HomeMy WebLinkAboutLegislation-SUBCity of Miami
Ordinance 14099
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: 12223
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 A PORTION OF
REAL PROPERTY GENERALLY LOCATED AT 1950 NORTHWEST 12
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 generally located at 1950 Northwest 12 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, only a portion of the property located at 1950 Northwest 12 Avenvo, gj9mi,
Florida is the subject of this application; and
c`.3
WHEREAS, the area subject to this application is 5.00 ± acres in size; and
C)
WHEREAS, the Property is owned by the City and is located in the northeVirt diRhem
Health District; and a• .-‹
MC Fri
i
WHEREAS, this application, along with four (4) other sets of Comprehensive lan- D
amendments and their companion rezones, is submitted in conjunction with the Miarxai Frtdom
Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendmennto 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-22-029 by a
vote of 7 to 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use
amendment; and
City of Miami
Page 1 of 3 File ID: 12223 (Revision: B) Printed On: 5/11/2023
12223 - Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 12223
Enactment Number: 14099
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 5.00 ± acres of real property
generally located at 1950 Northwest 12 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 designaionN
change involves a use of fifty (50) acres or fewer and:
(a) Is necessary due to changed or changing conditions; -mac Fri
(b) The proposed amendment does not involve a text change ':+ goaG
policies, or objectives of the City's comprehensive plan, but proposes a land use chacige tgthe
future land use map for a site -specific development. However, text changes that rel - hrettly ; 1
to, and are adopted simultaneously with the small-scale FLUM amendment shall bep@rpnis�TJ ble;
r-
(c) Is one which is not located within an area of critical state con&rn
designated by Section 380.0552, Florida Statutes or by the Administration Commissio
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.
City of Miami Page 2 of 3 File ID: 12223 (Revision: B) Printed on: 5/11/2023
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 12223
Enactment Number: 14099
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:
ity ttor
8/24/2022 8/24/2022
ey 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: 12223 (Revision: B) 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: 12223
Final Actio ' ate:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT .)
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
USE MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
PURSUANT TO SMALL SCALE AMENDMENT PROCEDURES SUBJETO
SECTION 163.3187, FLORIDA STATUTES, BY CHANGING THE FU RE
LAND USE DESIGNATION FROM "MAJOR INSTITUTIONAL, PUB C
FACILITIES, TRANSPORTATION, AND UTILITIES" TO "PUBLIC ARKS AND
RECREATION" OF THE ACREAGE DESCRIBED HEREIN OF • PORTION OF
REAL PROPERTY GENERALLY LOCATED AT 1950 NORT EST 12
AVENUE, MIAMI, FLORIDA, AS MORE PARTICULARLY D' CRIBED IN
EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEV • BILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property generally located at 195' orthwest 12 Avenue, Miami,
Florida, as more particularly described in the attached - d incorporated Exhibit "A" ("Property"),
has a current future land use designation of "Major In itutional, Public Facilities, Transportation,
and Utilities"; and
WHEREAS, Arthur Noriega V, City Man •er, on behalf of the City of Miami ("Applicant")
applied to the City of Miami ("City") to amend e Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan ("MCN ) to change the future land use designation of the
Property to "Public Parks and Recreation" and
� Q .
WHEREAS, only a portion of property located at 1950 Northwest 12 Aveni.R, Mini,
Florida is the subject of this applica ' • n; and r7ril
-< -T1 —c I�7
WHEREAS, the area su - ---
ject to this application is 5.00 ± acres in size; and
WHEREAS, the Pro -erty is owned by the City and is located in the northers rt cafhe , ,
Health District; and 2 � ;._f
rr,
WHEREAS, t ' application, along with four (4) other sets of Comprehensive'lagzo
amendments and t it companion rezones, is submitted in conjunction with the Miami Freedom
Park Special Are - Ian ("SAP") and its companion Comprehensive Plan Amendment to comply
with MCNP Poi' y PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami
Freedom Par. SAP would convert approximately twenty three (23) acres of public park land to
another us- and
HEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on July
20, 2' 2, following an advertised public hearing, adopted Resolution No. PZAB-R-22-029 by a
vot: of 7 to 2, Item No. PZAB. 10., recommending approval of the small scale Future Land Use
a endment; and
City of Miami Page 1 of 3 File ID: 12223 (Revision: A) Printed On: 5/11/2023
File ID: 12223
SUBSTITUTED
Enactment Number: 14099
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• e
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, dee s it
advisable and in the best interest of the general welfare of the City and its inhabitis 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
adopted by reference and incorporated as fully set forth in this Sect'•n.
to this Ordinance are
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 .00 ± acres of real property
generally located at 1950 Northwest 12 Avenue, Miami, F .rida, as described in "Exhibit A,"
attached and incorporated, from "Major Institutional, Pu is Facilities, Transportation, and
Utilities" to "Public Parks and Recreation".
Section 3. It is found that this amendmen o the Comprehensive Plan designation
change involves a use of fifty (50) acres or few: and:
(a) Is necessary due t• changed or changing conditions;
(b) The proposed - endment does not involve a text change to goals,
policies, or objectives of the City's com • ehensive plan, but proposes a land use change to the
future land use map for a site-specifi development. However, text changes that relate directly
to, and are adopted simultaneously ith the small-scale FLUM amendment shall be permissible;
(c) Is one hich is not located within an area of critical state cor ern*
designated by Section 380.05 , Florida Statutes or by the Administration Commission cLI
pursuant to Section 380.05( , Florida Statutes;
-< " —c rri
(d) Density will be "Public Parks and Recreation", 0 dwelling arras per. (--)
acre, pursuant to the .mi Comprehensive Neighborhood Plan, as amended, anddtitensf wiItr
be as established in A icle 4 of the Miami 21 Code; and Ar — (e) The proposed amendment complies with the applicable acitpag9pand,D
density limitatio . set forth in the Local Government Comprehensive Planning and Ipndp
Development regulation Act including, without limitation, Section 163.3187, Florida -Stags.
Sep ion 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: 12223 (Revision: A) Printed on: 5/11/2023
SUBSTITUTED
File ID: 12223
Enactment Number: 14099
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:
CM ►_
8/24/2022 17 • ria f :. dez, ity ttor ey 8/24/2022
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: 12223 (Revision: A) Printed on: 5/11/2023
SUBSTITUTED
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.co
File Number: 12223
Final Actio
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDIN
ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND
OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
TO SMALL SCALE AMENDMENT PROCEDURES SUBJE
SECTION 163.3187, FLORIDA STATUTES, BY CHANGI
LAND USE DESIGNATION FROM "MAJOR INSTITUTI
FACILITIES, TRANSPORTATION, AND UTILITIES" T
AND RECREATION" OF THE ACREAGE DESCRI
PROPERTY GENERALLY LOCATED AT 1950 N
MIAMI, FLORIDA, AS MORE PARTICULARLY
"A"; MAKING FINDINGS; CONTAINING A SE
PROVIDING FOR AN EFFECTIVE DATE.
SE MAP
URSUANT
TO
THE FUTURE
AL, PUBLIC
"PUBLIC PARKS
D HEREIN OF REAL
THWEST 12 AVENUE,
SCRIBED IN EXHIBIT
ERABILITY CLAUSE; AND
Date:
WHEREAS, the property generally located 1950 Northwest 12 Avenue, Miami,
Florida, as more particularly described in the atta► ed and incorporated Exhibit "A" ("Property"),
has a current future land use designation of "M. or Institutional, Public Facilities, Transportation,
and Utilities"; and
WHEREAS, Arthur Noriega V, C.
applied to the City of Miami ("City") to
Comprehensive Neighborhood Plan
Property to "Public Parks and Recr
WHEREAS, only a port
Florida is the subject of this
WHEREAS, the a' -a
WHEREAS, t
Health District; and
Manager, on behalf of the City of Miami ("Applicant")
end the Future Land Use Map ("FLUM") of the Miami
CNP") to change the future land use designation of the
tion"; and �' N
""r1 o
� w
n of the property located at 1950 Northwest 12 Aver; M ni, j
plication; and -< Fri
o'er C7
'r hi CO
subject to this application is 6.106 ± acres in size; and an --�
>� A�
3C n
Property is owned by the City and is located in the northern -part owe CD
r*r N
7;)
WHER ,• S, this application, along with four (4) other sets of Comprehensive Plan
amendments = nd their companion rezones, is submitted in conjunction with the Miami Freedom
Park Speci. Area Plan ("SAP") and its companion Comprehensive Plan Amendment to comply
with MC ' Policy PR-2.1.1, the City's no -net -loss policy for public park land, since the Miami
Freedo Park SAP would convert approximately twenty three (23) acres of public park land to
anot - r use; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on,
ollowing an advertised public hearing, adopted Resolution No. PZAB-R- - by a vote of to ( -
), Item No. PZAB. , recommending of the small scale Future Land Use amendment; and
City o/ Miami File ID: 12223 (Revision:) Printed On: 7/19/2022
SUBSTITUTED
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 propo
change, including changing and changed conditions that make the passage of the propose
change necessary; and
WHEREAS, City Commission, after careful consideration of this matter, dee it
advisable and in the best interest of the general welfare of the City and its inhabita r s to
recommend approval of this amendment to the FLUM of the MCNP as hereinaft- set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF ' E CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble this Ordinance are
adopted by reference and incorporated as fully set forth in this Secti
Section 2. Ordinance No. 10544, as amended, the FLU of the MCNP, pursuant to
small scale amendment procedures subject to Section 163.31: , Florida Statutes, is hereby
amended by changing the Future Land Use designation of 6 06 ± acres of real property
generally located at 1950 Northwest 12 Avenue, Miami, FI. ida, as described in "Exhibit A,"
attached and incorporated, from "Major Institutional, Pubic Facilities, Transportation, and
Utilities" to "Public Parks and Recreation".
Section 3. It is found that this amendment • the Comprehensive Plan designation
change involves a use of fifty (50) acres or fewer - nd:
(a) Is necessary due to anged or changing conditions;
(b) The proposed a -ndment does not involve a text change to goals,
policies, or objectives of the City's compr hensive plan, but proposes a land use chance to the
future land use map for a site -specific • -velopment. However, text changes that relateeiregy
to, and are adopted simultaneously th the small-scale FLUM amendment shall be pRmis'able;
(c) Is one ich is not located within an area of critical state c_2rifentrs 0
designated by Section 380.055 , Florida Statutes or by the Administration Commis&jjen
pursuant to Section 380.05(1 Florida Statutes; `co
(d) 1 - nsity will be "Public Parks and Recreation", 0 dwellinrtjts
acre, pursuant to the Mi. i Comprehensive Neighborhood Plan, as amended, and en y w -
be as established in A cle 4 of the Miami 21 Code; and r,
(e) The proposed amendment complies with the applicable ac eagi and
density limitation et forth in the Local Government Comprehensive Planning and Land
Development R gulation Act including, without limitation, Section 163.3187, Florida Statutes.
Sec '. n 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinanc: 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
rea• ng 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 File ID: 12223 (Revision:) Printed On: 7/19/2022
SUBSTITUTED
APPROVED AS TO FORM AND CORRECTNESS:
City of Mlaml File ID: 12223 (Revision:) Printed On: 7/19/2022