HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 7677
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
FROM "LOW DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL" OF THE 0.38 ± ACRES OF
REAL PROPERTY LOCATED AT APPROXIMATELY 2824 AND 2828
SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2824 and 2828 SW 37 Av [Commissioner Ken Russell -
District 2]
APPLICANT(S): Ben Fernandez, Esq., on behalf of 2814/16 SW 37, LLC
PURPOSE: This will amend the designation on the Future Land Use Map for the above
properties from "Low Density Restricted Commercial" to "Medium Density Restricted
Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 1,
2020, by a vote of 7-2.
City of Miami File ID: 7677 (Revision:) Printed On: 5/13/2025
City of Miami
Legislation
Ordinance
Enactment Number:13956
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 7677 Final Action Date: 12/10/2020
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 "LOW
DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL" OF THE 0.38 ± ACRES OF REAL
PROPERTY LOCATED AT APPROXIMATELY 2824 AND 2828
SOUTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", ATTACHED AND INCORPORATED;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 2824 and 2828 Southwest 37
Avenue, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated
("Property"), have a future land use designation of "Low Density Restricted Commercial" on the
Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, 2814/16 SW 37, LLC ("Applicant") submitted a Comprehensive Plan
Amendment application to change the future land use designation of the Property to "Medium
Density Restricted Commercial"; and
WHEREAS, the Property site is 0.38 ± acres in size and the "Medium Density
Residential Commercial" designation would allow residential and commercial uses and provide
for increased density and intensity on the Property; and
WHEREAS, the City of Miami ("City") seeks to incentivize mixed -use development within
a half -mile walking and biking distance to transit facilities and corridors; and
WHEREAS, analysis of Levels of Service has shown that the proposed change to the
Future Land Use Map ("FLUM") of the MCNP could result in a potential increase of population
by thirty-one (31) residents; and
WHEREAS, analysis of Levels of Service has shown that all Levels of Service appear to
be able to be met, with the exception of Transportation; and
WHEREAS, the City's Office of Capital Improvements recommends the Applicant
provide more information on how transportation impacts for the immediate neighborhoods could
be mitigated at the time of redevelopment; and
City of Miami File ID: 7677 (Revision:) Printed On: 5/13/2025
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 1,
2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-016 by a vote
of seven to two (7-2), Item No. PZAB.1, recommending approval of this small scale amendment
to the FLUM of the MCNP; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"), and all other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the small
scale amendment, including changing and changed conditions that make the passage of the
small scale amendment necessary; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it in
the best interest of the general welfare of the City and its inhabitants to approve the small scale
amendment to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 fully set forth in this Section.
Section 2. The City Commission amends the FLUM of Ordinance No. 10544, as
amended, the MCNP, pursuant to small scale amendment procedures subject to Section
163.3187, Florida Statutes, by changing the Future Land Use designation of 0.38 ± acres of real
properties located at approximately 2824 and 2828 Southwest 37 Avenue, Miami, Florida, as
more particularly described in Exhibit "A", attached and incorporated, from "Low Density
Restricted Commercial" to "Medium Density Restricted".
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, or objectives of the MCNP but proposes a land use change to the FLUM 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 "Medium Density Restricted Commercial", sixty-five
(65) dwelling units per acre, pursuant to the MCNP 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. 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: 7677 (Revision:) Printed On: 5/13/2025
Section 5. This Ordinance shall become effective thirty-one (31) days after second
reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
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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: 7677 (Revision:) Printed On: 5/13/2025