HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 6608
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE
LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION
FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC
PARKS AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A
PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035
NORTHEAST 2 AVENUE AND FROM "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF
APPROXIMATELY 24.10 ACRES OF A PORTION OF REAL PROPERTY
LOCATED AT 5175 AND 5035 NORTHEAST 2 AVENUE AND ALL OF
5125 NORTHEAST 2 COURT, MIAMI, FLORIDA, ALL AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 5175 NE 2 Avenue, 5035 NE 2 Avenue, and 5125 NE 2
Court
APPLICANT(S): Melissa Tapanes Llahues, Esq., on behalf of SPV Realty LC.
PURPOSE: This will amend the designation on the Future Land Use Map for the above
property from "Medium Density Multifamily Residential" to "Restricted Commercial" and
"Public Parks and Recreation."
FINDING(S):
PLANNING DEPARTMENT: Recommended approval with conditions.
PLANNING, ZONING AND APPEALS BOARD: Motion to recommend approval on
September 14, 2021 resulted in a tie vote of 4-4, so the lower board failed to make a
recommendation of approval or denial.
City of Miami File ID: 6608 (Revision:) Printed On: 7/7/2026
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 6608 Final Action Date: 6/11/2026
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, THE FUTURE
LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD
PLAN, AS AMENDED, PURSUANT TO SMALL SCALE AMENDMENT
PROCEDURES SUBJECT TO SECTION 163.3187, FLORIDA STATUTES,
BY CHANGING THE FUTURE LAND USE DESIGNATION FROM
"MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS
AND RECREATION" OF APPROXIMATELY 1.87 ACRES OF A PORTION
OF REAL PROPERTY LOCATED AT 5175 AND 5035 NORTHEAST 2
AVENUE AND FROM "MEDIUM DENSITY RESTRICTED COMMERCIAL"
TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 24.10 ACRES
OF A PORTION OF REAL PROPERTY LOCATED AT 5175 AND 5035
NORTHEAST 2 AVENUE AND ALL OF 5125 NORTHEAST 2 COURT,
MIAMI, FLORIDA, ALL AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 5035 and 5175 Northeast 2 Avenue and 5125
Northeast 2 Court, Miami, Florida (collectively, "Property") have a current future land use
designation of "Medium Density Multifamily Residential"; and
WHEREAS, the Property is 25.97 ± acres in size and is bounded by Northeast 2 Avenue
on the west, the Florida East Coast Railroad right-of-way on the east, Northeast 54 Street on
the north, and the former Archbishop Curley Notre -Dame High School on the south; and
WHEREAS, SPV Realty LC ("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 approximately 1.87 acres of a portion of the
Property at 5175 and 5035 Northeast 2 Avenue to "Public Parks and Recreation"; and
WHEREAS, the Applicant applied to the City to amend the FLUM of the MCNP to
change the future land use designation of approximately 24.10 acres of a portion of the Property
at 5175 and 5035 Northeast 2 Avenue and all of 5125 Northeast 2 Court to "Restricted
Commercial"; and
WHEREAS, the portion of the Property being amended to "Public Parks and Recreation"
is that portion being rezoned to Civic Space, "CS", in the companion Special Area Plan ("SAP")
as described in Exhibit "A", attached and incorporated; and
WHEREAS, the portion of the Property being amended to "Restricted Commercial" is
that portion being rezoned to T5-O, "Urban Center Transect Zone -Open", T6-8a-O, "Urban Core
Transect Zone -Open", T6-8b-O, "Urban Core Transect Zone -Open", and T6-12-0, "Urban Core
City of Miami File ID: 6608 (Revision:) Printed On: 7/7/2026
Transect Zone -Open", in the companion SAP as described in Exhibit "A", attached and
incorporated; and
WHEREAS, the proposed SAP would allow a wide range of non-residential uses
including the provision of a public park encompassing a gross area of approximately 1.19 acres
on the southwest corner of Block 4 and a net area of approximately 0.68 acres in the southwest
corner of Block 2; and
WHEREAS, the Property is located along the Northeast 2 Avenue Transit Corridor,
which provides regular and consistent public transportation options southbound to Downtown
Miami and northbound to Aventura; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on September 14,
2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-035 by a vote
of four to four (4-4), Item No. PZAB. 1, failing to make a recommendation of approval of the
small-scale Land Use Designation Change described herein; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP; Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida ("Miami 21 Code"); and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the small-
scale Land Use Designation Change described herein, including changing and changed
conditions that make the passage of the small-scale Land Use Designation Change necessary;
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 to change the Future Land Use designation from "Medium Density Restricted
Commercial" to "Public Parks and Recreation" of approximately 1.87 acres of a portion of real
property located at 5175 and 5035 Northeast 2 Avenue and to change the Future Land Use
designation from "Medium Density Restricted Commercial" to "Restricted Commercial" of
approximately 24.10 acres of a portion of real property located at 5175 and 5035 Northeast 2
Avenue and all of 5125 Northeast 2 Court, all as described in Exhibit "A," attached and
incorporated.
Section 3. It is found that this amendment to the MCNP involves a change 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 MCNP 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 "Restricted Commercial",150 dwelling units per acre, and "Public
Parks and Recreation," 0 dwelling units per acre, pursuant to the MCNP and intensity
will be as established in Article 4 of the Miami 21 Code; and
City of Miami File ID: 6608 (Revision:) Printed On: 7/7/2026
(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. The City Manager is directed to promptly transmit a certified copy of this
Ordinance after its adoption on second reading to the reviewing agencies pursuant to Section
163.3184, Florida Statutes, and any other person or entity requesting a copy.
Section 6. 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.1
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 11/8/2021
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 File ID: 6608 (Revision:) Printed On: 7/7/2026