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HomeMy WebLinkAboutO-14276City of Miami Ordinance 14276 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15533 Final Action Date: 4/25/2024 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 "DUPLEX RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY AT 1320 SOUTHWEST 21 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 1320 Southwest 21 Street, Miami, Florida ("Property") has a current future land use designation of "Duplex Residential"; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") applied to the City of Miami 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 0.17 ± acres in size and is currently vacant land; and WHEREAS, the Property will serve as a new public park in an area that is lacking parkland; 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, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February 7, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24- 007 by a vote of eight to zero (8-0), Item No. PZAB.10, recommending approval of the future land use change; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, Ordinance No. 10544; Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and all other City regulations; and City of Miami Page 1 of 3 File ID: 15533 (Revision:) Printed On: 5/6/2024 File ID: 15533 Enactment Number: 14276 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 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. 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, is hereby amended by changing the Future Land Use designation of 0.17 ± acres of real property at 1320 Southwest 21 Street, 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 §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. 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.' 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 City of Miami Page 2 of 3 File ID: 15533 (Revision:) Printed on: 5/6/2024 File ID: 15533 Enactment Number: 14276 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity ttor ey 3/572024 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: 15533 (Revision:) Printed on: 5/6/2024