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HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City of Miami Ordinance 14103 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12227 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 3851 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING Ao SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DA . L3 mrn rn WHEREAS, the property generally located at 3851 Rickenbacker CausewaRB7tianl+f, Florida, as more particularly described in the attached and incorporated Exhibit "A' " ccoptay" ),__ is has a current future land use designation of "Major Institutional, Public Facilities, Trspoiony--r=1 and Utilities"; and r -- WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("F pliant") 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 subject to this application is 7.859 ± acres in size; and WHEREAS, the Property is owned by the City and is located on Virginia Key, surrounded primarily by conservation land; 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- 22-033 by a vote of six to three (6-3), Item No. PZAB.14, recommending approval of the small scale Future Land Use amendment; and City of Miami Page 1 of 3 File ID: 12227 (Revision: A) Printed On: 6115/2023 12227 Legislation -SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12227 Enactment Number: 14103 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 7.859 ± acres of real propegy located at 3851 Rickenbacker Causeway, Miami, Florida, as described in "Exhibit A", a/tact:4d and incorporated, from "Major Institutional, Public Facilities, Transportation, and Util4s" tc "Public Parks and Recreation".` ^ ate. Section 3. It is found that this amendment to the Comprehensive Plan designitn change involves a use of fifty (50) acres or fewer and: y =,r.t`fl (a) Is necessary due to changed or changing conditions; r ri . (b) The proposed amendment does not involve a text change to Valsco 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 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. City of Miami Page 2 of 3 File ID: 12227 (Revision: A) Printed on: 6/15/2023 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 12227 Enactment Number: 14103 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: 12227 (Revision: A) Printed on: 6/15/2023 SUBSTITUTED City of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12227 Final Action Date: 9/13/2022 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 3851 RICKENBACKER CAUSEWAY, MINA FLORIDA, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; ANI:trn C PROVIDING FOR AN EFFECTIVE DATE. 01 WHEREAS, the property generally located at 3851 Rickenbacker Causewa4Miami F1 C) rT1 Florida, as more particularly described in the attached and incorporated Exhibit "A" lPfopgy") f-ri has a current future land use designation of "Major Institutional, Public Facilities, Trarjpodatiorj and Utilities"; and m ZIZ CO 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 subject to this application is 7.859 ± acres in size; and WHEREAS, the Property is owned by the City and is located on Virginia Key, surrounded primarily by conservation land; 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- 22-033 by a vote of six to three (6-3), Item No. PZAB.14, 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: 12227 ( ) Printed On: 6/15/2023 12227 Legislation -SUB SUBSTITUTED File ID: 12227 Enactment Number: 14103 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 7.859 ± acres of real propert located at 3851 Rickenbacker Causeway, Miami, Florida, as described in "Exhibit A", a1ttic113i and incorporated, from "Major Institutional, Public Facilities, Transportation, and Utiliti$W to 2J "Public Parks and Recreation". • P1 oae I Section 3. It is found that this amendment to the Comprehensive Plan design idn change involves a use of fifty (50) acres or fewer and: n -0 3 -c w rj (a) Is necessary due to changed or changing conditions; (b) The proposed amendment does not involve a text change to goalsx 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 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 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 2 of 3 File ID: 12227 ( ) Printed on: 6/15/2023 SUBSTITUTED File ID: 12227 Enactment Number: 14103 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 12227 ( ) Printed on: 6/15/2023