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Home My WebLink AboutO-14166City of Miami Ordinance 14166 �a�l111 II li.RR �I + Legislation File Number: 12615 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/27/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS, RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM AREAS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted on February 9, 1989, pursuant to Ordinance No. 10544, pursuant to Chapter 163, Part II, Florida Statutes; and WHEREAS, the MCNP establishes goals, objectives, and policies for land use within the City of Miami ("City"); and WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City Commission adopted the City of Miami Fiscal Year 2020-2021 operating budget; and WHEREAS, the City of Miami Fiscal Year 2020-2021 operating budget eliminated the Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET functions; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on January 4, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 007 by a vote of seven to one (7-1), Item No. PZAB.12, recommending approval of the MCNP text amendment; and WHEREAS, it is necessary to address all references to the NET in the MCNP; 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 residents to amend the MCNP as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 12615 (Revision:) Printed On: 5/9/2023 File ID: 12615 Enactment Number: 14166 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. The City Commission hereby further amends the MCNP pursuant to Expedited State Review amendment procedures as stated in Section 163.3184, Florida Statutes, by amending the text of the MCNP as follows:' "FUTURE LAND USE Policy LU-1.5.3: Notice of application for special permits or other such administrative land use or zoning permits provided for in the future, shall be provided to any 4E-T FegisteFed homeowners associations or neighborhood associations registered with the City and located in the same designated area of the subject property thirty days prior to issuance of the special permit or such administrative land use or zoning permits provided for in the future zoning and land use regulations and promptly after issuance of the decision with explanation of appeal procedures allowing sufficient time for such appeals. Policy LU-1.5.4: Notice of application requiring public hearings shall be provided to any NET regist row, homeowner and neighborhood associations registered with the City and located in the same designated area of the subject property and to owners within a certain number of feet as provided for in the City code. PARKS, RECREATION AND OPEN SPACE Policy PR-6.1.1: The Parks, Recreation, and Open Space Element recognizes the dissolution of the City's Neighborhood Enhancement Team (NET) functions. At the same time, the strategy for the 2007 Parks Master Plan is based on analysis of the City by NET Areas. Therefore, for the purpose uninterrupted implementation of the 2007 Parks Master Plan, references to the City's NET Areas remain valid and in effect until further notice. A map of the NET Areas as of September 30, 2020, can be found in Appendix PR-1. Section 3. The City Commission hereby further amends the MCNP pursuant to Expedited State Review amendment procedures as stated in Section 163.3184, Florida Statutes, by approving Appendix PR-1, attached and incorporated as Exhibit "A", to be attached to the MCNP. ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 4 File ID: 12615 (Revision:) Printed on: 5/9/2023 File ID: 12615 Enactment Number: 14166 Section 4. The City Commission finds that the Comprehensive Plan amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184, Florida Statutes; (c) Involves a text change to the Goals, Objectives, and Policies of the Future Land Use Element and to the Interpretation of the 2020 FLUM; (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) Complies with the applicable density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act, if applicable. Section 5. The City Manager is directed to transmit a copy of this proposed amendment to all reviewing agencies and any other local government or governmental agency that has filed a written request within ten (10) working days after First Reading pursuant to Section 163.3184, Florida Statutes. Section 6. The City Manager is further directed to review all comments received and to take these comments into consideration for any necessary revisions for Second Reading of this proposed amendment. Section 7. The City Manager is further directed to transmit a copy of the adopted amendment along with supporting data and analysis to the State Land Planning Agency and all agencies or local governments that provided timely comments after First Reading within ten (10) working days after Second Reading. Section 8. 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 9. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 2 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 4 File ID: 12615 (Revision:) Printed on: 5/9/2023 File ID: 12615 Enactment Number: 14166 APPROVED AS TO FORM AND CORRECTNESS: 1 Vft6ria-Vrdel, City Attor iey 1/20/2023 City of Miami Page 4 of 4 File ID: 12615 (Revision:) Printed on: 5/9/2023