HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14286
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 "LOW -DENSITY RESTRICTED COMMERCIAL" OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES
LOCATED AT 1300 NORTHWEST 38 STREET AND 1317 NORTHWEST
37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 1300 Northwest 38 Street and 1317 Northwest 37 Street
APPLICANT(S): Bob de la Fuente, Esq., on behalf of STW Real Estate LLC
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 March 6, 2024, recommended
approval by a vote of 9-1.
City of Miami File ID: 15534 (Revision:) Printed On: 6/3/2024
City of Miami
Legislation
Ordinance
Enactment Number:14286
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15534 Final Action Date: 5/23/2024
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 "LOW -DENSITY RESTRICTED COMMERCIAL" OF
THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTIES LOCATED
AT 1300 NORTHWEST 38 STREET AND 1317 NORTHWEST 37 STREET,
MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties are located at approximately 1300 Northwest 38 Street and
1317 Northwest 37 Street (collectively, "Property") and have a current future land use
designation of "Duplex Residential"; and
WHEREAS, Robert Fernandez, Esquire., on behalf of STW Real Estate LLC
("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 "Low -Density Restricted Commercial"; and
WHEREAS, the Property is an assemblage of two (2) parcels totaling approximately
25,500 square feet (0.585 acres) of land; and
WHEREAS, the Property is in a Transit Oriented Development ("TOD"); and
WHEREAS, the Property is one (1) block from a Transit Corridor; and
WHEREAS, the request to change the land use designation of the Property is
inconsistent with the City's MCNP, Future Land Use Goal LU-1 as it will not protect or preserve
residential sections of the neighborhood; and
WHEREAS, this request to change the future land use designation of the Property is
consistent with the MCNP Transportation Policy TR 2.1.3 as the Property is along a transit
corridor and near the Allapattah Metrorail station; and
WHEREAS, the request to change the future land use designation of the Property is
consistent with Transportation Policy TR 1.1.5 as it will encourage higher density development
along a transit corridor; and
WHEREAS, the request to change the future land use designation of the Property is
inconsistent with LU 1.1.3 as it will result in an encroachment of incompatible land uses along
Northwest 38 Street and Northwest 13 Avenue; and
City of Miami File ID: 15534 (Revision:) Printed On: 6/3/2024
WHEREAS, the site is 25,585 square feet or ± 0.587 acres in size; and
WHEREAS, on March 6, 2024, at a duly notice public meeting, the Planning, Zoning and
Appeals Board ("PZAB") considered the application for changing the future land use map, item
PZAB.4, and passed PZAB-R-24-016, recommending approval, by a vote of nine to one (9-1);
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, 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 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 City Commission approves an amendment to 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 of 25,500 square feet (0.585 ± acres) of real property at 1300
Northwest 38 Street and 1317 Northwest 37 Street Miami, Florida from "Duplex Residential" to
"Low -Density 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 unnecessary due to a lack of changing or potentially 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 "Low Density Restricted Commercial", 36 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
City of Miami File ID: 15534 (Revision:) Printed On: 6/3/2024
(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. 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:
ge Wy j ng III, C1ty ttor y 4/12/2024
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 File ID: 15534 (Revision:) Printed On: 6/3/2024