HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 1124
Title: TO BE DEFERRED
LOCATION: Approximately 3801 Biscayne Boulevard and 455 Northeast 38th Street
[Commissioner Ken Russell - District 2]
APPLICANT(S): Ben Fernandez, Esquire, on behalf of 3801 Biscayne Ltd. and 3801 Biscayne
Corp.
PURPOSE: This will change the above properties from "Medium Density Multifamily
Residential" to "Medium Density Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on February 17, 2016, by
a vote of 6-1.
CITY COMMISSION: Legistar file history - First Reading deferred from March 24, 2016, April
28, 2016, June 23, 2016, September 22, 2016 and October 27, 2016.
City of Miami File ID: 1124 (Revision:) Printed On: 2/18/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 1124 Final Action Date: 7/26/2018
TO BE DEFERRED
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 .75± ACRES, AS DESCRIBED IN
"EXHIBIT A", ATTACHED AND INCORPORATED, OF THE REAL PROPERTY LOCATED AT
455 NORTHEAST 38TH STREET, MIAMI, FLORIDA, AND A PORTION OF THE REAL
PROPERTY LOCATED AT 3801 BISCAYNE BOULEVARD, MIAMI, FLORIDA FROM
"MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "MEDIUM 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
February 17, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
009 by a vote of six to one (6-1), item no. 1, recommending DENIAL of the Future Land Use
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 ("City") and its
residents 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 .75± acres, as described in "Exhibit A", attached and
incorporated, of the real property located at 455 Northeast 38th Street, Miami, Florida, and a
portion of the real property located at 3801 Biscayne Boulevard, Miami, Florida, from "Medium
Density Multifamily Residential" to "Medium Density Restricted Commercial".
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: 1124 (Revision:) Printed On: 2/18/2025
(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 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 65 dwelling units per acre, per the MCNP, as amended, and
intensity will be as established in Article 5 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(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 Section163.3187(5)(c), 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: 1124 (Revision:) Printed On: 2/18/2025