HomeMy WebLinkAboutO-14204City of Miami
` Ordinance 14204
Legislation
File Number: 13973
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/27/2023
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 "DUPLEX - RESIDENTIAL" TO "PUBLIC
PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY LOCATED AT APPROXIMATELY 3699 SOUTHWEST 1
AVENUE AND 3701 SOUTHWEST 1 AVENUE, 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, 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 from
"Duplex -Residential" to "Public Parks and Recreation" of the property located at approximately
3699 Southwest 1 Avenue and 3701 Southwest 1 Avenue, Miami, Florida (collectively,
"Property"); and
WHEREAS, the Property is 0.689 ± acres in size and is currently vacant land; and
WHEREAS, community engagement has occurred with residents of the surrounding
neighborhood and various City departments and agencies to determine the desired future park
design and amenities; and
WHEREAS, there is clear support from the surrounding residential neighborhood to
develop the Property into a public park; and
WHEREAS, the City has created Capital Improvements Project ("CIP") No. 40-13193517
to develop the Property into a public park; and
WHEREAS, amending the FLUM of the MCNP would allow for the underlying land
development regulations to facilitate the development of a public park; and
WHEREAS, the development of the Property into a public park is consistent with the
Goals, Objectives, and Policies of the MCNP as it would provide public park and recreation
space to households currently not served by an existing public park or open space; and
WHEREAS, Policy PR-1.1.2 of the MCNP states the City will focus on park land
acquisition to provide parks within walking distance of underserved areas and that, ideally, new
parks should be at least one-half acre in size; and
City of Miami Page 1 of 3 File ID: 13973 (Revision:) Printed On: 811112023
File ID: 13973 Enactment Number: 14204
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 3,
2023 following an advertised public hearing, adopted Resolution No. PZAB-R-23-049 by a vote
of ten to zero (10-0), Item No. PZAB. 3, recommending approval of the small scale Land Use
Designation Change; and
WHEREAS, the 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
approve this amendment to the FLUM of the MCNP as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. The City Commission approvals the amending of Ordinance No. 10544, as
amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to
Section 163.3187, Florida Statutes, by changing the Future Land Use designation of 0.689 ±
acres of real property located at approximately 3699 Southwest 1 Avenue and 3701 Southwest
1 Avenue, Miami, Florida from "Duplex - Residential" to "Public Parks and Recreation", as
described in "Exhibit A", attached and incorporated.
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 Future Land Use Map amendment shall
be permissible;
(c) Is one which is not located within an area of critical state concern as
designated by §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 Miami 21 Code; and
City of Miami Page 2 of 3 File ID: 13973 (Revision:) Printed on: 811112023
File ID: 13973
Enactment Number: 14204
(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.
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
i t6ria i ndez, Cify Attor iey 5/24/2023
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: 13973 (Revision:) Printed on: 811112023