Loading...
HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attomey%_A_-:::, for DATE: May 11, 2023 RE: Ordinance No. 14099 — Land Use - 1950 Northwest 12 Avenue File No. 12223 At its September 13, 2022, meeting, the City Commission adopted the above -referenced agenda item, PZ.17, 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, is hereby amended by changing the Future Land Use designation of 5.00 f acres of real property generally located at 1950 Northwest 12 Avenue, Miami, Florida, as described in "Exhibit A," attached and incorporated therein, from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation." The Legislation has been corrected and incremented to Revision B. VM/ALK/vja Enclosure(s) o N *� o "*1 N _ W i� 'Tlrn CO ! r �• m 77 O x 12ZZ 3 SCAA, ✓xrtki � �7u�cr � �ti �" ti•^ City of Miami Ordinance 14099 non unu `� <lIR^01 = Legislation File Number: 12223 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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, Nki9mi, Florida is the subject of this application; and WHEREAS, the area subject to this application is 5.00 ± acres in size; and -, Cal -c o :�' '- WHEREAS, the Property is owned by the City and is located in the northertrt �he,� Health District; and ,, 3 )> � FT-1 WHEREAS, this application, along with four (4) other sets of Comprehensive;)lan-- amendments and their companion rezones, is submitted in conjunction with the Miami FJ�Idom 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 ("PZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-029 by a vote of 7 to 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use amendment; and City of Miami Pagel of 3 File ID: 12223 (Revision: B) Printed On: 511112023 File ID: 12223 Enactment Number: 14099 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 designAonN change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; �� .ac (b) The proposed amendment does not involve a text change1,zgoaG r� policies, or objectives of the City's comprehensive plan, but proposes a land use chtq-the future land use map for a site -specific development. However, text changes that rel -direEty ; 1 to, and are adopted simultaneously with the small-scale FLUM amendment shall bep@�nis�ble; r (c) Is one which is not located within an area of critical state con&rn� designated by Section 380.0552, Florida Statutes or by the Administration CommissiorT 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 Page 2 of 3 File ID: 12223 (Revision: B) Printed on: 511112023 File ID: 12223 Enactment Number: 14099 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: LAt6ria-Vrdd_z, Cify Attor iey 8/24/2022 ria dez, Cify Attor iey 8/24/2022 ria dez, Cify Attor iey 5/11/2023 o C.3 c)r m °° rl - 3--4C n LID t� rn N O ' 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 3 File ID: 12223 (Revision: B) Printed on: 511112023 City of Miami <OR�Q< x, Legislation Ordinance File Number: 12223 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 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 AvenLR, MtIjni, Florida is the subject of this application; and WHEREAS, the area subject to this application is 5.00 t acres in size; and WHEREAS, the Property is owned by the City and is located in the northern rt (A'Jhe Health District; and rr, WHEREAS, this application, along with four (4) other sets of Comprehensiv�'la� 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 ("PZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-029 by a vote of 7 to 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use amendment; and City of Miami Page 1 of 3 File /D: 12223 (Revision: A) Printed On: 5/11/2023 File ID: 12223 Enactment Number: 14099 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 conj,$6n� designated by Section 380.0552, Florida Statutes or by the Administration CommissiolT pursuant to Section 380.05(1), Florida Statutes; (d) Density will be "Public Parks and Recreation", 0 dwelling wib per. acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and tii�nsli? wil be as established in Article 4 of the Miami 21 Code; and (e) The proposed amendment complies with the applicable acagepand density limitations set forth in the Local Government Comprehensive Planning and Qnd^J Development Regulation Act including, without limitation, Section 163.3187, FloridaPStatgles. 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 Page 2 of 3 File ID: 12223 (Revision: A) Printed on: 511112023 File ID: 12223 Enactment Number: 14099 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: ria dez, Cify Attor iey 8/24/2022 ria dez, Cify Attor iey 8/24/2022 (D *i N < FT O! iT CO �' 1 3: M C) ' 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 3 File ID: 12223 (Revision: A) Printed on: 511112023 City of Miami City Hall ' 3500 Pan Ameican Drive Legislation Miami, FL 33133 Ordinance www.miamigov.com Enactment Number File Number: 12223 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 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 N � w WHEREAS, only a portion of the property located at 1950 Northwest 12 Aven, MLWni, Florida is the subject of this application; and -<-" --< co WHEREAS, the area subject to this application is 6.106 t acres in size; and:r,. WHEREAS, the Property is owned by the City and is located in the northern-�ppt otpe (:J Health District; and ; ws � o 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 ("PZAB"), at its meeting on, following an advertised public hearing, adopted Resolution No. PZAB-R- - by a vote of to ( - ), Item No. PZAB. , recommending of the small scale Future Land Use amendment; and City o/ Miami File ID: 12223 (Rev/slop:) Printed On: 7/19/2022 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 6.106 ± 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 relatAireqly to, and are adopted simultaneously with the small-scale FLUM amendment shall be pRmis'.�Zpble; (c) Is one which is not located within an area of critical state cec erAs designated by Section 380.0552, Florida Statutes or by the Administration Commis&�jen pursuant to Section 380.05(1), Florida Statutes; CO ; (d) Density will be "Public Parks and Recreation", 0 dwellingr'tjts {� acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, ar92en§gy wa be as established in Article 4 of the Miami 21 Code; and (e) The proposed amendment complies with the applicable ac eagT 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. 12223 (Revislon:) Printed On: 711912022 APPROVED AS TO FORM AND CORRECTNESS: o No t� r Q ml Lo ram- rn N x O City of Mlarnl File ID: 12223 (Revlrlon:) Pdntod On: 71I 2022