HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: (ID # 2229)
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544 OF THE CODE
OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, THE FUTURE LAND
USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SET
FORTH IN SECTION 163.3187, FLORIDA STATUTES, BY CHANGING
THE FUTURE LAND USE DESIGNATION OF 1.03± ACRES OF REAL
PROPERTY LOCATED APPROXIMATELY AT 2890 VIRGINIA STREET,
MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL" AND "DUPLEX RESIDENTIAL" TO "MEDIUM DENSITY
RESTRICTED COMMERCIAL" AS DEPICTED IN "EXHIBIT A,"
ATTACHED AND INCORPORATED; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 2890 Virginia St. [Commissioner Russell - District 2]
APPLICANT(S): David Sacks, Esquire, on behalf of Virginia Miami Realty LLC
PURPOSE: This will change the above property from "Medium Density Multifamily Residential'
and "Duplex Residential' to "Medium Density Restricted Commercial'.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended denial in April 19, 2017, by a
vote of 6-4.
City of Miami File ID: 2229 (Revision:) Printed On: 10/5/2018
File Number: 2229
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/22/2018
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES
SET FORTH IN SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE
FUTURE LAND USE DESIGNATION OF 1.03± ACRES OF REAL PROPERTY LOCATED
APPROXIMATELY AT 2890 VIRGINIA STREET, MIAMI, FLORIDA, FROM "MEDIUM
DENSITY MULTIFAMILY RESIDENTIAL" AND "DUPLEX RESIDENTIAL" TO "MEDIUM
DENSITY RESTRICTED COMMERCIAL" AS DEPICTED IN "EXHIBIT A," ATTACHED
AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
April 19, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-027
by a vote of six to four (6-4), Item No. PZABA , recommending denial of the change to the
Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP");
and
WHEREAS, at the October 22, 2009 meeting of the City Commission, Ordinance
No.13115, as amended, was adopted to amend Ordinance No.10544, as amended, the MCNP,
in order to incorporate new Future Land Use Designations ("FLUD") created in coordination with
the adoption of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as
amended ("Miami 21 Code"), and to amend the FLUID of various properties within newly
adopted Transect Zone designations ("Identified Properties"); and
WHEREAS, some properties requiring a Comprehensive Plan Amendment, including the
property at 2890 Virginia Street, Miami, Florida ("Property"), were not included on the map
transmitted to Department of Economic Opportunity, f/k/a Department of Community Affairs
("DEO"), attached and incorporated as Exhibit "E," which identified those areas requiring that
amendment, thus they were not heard by the City Commission or transmitted to the DEO in
October, 2009; and
WHEREAS, in 2016, the owner of the Property made the decision to submit an
application to amend the FLUID for the Property to the designation which properly corresponds
to the new Transect Zone that was adopted in 2009 as a part of the Miami 21 Code; 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 of Miami 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:
City of Miami File ID: 2229 (Revision:) Printed On: 10/5/2018
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 set forth in Section 163.3187, Florida Statutes, is further
amended by changing the FLUD of 1.03± acres of real property located at approximately 2890
Virginia Street, Miami, Florida, from "Medium Density Multifamily Residential" and "Duplex
Residential" to "Medium Density Restricted Commercial", as depicted 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 local government 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 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;
(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 sixty-five (65) dwelling units per acre, per the
MCNP, as amended, and intensity will be as established in Article 4 of the Miami 21 Code, as
amended; 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. The City Manager is directed to instruct the Director of the Planning to
promptly transmit a certified copy of this Ordinance after its adoption on second reading to the
applicable reviewing agencies pursuant to Section 163.3184, Florida Statutes, and any other
person or entity requesting a copy thereof.
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.
Section 6. This Ordinance may not become effective until thirty-one (31) days after
second reading and adoption thereof pursuant and subject to Section 163.3187, Florida
Statutes.'
' 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: 2229 (Revision:) Printed On: 10/5/2018
APPROVED AS TO FORM AND CORRECTNESS:
ria ndez, ity ttor ey 5115/2017
City of Miami File ID: 2229 (Revision:) Printed On: 10/5/2018