HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk
FROM: Victoria Mendez, City Attorney for
DATE: May 11, 2023
RE: Ordinance No. 14099 — Land Use - 1950 Northwest 12 Avenue
File No. 12223
At its September 13, 2022, meeting, the City Commission adopted the above -referenced
agenda item, PZ.17, 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, 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 therein, from "Major
Institutional, Public Facilities, Transportation, and Utilities" to "Public Parks and Recreation."
The Legislation has been corrected and incremented to Revision B.
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Enclosure(s)
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City of Miami
Ordinance 14099
Legislation
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 Avenue, fermi,
Florida is the subject of this application; and
FT
WHEREAS, this application, along with four (4) other sets of Comprehensiver'lan
amendments and their companion rezones, is submitted in conjunction with the Miami Frtdom
Park Special Area Plan ("SAP") and its companion Comprehensive Plan Amendmen:'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
w
ter;
WHEREAS, the area subject to this application is 5.00 ± acres in size; and -,c lrl
WHEREAS, the Property is owned by the City and is located in the northerrrt &Rhein
Health District; 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
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 designaiono
change involves a use of fifty (50) acres or fewer and: ='
(a) Is necessary due to changed or changing conditions;
--c 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 tc he
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
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
City of Miami
Ordinance
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 12223 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 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 Avent, MiEtjni,
Florida is the subject of this application; and _'`'' -
-y ri `� .)
RJ I
WHEREAS, the area subject to this application is 5.00 ± acres in size; and � :F'
WHEREAS, the Property is owned by the City and is located in the northerrrt cache
Health District; and
rr,
WHEREAS, this application, along with four (4) other sets of Comprehensiv 'la4D
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-22-029 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: A) Printed On: 5/11/2023
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 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 FLUM amendment shall be permissible;
(c) Is one which is not located within an area of critical state cor ernes
designated by Section 380.0552, Florida Statutes or by the Administration Commission tZt
pursuant to Section 380.05(1), Florida Statutes;
rn
(d) Density will be "Public Parks and Recreation", 0 dwelling per. (-5
acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, and itensf wiI
be as established in Article 4 of the Miami 21 Code; and A= — (e) The proposed amendment complies with the applicable acitpag9pand,D
density limitations set forth in the Local Government Comprehensive Planning and Ipndp
Development Regulation Act including, without limitation, Section 163.3187, Florida -Stags.
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: A) Printed on: 5/11/2023
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:
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: A) Printed on: 5/11/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 12223 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 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
� w
WHEREAS, only a portion of the property located at 1950 Northwest 12 Aver;
Florida is the subject of this application; and -< P1
0 -4 C7
WHEREAS, the area subject to this application is 6.106 ± acres in size; and an --�
WHEREAS, the Property is owned by the City and is located in the northern -part owe C-D
Health District; and ; ws
�
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,
following 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
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 6.106 ± 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 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 chance to the
future land use map for a site -specific development. However, text changes that relateeiregy
to, and are adopted simultaneously with the small-scale FLUM amendment shall be pRmis'able;
(c) Is one which is not located within an area of critical state Corifentrs 0
designated by Section 380.0552, Florida Statutes or by the Administration Commis E n
pursuant to Section 380.05(1), Florida Statutes;co ;
(d) Density will be "Public Parks and Recreation", 0 dwelling r i'ts
acre, pursuant to the Miami Comprehensive Neighborhood Plan, as amended, ancTi en§iiy w -
be as established in Article 4 of the Miami 21 Code; and
Po
(e) The proposed amendment complies with the applicable ac eagi 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
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
APPROVED AS TO FORM AND CORRECTNESS:
City of Mlaml File ID: 12223 (Revision:) Printed On: 7/19/2022