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3/27/03 CCM 12346
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-
2000 BY AMENDING THE "INTERPRETATION OF THE
FUTURE LAND USE MAP" SECTION OF THE GOALS,
OBJECTIVES AND POLICIES, TO ADD A NEW LAND
USE CLASSIFICATION ENTITLED "LIGHT
INDUSTRIAL;" CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of May 15, 2002, Item No. 7, following an advertised hearing,
adopted Resolution No. PAB 36-02 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 10544 as hereinafter set forth; and
WHEREAS, this ordinance was approved on first reading by the
City Commission on September 26, 2002, and thereafter transmitted
to the Florida Department of Community Affairs (DCA) on December
3, 2002, for review pursuant to statutory requirements; and
WHEREAS, on February 10, 2003, the Planning and Zoning
Department received from the Florida Department of Community
Affairs (DCA) an "Objections, Recommendations and Comments" (ORC)
report which identified two specific areas of concern and
provided recommendations for addressing these concerns; and
' irHSCINDED C'��I ties I2�i
AMENDED BY:
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WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 19, 2003, Item No. 5, following an advertised hearing,
adopted Resolution No. PAB 14-03 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of amending Zoning Ordinance
No. 10544 as hereinafter set forth; and
WHEREAS, the Planning and Zoning Department has modified
this ordinance to address the State's requirements and the
concerns of the Miami Planning Advisory Board; 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 and its inhabitants to amend
Ordinance No. 10544 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. Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan 1989-2000 is hereby amended by
Page 2 of 6 12346
amending the text of the Goals, Objectives and Policies of said
Ordinance as follows: 1/
"INTERPRETATION OF FUTURE LAND USE MAP
Light Industrial (LI): The primary intent of this land
use classification is to mandate mixed use development
within this land use classification, and further, to
facilitate the ability of developing a mixed occupancy
within a unit in which more than one type of use is
provided under Live/Work or Work/Live Districts. The
Light Industrial category shall be designated on the
Future Land Use Plan map as either LI -LW (live/work) or
LI -WL (work -live). -
Areas designated as "Light Industrial" allow all
activities included in the "Office" and the "Restricted
Commercial" designations, as well as wholesaling and
distribution activities that generally serve the needs
of other businesses; generally require on and off
loading facilities; and benefit from close proximity to
general commercial areas. These commercial activities
(beyond those permitted in the "Office" and the
"Restricted Commercial" designations) include retailing
of second hand items, new and used vehicle sales,
parking lots and garages, wholesaling, warehousing,
light manufacturing and assembly and other activities
whose scale of operation and land use impacts are
similar to those uses described above.
This cateqory also allows commercial marinas and livin
quarters on vessels for transients. This land use
category shall not permit storing, packaging, handling,
processing or distribution of explosive, flammable or
otherwise hazardous materials; scrap yards; wholesale
trade -marts; drive-through facilities; flea markets;
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 unchanged material.
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health clinics; and auto care service centers and
related activities.
The hazard level of an activity shall be one of the
determining factors as to whether that activity shall
be permissible within a Light Industrial district; the
detailed provisions of the applicable land development
regulations shall prohibit high-level hazard activities
within live/work developments.
Live/Work District: Within a live/work
development, residential uses shall occupy between
fifty percent (50%) and ninety-eight percent (98%)
of the area of the development and commercial uses
shall be developed as a secondary use; employees
and walk-in trade are not usually permitted;
however, may be allowed upon compliance with
specified criteria as defined in the governing
land development regulations; such criteria may
include requirements that clients visit by
appointment, and/or limitations on number of
employees.
Work/Live District: Within a work/live
development, commercial uses shall occupy between
fifty percent (50%) and ninety-eight percent (98%)
of the area of the development and residential
uses shall be developed as a secondary use.
Work/live space requires access according to the
American Disabilities Act.
Areas desiqnated as "Light Industrial" allow
residential uses to a maximum density of 65 dwelling
units per acre, and both residential and nonresidential
uses to a maximum height of six stories (with "story"
defined as height between 8 and 14 feet per story) and
a maximum floor area ratio (FAR) of 1.72 times the
gross lot area of the subject property; such FAR may be
increased upon compliance with the detailed provisions
of the applicable land development regulations,
however, may not exceed a total FAR of 4.0 times the
gross lot area of the subject property.
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All such uses and mixes of uses shall be subject to the
detailed provisions of the applicable land development
regulations and the maintenance of required levels of
service for facilities and services included in the
City's adopted concurrency management requirements. The
Light Industrial category is not intended to be subject
to the restrictions and limitations of home occupations
as defined in Zoninq Ordinance No. 11000 (as amended).
*
*„
Section 3. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 4. If any section, part of 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.'I
PASSED ON FIRST READING BY TITLE ONLY this
September , 2003.
26th day of
z/ This Ordinance shall become effective as specified herein unless vetoed
by the Mayor within ten 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.
Page 5 of 6 -12346
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of March , 2003.
ATTEST:
�. �4ne,,r—
0PR SCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO
CI
282:GKW
1W
AND CORRECTNESS
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PLANNING FACT SHEET
APPLICANT
HEARING DATE
REQUEST/LOCATION
LEGAL DESCRIPTION
PETITION
PLANNING
RECOMMENDATION
BACKGROUND AND
ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER
ITEM PZ 20
SECOND READING
Planning and Zoning Department
May 15, 2002
Consideration of amending the Miami Comprehensive
Neighborhood Plan
N/A.
Consideration of amending Ordinance 10544, as
amended, the Miami Comprehensive Neighborhood Plan
1989-2000 (MCNP) in order to create a new land use
category entitled "Light Industrial".
Approval.
See supporting documentation.
Recommended approval to VOTE: 7-0
City Commission.
Passed First Reading on
September 26, 2002.
02-035 Item # 7
CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 3/18/2003 Page 1
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ANALYSIS FOR PROPOSED AMENDMENT OF THE
MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN
PAB CASE NO: 03-007
On February 10, 2003, the Planning & Zoning Department received from the Florida
Department of Community Affairs (DCA) an "Objections, Recommendations and
Comments" (ORC) report regarding a proposed text amendment to the Miami
Comprehensive Neighborhood Plan (MCNP). The amendment, having been adopted on
first reading by the City Commission on September 26, 2002, was transmitted to DCA on
December 3, 2002 for review pursuant to statutory requirements. The proposed
amendment addressed the "Interpretation of the Future Land Use Map" section of the
Goals, Objectives, and Policies of the MCNP, adding a new land use classification
entitled "Light Industrial".
The ORC report identified two specific areas of concern and provided recommendations
for addressing these concerns. The Planning & Zoning Department has prepared the
attached response to the ORC report and has modified its proposed amendment to address
the State's requirements. The Planning & Zoning Department recommends approval of
these proposed amendments.
1
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RESPONSE TO
DEPARTMENT OF COMMUNITY AFFAIRS
OBJECTIONS, RECOMMENDATIONS AND COMMENTS
CITY OF ML4MI
AMENDMENT 03-1
I CONSISTENCY WITH CHAPTER 163, PART II, F.S., AND RULE 9J-5, F.A.0
The proposed amendment establishes a new future land use category called "Light
Industrial'.
Objection: The proposed Light Industrial would function as a mixed-use land use
category with either live/work or work/live activities. While the density/intensity
standards are established, the category does not specify the proportion of mix of the
live/work or work/live land uses nor does it provide other objective measurement that
would be used in implementing the mixed-use land use category. The term "predominant
and secondary" contained in the description of the category does not provide adequate
guidance/standards for defining the proportion of mixed uses. The proposed category
does not adequately define the allowable uses and does not indicate if it would be applied
on a parcel -by -parcel basis, block or district -wide basis. The "work" functions potentially
appear to include commercial, office and industrial, which indicates the need for more
defined mixed use standards. It is also not clear how the live/work scenario would allow
light industrial uses as it seems instead to be limited to services rather than industrial
functions. [Rules 9J-5.005(6); 9J -5.006(4)(c), F.A.C; Chapter 163.3177(6)(a), F.S.]
Recommendation:
Revise the policy to clearly specify the proportion of mix of the live/work or work/live
land uses or other objective measurement that would be used in implementing the mixed-
use land use category. These guidelines and standards are necessary in order for the City
to evaluate the impacts of the land use category when applied to specific areas.
Revise the policy to clearly identify the allowable uses in the category and clarify how
the live/work scenario would allow light industrial uses. It may be appropriate to change
the name of the land use designation to a broader mixed-use description which recognizes
the variety of uses allowed in the district.
The Department also recommends that local governments identify FLUM amendments in
conjunction with the establishment of new land use categories. This approach allows
local governments to refine the land use category as specific areas are contemplated. This
approach also ensures that the impacts of the land use category are fully understood,
particularly with respect to existing developments and how compatibility, non-
conforming uses and needed infrastructure improvements would be addressed.
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City of Miami Response to Objection L
The amendment has been revised to specify the proportion of mix of the live/work or
work/live land uses, to clearly identify the allowable uses in the category, to clarify how
light industrial uses would be allowed in live/work developments, and to indicate that the
land use category will be designated on the Future Land Use Plan map as either live/work
or work/live.
II. CONSISTENCY WITH STATE COMPREHENSIVE PLAN (CHAPTER 187, F.S.)
The proposed amendments are not ,consistent with and do not further the following
provisions of the State Comprehensive Plan for the reasons noted in the objections raised
above [Section 163.3177(9), F.S.]:
1. Land Use Goal (16), Policy 3; and
2. Public Facilities Goal 18(a), Policies 18(b)l & 4.
Recommendation: Revise the amendments as recommended other objective measurement
that would be used in implementing the mixed-use land use category for the objections
raised.
City of Miami Response to Objection II.
The amendments have been revised as described in the City's response to the preceding
Objection.
RESOLUTION PAB -14-03
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, IN
ORDER TO AMEND THE "INTERPRETATION OF THE FUTURE LAND
USE MAP" SECTION OF THE GOALS, OBJECTIVES, AND POLICIES,
IN ORDER TO ADD A NEW LAND USE CLASSIFICATION ENTITLED
"LIGHT INDUSTRIAL"; AND INCLUDING RESPONSES TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS' OBJECTIONS,
RECOMMENDATIONS AND COMMENTS ON THIS PROPOSED
AMENDMENT TO THE MCNP.
HEARING DATE: March 19, 2003
ITEM NO.: 5
VOTE: 7-0
ATTEST:
`Anp/Gelabert-Sanchez, Dir r
Planning and Zoning Department
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Analysis for Amendment to the Comprehensive Plan
To Create A New Land Use Classification
Application No. 2002-0035
The proposed amendment to the "Interpretation of Future Land Use Map" of the
Goals, Objectives and Policies of the Miami Comprehensive Neighborhood Plan
1989-2000 is in order to create a new land use classification within the plan.
The new land use classification being proposed at this time is as follows:
Light Industrial: The primary intent of this land use classification is to facilitate
a mixed occupancy in a unit in which more than one type of use (residential and
commercial) is provided such as live/work or work/live. The Light Industrial
category is not to serve the activity of home occupation or dwelling unit as
defined in Zoning Ordinance No. 1100.
The primary purpose for the creation of the new land use category is to apply
them in areas to be determined.
The "Light Industrial" category is being proposed in response to needs by
investors and existing property owners that our Comprehensive Plan has no land
use classification which accommodates light industrial and, in particular,
live/work or work/live mixed use occupancy. Our Plan jumps from the "Liberal
Commercial" category to "Industrial' and the industrial district does not allow
residential dwellings.
The Planning and Zoning Development is recommending approval of this
amendment finding that the category has value for applications within the City of
Miami and merit inclusion in the Comprehensive Plan.
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RESOLUTION PAB -36-02
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AMENDING ORDINANCE 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000
(MCNP), IN ORDER TO CREATE A NEW LAND USE CATEGORY
ENTITLED "LIGHT INDUSTRIAL".
HEARING DATE: May 15, 2002
ITEM NO.: 7
VOTE: 7-0
ATTEST: wxo.�— ��
Ana Go rt -the , Director
Planning and oning Department
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