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Home My WebLink AboutLegislation-SUBCity of Miami Ordinance 14097 Legislation THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12221 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 GENERALLY LOCATED AT 150 NORTHEAST 19 STREET, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 150 Northeast 19 Street, 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,Aliami Comprehensive Neighborhood Plan ("MCNP") to change the future land use designatio3of 114 Property to "Public Parks and Recreation"; and -.<•1 -c o -± -- WHEREAS, the Property is 6.170± acres in size; and WHEREAS, the Property is owned by the City and is located between the ° ando Edgewater neighborhoods; and P WHEREAS, this application, along with four (4) other sets of Comprehensive tgan-- amendments and their companion rezones, is submitted in conjunction with the Miami Fre'dom 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- 22-027 by a vote of seven to two (7-2), Item No. PZAB.8, recommending approval of the small scale Future Land Use amendment; and Fri CD City of Miami Page 1 of 3 File ID: 12221 (Revision: A) Printed On: 5/11/2023 12221 - Legislation -SUB File ID: 12221 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14097 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 FLUM of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3187, Florida Statutes, is hereby amended by changing the Future Land Use designation of 6.170± acres of real property generally located at 150 Northeast 19 Street, Miami, Florida, as more particularly 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: o ,u (a) Is necessary due to changed or changing conditions; -'', w (b) The proposed amendment does not involve a text changet` ;goo, policies, or objectives of the City's comprehensive plan, but proposes a land use cplange te-thez-) future land use map for a site -specific development. However, text changes that relate dir�?Ctly�1 to, and are adopted simultaneously with the small-scale Future Land Use Map am&ridmer shake be permissible; =s ry r— (c) Is one which is not located within an area of critical state Cr Mas designated by Section 380.0552, Florida Statutes or by the Administration Commission `a 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 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. City of Miami Page 2 of 3 File ID: 12221 (Revision: A) Printed on: 5/11/2023 File ID: 12221 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. Enactment Number: 14097 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: dezi v ttor ev 5/11/2023 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: 12221 (Revision: A) Printed on: 5/11/2023 SUBSTITUTED City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12221 Final Action . ate: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACH AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD P PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES S SECTION 163.3187, FLORIDA STATUTES, BY CHANGING T LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL FACILITIES, TRANSPORTATION, AND UTILITIES" TO "P RECREATION" OF THE ACREAGE DESCRIBED HEREI PROPERTY GENERALLY LOCATED AT 150 NORTH MIAMI, FLORIDA, AS MORE PARTICULARLY DESC MAKING FINDINGS; CONTAINING A SEVERABIL PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property generally located at 1 more particularly described in the attached and incorp current future land use designation of "Major Institut Utilities"; and WHEREAS, Arthur Noriega V, City M applied to the City of Miami ("City") to amen Comprehensive Neighborhood Plan ("MC Property to "Public Parks and Recreatio NT(S), AND AN, BJECT TO FUTURE UBLIC LIC PARKS AND OF REAL ST 19 STREET, IBED IN EXHIBIT "A"; CLAUSE; AND 5► Northeast 19 Street, Miami, Florida, as rated Exhibit "A", ("Property") has a nal, Public Facilities, Transportation, and 1 � N w ager, on behalf of the City of Miami (liat") �l the Future Land Use Map ("FLUM") of-614 Miahii ") to change the future land use designation o#the -v Z = --c 1.9 h N :D WHEREAS, the Propert is owned by the City and is located between the OrA ate Edgewater neighborhoods; a ; and WHEREAS, the Property is •.170± acres in size; and WHEREAS, this a ,plication, along with four (4) other sets of Comprehensive Plan amendments and their • • mpanion rezones, is submitted in conjunction with the Miami Freedom Park Special Area PI ("SAP") and its companion Comprehensive Plan Amendment to comply with MCNP Policy P--2.1.1, the City's no -net -loss policy for public park land, since the Miami Freedom Park S • ' would convert approximately twenty three (23) acres of public park land to another use; a WH - EAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July 20, 2022 ollowing an advertised public hearing, adopted Resolution No. PZAB-R- 22-027 by a vote of :even to two (7-2), Item No. PZAB.8, recommending approval of the small scale Future Land 4 se amendment; and City of Miami Page 1 of 3 File ID: 12221 (Revision:) Printed On: 5/11/2023 SUBSTITUTED File ID: 12221 Enactment Number: 14097 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 prop change, including changing and changed conditions that make the passage of the propo d change necessary; and WHEREAS, City Commission, after careful consideration of this matter, dees it advisable and in the best interest of the general welfare of the City and its inhabit-- nts to recommend approval of this amendment to the FLUM of the MCNP as hereina -r set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF HE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preambl- to this Ordinance are adopted by reference and incorporated as fully set forth in this Sec '•n. sed Section 2. Ordinance No. 10544, as amended, the FLU of the MCNP, pursuant to small scale amendment procedures subject to Section 163.3 7, Florida Statutes, is hereby amended by changing the Future Land Use designation of ' 170± acres of real property generally located at 150 Northeast 19 Street, Miami, Flor'.a, as more particularly described in Exhibit "A", attached and incorporated, from "Major Ins ' utional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation". cD -o -T1 N n w Section 3. It is found that this amendmen o the Comprehensive Plan designcitlon„ change involves a use of fifty (50) acres or few: and: —'f' (a) Is necessary due t changed or changing conditions; rri P1 (b) The proposed endment does not involve a text changeo , l policies, or objectives of the City's corn', ehensive plan, but proposes a land use change tjhe �J future land use map for a site-specifi development. However, text changes that relatdirktly to, and are adopted simultaneously ith the small-scale Future Land Use Map amenaierirshall be permissible; (c) Is designated by Section 380. pursuant to Section 380.0 o which is not located within an area of critical state concern as 52, Florida Statutes or by the Administration Commission 1), Florida Statutes; Density will be "Public Parks and Recreation", 0 dwelling units per acre, pursuant to the iami Comprehensive Neighborhood Plan, as amended, and intensity will be as established i► Article 4 of the the Miami 21 Code; and (e) The proposed amendment complies with the applicable acreage and density limitatkns set forth in the Local Government Comprehensive Planning and Land Developme Regulation Act including, without limitation Section 163.3187, Florida Statutes. ction 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordince is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 2 of 3 File ID: 12221 (Revision:) Printed on: 5/11/2023 SUBSTITUTED File ID: 12221 Enactment Number: 14097 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, fty ttor ey 9/21/2022 1 T is 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 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: 12221 (Revision:) Printed on: 5/11/2023