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HomeMy WebLinkAboutO-13726City of Miami Ordinance 13726 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3074 Final Action Date: 12/14/2017 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 SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION FROM "SINGLE FAMILY RESIDENTIAL" TO "PUBLIC PARKS AND RECREATION" OF 0.19 ± ACRES OF REAL PROPERTY LOCATED APPROXIMATELY AT 1301 SOUTHWEST 21 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 4, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-060 by a vote of seven to zero (7-0), recommending approval of the small scale land use designation change as stated herein; and WHEREAS, the property located at 1301 Southwest 21 Avenue, Miami, Florida has a current future land use designation of "Single Family Residential"; and WHEREAS, the applicant wishes to change the future land use designation to "Public Parks and Recreation"; and WHEREAS, the 0.19 ± acre site would provide a Passive Mini Park for the community, creating green space to improve quality of life, general health, and overall ecology of the surrounding environment of the Shenandoah North neighborhood; and WHEREAS, the City Commission has considered the recommendations of the Planning Director and the PZAB; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"); Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and all other City of Miami ("City") regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changing conditions that make the passage of the proposed legislation necessary; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its inhabitants to approve the change of the future land use designation as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF City of Miami Page 1 of 3 File ID: 3074 (Revision:) Printed On: 3/25/2025 File ID: 3074 MIAMI, FLORIDA: Enactment Number: 13726 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 MCNP, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, is amended by changing the Future Land Use designation of 0.19 ± acres of real property located approximately at 1301 Southwest 21 Avenue, Miami, Florida from "Single Family Residential" to "Public Parks and Recreation", as more particularly 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 City 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, 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. 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 Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Density will be "Public Parks and Recreation," zero (0) dwelling units per acre, pursuant to the MCNP and intensity will be as established in Article 4 of the Miami 21 Code; 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, Section 163.3187, Florida Statutes. Section 4. 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.' 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 Page 2 of 3 File ID: 3074 (Revision:) Printed on: 3/25/2025 File ID: 3074 Enactment Number: 13726 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 3074 (Revision:) Printed on: 3/25/2025