PZ.2 - Rezone Ne 78 St Commercial

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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" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 500, 522, AND 544 NORTHEAST 78 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT “A”; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

July 9, 2026
Sponsors
Department of Planning
Christine King
Vote Details
INDEFINITELY DEFERRED
Motion to: Indefinitely Defer
Mover: Christine King, Commissioner
Seconder: Miguel Angel Gabela, Commissioner
Ayes (5): King, Gabela, Pardo, Escalona, Rosado

Department: Department of Planning

Category: Planning and Zoning

WHEREAS, the property located at 500, 522, and 544 Northeast 78 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 Multifamily Residential”; and

WHEREAS, 500 NE LLC, a Florida Limited Liability Company (“Applicant”) owns the Property and 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 1.13 ± acres in size and is underutilized as approximately thirty-four percent (34%) of the Property is being used for surface parking serving the residential uses as calculated in Geographic Information Systems (“GIS”); and

WHEREAS, the Property is located in a Transit Corridor as identified in Map TR-13.2 of Appendix TR-1 of the MCNP; and

WHEREAS, the City’s Planning Department found that the proposed amendment meets all required Level of Service standards pursuant to Policy LU-1.6.4, Policy CI-1.2.3, and Policy CM-4.3.4 of the MCNP; and

WHEREAS, the City’s Planning Department found that proposed amendment would not lead to an encroachment of incompatible land uses to the residential neighborhood to the south as it has the natural buffer of the Little River between it; and

WHEREAS, the City’s Planning Department further found thatthe proposed amendment would allow for redevelopment of the Property at a higher density and newly allowed nonresidential uses that would facilitate a well-designed mixed-use neighborhood with a full range of uses in a walkable area close to public transportation – furthering Policy LU-1.1.17 of the MCNP; and

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”), at its meeting on December 17, 2025, following an advertised public hearing for Item PZAB.11, adoptedResolution No. PZAB-R-25-087,failing to recommend approval by a supermajority vote, as required perSection 7.1.1.4.d.4. of the Miami 21 Code and Section 62-17(d) of the City Code, as there was a motion recommending approval, which failed by a vote of five to three(5-3); and

WHEREAS, 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, 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 Future Land Use Map of the Miami Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to §163.3187, Florida Statutes, is amended by changing the Future Land Use designation of 1.13 ± acres of real property at 500, 522, and 544 Northeast 78 Street, Miami, Florida from “Medium Density Multifamily Residential” to “Restricted Commercial”, as described in the attached and incorporated Exhibit “A."

Section 3.It is found that this amendment to the Comprehensive Plan designation change 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 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;

(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 “Restricted Commercial,” 150 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, as more particularly described in the Miami 21 Code, 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, §163.3187, Florida Statutes.

Section 4.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.

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