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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14090 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12301 Final Action Date: 9/13/2022 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 THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY LOCATED AT 600 SOUTHWEST 63 AVENUE, 610 SOUTHWEST 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 SOUTHWEST 63 COURT, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida (the "Property") has a current future land use designation of "Single -Family Residential"; and WHEREAS, Arthur Noriega, V, City Manager, on behalf of the City of Miami ("Applicant") applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") of tha_Jliati Comprehensive Neighborhood Plan ("MCNP") to change the future land use designatii of & Property to "Public Parks and Recreation"; and c•-)P1 3s. WHEREAS, the site is 0.78 ± acres in size and is currently vacant land; and oY WHEREAS, community engagement has occurred with residents of the surrcrThillingl neighborhood and various City departments and agencies to determine the desired frek design and amenities; and o � o WHEREAS, there is clear support from the surrounding residential neighborhood to develop the property into a public park; and WHEREAS, the City has created a Capital Improvements Project ("CIP") with an ID of 40-B193521 (AKA "Fairlawn Community Park") to develop the Property into a public park; and WHEREAS, amending the FLUM of the MCNP would allow for the underlying land development regulations to facilitate the development of a public park; and WHEREAS, the development of the Property into a public park is consistent with the Goals, Objectives, and Policies of the MCNP as it would provide public park and recreation space to households currently not served by an existing public park or open space; and C7 P1 P1 D City of Miami Page 1 of 3 File ID: 12301 (Revision: A) Printed On: 4/13/2023 12301 - Legislation -SUB File ID: 12301 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14090 WHEREAS, the development of the Property into a public park is consistent specifically with Policy PR-1.1.2 of the MCNP; and WHEREAS, Policy PR-1.1.2 of the MCNP states the City will focus on park land acquisition to provide parks within walking distance of underserved areas and a desire to acquire and develop lands of at least half an acre in size into parks; and WHEREAS, the Property is not located within an existing municipal park service area and is greater than half an acre in size; and WHEREAS, amending the FLUM of the MCNP from "Single -Family Residential" to "Public Parks and Recreation" would allow for the implementation of CIP 40-B193521, which would create a new public park within a ten-minute walk of 1,537 housing units; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R-22-021 by a vote of nine to zero (9-0), Item No. PZAB. 9, recommending approval of the small scale Land Use Designation Change; and WHEREAS, the Miami City Commission has considered the goals, objectives, and ^, policies of the MCNP, Ordinance No. 10544, Ordinance No. 13114, the Zoning Ordinance lehe City of Miami, Florida, as amended ("Miami 21 Code"), and all other City regulations; agi rn WHEREAS, City Commission has considered the need and justification for the-p1possrid f�T1 change, including changing and changed conditions that make the passage of the pr ed" change necessary; and 3n -o in WHEREAS, City Commission, after careful consideration of this matter, deems p advisable and in the best interest of the general welfare of the City and its inhabitants to rin o recommend approval of this amendment to the FLUM of the MCNP as hereinafter set fort 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 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 0.78 ± acres of real property at 600 Southwest 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida from "Single -Family Residential" to "Public Parks and Recreation", as described in "Exhibit A", attached and incorporated. Section 3. It is found that this amendment to the Comprehensive Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) 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; City of Miami Page 2 of 3 File ID: 12301 (Revision: A) Printed on: 4/13/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12301 Enactment Number: 14090 (c) 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; (d) Density will be "Public Parks and Recreation", 0 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as established in Article 4 of the Miami 21 Code; and (e) 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. 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 5. 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) APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 7/19/2022 j ria dez, ity Attor 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 3 of 3 File ID: 12301 (Revision: A) Printed on: 4/13/2023 SUBSTITUTED City of Miami Ordinance Legislation File Number: 12301 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Actio AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSU SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO SE 163.3187, FLORIDA STATUTES, BY CHANGING THE FUTUR DESIGNATION FROM "SINGLE-FAMILY RESIDENTIAL" TO AND RECREATION" OF THE ACREAGE DESCRIBED HE PROPERTY LOCATED AT 600 SOUTHWEST 63 AVEN 63 AVENUE, 601 SOUTHWEST 63 COURT, AND 615 COURT, MIAMI, FLORIDA, AS MORE PARTICULAR EXHIBIT "A," ATTACHED AND INCORPORATED; PROVIDING FOR AN EFFECTIVE DATE. ate: AP OF T TO TION LAND USE UBLIC PARKS IN OF REAL , 610 SOUTHWEST OUTHWEST 63 DESCRIBED IN AKING FINDINGS; AND WHEREAS, the property located at 600 Southw: t 63 Avenue, 610 Southwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwes •3 Court, Miami, Florida (the "Property") has a current future land use designation of "Single-amily Residential"; and WHEREAS, Arthur Noriega, V, City Ma ger, on behalf of the City of Miami IppliOnt") applied to the City of Miami ("City") to amend e Future Land Use Map ("FLUM") of t! M4atni Comprehensive Neighborhood Plan ("MCN ) to change the future land use desigriA r n eher7 Property to "Public Parks and Recreation".�' nl and -<-71 _ oT CA) T1 WHEREAS, the site is 0.78 ± - res in size and is currently vacant land; anc <- ..0 3t Fri WHEREAS, community e • agement has occurred with residents of the surroandire neighborhood and various City • epartments and agencies to determine the desired fsturerk design and amenities; and WHEREAS, there ' clear support from the surrounding residential neighborhood to develop the property in , a public park; and WHEREAS, e City has created a Capital Improvements Project ("CIP") with an ID of 40-B193521 (A 'Fairlawn Community Park") to develop the Property into a public park; and WHE - AS, amending the FLUM of the MCNP would allow for the underlying land developme regulations to facilitate the development of a public park; and HEREAS, the development of the Property into a public park is consistent with the Goals Objectives, and Policies of the MCNP as it would provide public park and recreation spa -e to households currently not served by an existing public park or open space; and City of Miami Page 1 of 3 File ID: 12301 ( ) Printed On: 4/13/2023 SUBSTITUTED File ID: 12301 Enactment Number: 14090 WHEREAS, the development of the Property into a public park is consistent specifically with Policy PR-1.1.2 of the MCNP; and WHEREAS, Policy PR-1.1.2 of the MCNP states the City will focus on park land acquisition to provide parks within walking distance of underserved areas and a desire to acquire and develop lands of at least half an acre in size into parks; and WHEREAS, the Property is not located within an existing municipal park servi and is greater than half an acre in size; and WHEREAS, amending the FLUM of the MCNP from "Single -Family Res "Public Parks and Recreation" would allow for the implementation of CIP 40- would create a new public park within a ten-minute walk of 1,537 housing u area ential" to 93521, which ts; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), ..t its meeting on July 6, 2022, following an advertised public hearing, adopted Resolution No. "ZAB-R-22-021 by a vote of nine to zero (9-0), Item No. PZAB. 9, recommending approval of e small scale Land Use Designation Change; and WHEREAS, the Miami City Commission has consider:-. the goals, objectives, and policies of the MCNP, Ordinance No. 10544, Ordinance No 3114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), a • all other City regulations; and WHEREAS, City Commission has considered e need and justification for the proposed change, including changing and changed condition that make the passage of the proposed change necessary; and WHEREAS, City Commission, after c- eful consideration of this matter, deems tV, advisable and in the best interest of the ge ral welfare of the City and its inhabitants try recommend approval of this amendment • the FLUM of the MCNP as hereinafter setjtwth; ' NOW, THEREFORE, BE IT O"DAINED BY THE COMMISSION OF THE CITVF MIAMI, FLORIDA: Section 1. The recitals •nd findings contained in the Preamble to this Ordinate art — adopted by reference and incorporated as fully set forth in this Section.rn r o Section 2. Ordin. ce No. 10544, as amended, the FLUM of the MCNP, pursuant to small scale amendmen procedures subject to Section 163.3187, Florida Statutes, is amended by changing the Futu Land Use designation of 0.78 ± acres of real property at 600 Southwest 63 Avenue, 610 So , hwest 63 Avenue, 601 Southwest 63 Court, and 615 Southwest 63 Court, Miami, Florida fro "Single -Family Residential" to "Public Parks and Recreation", as described in "Exhibit A", - ached and incorporated. Seion 3. It is found that this amendment to the Comprehensive Plan designation change ' volves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changing conditions; (b) The proposed amendment does not involve a text change to goals, licies, 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; Fri City of Miami Page 2 of 3 File ID: 12301 ( ) Printed on: 4/13/2023 SUBSTITUTED File ID: 12301 Enactment Number: 14090 (c) 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; (d) Density will be "Public Parks and Recreation", 0 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensi will be as established in Article 4 of the Miami 21 Code; and (e) The proposed amendment complies with the applicable acr:. ge and density limitations set forth in the Local Government Comprehensive Planning and and Development Regulation Act including, without limitation, Section 163.3187, Flori• . Statutes. Section 4. If any section, part of a section, paragraph, clause, phras:, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance sall not be affected. Section 5. This Ordinance shall become effective thirty-one (3 days after second reading and adoption thereof pursuant and subject to Section 163.3 7(5)(c), Florida Statutes.' APPROVED AS TO FORM AND CORRECTNESS: ' T, s Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) • -ys from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become ffective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 12301 ( ) Printed on: 4/13/2023