HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorneyfor
DATE: May 11, 2023
RE: Ordinance No. 14097 — Land Use — 150 Northeast 19 Street
File No. 12221
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.15, 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
6.170+ acres of real property generally located at 150 Northeast 19 Street, 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 14097
Legislation
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 `•'
WHEREAS, the Property is 6.170± acres in size; and Fri
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—
WHEREAS, the Property is owned by the City and is located between the ()ando
Edgewater neighborhoods; and z Fri
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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
City of Miami Page 1 of 3 File ID: 12221 (Revision: A) Printed On: 5/11/2023
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 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:
(a) Is necessary due to changed or changing conditions; w
(b) The proposed amendment does not involve a text change�t?go4, i6
policies, or objectives of the City's comprehensive plan, but proposes a land use claolge tathe;-)
future land use map for a site -specific development. However, text changes that re to dir�Ctly1
to, and are adopted simultaneously with the small-scale Future Land Use Map amEnme.11ashalt
be permissible; 3-< ftv
(c) Is one which is not located within an area of critical state critic= as
designated by Section 380.0552, Florida Statutes or by the Administration Commis3tbn
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
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
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12221 Final Action Date:
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, Transportaton, and
Utilities"; and ro
WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami (`lic$Ct") �l
applied to the City of Miami ("City") to amend the Future Land Use Map ("FLUM") oft* Miami
Comprehensive Neighborhood Plan ("MCNP") to change the future land use designation o#the
Property to "Public Parks and Recreation"; and ' .. .o -�
-=-•x
WHEREAS, the Property is 6.170± acres in size; and c2 i 5 i
WHEREAS, the Property is owned by the City and is located between the Onirii ahe
Edgewater neighborhoods; and
WHEREAS, this application, along with four (4) other sets of Comprehensive Plan
amendments and their companion rezones, is submitted in conjunction with the Miami 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- 22-027 by a
vote of seven to two (7-2), Item No. PZAB.8, recommending approval of the small scale Future
Land Use amendment; and
City of Miami Page 1 of 3 File ID: 12221 (Revision:) Printed On: 5/11/2023
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 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". c
-Tt N
n w
Section 3. It is found that this amendment to the Comprehensive Plan designiittlon„
change involves a use of fifty (50) acres or fewer and: ? -< P1
(a) Is necessary due to changed or changing conditions;
(b) The proposed amendment does not involve a text changeo , l
policies, or objectives of the City's comprehensive plan, but proposes a land use change tjhe �J
future land use map for a site -specific development. However, text changes that relatdirktly
to, and are adopted simultaneously with the small-scale Future Land Use Map amenaierirshall
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 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:) Printed on: 5/11/2023
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 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:) Printed on: 5/11/2023