HomeMy WebLinkAboutExhibit ACITY COMMISSION FACT SHEET
File ID: 13782
Title:
MAY BE WITHDRAWN
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE
MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN
TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%)
WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM
CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-
CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: To update the Miami Comprehensive Neighborhood Plan (MCNP) to provide a new
density transfer program that supports the preservation and restoration of historically designated
site. This update to the MCNP will support land development regulations that allow for a density
increase of up to fifty percent (50%) for projects within Transit Oriented Development (TOD)
areas that purchase unused residential density from historically designated sites and certain
non-contributing resources.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on January 17, 2018,
by a vote of 8 — 0.
City of Miami File ID: 3698 (Revision: 8) Printed On: 51712021
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f, City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
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Enactment Number:13782
File Number: 3698 Final Action Date: 5/27/2021
MAY BE WITHDRAWN
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE
MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN
TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%)
WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM
CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-
CONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami
Comprehensive Neighborhood Plan ("MCNP") was adopted by the City Commission via
Ordinance No. 10544 on February 9, 1989; and
WHEREAS, conditions have required that the City amend the MCNP from time to time
pursuant to Expedited State Review, State Coordinated Review, and Small -Scale Amendment
processes as established in Section 163.3184, Florida Statutes, depending on circumstances;
and
WHEREAS, the MCNP guides existing and future development; evaluates how the City
of Miami ("City") meets the needs of existing and future residents, visitors, and development;
and provides a "master plan" that the City considers when making development decisions; and
WHEREAS, pursuant to Rule Chapter 73C-49 of the Florida Administrative Code, the
City should regularly update its MCNP to reflect changes in local conditions; and
WHEREAS, given that growth and change can affect every aspect of the City, it is
imperative that the MCNP address various aspects of the community's future; and
WHEREAS, the Future Land Use Element within the MCNP should be amended to allow
for density to be transferred from historically designated sites to receiving sites within a Transit
Oriented Development ("TOD"); and
WHEREAS, this proposed amendment would allow certain receiving sites within a TOD
to increase their allowable density by up to 50% through this transfer; and
City of Miami File ID: 3698 (Revision: 8) Printed On: 51712021
WHEREAS, this proposed amendment will continue to support policies to promote the
preservation of historic sites within the City as well as promote increased density within close
proximity to rapid transit stations; and
WHEREAS, affordable housing is a significant issue affecting the residents of the City;
and
WHEREAS, historically designated sites owned by the City may be permitted to transfer
density at no cost or at a discounted rate for the purposes of producing affordable housing; and
WHEREAS, a study by the New York University Furman Center, a copy of which is
provided as Exhibit "A," attached and incorporated, shows that the City is the least affordable to
the median renter of the eleven (11) metropolitan areas studied; and
WHEREAS, the City, embracing the tenets of New Urbanism and Smart Growth, has
established Residential Density Increase overlays in the urban core where mixed -use
development is encouraged and transit exists; and
WHEREAS, the City is among the 100 Resilient Cities, a Rockefeller Foundation
program dedicated to helping cities become more resilient to physical, social, and economic
challenges of the 21 st Century; and
WHEREAS, equitable distribution of decent affordable housing has been recognized as
a fundamental element of a Resilient City by Oakland, California's Resilience Strategy, provided
as Exhibit "B," attached and incorporated; and
WHEREAS, a recent RAND report shows that mixed -income developments offer an
opportunity for people with low income access to low -poverty neighborhoods and better
performing schools; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on January
17, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-004 by a
vote of eight to zero (8-0), Item No. PZAB.5, recommending approval of the proposed
amendment to the MCNP to allow for density to be transferred from historically designated sites
and certain non-contributing resources to certain receiving sites within a TOD; and
WHEREAS, this proposed amendment was heard at City Commission on June 28, 2018
and July 26, 2018; and
WHEREAS, text amendments to comprehensive plans in the State of Florida must
comply with the Expedited State Review process pursuant to Section 163.3184, Florida
Statutes, including transmitting the amendment to certain reviewing agencies after the first
public hearing; and
WHEREAS, the proposed amendment was not transmitted to the reviewing agencies
between the first and second public hearing; and
WHEREAS, the State Land Planning Agency recommended that the City bring the
proposed amendment to a third hearing for adoption to comply with the Expedited State Review
process; and
WHEREAS, the City has twice extended the time needed to bring this item to adoption
since it commenced the Expedited State Review by notifying the State Land Planning Agency
on March 22, 2019 and on June 2, 2019, extending the deadline to adopt the amendment until
City of Miami File ID: 3698 (Revision: 8) Printed On: 51712021
December 13, 2019, and both extensions have been acknowledged pursuant to Section 163,
Florida Statutes; and
WHEREAS, to bring the proposed amendment into compliance with statutory
requirements, the City has transmitted the amendment to the appropriate reviewing agencies
pursuant to Section 163.3184, Florida Statutes, including the Department of Economic
Opportunity ("DEO"), South Florida Regional Planning Council, South Florida Water
Management District, Miami -Dade County, Department of Environmental Protection, Florida
Department of Transportation (Region 6), Department of State, and Department of Education;
and
WHEREAS, none of the reviewing agencies offered any comments that require
modification of the proposed amendment; and
WHEREAS, this final public hearing is being held to comply with the Expedited State
Review process; and
WHEREAS, final adoption of this proposed amendment will require final transmittal in
accordance with the Expedited State Review procedures; and
WHEREAS, the City wishes to encourage increased density and infill development
around fixed rail transit stations; 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 and its inhabitants that the
MCNP be amended 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 if fully set forth in this Section.
Section 2. The MCNP is revised by amending the text of the Policies of said Ordinance
as follows:'
FUTURE LAND USE
Goal LU-2: Preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of
Miami's historic, architectural and archaeological resources. (See Coastal Management Goal
CM-5.)
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanaed material.
City of Miami File ID: 3698 (Revision: 8) Printed On: 51712021
Objective LU-2.3: Encourage the preservation of all historic, architectural, and
archaeological resources that have major significance to the city by continuing to increase the
number of nationally and locally designated sites for the period 2008-2013.
Policy LU-2.3.3: The City will encourage future historic designations through the
implementation of a program permitting historically designated sites or certain non-contributing
resources to transfer unused residential density to certain properties within a 3/4 mile of a rapid
transit station, using revenue from the transfer for rehabilitation and maintenance of the historic
site.
*„
Section 3. It is found that this Comprehensive Plan text amendment:
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review process pursuant to Section 163.3184(3), Florida
Statutes;
(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.
Section 4. The City Manager is directed to instruct the Director of the Planning
Department to promptly transmit, within ten (10) working days after Second Reading, a copy of
the adopted amendment along with supporting data and analysis to the State Land Planning
Agency and all appropriate reviewing agencies or local governments that provided timely
comments after First Reading pursuant to Section 163.3184, Florida Statutes.
Section 5. 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 6. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not
timely challenged, shall become effective thirty-one (31) days after the State Land Planning
Agency notifies the City that the plan amendment package is complete. If the amendment is
timely challenged, this amendment shall become effective on the date the State's Land Planning
Agency or the Administration Commission enters a final order determining this adopted
amendment to be in compliance.2
Z 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: 3698 (Revision: 8) Printed On: 51712021
APPROVED AS TO FORM AND CORRECTNESS:
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City of Miami File ID: 3698 (Revision: 8) Printed On: 51712021