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HomeMy WebLinkAboutO-14224City of Miami Ordinance 14224 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14670 Final Action Date: 10/26/2023 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 §163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" FOR THREE (3) PARCELS LOCATED APPROXIMATELY AT 713 SOUTHWEST 63 COURT, 725 SOUTHWEST 63 COURT, AND 735 SOUTHWEST 63 COURT, MIAMI, FLORIDA, CONSISTING OF APPROXIMATELY 0.475± ACRES COMBINED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, the property located at 713 Southwest 63 Court, 725 Southwest 63 Court, and 735 Southwest 63 Court, Miami, Florida (collectively, "Property") has a current future land use designation of "Single -Family Residential"; 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 is 0.475 ± acres in size and is currently vacant land; and WHEREAS, four (4) vacant lots abutting the Property to the north have been approved to become the first phase of Fairlawn Community Park; and WHEREAS, the Property will serve as an addition to Fairlawn Community Park; and WHEREAS, the Property will serve as additional parkland in an area that has been identified as having a high need for parks by the Parks and Recreation System Master Plan; and WHEREAS, amending the FLUM of the MCNP will 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, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- City of Miami Page 1 of 3 File ID: 14670 (Revision: B) Printed On: 1/10/2024 File ID: 14670 Enactment Number: 14224 23- 081 by a vote of seven to zero (7- 0), Item No. PZAB.15, recommending approval of the small scale Land Use Designation Change to "Public Parks and Recreation"; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544; the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), Ordinance No. 13114; and all other City regulations; and WHEREAS, the 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, the 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 §163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation of 0.475 ± acres of the Property from "Single - Family 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 §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, §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: 14670 (Revision: B) Printed on: 1/10/2024 File ID: 14670 Enactment Number: 14224 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 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: 14670 (Revision: B) Printed on: 1/10/2024