HomeMy WebLinkAboutO-13999City of Miami
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Legislation
Ordinance: 13999
File Number: 7226
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 5/27/2021
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 "LOW
DENSITY RESTRICTED COMMERCIAL" OF THE 0.96 ± ACRES DESCRIBED
HEREIN OF REAL PROPERTIES LOCATED AT APPROXIMATELY 3227, 3247,
3257, AND A PORTION OF 3277 CHARLES AVENUE AND 3256 AND 3270
WILLIAM AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Stirrup Properties, Inc., Carol Henley, and 3227 Grove, LLC (collectively,
"Applicant") own the properties located at approximately 3227, 3247, 3257, and a portion of
3277 Charles Avenue and 3256 and 3270 William Avenue, Miami, Florida (collectively,
"Property"); and
WHEREAS, Lot 47 of Block 29 located at 3277 Charles Avenue is not included in this
application; and
WHEREAS, the Property is designated as "Single Family Residential" on the Future
Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Applicant submitted a Comprehensive Plan Amendment application to
change the FLUM designation from "Single Family Residential' to "Low Density Restricted
Commercial'; and
WHEREAS, the Property is 0.96 ± acres in size and this amendment would allow
residential and commercial uses and provide for increased density and intensity on the
Property; and
WHEREAS, the City of Miami ("City") seeks to incentivize transitory residential facilities,
such as hotels and motels, that are located near transit corridors; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on
February 5, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-
009 by a vote of seven to three (7-3), Item No. PZAB. 2, recommending approval of the request
to change the land use designation as indicated herein; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
City of Miami Page 1 of 3 File ID: 7226 (Revision:) Printed On: 611112021
File ID: 7226 Enactment Number: 13999
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
recommend approval of this Comprehensive Plan Amendment to the FLUM of the MCNP as set
forth herein;
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 Section 163.3187, Florida Statutes, is hereby
amended by changing the Future Land Use designation of the Property, as more particularly
described in Exhibit "A," attached and incorporated, from "Single Family Residential' to "Low
Density Restricted Commercial'.
Section 3. It is found that this Comprehensive Plan designation change involves a use
of ten (10) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The cumulative annual effect of the acreage for all small-scale
development amendments adopted by the City does not exceed a maximum of one hundred
twenty (120) acres in a calendar year;
(c) The proposed 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;
(d) 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 will be "Low Density Restricted Commercial', 36 dwelling units
per acre, pursuant to the MCNP and intensity will be as established in Article 4 of Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended; and
(f) 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 should 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.
City of Miami Page 2 of 3 File ID: 7226 (Revision:) Printed on: 611112021
File ID: 7226
Enactment Number: 13999
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.'
APPROVED AS TO FORM AND CORRECTNESS:
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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 3 of 3 File ID: 7226 (Revision:) Printed on: 611112021