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HomeMy WebLinkAboutO-14410City of Miami Ordinance 14410 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18181 Final Action Date: 10/23/2025 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 RESTRICTED COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 840 SOUTHWEST 6 AVENUE AND 601 SOUTHWEST 9 STREET, 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 840 Southwest 6 Avenue and 601 Southwest 9 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A," ("Property") has a current future land use designation of "Medium Density Restricted Commercial"; and WHEREAS, MAR 601 LLC and MAR 840-842 SW 6 AVENUE, LLC (collectively, "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 "Restricted Commercial"; and WHEREAS, the Property site is 0.34 ± acres in size; and WHEREAS, this MCNP Amendment will increase the density from 65 dwelling units per acre to 150 dwelling units per acre and increase the nonresidential Floor Lot Ratio from 6.0 to 11.0; and WHEREAS, a Concurrency Management Analysis was performed on the impact of this proposed MCNP Amendment application to the MCNP's FLUM and the Level of Service ("LOS") based on the potential increase of 143 people and such was found to be compliant with the following Concurrency Management Analysis criteria: Schools, Recreation and Open Space, Portable Water, Sanitary Sewer Transmission, Solid Waste Collection, and Transportation; and WHEREAS, an analysis of the MCNP Amendment application concerning the MCNP's Goals, Objectives, and Policies for Policy LU-1.6.4, Objective LU-1.3, and Policy TR-1.1.5 was found to be consistent; and WHEREAS, an analysis of the MCNP Amendment application concerning the MCNP's Goals, Objectives, and Policies for Policy LU-1.1.3 was found to be inconsistent; and City of Miami Page 1 of 3 File ID: 18181 (Revision: A) Printed On: 11/14/2025 File ID: 18181 Enactment Number: 14410 WHEREAS, based on the City's Planning staff analysis, the Planning Department recommends denial to change the existing FLUM Designation of the subject Property from "Medium Density Restricted Commercial" to "Restricted Commercial" and to review the subject request as part of a larger study area, for consideration in a planning study for this Southwest 8 Street corridor, and potential FLUM changes upon completion of this study; and WHEREAS, on October 8, 2025, at a duly noticed public meeting, the Planning, Zoning and Appeals Board ("PZAB") considered the application to change the FLUM of the MCNP, item PZAB.13, and passed PZAB-R-25-055, recommending denial, by a vote of five to two (5-2); and WHEREAS, the City Commission 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 finds that it is in the best interest of the City and its residents to approve the requested amendment of the MNCP as indicated herein; 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, is hereby amended by changing the Future Land Use designation of approximately 0.85 acres from "Medium Density Restricted Commercial" to "Restricted Commercial," at the Property, as more particularly described in the attached and incorporated Exhibit "A." Section 3. It is found that this 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, and objectives of the City's MCNP 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 equivalent to "High Density Multifamily Residential," or 150 dwelling units per acre, pursuant to the MCNP, as may be modified by the land development regulations, and intensity will be as established in Article 4 of the Miami 21 Code; and City of Miami Page 2 of 3 File ID: 18181 (Revision: A) Printed on: 11/14/2025 File ID: 18181 Enactment Number: 14410 (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 Wyi ng III, C y tore ~y 10/10/2025 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: 18181 (Revision: A) Printed on: 11/14/2025