HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14099
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 A
PORTION OF REAL PROPERTY GENERALLY LOCATED AT 1950
NORTHWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: Approximately 1950 NW 12 Av [Commissioner Alex Diaz de la Portilla — District 1]
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: On July 20, 2022 recommended approval, by a
vote of 7-2.
City of Miami File ID: 12223 (Revision: 8) Printed On: 511812023
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14099
File Number: 12223 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 A PORTION OF REAL PROPERTY
GENERALLY LOCATED AT 1950 NORTHWEST 12 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 generally located at 1950 Northwest 12 Avenue, 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, only a portion of the property located at 1950 Northwest 12 Avenue, Miami,
Florida is the subject of this application; and
WHEREAS, the area subject to this application is 5.00 ± acres in size; and
WHEREAS, the Property is owned by the City and is located in the northern part of the
Health District; 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-22-029 by a
City of Miami File ID: 12223 (Revision: 8) Printed On: 511812023
vote of 7 to 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use
amendment; and
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 5.00 ± acres of real property
generally located at 1950 Northwest 12 Avenue, Miami, Florida, as 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 FLUM 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 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.
City of Miami File ID: 12223 (Revision: 8) Printed On: 511812023
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.'
APPROVED AS TO FORM AND CORRECTNESS:
1 1
Jir 4id'H ez,City Attor i ey 8/24/2022 Uria ndez, City Mtor ey 8/2412022
1
"na dez, City Attor iey 5/11/2023
Revision B has the Scrivener's amendment by law department and per legal opinion, it may be certified
instead of Revision A.
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: 12223 (Revision: 8) Printed On: 511812023