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Home My WebLink AboutO-14343City of Miami Ordinance 14343 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14742 Final Action Date: 12/12/2024 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" AND "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" AND "RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY LOCATED AT 160 NORTHEAST 50 TERRACE, 162 NORTHEAST 50 TERRACE, 170 NORTHEAST 50 TERRACE, 184 NORTHEAST 50 TERRACE, 183 NORTHEAST 50 STREET, 177 NORTHEAST 50 STREET, AND 169 NORTHEAST 50 STREET MIAMI, FLORIDA (COLLECTIVELY, "THE PROPERTY"), MORE PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 160 Northeast 50 Terrace, 162 Northeast 50 Terrace, 170 Northeast 50 Terrace, 184 Northeast 50 Terrace, 183 Northeast 50 Street, 177 Northeast 50 Street, and 169 Northeast 50 Street Miami, Florida (collectively, the "Property"), has current future land use designations of "Medium Density Multifamily Residential" and "Single Family Residential"; and WHEREAS, Javier Fernandez, Esq, on behalf of Design District Studios LLC, Design District Studios II LLC, Design District Studios 3 LLC, BVM Development LLC, Joel H. Poliard, Jose & Carmen Solorzano (collectively, "Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan, as amended ("MCNP"), to change the future land use designation of the Property to "Restricted Commercial" and "Medium Density Restricted Commercial"; and WHEREAS, the Property consists of seven (7) parcels totaling approximately 1.33 ± acres in size, only 0.98 ± acres in size is part of the request; and WHEREAS, on August 7, 2018, Miami -Dade County Public Schools submitted its findings that it had tested the proposed change of land use and zoning and found that the school system has sufficient capacity to serve the application; and WHEREAS, the MCNP requires a 10-minuteY2-mile barrier -free walk to a park entrance to meet public Levels of Service ("LOS") and the City's Planning Department conducted an analysis in Geographic Information System ("GIS") to test the LOS for this proposal and found that with the potential increase in population, it meets LOS standards; and City of Miami Page 1 of 3 File ID: 14742 (Revision:) Printed On: 8/11/2025 File ID: 14742 Enactment Number: 14343 WHEREAS, the MCNP LOS standard for potable water service is 92.05 gallons per capita per day ("PCPD") and consumption is assumed to be approximately 24,489 by residential uses, however, LOS standards do not take into consideration the potable water consumption of non-residential uses; and WHEREAS, the MCNP LOS standard for Sanitary Sewer is 141 gallons per capita per day ("GPCD") and does not require testing of this Miami -Dade County ("County") service; however, a County Water and Sewer Department permit is required; and WHEREAS, the City's LOS standard for Solid Waste is 1.28 tons/resident/year and the Franchise Agreement the City maintains provides flexibility to address fluctuations in solid waste production; and WHEREAS, the Property is located within a City designated Transit Corridor that provides the City's residents with easily accessible transit options; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-079 by a vote of seven to zero (7 - 0), Item No. PZAB.13, 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; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("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 hereby amended by changing the Future Land Use designation of 0.98 ± acres of real property at 160 Northeast 50 Terrace, 162 Northeast 50 Terrace, 170 Northeast 50 Terrace, 184 Northeast 50 Terrace, 183 Northeast 50 Street, 177 Northeast 50 Street, and 169 Northeast 50 Street Miami, Florida, by: • changing the Future Land Use designation of a portion of the Property located at 160 NE 50 Terrace from "Single Family Residential" to "Medium Density Restricted Commercial"; and • changing the Future Land Use designation of portions of the Property located at 162 NE 50 Terrace, 170 NE 50 Terrace, 169 NE 50 Street, 177 NE 50 Street, City of Miami Page 2 of 3 File ID: 14742 (Revision:) Printed on: 8/11/2025 File ID: 14742 Enactment Number: 14343 and 183 NE 50 Street from "Medium Density Multifamily Residential" to "Medium Density Restricted Commercial"; and • by changing the Future Land Use designation of a portion of the Property located at 184 NE 50 Terrance from "Medium Density Multifamily Residential & Restricted Commercial" to "Medium Density Restricted Commercial & Restricted Commercial" all 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; (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 FLUM for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small-scale FLUM 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 on hundred fifty (150) dwelling units per acre, pursuant to the MCNP, 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, 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.' APPROVED AS TO FORM AND CORRECTNESS: sndeU�z, Rry Httor 10/16/2023 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: 14742 (Revision:) Printed on: 8/11/2025