HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14025
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "DUPLEX
RESIDENTIAL" TO "LOW DENSITY RESTRICTED COMMERCIAL" OF
THE 0.15 ± ACRES DESCRIBED HEREIN OF REAL PROPERTY
LOCATED APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A," ATTACHED AND INCORPORATED; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 3231 SW 23 Ter [Commissioner Manolo Reyes - District 4]
APPLICANT(S): James Williams, Esquire, on behalf of Rosa Maria Carreras, Owner
PURPOSE: This will amend the designation on the Future Land Use Map for the above
property from "Duplex Residential" to "Low Density Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On May 5, 2021, the motion to approve
failed by a vote of 5-3, lacking the supermajority necessary.
City of Miami File ID: 9109 (Revision:) Printed On: 101512021
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Enactment Number:14025
File Number: 9109 Final Action Date: 9/23/2021
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "DUPLEX RESIDENTIAL" TO "LOW
DENSITY RESTRICTED COMMERCIAL" OF THE 0.15 ± ACRES
DESCRIBED HEREIN OF REAL PROPERTY LOCATED
APPROXIMATELY AT 3231 SOUTHWEST 23 TERRACE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A
; AND PROVIDING FOR AN EFFECTIVE DATE. SEVERABILITY CLAUSE
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on May 5,
2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-023 for
PZAB.2, which captured a motion to approve failing by a vote of five to three (5-3) due to the
lack of a supermajority vote necessary for small scale Land Use Designation Changes; and
WHEREAS, the property located at 3231 Southwest 23 Terrace, Miami, Florida
("Property") has a current future land use designation of "Duplex Residential'; and
WHEREAS, Rosa Maria Carreras ("Applicant") applied 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 "Low Density Restricted Commercial'; and
WHEREAS, the site is 0.15 ± acres in size and the proposed amendment to the FLUM
would increase the density from eighteen (18) dwelling units per acre to thirty-six (36) dwelling
units per acre and would allow a greater range of commercial activities; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), and all other regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed amendment, including changing and changed conditions that make the passage of
the proposed amendment necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City of Miami ("City") and its inhabitants to approve
this amendment to the FLUM of the MCNP as hereinafter set forth;
City of Miami File ID: 9109 (Revision:) Printed On: 101512021
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 if fully set forth in this Section.
Section 2. The FLUM of the MCNP is hereby amended pursuant to small scale
amendment procedures subject to Section 163.3187, Florida Statutes, by changing the Future
Land Use designation from "Duplex Residential' to "Low Density Restricted Commercial' for the
Property, as more particularly described in Exhibit "A," attached and incorporated.
Section 3. It is found that this amendment to the FLUM of the MCNP 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 amendments 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', thirty-six (36)
dwelling units per acre, pursuant to the MCNP and intensity will be as established in Article 4 of
the Miami 21 Code; 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 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.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, Cify Attor iey 6/8/2021
' 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: 9109 (Revision:) Printed On: 101512021