HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 13954
Title: 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.
LOCATION: Approximately 4214 SW 3 St [Commissioner Manolo Reyes - District 4]
APPLICANT(S): Simon Ferro, Esq., on behalf of Gilberto Padin
PURPOSE: This will amend the designation on the Future Land Use Map for the above
property from "Single Family Residential" to "Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial
PLANNING, ZONING AND APPEALS BOARD: On July 15, 2020, the motion to
recommend approval failed, by a vote of 5-4, for lack of a supermajority vote.
City of Miami File ID: 7782 (Revision:) Printed On: 1212812020
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City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
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Enactment Number:13954
File Number: 7782 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
City of Miami File ID: 7782 (Revision:) Printed On: 1212812020
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;
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.'
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: 7782 (Revision:) Printed On: 1212812020
APPROVED AS TO FORM AND CORRECTNESS:
Vyt6riai dez,City Attor iey 9/9/2020
City of Miami File ID: 7782 (Revision:) Printed On: 1212812020