HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
Title: 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 "LOW
DENSITY RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL" OF THE REAL PROPERTIES LOCATED
AT APPROXIMATELY 2810, 2814, 2816, AND 2818 SOUTHWEST 37
AVENUE AND 3700 SOUTHWEST 28 STREET, MIAMI, FLORIDA, AS
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING
FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2810, 2814, 2816, 2818, SW 37 Avenue and 3700 SW 28 Street
[Commissioner Ken Russell - District 2]
APPLICANT(S): Ben Fernandez, Esq., on behalf of 2814/16 SW 37, LLC.
PURPOSE: This will change the properties from "Low Density Restricted Commercial' to
"Medium Density Restricted Commercial."
FINDING(S):
PLANNING DEPARTMENT: Recommended denial.
PLANNING, ZONING AND APPEALS BOARD: On October 4, 2017, the PZAB failed to make a
recommendation regarding either a denial or approval, by a vote of 4-4.
City of Miami File ID: 3111 (Revision:) Printed On: 7/30/2018
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` City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
' f�•°� Ordinance www.miamigov.com
Enactment Number:13764
File Number: 3111 Final Action Date: 4/12/2018
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 "LOW DENSITY
RESTRICTED COMMERCIAL" TO "MEDIUM DENSITY RESTRICTED COMMERCIAL" OF
THE REAL PROPERTIES LOCATED AT APPROXIMATELY 2810, 2814, 2816, AND 2818
SOUTHWEST 37 AVENUE AND 3700 SOUTHWEST 28 STREET, 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 October
4, 2017, following an advertised public hearing, failed to make a recommendation of approval of
the small scale Land Use Designation Change as stated herein; and
WHEREAS, the properties located at 2810, 2814, 2816, and 2818 Southwest 37 Avenue
and 3700 Southwest 28 Street, Miami, Florida, as more particularly described in Exhibit "A,"
attached and incorporated ("Properties"), have a current future land use designation of "Low
Density Restricted Commercial'; and
WHEREAS, the applicant has submitted a request to change the future land use
designation of the Properties to "Medium Density Restricted Commercial'; and
WHEREAS, the proposed future land use designation change is appropriate in light of
the intent of the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"),
and particularly in relation to the effects on adjoining properties; and
WHEREAS, the City Commission has considered the recommendations of the Planning
Director and the tied vote of the PZAB; 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
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changing conditions that make the passage of the proposed
legislation necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami File ID: 3111 (Revision:) Printed On: 7/30/2018
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of
the MCNP is amended by changing the Future Land Use designation of the Properties from
"Low Density Restricted Commercial" to "Medium Density Restricted Commercial."
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, and objectives of the City's comprehensive plan, 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 equivalent to "Medium Density Multifamily
Residential", or sixty-five (65) dwelling units per acre, pursuant to the MNCP, as amended, and
intensity will be as established in Article 4 of 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
I 4rialndez, City Attor iey 11/6/2017
' 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: 3111 (Revision:) Printed On: 7/30/2018