Loading...
HomeMy WebLinkAboutO-13956City of Miami Ordinance 13956 Legislation City Hall 3500 Pan American 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 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 City of Miami Page 1 of 3 File ID: 7677 (Revision:) Printed On: 5/13/2025 File ID: 7677 Enactment Number: 13956 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. City of Miami Page 2 of 3 File ID: 7677 (Revision:) Printed on: 5/13/2025 File ID: 7677 Enactment Number: 13956 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. 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: ndez, ity Attor ey 9/10/2020 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 Page 3 of 3 File ID: 7677 (Revision:) Printed on: 5/13/2025