HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14230
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX
RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 2973
SOUTHWEST 36 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2973 SW 36 Avenue and 3555 NW 29 Terrace
APPLICANT(S): Alejandro Uribe, Esquire, OBO O'Malley Holdings, LLC
PURPOSE: This will amend the designation on the Future Land Use Map for the above property
from "Duplex Residential " to "Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On September 20, 2023 recommended
approval by a vote of 8-0.
City of Miami File ID: 14620 (Revision:) Printed On: 11/28/2023
City of Miami
Legislation
Ordinance
Enactment Number:14230
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 14620 Final Action Date: 11/16/2023
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FROM "DUPLEX
RESIDENTIAL" TO "GENERAL COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 2973
SOUTHWEST 36 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, a portion of the property located 2973 Southwest 36 Avenue ("Property")
has a current future land use designation of "Duplex Residential"; and
WHEREAS, O'Malley Holdings (the "Applicant") applied to the City of Miami ("City") 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 "General Commercial";
and
WHEREAS, the request to change the land use designation of the Property is
inconsistent with the City of Miami Comprehensive Neighborhood Plan (MCNP), Future Land
Use Element, Goal Land Use Objective 1.3 due to the further encroachment of commercial uses
near residential areas; and
WHEREAS, this request to change the land use designation of the Property is
inconsistent with the MCNP Housing Element, Objective 1.1, as the Property is near public
transportation and therefore more suitable for affordable housing; and
WHERAS, the request to change the land use designation of the Property is inconsistent
with Policy 1.1.9 in that parcels adjacent to residential uses and public transportation are more
suitable for additional residential uses; and
WHEREAS, the total site is 22,508 square feet or ± 0.517 acres in size; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-084 by a vote of eight to zero (8-0), Item No. PZAB.18, recommending approval an
amendment of the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood
Plan ("MCNP") to change the future land use designation of the Property from "Duplex
Residential" to "General Commercial;" and
City of Miami File ID: 14620 (Revision:) Printed On: 11/28/2023
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544, the Zoning Ordinance of the City of Miami, Florida, as
amended ("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 amend
the FLUM of the MCNP as hereinafter set forth;
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 FLUM of the MCNP, pursuant to small-scale amendment procedures
subject to Section 163.3187, Florida Statutes, is amended by changing the FLUM designation of
7,005 square feet (0.161 ±) acres of the Property, as more particularly described in Exhibit "A,"
attached and incorporated, from "Duplex Residential" to "General Commercial."
Section 3. It is found that this amendment to the Comprehensive Plan designation
change involves a use of fifty (50) acres or fewer and:
(a) Is unnecessary 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 120 acres in a calendar year;
(c) The proposed amendment does not involve a text change to goals,
policies, or objectives of the City's comprehensive plan, but proposes a
land use change to the future land use map for a site -specific
development. However, text changes that relate directly to, and are
adopted simultaneously with the small-scale Future Land Use Map
amendment shall be permissible;
(d) Is one which is not located within an area of critical state concern as
designated by §380.0552, Florida Statutes or by the Administration
Commission pursuant to §380.05(1), Florida Statutes;
(e) Density would be "Restricted Commercial", 150 dwelling units per acre,
pursuant to the Miami Comprehensive Neighborhood Plan, as amended,
and intensity will be as established in Article 4 of the City's Zoning
Ordinance, the Miami 21 Code, as amended; and
(f) The proposed amendment does not comply with the applicable acreage
and density limitations set forth in the Local Government Comprehensive
Planning and Land Development Regulation Act including, without
limitation, §163.3187, Florida Statutes.
Section 4. 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.'
1 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: 14620 (Revision:) Printed On: 11/28/2023
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami File ID: 14620 (Revision:) Printed On: 11/28/2023