HomeMy WebLinkAboutO-13590City of Miami
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Ordinance: 13590
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-006721u1 Final Action Date: 1/28/2016
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 ASSIGNING THE FUTURE LAND USE DESIGNATION OF "PUBLIC
PARKS AND RECREATION" TO A NON -DESIGNATED ACREAGE OF REAL
PROPERTIES OF APPROXIMATELY 8.69 ACRES LOCATED AT THE NORTHERN
PORTION OF THE TRACT OF LAND COMMONLY KNOWN AS RICKENBACKER
CAUSEWAY MIAMI, FLORIDA, AS DEPICTED IN "EXHIBITA", HEREBY ATTACHED
AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
3, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-029 by a vote of
nine to two (9-2), Item no. 9, recommending APPROVAL of the Future Land Use Change as set forth;
and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") provides Policy PR-2.1.1
establishing a no net -loss policy for public park land; and
WHEREAS, this ordinance's companion item, File ID No. 15-006721u, is subtracting 5.31 ±
acres towards this land category; and
WHEREAS, to ensure compliance with this policy, this ordinance is adding at the same time
8.69 ± acres to public park land category; 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 if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to
§163.3187, Florida Statutes, is further amended by assigning the Future Land Use designation of
"Public Parks and Recreation" to 8.69 ± acres, corresponding to the north portion of Hobie Island
which is the western portion of the real property commonly known as Rickenbacker Causeway at
City of Miami
Page 1 of 3 File Id: 15-006721u1 (Version: 2) Printed On: 4/17/2018
File Number: 15-006721u1 Enactment Number: 13590
approximately 3301 Rickenbacker Causeway, Miami, Florida, as depicted in "Exhibit A", attached and
incorporated.
Section 3. It is found that this Comprehensive Plan designation change involves a use of ten (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 one hundred twenty
(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 FLUM 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) The requested FLUM amendment does not allow for residential use 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 §163.3187, 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}
Footnotes:
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File Number: 15-006721u1 Enactment Number: 13590
{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.
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