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HomeMy WebLinkAboutO-14092City 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, within the City of Miami ("City"); and WHEREAS, the portion of the Property subject to this proposed amendment is a total of 22.908 ± acres in size, with 4.082 acres situated at 1550 Northwest 37 Avenue and 18.826 acres situated at 1400 Northwest 37 Avenue, as described in Exhibit "A", attached and incorporated; and WHEREAS, the Property is owned by the City and is located in the Grapeland Heights neighborhood of the City; and 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: 6/17/2025 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 policies of the MCNP, the Miami 21 Code, and all other City regulations; and WHEREAS, City Commission has considered the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; and WHEREAS, City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its inhabitants to 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: 6/17/2025 File ID: 12216 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. Section 6. 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 3 of 4 File ID: 12216 (Revision: A) Printed on: 6/17/2025 File ID: 12216 Enactment Number: 14092 APPROVED AS TO FORM AND CORRECTNESS: . fl 7/19/2022 - rtb ia`idt dez, ity ttor ley ) 4/13/2023 City of Miami Page 4 of 4 File ID: 12216 (Revision: A) Printed on: 6/17/2025