HomeMy WebLinkAboutO-14274City of Miami
Ordinance 14274
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15238 Final Action Date: 4/25/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING THE FUTURE LAND USE MAP OF ORDINANCE NO. 10544, AS
AMENDED, 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 "LOW DENSITY RESTRICTED
COMMERCIAL" TO "RESTRICTED COMMERCIAL" OF APPROXIMATELY 2.54
ACRES DESCRIBED HEREIN OF REAL PROPERTY AT 460 NORTHWEST 36
COURT (EAST PORTION), 427 NORTHWEST 37 AVENUE (EAST PORTION),
400 NORTHWEST 36 COURT, 408 NORTHWEST 36 COURT, 440
NORTHWEST 36 COURT, 146 NORTHWEST 36 COURT, 140 NORTHWEST
36 COURT, 114 NORTHWEST 36 COURT, 100 NORTHWEST 36 COURT, 102
NORTHWEST 36 COURT, 70 NORTHWEST 36 COURT, 64 NORTHWEST 36
COURT, 58 NORTHWEST 36 COURT, 3667 NORTHWEST FLAGLER
TERRACE, AND 3695 WEST FLAGLER STREET (NORTHWEST PORTION)
MIAMI, FLORIDA ("ASSEMBLAGE A"); AND BY CHANGING THE FUTURE
LAND USE DESIGNATION FROM "DUPLEX RESIDENTIAL" TO "RESTRICTED
COMMERCIAL" OF APPROXIMATELY 0.34 ACRES DESCRIBED HEREIN OF
REAL PROPERTY AT 697 NORTHWEST 37 AVENUE (SOUTHWEST
PORTION), 640 NORTHWEST 36 COURT (SOUTH PORTION), AND 3665
NORTHWEST 6 STREET, MIAMI, FLORIDA, ("ASSEMBLAGE B"),
(COLLECTIVELY THE "ASSEMBLAGE") ALL AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, the property located at 460 Northwest 36 Court (East Portion), 427
Northwest 37 Avenue (East Portion), 400 Northwest 36 Court, 408 Northwest 36 Court, 440
Northwest 36 Court, 146 Northwest 36 Court, 140 Northwest 36 Court, 114 Northwest 36 Court,
100 Northwest 36 Court, 102 Northwest 36 Court, 70 Northwest 36 Court, 64 Northwest 36
Court, 58 Northwest 36 Court, 3667 Northwest Flagler Terrace, and 3695 West Flagler Street
(Northwest Portion) Miami, Florida ("Assemblage A") has a current Future Land Use designation
of "Low Density Restricted Commercial"; and the property located at 640 Northwest 36 Court
(South Portion), and 3665 Northwest 6 Street, Miami, Florida ("Assemblage B"), has a current
Future Land Use designation of "Duplex Residential" (Assemblage A and Assemblage B
together collectively referred to as "Assemblage"); and
WHEREAS, Arthur Noriega V, on behalf of the City of Miami, ("Applicant") applied to the
City of Miami ("City") to amend the Future Land Use Map ("FLUM") of Ordinance No. 10544, the
City of Miami Page 1 of 3 File ID: 15238 (Revision: A) Printed On: 5/7/2024
File ID: 15238 Enactment Number: 14274
Miami Comprehensive Neighborhood Plan, as amended, ("MCNP") to change the Future Land
Use designation of the Assemblage to "Restricted Commercial"; and
WHEREAS, the Assemblage site is 2.88 ± acres in size; and
WHEREAS, the City's Planning Department recommended approval of the amendment
to the FLUM of the MCNP; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 21, 2024, following an advertised public hearing, recommended denial of the
amendment, due to a tie vote and failing to obtain the required supermajority vote pursuant to
Section 7.1.1.4(4) the Miami 21 Code and Section 62-8(d) of the Code of the City of Miami, as
amended ("City Code"), as four (4) members voted in favor of approval and four (4) members
voted against approval of the amendment to the MCNP FLUM as set forth herein, which is
memorialized in Resolution No. PZAB-R-24-014; 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 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
approve this amendment to the FLUM of the MCNP as hereinafter set forth;
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. 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 from "Low Density Restricted Commercial" to "Restricted Commercial" of
approximately 2.54 acres described herein as Assemblage A; and by changing the Future Land
Use designation from "Duplex Residential" to "Restricted Commercial" of approximately 0.34
acres described herein as Assemblage B, all as more particularly 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;
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
City of Miami Page 2 of 3 File ID: 15238 (Revision: A) Printed on: 5/7/2024
File ID: 15238 Enactment Number: 14274
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 will 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 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, §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, City Attor ey 3/1/2024
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: 15238 (Revision: A) Printed on: 5/7/2024