HomeMy WebLinkAboutO-14101opCity of Miami
Ordinance 14101
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Legislation
File Number: 12225
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" 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 Restricted
Commercial': and
WHEREAS, the property located at 1680 Northwest 5 Street and 1610 Northwest 6
Street, Miami, Florida ("Property B") has a current future land use designation of "Major
Institutional, Public Facilities, Transportation, and Utilities" ("Property A" and "Property B"
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 Page 1 of 3 File ID: 12225 (Revision: A) Printed On: 6/22/2023
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 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 22,500 ± square feet of real property
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 (Revision: A) Printed on: 6/22/2023
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
1 1
i 4naindez, City Attor ey 8/29/2022 i • ria i ndez, City Attor ey 8/2912022
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it6ria i ' ndez, City Attor iey 6/14/2023
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: 612212023