HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
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Title: 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 MAP DESIGNATION OF REAL
PROPERTY LOCATED AT APPROXIMATELY 20 SOUTHEAST 10
STREET, MIAMI, FLORIDA, FROM "RESTRICTED COMMERCIAL" WITH
AN URBAN CENTRAL BUSINESS DISTRICT ("UCBD") OVERLAY TO
"PUBLIC PARKS AND RECREATION" WITH AN "UCBD" OVERLAY,
THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27,
2013; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN
EFFECTIVE DATE.
LOCATION: 20 S.E. 10 Street [Commissioner Ken Russell - District 2]
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of City of Miami
PURPOSE: Changing the land use designation from "Restricted Commercial" with an
Urban Central District "UCBD" Overlay to "Public Parks and Recreation", thus repealing
Ordinance No. 13396.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on October 19,
2016, by a vote of 7-1.
City of Miami File ID: 1288 (Revision:) Printed On: 2/14/2018
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City of Miami
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Legislation
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Ordinance:13715
File Number: 1288
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/16/2017
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 MAP DESIGNATION OF REAL PROPERTY
LOCATED AT APPROXIMATELY 20 SOUTHEAST 10 STREET, MIAMI, FLORIDA, FROM
"RESTRICTED COMMERCIAL" WITH AN URBAN CENTRAL BUSINESS DISTRICT
("UCBD") OVERLAY TO "PUBLIC PARKS AND RECREATION" WITH AN "UCBD"
OVERLAY, THUS REPEALING ORDINANCE NO. 13396, ADOPTED ON JUNE 27,2013;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission, at its meeting on June 27, 2013, following an
advertised public hearing at which all interested persons were afforded the opportunity to be
heard, adopted Ordinance No. 13396, which amended Ordinance No. 10544, as amended, the
Future Land Use Map ("FLUM") of the Miami Comprehensive Neighborhood Plan
("MCNP"), pursuant to small scale amendment procedures subject to Section 163.3187, Florida
Statutes, by changing the FLUM designation of real property located at approximately 20
Southeast 10 Street, Miami, Florida ("Property") from "Public Parks and Recreation" with an
"Urban Central Business District" ("UCBD") Overlay to "Restricted Commercial" with an UCBD
Overlay; and
WHEREAS, subsequent to that date, litigation and related proceedings involving multiple
parties have precluded the realization of the public benefits that were envisioned by the
foregoing legislation; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 19, 2016, following an advertised public hearing, adopted Resolution No. PZAB-R-16-
063 by a vote of seven to one (7-1), Item No. PZAB.4, recommending APPROVAL of the
Repeal of Ordinance No. 13396, adopted on June 27, 2013, as set forth; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City of Miami ("City") and its
inhabitants to repeal Ordinance No. 13396;
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 and incorporated as if fully set forth in this Section.
Section 2. The City Commission finds and concludes that:
a. Ordinance No. 13396 is hereby repealed and shall be of no force and effect for
any or all purposes.
City of Miami File ID: 1288 (Revision:) Printed On: 2/14/2018
b. The City Clerk is hereby directed to reflect in the records of the City the repeal of
Ordinance No. 13396 and any notations to the effect of such repeal made by the City
Clerk are hereby approved.
c. The Property and will revert to the FLUM designation that existed prior to the
enactment of Ordinance No. 13396.
d. The City Manager or his designee is hereby directed to enter into the records of
the City the act of the City Commission repealing Ordinance No. 13396 and to cause
the FLUM designation of the Property to be designated as "Public Parks and
Recreation" with an UCBD Overlay.
Section 3. All rights, actions, and proceedings of the City, including the City
Commissioners, the City Manager, or any of its departments, boards or officers undertaken
pursuant to the existing Code provisions, shall be enforced, continued or completed, in all
respects, as though begun or executed hereunder.
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 (30) days after final reading and
adoption thereof.'
APPROVED AS TO FORM AND CORRECTNESS
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Una ndez, City Ht#or iey
7/18/2017
' 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: 1288 (Revision:) Printed On: 2/14/2018