HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 13319
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 "SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL"
OF THE PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET,
40 NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET,
MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
LOCATION: Approximately 39 Northwest 39 Street, 40 Northwest 39 Street, and 48
Northwest 39 Street
APPLICANT(S): Andres Rivero, Esq., on behalf of Design District 39 LLC, ESJ Design
District 40 LLC, and Design District 48 LLC.
PURPOSE: This will change the above property from "Single -Family Residential" to
"Low Density Restricted Commercial".
FINDING(S):
PLANNING DEPARTMENT: Recommended denial of Low Density Restricted
Commercial and approval of Duplex Residential.
PLANNING, ZONING AND APPEALS BOARD: On January 18, 2023, recommended
denial of the Single Family Residential to Low Density Restricted Commercial
designation change, and recommended approval of the Single Family Residential to
Duplex Residential designation change, by a vote of 6-3.
City of Miami File ID: 13319 (Revision: A) Printed On: 7/8/2025
City of Miami
Legislation
Ordinance
Enactment Number:14189
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13319 Final Action Date: 7/13/2023
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
"SINGLE-FAMILY RESIDENTIAL" TO "DUPLEX RESIDENTIAL" OF THE
PROPERTY(IES) LOCATED AT 39 NORTHWEST 39 STREET, 40
NORTHWEST 39 STREET, AND 48 NORTHWEST 39 STREET, MIAMI,
FLORIDA, 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 39 Northwest 39 Street, 40 Northwest 39 Street,
and 48 Northwest 39 Street, Miami, Florida (collectively, "Property") have an existing Future
Land Use designation of "Single -Family Residential"; and
WHEREAS, the Property is an assemblage of three (3) parcels totaling approximately
15,000 square feet (± 0.34 acres) of land; and
WHEREAS, Andres Rivero, on behalf of Design District 39 LLC, ESJ Design District 40
LLC, and Design District 48 LLC (collectively, "Applicant") has submitted a Comprehensive Plan
Amendment application to change the future land use designation of the Property to "Low
Density Restricted Commercial"; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
January 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
008 by a vote of six to three (6-3), Item No. PZAB.1, recommending denial of the change from
Single Family Residential to Low Density Restricted Commercial designation and
recommending approval of a change from Single Family Residential to the Duplex Residential
designation; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan, as amended ("MCNP"), Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other
City of Miami ("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 File ID: 13319 (Revision: A) Printed On: 7/8/2025
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height; and
WHEREAS, at the July 13, 2023, City Commission meeting the Applicant voluntarily
requested that the City Commission grant the change to the Comprehensive Plan Amendment
to the Future Land Use Map from Single Family Residential to Duplex Residential as
recommended by the Planning Department; and
WHEREAS, 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
Comprehensive Plan Amendment to the Future Land Use Map ("FLUM") 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 FLUM of the MCNP, pursuant to
small scale amendment procedures subject to Section 163.3187, Florida Statutes, is hereby
amended by changing the Future Land Use designation of 0.34 acres ± of real property at 39
Northwest 39 Street, 40 Northwest 39 Street, and 48 Northwest 39 Street, Miami, Florida, as
described in "Exhibit A," attached and incorporated, from "Single -Family Residential" to "Duplex
Residential."
Section 3. It is found that this Comprehensive Plan designation change involves a use
of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The proposed amendment does not involve a text change to goals, policies, or
objectives of the City'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
Section 380.0552, Florida Statutes or by the Administration Commission pursuant to
Section 380.05(1), Florida Statutes;
(d) Density will be "General Commercial," one hundred fifty (150) dwelling units per acre,
pursuant to the MCNP, and intensity will 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, Section 163.3187, Florida
Statutes.
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.'
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
City of Miami File ID: 13319 (Revision: A) Printed On: 7/8/2025
APPROVED AS TO FORM AND CORRECTNESS:
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: 13319 (Revision: A) Printed On: 7/8/2025