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HomeMy WebLinkAboutO-14334City of Miami Ordinance 14334 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16649 Final Action Date: 11/21/2024 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 "RESTRICTED COMMERCIAL" FOR THE PROPERTIES GENERALLY LOCATED AT 625, 645, 675, 685, 650, 640, 630, AND 626 NORTHEAST 64 TERRACE, AND 635, 645, 655, 669, AND 685 NORTHEAST 64 STREET, AND FROM "RESTRICTED COMMERCIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL" FOR THE PROPERTIES LOCATED AT 610 NORTHEAST 64 TERRACE AND 629 NORTHEAST 64 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street have a current Future Land Use ("FLU") designation of "Medium Density Multifamily Residential" on the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"), as adopted by Ordinance No. 10544, as amended; and WHEREAS, the properties located at 610 Northeast 64 Terrace and 629 Northeast 64 Terrace have a current FLU designation of "Medium Density Multifamily Residential" and "Restricted Commercial" on the FLUM of the MCNP; and WHEREAS, Melissa Tapanes Llahues, Esquire, on behalf of Mimo Bay Apartments II LLC ("Applicant"), submitted a request to the City of Miami ("City") to amend the FLU designation on the FLUM of the MCNP from "Medium Density Multifamily Residential" to "Restricted Commercial" for the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace, and 635, 645, 655, 669, and 685 Northeast 64 Street, and from "Restricted Commercial" and "Medium Density Multifamily Residential" to "Restricted Commercial" for the properties located at 610 Northeast 64 Terrace and 629 Northeast 64 Terrace, Miami, Florida, all as more particularly described in the attached and incorporated Exhibit "A" ("Property"); and WHEREAS, the Property is an assemblage of fifteen (15) parcels totaling approximately 112,368 square feet (2.579 acres) of land; and WHEREAS, the request would result in a density increase from 65 dwelling units per acres to a one hundred fifty (150) dwelling units per acre; and City of Miami Page 1 of 3 File ID: 16649 (Revision:) Printed On: 8/8/2025 File ID: 16649 Enactment Number: 14334 WHEREAS, the request would result in expansion of uses from residential to commercial, lodging, and office activities that serve the daily retailing and service needs of the public; and WHEREAS, after review and analysis, the Planning Department recommended approval of the land use amendment; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 4, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24- 056 by a vote of five to two (5-2), Item No. PZAB.7, recommending approval of the small scale land use designation change on the FLUM of the MCNP; 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 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 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 §163.3187, Florida Statutes, should be amended by changing the FLU designation of 2.579 ± acres of real property from "Medium Density Multifamily Residential" to "Restricted Commercial" for the properties generally located at 625, 645, 675, 685, 650, 640, 630, and 626 Northeast 64 Terrace and 635, 645, 655, 669, and 685 Northeast 64 Street, and from "Restricted Commercial" and "Medium Density Multifamily Residential" to "Restricted Commercial" for the properties located at 610 Northeast 64 Terrace and 629 Northeast 64 Terrace, all as described in "Exhibit A," attached and incorporated. Section 3. It is found that this amendment to the FLU designation on the FLUM of the MCNP 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; City of Miami Page 2 of 3 File ID: 16649 (Revision:) Printed on: 8/8/2025 File ID: 16649 Enactment Number: 14334 (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 150 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and as may be modified by the land development regulations; and intensity will be as established in Article 4 of 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: ge = . Wyy ng III, City ttor -y 10/9/2024 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: 16649 (Revision:) Printed on: 8/8/2025