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HomeMy WebLinkAboutO-14345City of Miami Ordinance 14345 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16700 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 55 NORTHWEST 23 AVENUE, 2250 NORTHWEST FLAGLER TERRACE, AND 2260 NORTHWEST FLAGLER TERRACE MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 55 Northwest 23 Avenue, 2250 Northwest Flagler Terrace, and 2260 Northwest Flagler Terrace, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, Glen Royal Rentals LLC ("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 "Medium Density Restricted Commercial"; and WHEREAS, the Property site is 0.413 ± acres in size; and WHEREAS, the Property site is currently zoned "T4-R," General Urban Transect Zone — Restricted, on the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), which is inconsistent with its Future Land Use designation of "Duplex Residential"; and WHEREAS, this inconsistency was created with the Miami 21 Zoning Code; and WHEREAS, the Property site is currently vacant and cannot realize the full potential of its existing zoning due to the inconsistency between the FLUM and the Zoning Atlas of the Miami 21 Code; and WHEREAS, the proposal to amend the FLUM of the Property from "Duplex Residential" to "Medium Density Restricted Commercial" would correct the inconsistency; and WHEREAS, the proposal to amend the FLUM of the Property from "Duplex Residential" to "Medium Density Restricted Commercial" has sufficient levels of services standards for City of Miami Page 1 of 3 File ID: 16700 (Revision:) Printed On: 8/11/2025 File ID: 16700 Enactment Number: 14345 Potable Water, Storm Sewer, Schools, and Transportation, which can be seen in "Attachment 1 — Concurrency Analyses"; and WHEREAS, the proposal has a companion item to rezone the Property from "T4-R," General Urban Transect Zone — Restricted, to "T5-O," Urban Center Transect Zone — Open, and this proposal is also consistent with the proposed new Future Land Use designation of "Medium Density Restricted Commercial"; and WHEREAS, the quarter -mile area surrounding the Property lacks diversity in Future Land Use designations to facilitate a well -designed mixed -use neighborhood as further described in Policy LU-1.1.7 of the MCNP and the proposed amendment would help further that policy; and WHEREAS, the Property is not located in the Coastal High Hazard Area and would increase allowed density, which would assist with directing population away from the Coastal High Hazard Area per Policy CM-4.1.2 of the MCNP; and WHEREAS, the City's Planning Department recommends approval of the requested FLUM amendment for the Property; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R- 24-064 by a vote of eight to zero (8-0), Item No. PZAB 7, 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, the 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 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, is hereby amended by changing the Future Land Use from "Duplex Residential" to "Medium Density Restricted Commercial," designation of 0.413 ± acres of real property at 55 Northwest 23 Avenue, 2250 Northwest Flagler Terrace, and 2260 Northwest Flagler Terrace, Miami, Florida, 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: City of Miami Page 2 of 3 File ID: 16700 (Revision:) Printed on: 8/11/2025 File ID: 16700 Enactment Number: 14345 (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 FLUM 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 "Medium Density Restricted Commercial," 65 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and as further modified by the land use regulations; and intensity will be as established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; and (e) The 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: 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: 16700 (Revision:) Printed on: 8/11/2025