HomeMy WebLinkAboutO-13371City of Miami
Legislation
Ordinance: 13371
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-011801u2 Final Action Date: 3/28/2013
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, THE FUTURE LAND USE MAP OF THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO THE
EXPEDITED STATE REVIEW PROCESS, SUBJECT TO §163.3184(3), FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF THE
ACREAGE DESCRIBED HEREIN OF SELECTED PROPERTIES LOCATED AT
APPROXIMATELY THE EAST SIDE OF VIRGINIA KEY, MIAMI, FLORIDA, FROM
"MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND
UTILITIES" AND "CONSERVATION" TO "PUBLIC PARKS AND RECREATION", AS
DEPICTED IN ATTACHED "EXHIBITA"; MAKING FINDINGS; DIRECTING
TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the areas approximately at the east side of Virginia Key, Miami, Florida, are
currently passive recreation or disturbed lands to be improved as parks and recreation areas
according to the Virginia Key Master Plan recommendations adopted by the City Commission on July
22, 2010, and further illustrated in the list of components that form part of the Landfill Park Plan and
Shrimper's Lagoon, the Public Beach, and the Coastal Hammock Restoration Plan; and
WHEREAS, the proposed changes will create greater consistency with the City's
Comprehensive Plan Future Land Use Map (FLUM), the Zoning Atlas, and the adopted master plan's
recommendations for future improvements on Virginia Key; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
December 19, 2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-054
by a vote of eight to three (8-3), item no. 2, recommending APPROVAL of the Future Land Use
Change as 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 if fully set forth in this Section.
Section 2. Ordinance No. 10544, the Future Land Use Map of the Miami Comprehensive
Neighborhood Plan, pursuant to expedited state review amendment procedures subject to
§163.3184(3), Florida Statutes, is amended by changing the Future Land Use designations of
approximately: 1) 12.2± acres of real property located at approximately the East side Virginia Key,
Miami, Florida, from "Major Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks
and Recreation"; and 2) 28.02± acres of real property located at approximately east side of Virginia
Key, from "Conservation" to "Public Parks and Recreation", as depicted in "Exhibit A", attached and
incorporated.
City of Miami
Page 1 of 3 File Id: 12-011801u2 (Version: 2) Printed On: 8/24/2017
File Number: 12-011801u2 Enactment Number: 13371
Section 3. It is found that this Comprehensive Plan designation change:
(a) Is necessary due to changed or changing conditions; and
(b) Follows an Expedited State Review Process pursuant to §163.3184(3), Florida
Statutes;
(c) Is not in an area of critical state concern designated pursuant to §380.05, Florida
Statutes; nor is a rural land stewardship area pursuant to §163.3248, Florida Statutes; nor a sector
plan pursuant to §163.3245, Florida Statutes; nor a comprehensive plan based on an evaluation and
appraisal pursuant to §163.3191 Florida Statutes; nor new plans for newly incorporated municipalities
adopted pursuant to §163.3167, Florida Statutes; and
(d) Allows a density equivalent to "Public Parks and Recreation", 0 dwelling units per acre,
per the Miami Neighborhood Comprehensive Plan, as amended, and intensity will be as established
in Article 4 of the City of Miami Zoning Ordinance, the Miami 21 Code, as amended; and
(e) Complies with the applicable acreage and density limitations set forth in the Local
Government Comprehensive Planning and Land Development Regulation Act including, without
limitation, §163.3184, Florida Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning Department to
promptly transmit a certified copy of this Ordinance after its approval on first reading to: the reviewing
agencies pursuant to §163.3184(1)(c), Florida Statute; and any other person or entity requesting a
copy.
Section 5. The City shall hold its second public hearing for adoption of this Ordinance within
180 days after receipt of agency comments pursuant to §163.3184(3)(c)1, Florida Statute.
Section 6. Within 10 days after adoption on second reading the City Manager is directed to
instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of
this Ordinance to the appropriate agencies pursuant to §163.3184(3)(c)2, Florida Statutes.
Section 7. 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 8. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption, and the state land planning agency notifies the City that the plan amendment package is
complete thereof pursuant and subject to §163.3184(3)(c), Florida Statutes. {1}
Footnotes:
City of Miami Page 2 of 3 File Id: 12-011801u2 (Version: 2) Printed On: 8/24/2017
File Number: 12-011801u2 Enactment Number: 13371
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
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 City Commission or upon the effective date stated
herein, whichever is later.
City of Miami Page 3 of 3 File Id: 12-011801u2 (Version: 2) Printed On: 8/24/2017