HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attornefor
DATE: May 3, 2023
RE: Ordinance No. 14095 — Land Use - 1400 Northwest 37 Avenue and 1550
Northwest 37 Avenue
File No. 12219
At its September 13, 2022, meeting, the City Commission adopted the above referenced
agenda item, PZ.13, 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 of
2.662 ± acres of real property at 2735 Northwest 10 Avenue and 2615 Northwest 8 Avenue,
Miami, Florida from "Major Institutional, Public Facilities, Transportation, and Utilities" to
"Public Parks and Recreation". 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 14095
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12219 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 "MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND
RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615
NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8
Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit
"A" ("Property"), has a current future land use designation of "Major Institutional, Public
Facilities, Transportation, and Utilities"; 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 the Miami
Comprehensive Neighborhood Plan ("MCNP") to change the future land use designan gihe
Property to "Public Parks and Recreation"; and =' w
WHEREAS, the Property is 2.662 ± acres in size; and :74`1
co F
WHEREAS, the Property is owned by the City and is located in the Allapatt;ri
neighborhood; and 3 z
r)
WHEREAS, this application, along with four (4) other sets of ComprehensivePlarL,
amendments and their companion rezones, is submitted in conjunction with the Miar$t Freedom
Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply
with MCNP Policy PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami
Freedom Park SAP would convert approximately twenty three (23) acres of public park land to
another use; 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- 22-025 by a
vote of eight to one (8-1), Item No. PZAB.6, recommending approval of the small scale Future
Land Use amendment; and
City of Miami Page 1 of 3 File ID: 12219 (Revision: A) Printed On: 5/11/2023
File ID: 12219 Enactment Number: 14095
WHEREAS, City Commission has considered the goals, objectives, and policies of the
MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("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 Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan, is hereby amended pursuant to small scale amendment
procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use
designation of 2.662 ± acres of real property at 2735 Northwest 10 Avenue and 2615 Northwest
8 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated, from "Major
Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation".
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. However, text changes that relate directly
to, and are adopted simultaneously with the small-scale Future Land Use Map amengiinerahall
be permissible;
-n
(c) Is one which is not located within an area of critical state icers
designated by Section 380.0552, Florida Statutes or by the Administration Commiion
pursuant to Section 380.05(1), Florida Statutes; -r1r*i CO T1
(d) Density will be "Public Parks and Recreation", 0 dwelling r+ts -I
acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, anlien y Witt)
be as established in Article 4 of the Miami 21 Code; and
(e) The proposed amendment complies with the applicable acfragfand
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.
City of Miami Page 2 of 3 File ID: 12219 (Revision: A) Printed on: 5/11/2023
Enactment Number: 14095
File ID: 12219
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:
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((ATM ttor
ey
9/21/2022
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: 12219 (Revision: A) Printed on: 5/11/2023
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12219 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 "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES" TO "PUBLIC PARKS AND
RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF REAL
PROPERTY LOCATED AT 2735 NORTHWEST 10 AVENUE AND 2615
NORTHWEST 8 AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 2735 Northwest 10 Avenue and 2615 Northwest 8
Avenue, Miami, Florida, as more particularly described in the attached and incorporated Exhibit
"A" ("Property"), has a current future land use designation of "Major Institutional, Public
Facilities, Transportation, and Utilities"; 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 the Miami
Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation of the
Property to "Public Parks and Recreation"; and
WHEREAS, the Property is 2.662 ± acres in size; and
-n
ri
nm
WHEREAS, the Property is owned by the City and is located in the Allapattala-
neighborhood; and
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Fl
WHEREAS, this application, along with four (4) other sets of Comprehensi4Man= 1
amendments and their companion rezones, is submitted in conjunction with the Mia`rrmFrAQ1om-73
Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendmentto comply
with MCNP Policy PR-2.1.1, the City's no -net -loss policy for public park land, since th M?ti
Freedom Park SAP would convert approximately twenty three (23) acres of public park land to
another use; 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- 22-025 by a
vote of eight to one (8-1), Item No. PZAB.6, recommending approval of the small scale Future
Land Use amendment; and
WHEREAS, City Commission has considered the goals, objectives, and policies of the
MCNP, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended
("Miami 21 Code"), and all other City regulations; and
City of Miami Page 1 of 3 File ID: 12219 ( ) 5/11/2023
File ID: 12219 Enactment Number: 14095
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 Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map of the Miami
Comprehensive Neighborhood Plan, is hereby amended pursuant to small scale amendment
procedures subject to Section 163.3187, Florida Statutes, by changing the Future Land Use
designation of 2.662 ± acres of real property at 2735 Northwest 10 Avenue and 2615 Northwest
8 Avenue, Miami, Florida, as described in "Exhibit A", attached and incorporated, from "Major
Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recr®ati
-*t
Section 3. It is found that this amendment to the Comprehensive Plan desitiort 23
change involves a use of fifty (50) acres or fewer and: to r
(a) Is necessary due to changed or changing conditions; co Fri
(b) The proposed amendment does not involve a text changeoa, ter}
policies, or objectives of the City's comprehensive plan, but proposes a land use the tie fJ
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 amend ent.shall
be permissible;
(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.'
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
City of Miami Page 2 of 3 File ID: 12219 ( ) 5/11/2023
File ID: 12219 Enactment Number: 14095
APPROVED AS TO FORM AND CORRECTNESS:
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: 12219 ( ) 5/11/2023