HomeMy WebLinkAboutO-13954City of Miami
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Legislation
Ordinance: 13954
File Number: 7782
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2020
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
SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE
LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY LOCATED AT APPROXIMATELY 4214 SOUTHWEST 3
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", ATTACHED AND INCORPORATED; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on July 15, 2020, the Planning, Zoning and Appeals Board (TZAB"), at a
duly noticed public hearing, considered PZAB Item No. 3 and passed PZAB Resolution No.
PZAB-R-20-023, failing to recommend approval to the City Commission by the required
supermajority vote, as there was a motion to approve that received five votes in favor and four
votes against (5-4); and
WHEREAS, the property located at approximately 4214 Southwest 3 Street, Miami,
Florida, as more particularly described in Exhibit "A", attached and incorporated ("Property"),
has a current future land use designation of "Single Family Residential"; and
WHEREAS, Gilberto Padin ("Applicant") owns the Property; and
WHEREAS, the Applicant requests 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 is 0.15 ± acres in size; and
WHEREAS, the City of Miami's ("City") Planning Department recommends denial of the
requested amendment to the FLUM of the MCNP to "Restricted Commercial" and instead
recommends that the Property's designation be changed to "Medium Density Restricted
Commercial and
WHEREAS, consideration has been given to the need and justification for the
amendment, including changing and changed conditions that make the passage of the
amendment necessary; and
WHEREAS, consideration has been given to 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;
City of Miami Page 1 of 2 File ID: 7782 (Revision:) Printed On: 1212812020
File ID: 7782 Enactment Number: 13954
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. The City Commission hereby amends Ordinance No. 10544, as
amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to
Section 163.3187, Florida Statutes, by changing the Future Land Use designation from "Single
Family Residential' to "Restricted Commercial' of the Property, as more particularly described in
Exhibit "A", attached and incorporated.
Section 3. It is found that the requested amendment to the Comprehensive Plan
designation change involves a use of ten (10) acres or fewer and:
(a) The cumulative annual effect of the acreage for all small-scale
development amendments adopted by the City does not exceed a maximum of 120 acres in a
calendar year;
(b) The 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;
(e) Density of the amendment requested by the applicant would be
"Restricted Commercial", 150 dwelling units per acre, pursuant to the MCNP and intensity would
be as established in Article 4 of the Miami 21 Code; and
(f) The 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 should 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:
1
"na dez, Ciky Hktor iey 9/9/2020
' 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 2 of 2 File ID: 7782 (Revision:) Printed on: 1212812020