HomeMy WebLinkAboutO-14227City of Miami
Ordinance 14227
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13542 Final Action Date: 10/26/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
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 "MEDIUM DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF THE ACREAGE
DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY
3700 SOUTHWEST 28 STREET AND 2810, 2814, 2816, 2818, 2824 AND 2828
SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property located at 3700 Southwest 28 Street; 2810, 2814, 2816, 2818,
2824, and 2828 Southwest 37 Avenue, Miami, Florida (the "Property") has a current future land
use designation of "Medium Density Restricted Commercial"; and
WHEREAS, Alejandro Uribe, on behalf of 2814/16 SW, LLC (the "Applicant") applied to
the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan, as amended ("MCNP"), to change the future land use
designation of the Property to "Restricted Commercial"; and
WHEREAS, the site is 0.931 ± acres in size and consists of the highest Density (150
dwelling units per acre) and greatest variety of Uses; and
WHEREAS, on January 9, 2023, Miami -Dade County Public Schools submitted its
findings that it had tested the proposed change of land use and zoning and found that the
school system has sufficient capacity to serve the application; and
WHEREAS, the MCNP requires a 10-minute, 1/2-mile barrier -free walk to a park entrance
to meet public Levels of Service ("LOS"); and
WHEREAS, the Planning Department conducted an analysis to test the LOS for this
proposal and found that with the potential increase in population, it meets LOS standards; and
WHEREAS, the MCNP LOS standard for potable water service is 92.05 gallons per
capita per day ("GPCD"); however, LOS standards do not take into consideration the
consumption of non-residential use; and
WHEREAS, the MCNP LOS standard for Sanitary Sewer is 141 GPCD, the MCNP does
not require testing of this Miami -Dade County service, and a County Water and Sewer
Department permit is required; and
City of Miami Page 1 of 3 File ID: 13542 (Revision: A) Printed On: 4/4/2024
File ID: 13542 Enactment Number: 14227
WHEREAS, The City's LOS standard for Solid Waste is 1.28 tons/resident/year and the
Franchise Agreement the City maintains provides flexibility to address fluctuations in solid waste
production; and
WHEREAS, based on existing and proposed floor lot ratio ("FLR") and density for the
applications for the project located at 3700 Southwest 28th Street and 2810, 2814, 2816, 2818,
2824, and 2828 Southwest 37th Avenue, the maximum potential impact as it relates to trip
generation was calculated and the proposed FLR and density have the potential to result in an
increase of approximately 11,300 daily trips and 1,600 P.M. peak -hour trips; and
WHEREAS, The Property is located within the City's designated half -mile (0.5-mile)
radius Transit Oriented Development ("TOD") Pedestrian Shed or Bicycle Shed area with the
Douglas Station Metrorail Station being the center, and it is the convergence of multimodal
modes of transit that provides the City's residents with a variety of multimodal transit options.;
and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 15, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
018 by a vote of six to three (6-3), Item No. PZAB.5, recommending Approval of the small scale
Land Use Designation Change; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance No. 10544; Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and
WHEREAS, 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
approve the MCNP Amendment to the FLUM 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
0.931 ± acres of real property located at 3700 Southwest 28 Street, 2810 Southwest 37 Avenue,
2814 Southwest 37 Avenue, 2816 Southwest 37 Avenue, 2818 Southwest 37 Avenue, 2824
Southwest 37 Avenue, and 2828 Southwest 37 Avenue, Miami, Florida from "Medium Density
Restricted Commercial" to "Restricted Commercial," as described in "Exhibit A," attached and
incorporated.
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 necessary due to changed or changing conditions;
City of Miami Page 2 of 3 File ID: 13542 (Revision: A) Printed on: 4/4/2024
File ID: 13542 Enactment Number: 14227
(b) 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;
(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;
(d) Density will be one hundred fifty (150) dwelling units per acre, pursuant to the MCNP,
and intensity will be as established in Article 4 of the Miami 21 Code; and
(e) 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:
ndez, ity Attor
ndez, ity Attor ey 10/17/2023
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 Page 3 of 3 File ID: 13542 (Revision: A) Printed on: 4/4/2024