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Home My WebLink AboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14092 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12216 Final Action Date: 9/13/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING, WITH ATTACHMENT(S), 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 "PUBLIC PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES" AND" RESTRICTED COMMERCIAL" OF THE ACREAGE DESCRIBED HEREIN OF REAL PROPERTY GENERALLY LOCATED AT 1400 AND 1550 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property located generally at 1400 and 1550 Northwest 37 Avenue, Miami, Florida ("Property") has a current future land use designation of "Public Parks & Recreation"; and WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("Applicant") applied to amend the Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of a portion of the Property to "Major Institutional, Public Facilities, Transportation, and Utilities" and a portion of the Property to `Restricted Commercial"; and WHEREAS, the Property contains approximately 131 acres and is located southeast of the Miami International Airport, between the Tamiami Canal and State Road 836, with thoXity of Miami ("City"); and WHEREAS, the portion of the Property subject to this proposed amendmerf I a ti l o 22.908 ± acres in size, with 4.082 acres situated at 1550 Northwest 37 Avenue ant 8.82G n acres situated at 1400 Northwest 37 Avenue, as described in Exhibit "A", attachech#I r? 7 incorporated; and C) WHEREAS, the Property is owned by the City and is located in the Grapelai Heights neighborhood of the City; and z v WHEREAS, the Property has contained the Melreese Golf Course since 1962; and WHEREAS, on November 6, 2018, City voters approved a referendum authorizing the City to negotiate a 99-year lease of 73 acres of the Property with Miami Freedom Park, LLC; and City of Miami Page 1 of 4 File ID: 12216 (Revision: A) Printed On: 5/9/2023 12216 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12216 Enactment Number: 14092 WHEREAS, the City Commission conditionally approved the 99-year lease of the 73 acres of the Property on April 28, 2022; and WHEREAS, Miami Freedom Park, LLC seeks to develop a soccer stadium and mixed - use development containing retail, food establishments, office, and hotel; and WHEREAS, there is a concurrent application for a Special Area Plan ("SAP") under Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended ("Miami 21 Code") containing the whole Property; and WHEREAS, 73 acres of the SAP consists of the leased land and 58 acres would remain City -owned and operated; and WHEREAS, the request seeks to change 12.570 acres of the Property to "Major Institutional, Public Facilities, Transportation, and Utilities" to locate the proposed soccer stadium on a portion of the leased portion of the Property at 1400 Northwest 37 Avenue, as described on pages 1-2 of Exhibit "A", attached and incorporated; and WHEREAS, the request also seeks to change 8.207 acres of the leased portion of the Property to "Restricted Commercial" to locate offices and hotel, with 1.951 of the above acres being situated at the northern end of 1550 Northwest 37 Avenue and the remainder 6.256 acres located at the northwestern corner of 1400 Northwest 37 Avenue, as described on pages 3-4 of Exhibit "A", attached and incorporated; and WHEREAS, the request further seeks to change 2.131 acres of the unleased portion of the Property to "Restricted Commercial" to construct a new building to house the City administration building, as directed by the City Commission on June 9, 2022, as described on pages 5-6 of Exhibit "A", attached and incorporated; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 20, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-023 by a vote of nine to zero (9-0), Item No. PZAB.4, recommending approval of the land use designation change; and WHEREAS, City Commission has considered the goals, objectives, and polici s otte MCNP, the Miami 21 Code, and all other City regulations; and -in WHEREAS, City Commission has considered the need and justification for - el prarroseidn change, including changing and changed conditions that make the passage of the (gpol l -i change necessary; and - WHEREAS, City Commission, after careful consideration of this matter, de-ains itto LTD advisable and in the best interest of the general welfare of the City and its inhabitan&s tox- recommend approval of this amendment to the FLUM of the MCNP 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 2 of 4 File ID: 12216 (Revision: A) Printed on: 5/9/2023 Flle ID: 12216 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14092 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 hereby amended to change the Future Land Use designation of 12.570 ± acres of real property located at approximately 1400 and 1550 Northwest 37 Avenue, Miami, Florida from "Public Parks & Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities", as described on pages 1-2 of Exhibit "A", attached and incorporated. Section 3. 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 hereby amended to change the Future Land Use designation of 10.338± acres of real property located at approximately 1400 and 1550 Northwest 37 Avenue, Miami, Florida from "Public Parks & Recreation" to "Restricted Commercial", as described on pages 3-6 of Exhibit "A", attached and incorporated. Section 4. 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. However, text changes that relate directly to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall be permissible; (c) 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; (d) Density will be "Major Institutional, Public Facilities, Transportation, and Utilities", 36 dwelling units per acre, and "Restricted Commercial", 150 dwelling units per acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and intensity will be as established in Article 4 of the City's Zoning Ordinance, the Miami 21 Code, as amended; 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, §163.3187, Florida Statutes. 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. -71 0 Section 6. This Ordinance shall become effective thirty-one (31) days after seAonc reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Florinr5tataps.1 J m C) -nr,; O MC pi c, to C7 m 4 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor withiwtenT143) 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 4 File ID: 12216 (Revision: A) Printed on: 5/9/2023 FIIe ID: 12216 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. APPROVED AS TO FORM AND CORRECTNESS: Enactment Number. 14092 City of Miami Page 4 of 4 File ID: 12216 (Revision: A) Printed on: 5/9/2023 SUBSTITUTED •S It OS 0 a" City of Miami Ordinance Legislation City Hall 3500 Pan American Driv Miami, FL 33133 www.miamigov.c File Number: 12216 Final Act AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND US THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PUR SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO 163.3187, FLORIDA STATUTES, BY CHANGING THE FUT DESIGNATION FROM "PUBLIC PARKS AND RECREATI INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTAT AND" RESTRICTED COMMERCIAL" OF THE ACREA OF REAL PROPERTY GENERALLY LOCATED AT 1 NORTHWEST 37 AVENUE, MIAMI, FLORIDA, AS DESCRIBED IN EXHIBIT "A," ATTACHED AND I FINDINGS; CONTAINING A SEVERABILITY C AN EFFECTIVE DATE. WHEREAS, the property located generally Miami, Florida ("Property") has a current future la Recreation"; and n Date: MAP OF ANT TO CTION E LAND USE TO "MAJOR N, AND UTILITIES" DESCRIBED HEREIN 00 AND 1550 ORE PARTICULARLY CORPORATED; MAKING AUSE; AND PROVIDING FOR t, 1400 and 1550 Northwest 37 Avenue, use designation of "Public Parks & WHEREAS, Arthur Noriega V, City anager, on behalf of the City of Miami ("Applicant") applied to amend the Future Land Use M -. ("FLUM") of the Miami Comprehensive Neighborhood Plan ("MCNP") to chang the future land use designation of a portion of the Property to "Major Institutional, Publi acilities, Transportation, and Utilities" and a portion of the Property to "Restricted Comme Ial"; and WHEREAS, the Prope ► contains approximately 131 acres and is located southeast of the Miami International Airpo between the Tamiami Canal and State Road 836, within the City of Miami ("City"); and WHEREAS, the 22.908 t acres in siz acres situated at 1 incorporated; an WHE neighborho o �- -n c= N ortion of the Property subject to this proposed amendment mg totaof 70 , with 4.082 acres situated at 1550 Northwest 37 Avenue and V3:826' 0 Northwest 37 Avenue, as described in Exhibit "A", attached aI F o m AS, the Property is owned by the City and is located in the Grapeland!-teigkits J of the City; and .r• w HEREAS, the Property has contained the Melreese Golf Course since 1962; and WHEREAS, on November 6, 2018, City voters approved a referendum authorizing the C to negotiate a 99-year lease of 73 acres of the Property with Miami Freedom Park, LLC; nd City o/ Miami Page 1 of 4 File ID: 12216 ( ) Printed On: 5/9/2023 SUBSTITUTED File ID: 12216 Enactment Number: WHEREAS, the City Commission conditionally approved the 99-year lease of the 73 acres of the Property on April 28, 2022; and WHEREAS, Miami Freedom Park, LLC seeks to develop a soccer stadium and mixe use development containing retail, food establishments, office, and hotel; and WHEREAS, there is a concurrent application for a Special Area Plan ("SAP") u ' der Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended (" lami 21 Code") containing the whole Property; and WHEREAS, 73 acres of the SAP consists of the leased land and 58 ac -s would remain City -owned and operated; and WHEREAS, the request seeks to change 12.570 acres of the Pr Institutional, Public Facilities, Transportation, and Utilities" to locate th stadium on a portion of the leased portion of the Property at 1400 N described on pages 1-2 of Exhibit "A", attached and incorporated; . d erty to "Major proposed soccer hwest 37 Avenue, as WHEREAS, the request also seeks to change 8.207 a es of the leased portion of the Property to "Restricted Commercial" to locate offices and ho I, with 1.951 of the above acres being situated at the northern end of 1550 Northwest 37 A nue and the remainder 6.256 acres located at the northwestern corner of 1400 Northwest 37 venue, as described on pages 3-4 of Exhibit "A", attached and incorporated; and WHEREAS, the request further seeks to c : nge 2.131 acres of the unleased portion of the Property to "Restricted Commercial" to cons ct a new building to house the City administration building, as directed by the City ommission on June 9, 2022, as described on pages 5-6 of Exhibit "A", attached and incor• •rated; and WHEREAS, the Planning, Zonin• and Appeals Board ("PZAB"), at its meeting on July 20, 2022, following an advertised pub'' hearing, adopted Resolution No. PZAB-R- 22-023 by a vote of nine to zero (9-0), Item No. P B.4, recommending approval of the land use designation change; and WHEREAS, City Com ssion has considered the goals, objectives, and policiei ofWe MCNP, the Miami 21 Code, ,nd all other City regulations; and WHEREAS, City ' ommission has considered the need and justification for t proposes change, including cha change necessary; d ing and changed conditions that make the passage of the opos9d n � WHERE , City Commission, after careful consideration of this matter, deenm it ,- advisable and the best interest of the general welfare of the City and its inhabitant10 recommend : pproval of this amendment to the FLUM of the MCNP as hereinafter set forth; W, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAM LORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are opted by reference and incorporated as if fully set forth in this Section. P1 City of Miami Page 2 of 4 File ID: 12216 ( ) Printed On: 5/9/2023 SUBSTITUTED File ID: 12216 Enactment Number: 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 hereby amended to change the Future Land Use designation of 12.570 ± acres of real property located at approximately 1400 and 1550 Northwest 37 Avenue, Miami, Florida from "Public Parks & Recreation" to "Major Institutional, Public Facilities, Transportation, and Utilities", as described on pages 1-2 of Exhibit "A", attached and incorporated. Section 3. Ordinance No. 10544, as amended, the Future Land Use Map of t Comprehensive Neighborhood Plan, pursuant to small scale amendment procedure §163.3187, Florida Statutes, is hereby amended to change the Future Land Use 10.338± acres of real property located at approximately 1400 and 1550 Northw Miami, Florida from "Public Parks & Recreation" to "Restricted Commercial", pages 3-6 of Exhibit "A", attached and incorporated. Miami subject to signation of t 37 Avenue, described on Section 4. It is found that this amendment to the Comprehensiv: Plan designation change involves a use of fifty (50) acres or fewer and: (a) Is necessary due to changed or changin • conditions; (b) The proposed amendment does not i - olve a text change to goals, policies, or objectives of the City's comprehensive plan, but p • poses a land use change to the future land use map for a site -specific development. Howev- r, text changes that relate directly to, and are adopted simultaneously with the small-scale Future Land Use Map amendment shall be permissible; (c) Is one which is not located ithin an area of critical state concern as designated by §380.0552, Florida Statutes or by t - Administration Commission pursuant to §380.05(1), Florida Statutes; (d) Density will be "Ma - Institutional, Public Facilities, Transportation, and Utilities", 36 dwelling units per acre, an,, "Restricted Commercial", 150 dwelling units per acre, pursuant to the Miami Comprehens' le Neighborhood Plan, as amended, and intensity will be as established in Article 4 of the Ci Zoning Ordinance, the Miami 21 Code, as amended; and (e) The pro• • sed amendment complies with the applicable acreage and density limitations set forth in the Local Government Comprehensive Planning and Lid Development Regulation Act i-cluding, without limitation, §163.3187, Florida Statuteg m r'' Z77 Section 5. If any sction, part of a section, paragraph, clause, phrase, or wiof this rn Ordinance is declared i alid, the remaining provisions of this Ordinance shall notffead. sr' Section 6. T is Ordinance shall become effective thirty-one (31) days afteron rn reading and adop on thereof pursuant and subject to Section 163.3187(5)(c), Flor tatkbtes.�7 •• m ® T Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) d - s 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 4 File ID: 12216 ( ) Printed On: 5/9/2023 SUBSTITUTED File ID: 12216 Enactment Number: APPROVED AS TO FORM AND CORRECTNESS: N 4J --c n rr! ▪ in ip CD CO City of Miami Page 4 of 4 File ID: 12216 ( ) Printed On: 5/9/2023