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Ordinance: 13759
File Number: 3558
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/22/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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
"MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "GENERAL
COMMERCIAL" OF THE 0.36 ± ACRES OF REAL PROPERTIES LOCATED
APPROXIMATELY AT 3616 AND 3620 NORTHWEST 20 AVENUE, MIAMI,
FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") at its meeting on
December 6, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-
092 by a vote of eight to zero (8-0), Item No. PZAB.4, recommending approval of the small-
scale Land Use Designation Change as stated herein; and
WHEREAS, 201h Avenue Partners LLC ("Applicant') owns the properties located at 3616
and 3620 Northwest 20 Avenue, Miami, Florida ("Properties"); and
WHEREAS, the property located at 3616 Northwest 20 Avenue, Miami, Florida has a
split future land use designation of "Medium Density Restricted Commercial" and "General
Commercial" and the property located at 3620 Northwest 20 Avenue, Miami, Florida has a
future land use designation of "Medium Density Restricted Commercial" on the Future Land Use
Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP"); and
WHEREAS, the Applicant wishes to change the future land use designation of the
Properties to "General Commercial" to develop the Properties as one site; and
WHEREAS, the Applicant has submitted a companion application to change the zoning
classification of the properties from 75-L," Urban Center Transect -Limited, to 76-8-0," Urban
Core Transect -Open; and
WHEREAS, immediately adjacent to the Properties are single-family, duplex, and
multifamily housing; and
WHEREAS, both of the Properties are 0.5 ± acres in size, adjacent to the Northwest 36
Street corridor, and Southeast of the intersection of Northwest 22 Avenue and SR -112 where
the Earlington Heights Metrorail Station connects to the Health District, Downtown Miami,
Hialeah, the University of Miami, and the Miami International Airport; and
WHEREAS, 15,660 square feet (0.36 ± acres) of the total 22,530 square feet (0.5 ±
acres) of the Properties are designated "Medium Density Restricted Commercial", which the
Applicant proposes to change to "General Commercial"; and
City of Miami Page 1 of 3 File ID: 3558 (Revision:) Printed On: 7/11/2018
File ID: 3558 Enactment Number: 13759
WHEREAS, the proposed amendment would increase density for two-thirds of the
Properties from 65 dwelling units per acre to one hundred fifty (150) dwelling units per acre; and
WHEREAS, the Planning Department reviewed the application and found that the
request to amend the FLUM from "Medium Density Restricted Commercial" to "General
Commercial" for a portion of 3616 Northwest 20 Avenue, Miami, Florida would unify the
property's designation and remain consistent with the adjacent properties; and
WHEREAS, increasing density within the Transit Oriented Development ("TOD") area
meets the goals of the Future Land Use Element of the MCNP; and
WHEREAS, the Planning Department found that the request to change the FLUM from
"Medium Density Restricted Commercial" to "General Commercial" for the property at 3620
Northwest 20 Avenue, Miami, Florida would allow density in a way that is incompatible with the
immediately adjacent "Medium Density Restricted Commercial" properties; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the MCNP; Ordinance No. 13114, as amended, the Zoning Ordinance of the City of Miami,
Florida ("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 including, without limitation, the furtherance of the goals,
objectives, and policies of the MCNP as set for the in the application and the record; 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 amend
the Comprehensive Plan Amendment to the FLUM as hereinafter set forth for the Properties;
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 amended
by changing the Future Land Use designation of 0.36 ± acres of the Properties from "Medium
Density Restricted Commercial" to "General Commercial," as more particularly described in
Exhibit "A," attached and incorporated.
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;
City of Miami Page 2 of 3 File ID: 3558 (Revision:) Printed on: 7/11/2018
File ID: 3558
Enactment Number: 13759
(c) The proposed amendment does not involve a text change to goals,
policies, and 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;
(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 "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
(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. 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
Un ndez, City Attor ey 2/8/2018
' 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: 3558 (Revision:) Printed on: 7/11/2018