HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14166
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT
TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT
WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE
NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND
USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE
NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS,
RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN
APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE
ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT
TEAM AREAS; 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: The Miami Comprehensive Neighborhood Plan ("MCNP") was adopted on
February 9, 1989, pursuant to Ordinance No. 10544, pursuant to Chapter 163, Part II,
Florida Statutes. The MCNP establishes goals, objectives, and policies for land use
within the City of Miami ("City"). On September 24, 2020, pursuant to Ordinance No.
13926, the City Commission adopted the City of Miami Fiscal Year 2020-2021 operating
budget. The City of Miami Fiscal Year 2020-2021 operating budget eliminated the
Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET
functions. It is necessary to address all references to the NET in the MCNP.
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On January 4, 2023, recommended
approval, by a vote of 7-1.
City of Miami File ID: 12615 (Revision:) Printed On: 5/9/2023
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:14166
File Number: 12615 Final Action Date: 4/27/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN
SECTION 163.3184, FLORIDA STATUTES, BY AMENDING THE TEXT
WITHIN THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN,
SPECIFICALLY STRIKING OR REPLACING REFERENCES TO THE
NEIGHBORHOOD ENHANCEMENT TEAM WITHIN THE FUTURE LAND
USE ELEMENT; ADDRESSING THE GEOGRAPHY OF THE
NEIGHBORHOOD ENHANCEMENT TEAM AREAS FOR THE PARKS,
RECREATION AND OPEN SPACE ELEMENT; PROVIDING AN
APPENDIX TO THE PARKS, RECREATION AND OPEN SPACE
ELEMENT WHICH MAPS THE NEIGHBORHOOD ENHANCEMENT TEAM
AREAS; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted on
February 9, 1989, pursuant to Ordinance No. 10544, pursuant to Chapter 163, Part II, Florida
Statutes; and
WHEREAS, the MCNP establishes goals, objectives, and policies for land use within the
City of Miami ("City"); and
WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City
Commission adopted the City of Miami Fiscal Year 2020-2021 operating budget; and
WHEREAS, the City of Miami Fiscal Year 2020-2021 operating budget eliminated the
Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET functions;
and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
January 4, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
007 by a vote of seven to one (7-1), Item No. PZAB.12, recommending approval of the MCNP
text amendment; and
WHEREAS, it is necessary to address all references to the NET in the MCNP; 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 residents to amend
the MCNP as set forth herein;
City of Miami File ID: 12615 (Revision:) Printed On: 5/9/2023
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 City Commission hereby further amends the MCNP pursuant to
Expedited State Review amendment procedures as stated in Section 163.3184, Florida
Statutes, by amending the text of the MCNP as follows:'
"FUTURE LAND USE
Policy LU-1.5.3: Notice of application for special permits or other such administrative
land use or zoning permits provided for in the future, shall be provided to any 4E-T
registered homeowners associations or neighborhood associations registered with the
City and located in the same designated area of the subject property thirty days prior to
issuance of the special permit or such administrative land use or zoning permits
provided for in the future zoning and land use regulations and promptly after issuance of
the decision with explanation of appeal procedures allowing sufficient time for such
appeals.
Policy LU-1.5.4: Notice of application requiring public hearings shall be provided to any
NET regist row, homeowner and neighborhood associations registered with the City and
located in the same designated area of the subject property and to owners within a
certain number of feet as provided for in the City code.
PARKS, RECREATION AND OPEN SPACE
Policy PR-6.1.1: The Parks, Recreation, and Open Space Element recognizes
the dissolution of the City's Neighborhood Enhancement Team (NET) functions.
At the same time, the strategy for the 2007 Parks Master Plan is based on
analysis of the City by NET Areas. Therefore, for the purpose uninterrupted
implementation of the 2007 Parks Master Plan, references to the City's NET
Areas remain valid and in effect until further notice. A map of the NET Areas as
of September 30, 2020, can be found in Appendix PR-1.
Section 3. The City Commission hereby further amends the MCNP pursuant to
Expedited State Review amendment procedures as stated in Section 163.3184, Florida
Statutes, by approving Appendix PR-1, attached and incorporated as Exhibit "A", to be attached
to the MCNP.
' 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.
City of Miami File ID: 12615 (Revision:) Printed On: 5/9/2023
Section 4. The City Commission finds that the Comprehensive Plan amendment:
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review Process pursuant to Section 163.3184,
Florida Statutes;
(c) Involves a text change to the Goals, Objectives, and Policies of the Future Land
Use Element and to the Interpretation of the 2020 FLUM;
(d) 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;
(e) Complies with the applicable density limitations set forth in the Local Government
Comprehensive Planning and Land Development Regulation Act, if applicable.
Section 5. The City Manager is directed to transmit a copy of this proposed amendment
to all reviewing agencies and any other local government or governmental agency that has filed
a written request within ten (10) working days after First Reading pursuant to Section 163.3184,
Florida Statutes.
Section 6. The City Manager is further directed to review all comments received and to
take these comments into consideration for any necessary revisions for Second Reading of this
proposed amendment.
Section 7. The City Manager is further directed to transmit a copy of the adopted
amendment along with supporting data and analysis to the State Land Planning Agency and all
agencies or local governments that provided timely comments after First Reading within ten (10)
working days after Second Reading.
Section 8. 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 9. 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 Land Planning Agency
or the Administration Commission enters a final order determining this adopted amendment to
be in compliance.2
APPROVED AS TO FORM AND CORRECTNESS
1
i ria i : ndez, Cify Attor iey 1/2012023
2 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: 12615 (Revision:) Printed On: 5/9/2023