HomeMy WebLinkAboutO-14297City of Miami
Ordinance 14297
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14891 Final Action Date: 7/11/2024
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 "PUBLIC PARKS AND RECREATION" TO
"RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF
REAL PROPERTY AT 20 SOUTHEAST 10 STREET AND 25 SOUTHEAST 10
STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the properties located at 20 Southeast 10 Street and 25 Southeast 10
Street, Miami, Florida (collectively the "Property") have a current future land use designation of
"Public Parks and Recreation"; and
WHEREAS, the City of Miami ("Applicant") filed an application 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 from "Public Parks and Recreation" to "Restricted
Commercial"; and
WHEREAS, the Property is approximately 0.277 ± acres in size and is composed of two
(2) parcels; and
WHEREAS, the Property was conveyed to the City in 1974; and
WHEREAS, 1000 Brickell, Ltd. filed suit against the City in order to enforce a provision
of the deed and its automatic reverter clause in an effort to reclaim the property; and
WHEREAS, the City Commission, via the adoption of Resolution No. 23-0229 on May
11, 2023, ("Resolution"), directed the City Manager to enter into a settlement agreement and to
initiate and execute such FLUM and rezoning applications on behalf of the City as may be
necessary to redesignate the Parcels from their present FLUM designation of Recreation and
zoning transect designation of Civic Space (CS) to Restricted Commercial and Urban Core
Transect Zone Open (T6-48b-O), which designations are consistent with those of properties
abutting the Parcels; and
WHEREAS, the settlement agreement provides in paragraph 5.0 that "[n]othing [in the
settlement agreement] guarantees any particular outcome on the Applications before the City
Commission and the approval of [the settlement agreement] is not intended to, and will not,
imply or require any specific recommendation by staff regarding the Applications, nor any
outcome before the City Commission upon the hearing of the same; and
City of Miami Page 1 of 3 File ID: 14891 (Revision:) Printed On: 7/22/2024
File ID: 14891 Enactment Number: 14297
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on November 1,
2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-098 by a vote
of three to five (3-5), Item No. PZAB. 9, upon a motion to recommend approval which failed
thereby constituting a recommendation of Denial of the small-scale Land Use Designation
Change described herein; 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 the proposed land use change for the property generally located at 20
and 25 Southeast 10 Street 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 approves an amendment to Ordinance No. 10544, as
amended, the FLUM of the MCNP, pursuant to small scale amendment procedures subject to
§163.3187, Florida Statutes, by changing the Future Land Use designation of 0.277 ± acres of
real property at 20 Southeast 10 Street and 25 Southeast 10 Street, Miami, Florida from "Public
Parks and Recreation" to Restricted Commercial", 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 "Restricted Commercial", 150 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
City of Miami Page 2 of 3 File ID: 14891 (Revision:) Printed on: 7/22/2024
File ID: 14891 Enactment Number: 14297
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.'
APPROVED AS TO FORM AND CORRECTNESS:
ndez, ity Attor
ey 11/6/2023
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: 14891 (Revision:) Printed on: 7/22/2024