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HomeMy WebLinkAboutCC Legislation (Version 3)01'.1 - City of Miami Legislation Ordinance Tile Number: 13-01451lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 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 OF REAL PROPERTIES LOCATED AT APPROXIMATELY 1320 AND 1330 SOUTHWEST 12TH AVENUE, MIAMI, FLORIDA, FROM "SINGLE-FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Miami ("City") to establish public parks to meet the existing needs for parks, recreation, and open space in the Coral Way neighborhood area; and WHEREAS, new park and recreational space will assist in maintaining and improving the City's Parks and Open Space Level of Service requirements while reducing peak -hour vehicle trip; and WHEREAS, the City is in ownership of property located at 1320 and 1330 Southwest 12 Avenue, Miami, Florida, which is currently vacant; and WHEREAS, the City currently wishes to develop this property as a park and recreational open space for the benefit of the adjacent neighborhood; and WHEREAS, it is in the best interest of the City to amend the Future Land Use Map designation of the property located at 1320 and 1330 Southwest 12 Avenue, Miami, Florida, to ensure the property remains a park; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on February 19, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-011 by a vote of eight to three (8-3), item no. 6, recommending APPROVAL of the Future Land Use Change as set forth; 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 of Miami and its inhabitants to grant this change of land use designation 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. City of Miami Page 1 of 3 File Id: 13-01451lu (version: 3) Printed On: 3/712014 File Number: 13-01451lu 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 further amended by changing the Future Land Use designation of 0.23± acres of real properties at approximately 1320 and 1330 Southwest 12th Avenue, Miami, Florida, from "Single Family Residential" to "Public Parks and Recreation"; as depicted in "Exhibit A", attached and incorporated. Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to goals, policies, and objectives of the local government'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; (d) 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; (e) Density will be "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 (f) 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. The City Manager is directed to instruct the Director of the Planning and Zoning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the reviewing agencies pursuant to §163.3184, Florida Statutes; and any other person or entity requesting a copy. Section 5. 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 6. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1} kS TO FORM NDC RRECT"NE�SS: VIPTORIA MENDEZ CITYATTORNEY City of Miami Page 2 of 3 File Id: 13-014511u (Version: 3) Printed On: 317/2014