HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1035
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 1.07± ACRES OF THE REAL PROPERTIES LOCATED AT
APPROXIMATELY 3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875
DAY AVENUE, MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO
"LOW DENSITY RESTRICTED COMMERCIAL"; MAKING FINDINGS;
DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 3830, 3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue
[Commissioner Ken Russell - District 2]
APPLICANT(S): Ethan Wasserman, Esquire, on behalf of Coconut Grove Gateway, LLC.
PURPOSE: This will change the land use designation for the above properties from "Duplex
Residential" to "Low Density Restricted Commercial".
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval of the parcels located at
3875, 3865, 3851 and 3841 Day Avenue and denial of the parcels located at 3860, 3850, 3840
and 3830 Day Avenue.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on October 21, 2015, by
a vote of 9-2.
CITY COMMISSION: First Reading deferred from December 10, 2015, January 28, 2016,
March 24, 2016, April 28, 2016, June 23, 2016 and October 27, 2016.
City of Miami File ID: 1035 (Revision: A) Printed On: 1/30/2025
City of Miami
Legislation
Ordinance
Enactment Number:13713
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1035 Final Action Date: 11/16/2017
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 1.07±
ACRES OF THE REAL PROPERTIES LOCATED AT APPROXIMATELY
3830, 3840, 3850, 3860, 3841, 3851, 3865, AND 3875 DAY AVENUE,
MIAMI, FLORIDA, FROM "DUPLEX RESIDENTIAL" TO "LOW DENSITY
RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") at its meeting on
October 21, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-
068 by a vote of nine to two (9-2), Item No. PZAB.1, recommending denial of the Future Land
Use Change as set forth herein; and
WHEREAS, the Planning and Zoning Department recommended approval of the
proposed changes for the parcels located at 3875, 3865, 3851, and 3841 Day Avenue, Miami,
Florida and denial of the proposed changes for the parcels located at 3860, 3850, 3840, and
3830 Day Avenue, Miami, Florida; 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 land use designation 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 1.07± acres of real properties located at approximately 3830,
3840, 3850, 3860, 3841, 3851, 3865, and 3875 Day Avenue, Miami, Florida, from "Duplex
Residential" to "Low Density Restricted Commercial", as depicted in "Exhibit A", attached and
incorporated.
City of Miami File ID: 1035 (Revision: A) Printed On: 1/30/2025
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 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 FLUM
amendment shall be permissible;
(d) Is one which is not located within an area of critical state concern,
designated by Section 380.0552, Florida Statutes or by the Administration Commission
pursuant to Section 380.05(1), Florida Statutes;
(e) Densities will be "Low Density Restricted Commercial", or thirty-
six (36) dwelling units per acre, pursuant to the MNCP, 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(1)(c), 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(5)(c), Florida
Statutes.'
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: 1035 (Revision: A) Printed On: 1/30/2025
APPROVED AS TO FORM AND CORRECTNESS:
1
10/18/2016 rt6 ia /,� dez ity ttor ley
ez, ity ttor ey 6/13/2017
10/16/2017
City of Miami File ID: 1035 (Revision: A) Printed On: 1/30/2025