PZ.1 - Rezone 1.87 Acres Parks Recreation

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 Avenueto “Public Parks andRecreation”; 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 Propertyat 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 thecompanion 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-O, “Urban Core Transect Zone-Open”, in thecompanion SAP as described inExhibit“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 thesmall-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 theMCNP, 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 approximately24.10 acres of a portion of realproperty locatedat 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 MCNPbut 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 MCNPand 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.  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.