PZ.1 - Rezone Ne 78 Street to 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 THE SOUTHEASTERN PORTION OF 490 NORTHEAST 78 STREET ROAD, AT 496 NORTHEAST 78 STREET ROAD, AND AT 498 NORTHEAST 78 STREET ROAD, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
September 24, 2026
Department: Department of Planning
Category: Planning and Zoning
WHEREAS, Christopher Penelas, Esquire, on behalf of LGE 79, LLC (“Applicant”) applied to the City of Miami (“City”) to amend the Future Land Use Map (“FLUM”) of the Miami Comprehensive Neighborhood Plan, as amended (“MCNP”), to change the Future Land Use designation for the southeastern portion of 490 Northeast 78 Street Road, 496 Northeastern 78 Street Road, and 498 Northeastern 78 Street Road, Miami, Florida, as more particularly described in the attached and incorporated Exhibit “A,”(“Property”) from “Medium Density Multifamily Residential” to “Restricted Commercial”; and
WHEREAS, the portion of the Property comprising the Future Land Use designation of “Medium Density Multifamily Residential” is approximately 0.78 ± acres; and
WHEREAS, the Property is bounded by the Little River Canal to the West, Northeast 79 Street Road and Northeast 78 Street to the north, Northeast 5 Avenue to east, and the Little River Canal to the south; and
WHEREAS, the FLUM change will increase the density from sixty-five (65)dwelling units to one hundred fifty (150) dwelling units per acre; and
WHEREAS, the FLUM change from “Medium Density Multifamily Residential” to "Restricted Commercial" will allow for a larger array of commercial activities that serve the daily retailing and service needs of the general public; and
WHEREAS, the Property has a zoning classification of “T6-8-O,” Urban Core Transect Zone – Open, and “T4-R,” General Urban Transect Zone – Restricted, pursuant to the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and
WHEREAS, the Applicant submitted a companion item (PZ-24-17569) requesting a change in zoning classification to “T6-8-O,” Urban Core Transect Zone – Open, and “T5-O,” Urban Center Transect Zone – Open; and
WHEREAS, on October 30, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board (“PZAB”) considered the application for changing the FLUM, item PZAB.12, and passed PZAB-R-24-077, recommending approval, by a vote of eight to two (8-2); and
WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other applicable 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 amended by changing the Future Land Use designation of 0.78± acres of real property at the southeastern portion of 490 Northeast 78 Street Road, 496 Northeast 78 Street Road, and 498 Northeast 78 Street Road, Miami, Florida, as described in the attached and incorporated "Exhibit A," from “Medium Density Multifamily Residential” to "Restricted Commercial."
Section 3.It is found that this amendment to the 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, or objectives of the City’s comprehensive plan, 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 §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes;
(d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the MCNP and as may be modified by the land use regulations, 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. 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.
WHEREAS, the portion of the Property comprising the Future Land Use designation of “Medium Density Multifamily Residential” is approximately 0.78 ± acres; and
WHEREAS, the Property is bounded by the Little River Canal to the West, Northeast 79 Street Road and Northeast 78 Street to the north, Northeast 5 Avenue to east, and the Little River Canal to the south; and
WHEREAS, the FLUM change will increase the density from sixty-five (65)dwelling units to one hundred fifty (150) dwelling units per acre; and
WHEREAS, the FLUM change from “Medium Density Multifamily Residential” to "Restricted Commercial" will allow for a larger array of commercial activities that serve the daily retailing and service needs of the general public; and
WHEREAS, the Property has a zoning classification of “T6-8-O,” Urban Core Transect Zone – Open, and “T4-R,” General Urban Transect Zone – Restricted, pursuant to the Zoning Atlas of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended (“Miami 21 Code”); and
WHEREAS, the Applicant submitted a companion item (PZ-24-17569) requesting a change in zoning classification to “T6-8-O,” Urban Core Transect Zone – Open, and “T5-O,” Urban Center Transect Zone – Open; and
WHEREAS, on October 30, 2024, at a duly noticed public meeting, the Planning, Zoning and Appeals Board (“PZAB”) considered the application for changing the FLUM, item PZAB.12, and passed PZAB-R-24-077, recommending approval, by a vote of eight to two (8-2); and
WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other applicable 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 amended by changing the Future Land Use designation of 0.78± acres of real property at the southeastern portion of 490 Northeast 78 Street Road, 496 Northeast 78 Street Road, and 498 Northeast 78 Street Road, Miami, Florida, as described in the attached and incorporated "Exhibit A," from “Medium Density Multifamily Residential” to "Restricted Commercial."
Section 3.It is found that this amendment to the 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, or objectives of the City’s comprehensive plan, 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 §380.0552, Florida Statutes or by the Administration Commission pursuant to §380.05(1), Florida Statutes;
(d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the MCNP and as may be modified by the land use regulations, 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. 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.
Fiscal Impact
N/A