Loading...
HomeMy WebLinkAboutLegislation-SUBCity of Miami Of Ordinance 14099 non unu `� <lIR^01 = Legislation File Number: 12223 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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, Wmi, Florida is the subject of this application; and WHEREAS, the area subject to this application is 5.00 ± acres in size; and -c WHEREAS, the Property is owned by the City and is located in the northerrj -,art �hea�l Health District; and _� `' � FT-1 WHEREAS, this application, along with four (4) other sets of Comprehensiver(Plano- amendments and their companion rezones, is submitted in conjunction with the MiaQ Ftldom Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendmenitto 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 12223 - Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 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 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. ID: 12223 Enactment 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: EAt6ria-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 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 SUBSTITUTED City of Miami Ordinance Legislation File Number: 12223 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com/ Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT ), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJE TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FU RE LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUB C FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC ARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF PORTION OF REAL PROPERTY GENERALLY LOCATED AT 1950 NORT EST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY D CRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEV BILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 195 orthwest 12 Avenue, Miami, Florida, as more particularly described in the attached d incorporated Exhibit "A" ("Property"), has a current future land use designation of "Major In Itutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, Arthur Noriega V, City Man er, on behalf of the City of Miami ("Applicant") applied to the City of Miami ("City") to amend a Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCN ) to change the future land use designation of the Property to "Public Parks and Recreation` and � Q WHEREAS, only a portion of t e property located at 1950 Northwest 12 AvenLR, Mtjni, Florida is the subject of this applica ' n; and WHEREAS, the area su sect to this application is 5.00 t acres in size; and T; w WHEREAS, the Pro erty is owned by the City and is located in the northerrt Health District; and rr, WHEREAS, t ' application, along with four (4) other sets of Comprehensiv6:%Pla= amendments and t it companion rezones, is submitted in conjunction with the Miami Freedom Park Special Are Ian ("SAP") and its companion Comprehensive Plan Amendment to comply with MCNP Pol' y PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami Freedom Par SAP would convert approximately twenty three (23) acres of public park land to another us and HEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 2/endment; following an advertised public hearing, adopted Resolution No. PZAB-R-22-029 by a vto 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use a and City of Miami Page 1 of 3 File ID: 12223 (Revision: A) Printed On: 511112023 File ID: 12223 SUBSTITUTED 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 prop ed change, including changing and changed conditions that make the passage of the propos d change necessary; and WHEREAS, City Commission, after careful consideration of this matter, dee s it advisable and in the best interest of the general welfare of the City and its inhabit is to recommend approval of this amendment to the FLUM of the MCNP as hereina r set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF HE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preambl to this Ordinance are adopted by reference and incorporated as fully set forth in this Sect' n. Section 2. Ordinance No. 10544, as amended, the FLU of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3 7, Florida Statutes, is hereby amended by changing the Future Land Use designation of .00 ± acres of real property generally located at 1950 Northwest 12 Avenue, Miami, F rida, as described in "Exhibit A," attached and incorporated, from "Major Institutional, Pu is Facilities, Transportation, and Utilities" to "Public Parks and Recreation". Section 3. It is found that this amendmen o the Comprehensive Plan designation change involves a use of fifty (50) acres or few and: (a) Is necessary due tg(changed or changing conditions; (b) The proposed :ndment does not involve a text change to goals, policies, or objectives of the City's com ehensive plan, but proposes a land use change to the future land use map for a site-specifi development. However, text changes that relate directly to, and are adopted simultaneou2hich ith the small-scale FLUM amendment shall be permissible; (c) Is one is not located within an area of critical state conj'$6n� designa/n3 ection 380.05 , Florida Statutes or by the Administration Commission � pursuation 380.05( , Florida Statutes; d ensit will be "Public Parks and Recreation", 0 dwellingwib per. acre, pto the (' )mi Comprehensive Neighborhood Plan, as amended, an d�ns� wiU be as eed in icle 4 of the Miami 21 Code; and A= >� 3-{ � (e) The proposed amendment complies with the applicable acpageoandD density set forth in the Local Government Comprehensive Planning and Qnd^J Develoegulation Act including, without limitation, Section 163.3187, FloridaPStat�s. 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinanclared 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 SUBSTITUTED 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 (D *i N < FT O! iT CO �' 1 � M C) ' T Is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) ys 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 SUBSTITUTED City of Miami City Hall ' 3500 Pan Ameican D Legislation Miami, FL 33133 Ordinance www.miamigov.cor Enactment Number File Number: 12223 Final Actio Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDIN ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND SE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN URSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJE TO SECTION 163.3187, FLORIDA STATUTES, BY CHANGI THE FUTURE LAND USE DESIGNATION FROM "MAJOR INSTITUTI AL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" T "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRI D HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 1950 N THWEST 12 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY SCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SE ERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally lo/affaed 1950 Northwest 12 Avenue, Miami, Florida, as more particularly described in the and incorporated Exhibit "A" ("Property"), has a current future land use designation of "stitutional, Public Facilities, Transportation, and Utilities"; and WHEREAS, Arthur Noriega V, Ci Manager, on behalf of the City of Miami ("Applicant") applied to the City of Miami ("City") to end the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan CNP") to change the future land use designation of the Property to "Public Parks and Recr tion"; and C N � w WHEREAS, only a port' n of the property located at 1950 Northwest 12 Aven, MLWni, Florida is the subject of this plication; and -<-" --< co WHEREAS, the a a subject to this application is 6.106 t acres in size; and:r,. WHEREAS, t Property is owned by the City and is located in the northern-�ppt otpe (:J Health District; and ; ws � o WHER S, this application, along with four (4) other sets of Comprehensive Plan amendments nd their companion rezones, is submitted in conjunction with the Miami Freedom Park Speci Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply with MC Policy PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami Freedo Park SAP would convert approximately twenty three (23) acres of public park land to anot ruse; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on, ollowing 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 SUBSTITUTED 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 propo change, including changing and changed conditions that make the passage of the propose change necessary; and WHEREAS, City Commission, after careful consideration of this matter, dee it advisable and in the best interest of the general welfare of the City and its inhabita s to recommend approval of this amendment to the FLU of the MCNP as hereinaft set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF E CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble this Ordinance are adopted by reference and incorporated as fully set forth in this Secti . Section 2. Ordinance No. 10544, as amended, the FLU of the MCNP, pursuant to small scale amendment procedures subject to Section 163.31 , Florida Statutes, is hereby amended by changing the Future Land Use designation of 6 06 ± acres of real property generally located at 1950 Northwest 12 Avenue, Miami, FI ida, as described in "Exhibit A," attached and incorporated, from "Major Institutional, Pubic Facilities, Transportation, and Utilities" to "Public Parks and Recreation". Section 3. It is found that this amendment the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer And: (a) Is necessary due to/hanged or changing conditions; (b) The proposed a ndment does not involve a text change to goals, policies, or objectives of the City's compr hensive plan, but proposes a land use change to the future land use map for a site -specific velopment. However, text changes that relatAireqly to, and are adopted simultaneously th the small-scale FLUM amendment shall be pRmis'�ble; (c) Is one ich is not located within an area of critical state cec erAs designated by Section 380.055 ,Florida Statutes or by the Administration Commis&je pursuant to Section 380.05(1 Florida Statutes; �' -` ; (d) nsity will be "Public Parks and Recreation", 0 dwellin92en§ggy ts acre, pursuant to the Mi i Comprehensive Neighborhood Plan, as amended, arwa be as established in A cle 4 of the Miami 21 Code; and (e) The proposed amendment complies with the applicable ac eag� and density limitation et forth in the Local Government Comprehensive Planning and Land Development R gulation Act including, without limitation, Section 163.3187, Florida Statutes. SecAn n 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinancgris declared invalid, the remaining provisions of this Ordinance shall not be affected. iection 5. This Ordinance shall become effective thirty-one (31) days after second 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 -] SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: � ry � w CD w, (� -,,m co f l r %.0 CD rn N � O City of Mlarnl File ID: 12223 (Revlrlon:) Pdntod On: 71I 2022