HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1052
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
OF THE PROPERTIES LOCATED AT APPROXIMATELY 5434
NORTHEAST MIAMI COURT AND 3 NORTHEAST 54 STREET MIAMI,
FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO
"RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 5434 NE Miami Ct and 3 NE 54 St [Commissioner Keon
Hardemon - District 5]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of Bracia Holdings LLC and Lease
Florida 54 LLC
PURPOSE: This will allow a change in Land Use designations from "Medium Density
Multifamily Residential" to "Restricted Commercial" for the properties.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on September
21, 2016, by a vote of 5-2.
City of Miami File ID: 1052 (Revision:) Printed On: 1/16/2025
City of Miami
Legislation
Ordinance
Enactment Number:13650
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1052 Final Action Date: 11/17/2016
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 OF THE
PROPERTIES LOCATED AT APPROXIMATELY 5434 NORTHEAST
MIAMI COURT AND 3 NORTHEAST 54 STREET MIAMI, FLORIDA, FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 21, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-
16-058 by a vote of five to two (5-2), item No. PZAB.14, recommending APPROVAL of the
Zoning Change as set forth; 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 of Miami and its inhabitants
to grant this change of zoning classification 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 if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of
the Miami Comprehensive Neighborhood Plan ("MCNP"), pursuant to small scale amendment
procedures subject to Section 163.3187, Florida Statutes, is further amended by changing the
Future Land Use designation of .26± acres of real properties located at approximately 5434
Northeast Miami Court and 3 Northeast 54 Street, Miami, Florida, from "Medium Density
Multifamily Residential" to "Restricted Commercial", as depicted in "Exhibit A", attached and
incorporated.
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;
City of Miami File ID: 1052 (Revision:) Printed On: 1/16/2025
(b) The cumulative annual effect of the acreage for all small scale
development amendments adopted by the local government 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, and objectives of the local government'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 Section 380.0552, Florida Statutes, or by the Administration Commission
pursuant to Section 380.05(1), Florida Statutes;
(e) Density will be "Restricted Commercial", 150 dwelling units per
acre, per the MCNP, as amended, and intensity will be as established in Article 4 of the Miami
21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended; 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 and
Zoning 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.
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
Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
§ndez, City Httor
ey 10/17/2016
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: 1052 (Revision:) Printed On: 1/16/2025