HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14311
Title: 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 FOR TWO (2)
PORTIONS OF LAND FROM "PUBLIC PARKS AND RECREATION" TO
"RESTRICTED COMMERCIAL," AND FROM "RESTRICTED
COMMERCIAL" TO "PUBLIC PARKS AND RECREATION
RESPECTIVELY," OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY AT 1822 NORTHWEST 37 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.
LOCATION: Generally, 1822 Northwest 37 Avenue
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: This will amend the designation on the Future Land Use Map for the above
two (2) portions of the property from "Public Parks and Recreation" to "Restricted
Commercial", and from "Restricted Commercial" to Public Parks and Recreation",
respectively.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024, recommended
approval, by a vote of 7-0.
City of Miami File ID: 16265 (Revision: A) Printed On: 10/16/2024
City of Miami
Legislation
Ordinance
Enactment Number:14311
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16265 Final Action Date: 9/26/2024
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 FOR TWO (2)
PORTIONS OF LAND FROM "PUBLIC PARKS AND RECREATION" TO
"RESTRICTED COMMERCIAL," AND FROM "RESTRICTED
COMMERCIAL" TO "PUBLIC PARKS AND RECREATION
RESPECTIVELY," OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY AT 1822 NORTHWEST 37 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, the property generally located at 1822 Northwest 37 Avenue, Miami, Florida
("Property") features bi-furcated Future Land Use designations with the majority "Public Parks
and Recreation" and the minority "Restricted Commercial"; and
WHEREAS, the Property is located within the Miami Freedom Park Special Area Plan
("SAP"); and
WHEREAS, Arthur Noriega V, the City Manager acting on behalf of the City of Miami
("Applicant") submitted a request 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 two (2) portions of the Property — one portion from "Public Parks and
Recreation" to "Restricted Commercial," and another portion from "Restricted Commercial" to
Public Parks and Recreation," respectively, as described in the attached and incorporated
Exhibit "A"; and
WHEREAS, the Property site is one (1) parcel totaling approximately 4,639,140 square
feet (106.5 acres) of land, and the two (2) affected portions are each 92,815 square feet
(2.131 acres), for a total of 185,630 square feet (4.262 acres); and
and
WHEREAS, the Property is the former site of the Melreese County Club and golf course;
WHEREAS, the Property is located in a portion of the Allapattah neighborhood; and
WHEREAS, the most recent concurrency analyses for the Property were conducted in
the 2022 FLUM amendment (PZ-20-6123), and as there is no net change of density or intensity
proposed within the Property under this Comprehensive Plan Amendment, there is no need for
City of Miami File ID: 16265 (Revision: A) Printed On: 10/16/2024
further concurrency analysis; and
WHEREAS, the Applicant seeks to convert approximately 2.131 acres of City -owned
park land, and thus the no -net -loss of park space requirements shall be met under the MCNP,
Parks, Recreation and Open Space Policy PR-2.1.1; and
WHEREAS, the Applicant is also requesting to amend 2.131 acres elsewhere on the
Property site to park land, ensuring that the no -net loss of park space requirements under Policy
PR-2.1.1 is upheld; and
WHEREAS, Future Land Use Policy LU-1.6.5 of the MCNP encourages the City to use
special district designations as a land development regulation instrument for the purpose of
accomplishing specific development objectives in particular areas of the City; and
WHEREAS, due to a change in the architectural vision and master planning for the
Property site's development, this Comprehensive Plan Amendment was requested; and
WHEREAS, this request is intended to execute the vision of the Miami Freedom Park
SAP, as it relates to the building site of the new City administration building; and
WHEREAS, the proposed change is merely shifting the building site northward and does
not disrupt the overall vision of the Property and the SAP; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-042 by a
vote of seven to zero (7-0), Item No. PZAB.13, recommending approval of the small scale land
use designation change; and
WHEREAS, the City Commission considered this item on First Reading on July 25, 2024
and considered the item on Second Reading on September 26, 2024; and
WHEREAS, the City Commission 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, the City Commission 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 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 two (2) portions of the Property, each 2.131
acres, for a total of 4.262± acres of real property at 1822 Northwest 37 Avenue Miami, Florida —
one portion from "Public Parks and Recreation" to "Restricted Commercial," and another portion
City of Miami File ID: 16265 (Revision: A) Printed On: 10/16/2024
from "Restricted Commercial" to Public Parks and Recreation," respectively, 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 FLUM 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," one hundred fifty (150)
dwelling units per acre and "Public Parks and Recreation," zero dwelling units per acre,
pursuant to the MCNP, and the Intensity will be as established in the Miami 21 Code; 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.'
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wyng II[, C ty ttor° -y 7/16/2024
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 File ID: 16265 (Revision: A) Printed On: 10/16/2024