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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 13999 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 "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. LOCATION: Approximately 3227, 3247, 3257, and a portion of 3277 Charles Av and 3256 and 3270 William Av [Commissioner Ken Russell - District 2] APPLICANT(S): Carlos R. Lago, Esq., on behalf of Stirrup Properties, Inc., Carol Henley and 3227 Grove, LLC PURPOSE: This will amend the designation on the Future Land Use Map for the above properties from "Single Family Residential" to "Low Density Restricted Commercial". FINDING(S): PLANNING DEPARTMENT: Recommended approval PLANNING, ZONING AND APPEAL BOARD: Recommended approval on February 5, 2020, by a vote of 7-3. City of Miami File ID: 7226 (Revision:) Printed On: 611112021 G1�Y Op City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 o, a V10 Ordinance www.miamigov.com Enactment Number:13999 File Number: 7226 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 City of Miami File ID: 7226 (Revision:) Printed On: 611112021 WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other 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 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 File ID: 7226 (Revision:) Printed On: 611112021 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: 1 Jir 4ifi'H ez,Ciky Hktor ey 31l612020 ' 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: 7226 (Revision:) Printed On: 611112021