HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 4541
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES
OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448,
AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457
NORTHEAST 37 STREET, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," FROM "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 428, 430, 448, 454 NE 38 St, and 433, 441, 457 NE 37 St
[Commissioner Ken Russell - District 2]
APPLICANT(S): Tony Recio, Esquire, on behalf of Magnolia Holdings 38th Street, LLC.
PURPOSE: This will change the above property from "Medium Density Multifamily Residential"
to "Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: The motion to recommend approval on June 20,
2018 failed, by a vote of 5-4; this recommendation required a supermajority vote.
City of Miami File ID: 4541 (Revision:) Printed On: 6/3/2025
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 4541 Final Action Date: 11/18/2021
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 §163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION OF 1.38± ACRES
OF REAL PROPERTY LOCATED AT APPROXIMATELY 428, 430, 448,
AND 454 NORTHEAST 38 STREET AND 433, 441, AND 457 NORTHEAST
37 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED
IN EXHIBIT "A," FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL"
TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at approximately 428, 430, 448, and 454 Northeast
38 Street and 433, 441, and 457 Northeast 37 Street, Miami, Florida ("Property") have a current
future land use designation of "Medium Density Multifamily Residential"; and
WHEREAS, Magnolia Holdings 38th Street LLC ("Applicant") has submitted a request to
change the future land use designation to "Restricted Commercial"; and
WHEREAS, the Applicant submitted a companion application to change the zoning
designation from T5-R, "Urban Center Transect — Restricted," to T6-8-O, "Urban Core Transect
— Open"; and
WHEREAS, the Property site is 1.38± acres in size; and
WHEREAS, the proposed amendment would allow for more intense redevelopment,
which is an appropriate development pattern adjacent to an expressway, in this case 1-195; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June
20, 2018, following an advertised public hearing, failed to make a recommendation to approve
or deny the proposed Comprehensive Plan amendment to the Future Land Use Map ("FLUM")
as the PZAB made a motion to approve the proposed request, which did not obtain the required
concurring votes of a supermajority of board members present pursuant to Section 7.1.1.4(4) of
Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami
21 Code"), and Section 62-8(d) of the Code of the City of Miami, Florida, as amended ("City
Code"), as five (5) members voted in favor of approval and four (4) members voted against
approval; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and all other City
of Miami ("City") regulations; and
City of Miami File ID: 4541 (Revision:) Printed On: 6/3/2025
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing and changed conditions that make the passage of the this
ordinance necessary; 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 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 fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant to
small scale amendment procedures subject to §163.3187, Florida Statutes, is further amended
by changing the Future Land Use designation of the Property, as more particularly described in
Exhibit "A", attached and incorporated, from "Medium Density Multifamily Residential" to
"Restricted Commercial."
Section 3. It is found that this Comprehensive Plan designation change involves a
use of ten (10) acres or fewer and:
(a) The cumulative annual effect of the acreage for all small scale
development amendments adopted by the local government does not exceed a maximum of
one hundred twenty (120) acres in a calendar year;
(b) 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;
(c) Is one which is not located within an area of critical state concern
as designated by §380.0552, Florida Statutes, or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(d) In the proposed amendment, density would be "Restricted
Commercial," one hundred fifty (150) dwelling units per acre, per the MCNP and intensity would
be as established in Article 4 of the Miami 21 Code; and
(e) 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, §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 §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.
City of Miami File ID: 4541 (Revision:) Printed On: 6/3/2025
Section 6. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, City Attor ey 9/17/2018
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: 4541 (Revision:) Printed On: 6/3/2025