HomeMy WebLinkAboutO-14168City of Miami
Ordinance 14168
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13523 Final Action Date: 5/11/2023
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 "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL" FOR THE PROPERTY GENERALLY
LOCATED AT 3121, 3147, 3135, 3145, 3153, 3163, AND 3173 MUNDY
STREET AND 3645 AND 3633 DAY AVENUE, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN COMPOSITE EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("the
Applicant") has submitted a request to amend the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation from
"Duplex Residential" to "Medium Density Restricted Commercial" for the property generally
located at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy Street and 3645 and 3633
Day Avenue, Miami, Florida (collectively, "the Property") pursuant to Directive 22-036 from the
October 13, 2022 City Commission meeting; and
WHEREAS, the Property consists of nine (9) parcels totaling approximately 50,290
square feet (-1.15 acres) of land; and
WHEREAS, the Property is located in the Village West Island and Charles Avenue
Neighborhood Conservation District ("NCD-2"); and
WHEREAS, the precursor for the NCD-2, the "SD-26 Coconut Grove Market Overlay
District," was established by Ordinance No.12324 by amending the prior City of Miami Zoning
Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No.
11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay
District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651
amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and
to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and
further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood
Conservation Overlay District"; and
City of Miami Page 1 of 3 File ID: 13523 (Revision:) Printed On: 7/1/2025
File ID: 13523 Enactment Number: 14168
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the current Zoning Ordinance, as amended ("Miami 21 Code"); and
WHEREAS, on April 23, 2020, the Miami City Commission, per City Commission
Resolution No. R-20-0131, found that the West Grove has been plagued by economic blight;
and
WHEREAS, pursuant to City Commission directive on September 10, 2020, the City of
Miami ("City"), working with a consultant, completed a report to identify future housing
opportunities within the West Grove community, titled "West Grove Affordable Housing
Blueprint"; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission
directed the City Manager and the City Attorney to take any and all actions to improve
affordable housing within the Little Bahamas area of the City; and
WHEREAS, Appendix A.2 of the Miami 21 Code contains the Neighborhood
Conservation District 2 regulations, titled "Village West Island District and Charles Avenue"
("NCD-2"); and
WHEREAS, the intent of the NCD-2 is to identify and recognize areas in Coconut Grove
that are historically significant; to promote gateways, gathering places, and activities
corresponding to its culture and heritage; to compliment the character of the entire community
and promote the history of the Island District; and to promote its successful revitalization and
restoration; and
WHEREAS, the Property is located within the West Grove neighborhood where there
are a variety of zoning designations, commercial uses, and single family and duplex housing
types; and
WHEREAS, changes to the FLUM of the Property could alleviate the conditions of blight
while supporting the intentions of maintaining the distinct character and heritage of the Village
West Island District; and
WHEREAS, at the October 13, 2022 City Commission meeting, the City Commission
directed the City Manager and the City Attorney to take any and all actions to initiate future land
use map amendments, rezonings, and waivers, pursuant to the Miami 21 Code, including for the
acreage of real property at 3121, 3147, 3135, 3145, 3153, 3163, and 3173 Mundy Street and
3645 and 3633 Day Avenue, Florida; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March
1, 2023, following an advertised public hearing, adopted Resolution No.PZAB-R-23-026, by a
vote of nine to zero (9-0), Item No. PZAB.8, recommending approval of the Land Use
Designation Change to medium density restricted; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP, the Miami 21 Code, and all other City regulations; and
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
proposed change necessary; and
City of Miami Page 2 of 3 File ID: 13523 (Revision:) Printed on: 7/1/2025
File ID: 13523 Enactment Number: 14168
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 this 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 if fully set forth in this Section.
Section 2. The Future Land Use Map of the Miami Comprehensive Neighborhood Plan,
Ordinance No. 10544, as amended, pursuant to small scale amendment procedures subject to
§163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation
of a total of approximately 1.15 acres ± acres from "Duplex Residential" to "Medium Density
Restricted Commercial" for the property generally located at 3121, 3147, 3135, 3145, 3153,
3163, and 3173 Mundy Street and 3645 and 3633 Day Avenue as described in Composite
Exhibit "A", attached and incorporated.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
Section 4. 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:
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: 13523 (Revision:) Printed on: 7/1/2025