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Home My WebLink AboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. CON Opl, City of Miami Ordinance 14101 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12225 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" AND "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. N -^ w G WHEREAS, the property located at 1641, 1649, and 1651 Northwest 5 Stree .Qiarvw. 7 Florida ("Property A") has a current future land use designation of "Medium Density Fle$trit ,d r Commercial"; and WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northt 6W t� Street, Miami, Florida ("Property B") has a current future land use designation of "Major Institutional, Public Facilities, Transportation, and Utilities" ("Property A" and "Property" collectively referred to as "Property"); and WHEREAS, the Property is more particularly described in Exhibit "A," attached and incorporated; 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 subject to this application is 4.195 ± acres in size; and WHEREAS, Property A contains 22,500 square feet and Property B contains 160,231 square feet for a total of approximately 182,731 square feet (4.195 acres); and WHEREAS, the Property is owned by the City and is located in the Little Havana neighborhood, immediately adjacent to the baseball stadium; 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 City of Miami Pagel of 3 File ID: 12225 (Revision: A) Printed On: 611612023 12225 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12225 Enactment Number: 14101 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- 22-031 by a vote of eight to one (8-1), Item No. PZAB.12, 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 OrdinanEq are" adopted by reference and incorporated as fully set forth in this Section. � c;M L Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuant small scale amendment procedures subject to Section 163.3187, Florida Statutes., ins-`., ti rely amended by changing the Future Land Use designation of 22,500 ± square feet of r'eaf; pr6f rtg --i located at 1641, 1649, and 1651 Northwest 5 Street, Miami, Florida from "Medium sity-D --: Restricted Commercial" to "Public Parks and Recreation", as described in Exhibit "&,-ettaaed +`' + and incorporated. C-? Section 3. Ordinance No. 10544, as amended, the FLUM of the MCNP, purs�bntio small scale amendment procedures subject to Section 163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation of 182,731 ± square feet of real property at 1680 Northwest 5 Street and 1610 Northwest 6 Street, Miami, Florida from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation", as described in Exhibit "A", attached and incorporated. Section 4. 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; city of Miami Page 2 of 3 File ID: 12225 (Revision: A) Printed on: &'1612023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12225 Enactment Number: 14101 (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 City's Zoning Ordinance, the Miami 21 Code, as amended; 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 5. 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 6. 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 ! r ria " dez, CiFy Attor ey 8/29/2022 ria dez, ity Attortey 8/29/2622 ria dez, CiTy Attor iey 6/14/2023 ca � N Q h L= L I� r0 -I- Mz Lo ' 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: 12225 (Revision: A) Printed on: 6/16/2023 -] SUBSTITUTED City of Miami .ON of L Ordinance u a � Legislation File Number: 12225 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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" AND "MEDIUM DENSITY RESTRICTED COMMERCIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 1641, 1649, 1651, AND 1680 NORTHWEST 5 STREET AND 1610 NORTHWEST 6 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 1641, 1649, and 1651 Northwest 5 Street, Miami, Florida ("Property A") has a current future land use designation of "Medium Density Resrict d Commercial"; and n n m C_ WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northw� 6 .= P-I Street, Miami, Florida ("Property B") has a current future land use designation of "Ma' r-j — C7 Institutional, Public Facilities, Transportation, and Utilities" ("Property A" and "Propert�8'' O1 collectively referred to as "Property"); and T_= WHEREAS, the Property is more particularly described in Exhibit "A," attachedpnd incorporated; 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 subject to this application is 4.195 ± acres in size; and WHEREAS, Property A contains 22,500 square feet and Property B contains 160,231 square feet for a total of approximately 182,731 square feet (4.195 acres); and WHEREAS, the Property is owned by the City and is located in the Little Havana neighborhood, immediately adjacent to the baseball stadium; 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 City of Miami Page 1 of 3 File ID: 12225 ( ) Printed On: 6/16/2023 SUBSTITUTED File ID: 12225 Enactment Number: 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- 22-031 by a vote of eight to one (8-1), Item No. PZAB.12, 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; p N N NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY9OF� 70 MIAMI, FLORIDA: �''" Section 1. The recitals and findings contained in the Preamble to this Ordin4* arm- i r adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the FLUM of the MCNP, pursuapt tdG? C' small scale amendment procedures subject to Section 163.3187, Florida Statutes, is he bye" amended by changing the Future Land Use designation of 22,500 ± square feet of reali5rope�rty located at 1641, 1649, and 1651 Northwest 5 Street, Miami, Florida from "Medium Density Restricted Commercial" to "Public Parks and Recreation", as described in Exhibit "A", attached and incorporated. Section 3. 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 182,731 ± square feet of real property at 1680 Northwest 5 Street and 1610 Northwest 6 Street, Miami, Florida from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation", as described in Exhibit "A", attached and incorporated. Section 4. 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; City of Miami Page 2 of 3 File ID: 12225 ( ) Printed on: 6/16/2023 SUBSTITUTED File ID: 12225 Enactment Number: (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 City's Zoning Ordinance, the Miami 21 Code, as amended; 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 5. 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 6. 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 8/29/2022 t i ria dez, ity Attor ey 8/29/2022 o N � N w 2M C _ x �P-1 tT i� � r; C,) rn rn;IJ X, -Ic %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 Page 3 of 3 File ID: 12225 ( ) Printed on: 611612023