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Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14675 Final Action Date: 6/27/2024
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 "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO
"COMMERCIAL RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY AT 171 NORTHEAST 42 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
by a vote of to ( - ), Item No. PZAB._ , recommending
of the small scale Land Use Designation Change; and
WHEREAS, the property located at 171 Northeast 42 Street, Miami, Florida, as more
particularly described in Exhibit "A," attached and incorporated, ("Property") has a current future
land use designation of "Medium Density Multi -Family Residential"; and
WHEREAS, Arthur Noriega V, City Manager of the City of Miami, ("Applicant") 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 "Commercial Recreation"; and
WHEREAS, Design District Plex LLC ("Owner") owns the Property; and
WHEREAS, Owner requested the change and voluntarily proffered a public access
easement as described herein; and
WHEREAS, concurrently the Applicant is requesting a change to the Zoning Atlas of
Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, ("Miami 21
Code") as a companion application (ePlan ID: PZ-23-16589); and
WHEREAS, the companion application seeks to change the Property's zoning
designation on the Zoning Atlas from "T3-O," Sub -Urban Transect Zone —Open, to "CS," Civic
Space Zone; and
WHEREAS, the Property site is 0.11 ± acres in size and is located within the historic
Buena Vista East District; and
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File ID: 14675 Enactment Number:
WHEREAS, the proposed FLUM amendment and associated rezone will allow for the
development and operation of the Property as a public mini -park ("Mini -Park", in perpetuity; and
WHEREAS, the Property Owner intends to develop the Property with a park on the
ground level surface of the Property and a below -grade private parking garage containing a
vehicular entrance ramp into the Parking Garage from Northeast 42 Street, as shown on the
conceptual plans labeled Exhibit "C," attached and incorporated; and
WHEREAS, the Owner seeks to grant a perpetual, non-exclusive easement in favor of
the City in, upon, and through the area of the Property being located on the ground surface level
of the Property, a draft of which is attached and incorporated as Exhibit "B," while retaining
perpetual exclusive rights to the Entrance Ramp, the Parking Garage, and all other below grade
areas and subterranean rights in the Property; and
WHEREAS, the proposed "CS," Civic Space Transect Zone classification in the
companion application and the proposed "Commercial Recreation" classification in this
application eliminates density and substantially limits intensity and allowable uses; 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, 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 and general welfare of the City and its inhabitants to approve
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 if 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 approximately 0.11 ± acres of real property at
171 Northeast 42 Street, Miami, Florida from "Medium Density Multi -Family Residential" to
"Commercial Recreation," as described in "Exhibit A," attached and incorporated.
Section 3. It is found that this amendment to the MCNP FLUM designation involves a
use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(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;
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(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 not applicable, 0 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, 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.
f 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.'
APPROVED AS TO FORM AND CORRECTNESS:
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.
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