HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-014521u
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 7890 NORTHEAST BAYSHORE
COURT AND 7889 NORTHEAST BAYSHORE DRIVE, MIAMI, FLORIDA, FROM
"RESTRICTED COMMERCIAL" 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 Upper East Side 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, pursuant to the Major Use Special Permit approved by Resolution No. 06-0128,
adopted February 23, 2006, the Upper East Side Miami, LLC ("Grantor") for the residential project,
known as the Oasis Project, was required to convey properties located at approximately 7890
Northeast Bayshore Court and 7889 Northeast Bayshore Drive, Miami Florida, to the City of Miami
("City"); and
WHEREAS, on November 21, 2013, the City Commission passed a Resolution, authorizing the
City Manager to accept, pursuant to a Special Warranty Deed, the donation of the two (2) properties
located at approximately 7890 Northeast Bayshore Court and 7889 Northeast Bayshore Drive, Miami,
Florida from the Grantor to the City; and
WHEREAS, the Resolution No. 13-0454, adopted November 21, 2013, also required the
Grantor to develop the donated properties as a passive park; and
WHEREAS, the City currently wishes to develop these properties 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 properties located at 7890 Northeast Bayshore Court and 7889 Northeast Bayshore Drive,
Miami, Florida, to "Public Parks and Recreation" to ensure the property remains a park; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
February 5, 2014, following an advertised public hearing, adopted Resolution No. PZAB-R-14-006 by a
vote of eleven to zero (11-0) item no. 6, recommending APPROVAL of the Future Land Use Change as
set forth; and
City of Miami Page 1 of 3 File Id: 13-014521u (Version: 2) Printed On: 3/12/2014
File Number: 13-014521u
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.
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
0.49± acres of real properties at approximately 7890 Northeast Bayshore Court and 7889 Northeast
Bayshore Drive, Miami, Florida, from "Restricted Commercial" 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
designated by §380.0552, Florida Statutes or by the Administration Commission pursuant to
§380.05(1), Florida Statutes;
(e) Densities 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(1)(c), Florida Statute; and any other person or entity
requesting a copy.
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File Number: 13-014521u
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(5)(c), Florida Statutes. {1}
AP ROVED AS TO FORM AND CORRECTNESS:
VICTORIA j. ENDEZ
CITY ATTORNEY
r
Footnotes:
{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 the City Commission or upon the effective date
stated herein, whichever is later.
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