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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14097 Title: 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 150 NE 19 St [Commissioner Christine King — District 5] APPLICANT(S): Arthur Noriega V, City Manager on behalf of City of Miami PURPOSE: This will amend the designation on the Future Land Use Map for the above property from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation". FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: PLANNING, ZONING AND APPEALS BOARD: On July 20, 2022 recommended approval, by a vote of 7-2. City of Miami File ID: 12221 (Revision: A) Printed On: 511812023 City of Miami City Hall Legislation 3500 Pan Ameican Drive Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:14097 File Number: 12221 Final Action Date: 9/13/2022 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly described in the attached and incorporated Exhibit "A", ("Property") has a current future land use designation of "Major Institutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the Property to "Public Parks and Recreation"; and WHEREAS, the Property is 6.170± acres in size; and WHEREAS, the Property is owned by the City and is located between the Omni and Edgewater neighborhoods; and WHEREAS, this application, along with four (4) other sets of Comprehensive Plan amendments and their companion rezones, is submitted in conjunction with the Miami Freedom Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply with MCNP Policy PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami Freedom Park SAP would convert approximately twenty three (23) acres of public park land to another use; and WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-027 by a vote of seven to two (7-2), Item No. PZAB.8, recommending approval of the small scale Future Land Use amendment; and City of Miami File ID: 12221 (Revision: A) Printed On: 511812023 WHEREAS, City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; and WHEREAS, 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, 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 amendment to the FLUM of the MCNP as hereinafter set forth; 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 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 hereby amended by changing the Future Land Use designation of 6.170± acres of real property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly described in Exhibit "A", attached and incorporated, from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation". Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The proposed 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 future land use map for a site -specific development. However, text changes that relate directly to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall be permissible; (c) 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; (d) Density will be "Public Parks and Recreation", 0 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as established in Article 4 of the the Miami 21 Code; and (e) 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. 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 5. 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.' ' 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: 12221 (Revision: A) Printed On: 511812023 APPROVED AS TO FORM AND CORRECTNESS: 1 1 Vjt6ri i dez, ity ttor �eyy 912112022 i ria i dez, ty ttor ey 5/11/2023 Revision A has the Scrivener's amendment by law department and per legal opinion, it may be certified instead of the original version. City of Miami File ID: 12221 (Revision: A) Printed On: 511812023