HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk G
FROM: Victoria Mendez, City Attorney
DATE: December 18, 2023
RE: Ordinance No. 14224 —
File No. 14670
At its October 26, 2023, meeting, the City Commission adopted the above referenced
agenda item, PZ.4, amending, Ordinance No. 10544, 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 of 0.475 ± acres of
the properties located at 713 Southwest 63 Court, 725 Southwest 63 Court, and 735 Southwest
63 Court, Miami, Florida from "Single -Family Residential" to "Public Parks and Recreation."
While the Exhibit "A" that printed with the Legislation was correct, the file inadvertently printed
with an illegible version. Further, the version of the file was inadvertently incremented to
Revision A prior to publication. Therefore, there are no revisions reflected between the
original version and Revision A.
The correct Exhibit "A" has been uploaded to the file and the file has been incremented
to Revision B.
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Enclosure(s)
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City 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 Tots 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 CommunityPark; and1,
P rtY m
WHEREAS, the Property will serve as additional parkland in an area that has men
identified as having a high need for parks by the Parks and Recreation System Matter 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: A) Printed On: 12/18/2023
r
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; .policW4,
or objectives of the City's comprehensive plan, but proposes a land use change to the futufe'
land use map for a site -specific development. However, text changes that relate directly tond
are adopted simultaneously with the small-scale Future Land Use Map amendment shall bet
permissible; -
(c) Is one which is not located within an area of critical state concern 4
designated by §380.0552, Florida Statutes or by the Administration Commission pursUantl3
§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: A) Printed on: 12/18/2023
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:
ria
ttor ev 9/27/2023
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: A) Printed on: 12/18/2023
City 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 approitl
to become the first phase of Fairlawn Community Park; and -
-r; C) a";
WHEREAS, the Property will serve as an addition to Fairlawn Community Park; era)
•gib
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 Maste[; Plan;
and ci3
G7
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: 12/19/2023
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 wilthe as`.u;'
established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; &rid
(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: 12/19/2023
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:
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' 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: 12/19/2023