to Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, by changing the Future Land Use designation of ± 0.289 acres of real property at 7816 Northwest 2 Court, Miami, Florida from "Duplex Residential" to "Low 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: 14683 (Revision:) Printed on: 7/24/2025 File ID: 14683 Enactment Number: 14259 (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 §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes; (d) Density will be thirty-six (36) dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as established in Article 4 of the Miami 21 Code; 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. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof, pursuant and subject to Section 163.3184(12), Florida Statutes and Section 163.3187(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 1/16/2024 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: 14683 (Revision:) Printed on: 7/24/2025