HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1032
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 1.11± ACRES OF REAL PROPERTIES LOCATED AT
APPROXIMATELY 29 NORTHWEST 42 STREET, 30 NORTHWEST 44
STREET AND 4202-4308 NORTH MIAMI AVENUE, MIAMI, FLORIDA,
FROM " DUPLEX RESIDENTIAL" AND "LOW DENSITY RESTRICTED
COMMERCIAL" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION AND UTILITIES"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 29 NW 42nd St, 30 NW 44 St and 4202-4308 North Miami
Av [Commissioner Keon Hardemon - District 5]
APPLICANT(S): Steven J. Wernick, Esquire, on behalf of Oak Plaza Associates, LLC.
PURPOSE: This will change the land use designation for the above properties from
"Duplex Residential" and "Low Density Restricted Commercial" to "Major Institutional,
Public Facilities, Transportation, and Utilities".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on September 7,
2016, by a vote of 7-3.
City of Miami File ID: 1032 (Revision: 8) Printed On: 2/4/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1032 Final Action Date: 2/22/2018
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 1.11±
ACRES OF REAL PROPERTIES LOCATED AT APPROXIMATELY 29
NORTHWEST 42 STREET, 30 NORTHWEST 44 STREET AND 4202-4308
NORTH MIAMI AVENUE, MIAMI, FLORIDA, FROM " DUPLEX
RESIDENTIAL" AND "LOW DENSITY RESTRICTED COMMERCIAL" TO
"MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND
UTILITIES"; 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 7, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
044 by a vote of seven to three (7-3), item PZAB.4, recommending denial of the Future Land
Use Change as set forth herein; and
WHEREAS, the City Commission has considered the information, analysis, and
information contained in the record, including, without limitation, the oral and written comments
and the application for the Future Land Use Change and the Goals, Objectives, and Policies of
the Miami Comprehensive Neighborhood Plan; 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 ("City") 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 1.11± acres of real properties located at approximately 29
Northwest 42 Street, 30 Northwest 44 Street, and 4202-4308 North Miami Avenue, Miami,
Florida, from "Duplex Residential" and "Low Density Restricted Commercial" to "Major
City of Miami File ID: 1032 (Revision: 8) Printed On: 2/4/2025
Institutional, Public Facilities, Transportation, and Utilities", 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;
(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, and 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 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) Densities will be to the least intense abutting/adjacent residential
zoning district, per the MNCP, as amended, and intensity will be as established in Article 4 of
Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami, Florida; 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 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 shall become effective 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, ity Attor ey 10/17/2016
-ndez, ity Attor
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: 1032 (Revision: B) Printed On: 2/4/2025