HomeMy WebLinkAboutO-13829City of Miami
Legislation
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try Ordinance: 13829
File Number: 4414
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 3/28/2019
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 MULTIFAMILY RESIDENTIAL" OF THE ACREAGE DESCRIBED
HEREIN OF REAL PROPERTY LOCATED AT APPROXIMATELY 1015
SOUTHWEST 29 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at approximately 1015 Southwest 29 Avenue, Miami,
Florida ("Property") has a current Future Land Use designation of "Duplex Residential'; and
WHEREAS, Jose and Gisela Sobero ("Applicant") submitted a Comprehensive Plan
Amendment application to change the Future Land Use designation from "Duplex Residential'
to "Medium Density Multifamily Residential'; and
WHEREAS, the Property site is 0.18 ± acres in size; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on June 6,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-026 by a vote
of eight to zero (8-0), Item No. PZABA, recommending approval of the small scale
Comprehensive Plan Amendment; and
WHEREAS, the City Commission has considered the goals, objectives, and policies of
the Miami Comprehensive Neighborhood Plan ("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
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
recommend approval of 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:
City of Miami Page 1 of 3 File ID: 4414 (Revision:) Printed On: 4/8/2019
File ID: 4414 Enactment Number: 13829
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as 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 approximately 0.18 acres of real property
located at approximately 1015 Southwest 29 Avenue, Miami, Florida, as more particularly
described in Exhibit "A," attached and incorporated, from "Duplex Residential" to "Medium
Density Multifamily Residential."
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 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 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, per the MCNP, as amended, and intensity
will be as established in Article 4 of the Miami 21 Code; and
(f) The 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
Department to promptly transmit a certified copy of this Ordinance after its adoption on second
reading to the reviewing agencies pursuant to Section 163.3184, Florida Statutes, and any other
person or entity requesting a copy.
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 Page 2 of 3 File ID: 4414 (Revision:) Printed on: 4/8/2019
File ID: 4414
APPROVED AS TO FORM AND CORRECTNESS:
1
ria ndez, ity ttor ey 811/2018
Enactment Number: 13829
City of Miami Page 3 of 3 File ID: 4414 (Revision:) Printed on: 4/8/2019