HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
FROM:
DATE:
RE:
Todd B. Hannon, City Clerk„,
Victoria Mendez, City Attorcteyr
May 9, 2023
Ordinance No. 14092 — Land Use
Northwest 37 Avenue
File No. 12216
,o/b/o
- 1400 Northwest 37 Avenue and 1550
At its September 13, 2022 meeting, the City Commission adopted the above referenced
agenda item, PZ.10, amending Ordinance No. 10544, 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 real property generally located at 1400 and 1550 Northwest 37
Avenue, Miami, Florida. The item inadvertently printed without the language "WITH
ATTACHMENT(S)" in the title.
The Legislation has been corrected and incremented to Revision A.
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Enclosure(s)
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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
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WHEREAS, the portion of the Property subject to this proposed amendmerf I a two! o
22.908 ± acres in size, with 4.082 acres situated at 1550 Northwest 37 Avenue ant j8.82G C)
acres situated at 1400 Northwest 37 Avenue, as described in Exhibit "A", attachec t1 o 1"1-1
incorporated; and
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WHEREAS, the Property is owned by the City and is located in the Grapelai Heights
neighborhood of the City; and z
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
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
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 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.
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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), FlorintStataps.1 J
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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
Enactment Number. 14092
APPROVED AS TO FORM AND CORRECTNESS:
City of Miami Page 4 of 4 File ID: 12216 (Revision: A) Printed on: 5/9/2023
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City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12216 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION 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 "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 `p
N
WHEREAS, the portion of the Property subject to this proposed amendment iq W totaof J
22.908 t acres in size, with 4.082 acres situated at 1550 Northwest 37 Avenue and ak:826-` ' %1
acres situated at 1400 Northwest 37 Avenue, as described in Exhibit "A", attached aFi'f t o Fri
incorporated; and c-, n•
WHEREAS, the Property is owned by the City and is located in the Grapelantl't-beigbis
neighborhood of the City; and .�
Co
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 o/ Miami Page 1 of 4 File ID: 12216 ( ) Printed On: 5/9/2023
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 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
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WHEREAS, City Commission has considered the goals, objectives, and policiei ofre
MCNP, the Miami 21 Code, and all other City regulations; and `—,m
f{�
WHEREAS, City Commission has considered the need and justification for tt proppsec
change, including changing and changed conditions that make the passage of the memos d<—
change necessary; and ;r1
WHEREAS, City Commission, after careful consideration of this matter, deem it ,ram
advisable and in the best interest of the general welfare of the City and its inhabitant10 co
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 ( ) Printed On: 5/9/2023
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 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 Lid
Development Regulation Act including, without limitation, §163.3187, Florida Statuteg
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Section 5. If any section, part of a section, paragraph, clause, phrase, or wiof this rn
Ordinance is declared invalid, the remaining provisions of this Ordinance shall notffead.
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Section 6. This Ordinance shall become effective thirty-one (31) days afteron rn
reading and adoption thereof pursuant and subject to Section 163.3187(5)(c), Flor tatkbtes.�7
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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 ( ) Printed On: 5/9/2023
File ID: 12216 Enactment Number:
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami Page 4 of 4 File ID: 12216 ( ) Printed On: 5/9/2023