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CITY COMMISSION FACT SHEET
File ID: (ID # 4196)
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 SECTION 163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION
"RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY LOCATED AT 824, 826, 834, 842, 852,
860, 868, AND 876 NORTHWEST 1 STREET AND 29 NORTHWEST 9
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 824, 826, 834, 842, 852, 860, 868, 876 NW 1 St, and 29 NW 9 Av
\[Commissioner Joe Carollo District 3\]
APPLICANT(S): Javier L. Vazquez, Esq., on behalf of Riverwest Miami LLC
PURPOSE: This will amend the designation on the Future Land Use Map for the above
properties from "Medium Density Restricted Commercial" to "Restricted Commercial."
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 2, 2018, by a
vote of 7 3.
City of Miami File ID: 4196 (Revision: A) Printed On: 7/10/2024
City Hall
City of Miami
3500 Pan Ameican Drive
Legislation
Miami, FL 33133
www.miamigov.com
Ordinance
Enactment Number
File Number: 4196 Final Action Date: 2/10/2022
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 SECTION 163.3187, FLORIDA STATUTES,
BY CHANGING THE FUTURE LAND USE DESIGNATION FROM
COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT 824, 826, 834, 842, 852, 860, 868, AND 876
NORTHWEST 1 STREET AND 29 NORTHWEST 9 AVENUE, MIAMI,
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 824, 826, 834, 842, 852, 860, 868, and 876
Northwest 1 Street and 29 Northwest 9 Avenue, Miami, Florida, as more particularly described
,
Amendment application to change the future land use designation of the Property
WHEREAS, the site is 1.38± acres in size; and
WHEREAS, the Planning Department recommends denial of the application in light of
11.0 into a neighborhood that is low-scale residential in character and is governed by lot
coverage and maximum height, rather than FLR; and
WHEREAS, the Planning, Zo at its meeting on May 2,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-017 by a vote
of seven to three (7-3), Item No. PZAB.2, recommending approval of the small scale Land Use
Designation Change; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ; Ordinance No. 13114, the Zoning
; and all other City of
regulations; and
City of Miami File ID: 4196 (Revision: A) Printed On: 7/10/2024
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 Comprehensive Plan Amendment to the Future Land Use Map
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 Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to
small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended
by changing the Future Land Use designation of the Property, as more particularly described in
Section 3. It is found that this Comprehensive Plan designation change 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,
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 FLUM amendment 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 one hundred fifty (150) dwelling units per acre pursuant to the
MCNP, 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, Section 163.3187, Florida
Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning
Department to promptly transmit a certified copy of this Ordinance after its adoption on second
reading to the reviewing agencies pursuant to Section 163.3184, Florida Statutes, and any other
person or entity requesting a copy.
Section 5. 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.
City of Miami File ID: 4196 (Revision: A) Printed On: 7/10/2024
Section 6. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
1
Statutes.
APPROVED AS TO FORM AND CORRECTNESS:
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: 4196 (Revision: A) Printed On: 7/10/2024