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Home My WebLink AboutSubmittal-Correspondence-Department of Community Affairs0 STATE OF • - DEPARTMENT OF COMMUNITY AFFAIR -S "Dedicated to making Florida a better place to call home" CHARLIE CRIST Govemor September 29, 2009 The Honorable Manuel A. Diaz Mayor, City of Miami City Hall 3500 Pan American Drive Miami, Florida 33133 Dear Mayor Diaz: THOMAS G. PELHAM Secretary The Department of Community Affairs (Department) completed its review of the proposed comprehensive plan amendment for the City of Miami (DCA No. 09-1 AR) which was received on September 10, 2009. Based on the review of the proposed amendment, as set forth under Section 163.32465, Florida Statutes, (F.S.), the Department identified four comments. The Department's comments regarding these amendments are stated in this letter. These comments, if not adequately resolved prior to adoption, may result in the Department challenging this amendment. Inadequate Data and Analysis The amendment (as submitted) lacks adequate data and analysis that documents whether it will result in increased densities and intensities. In response to our inquiries, your staff provided additional data and analysis related to densities on September 28, 2009. That information identified residential density increases and decreases in each of the four quadrants of the City. - - - - Concerning intensities, the adopting ordinance proposes to replace the existing floor area ratios (gross acreage) with floor lot ratios (net acreage). This matter is complicated by the City's historical approach to floor area ratios, which allows an applicant to count 50% of adjoining right-of-way, and up to 90 feet of adjoining parks, water bodies, and similar features towards their calculation of buildable area Furthermore the City's code also excludes a varim of areas n 3 c 3 s 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) • Website www.dca.state.fl.us • COMMUNITY PLANNING 850-488-2356 (p) B5OA88-3309 (n • FLORIDA COMMUNITIES TRUST 850-922.2207 (p) 850.921-1747 (0 • HOUSING AND COMMUNITY DEVELOPMENT 850488-7956 (p) 850-922-5623 (f) • o(,- ozO9,s 3br 7� tfa,C- Cor- artmed of Co�,r 1TJ p-�f�;Irs from the calculation of non-residential floor area. The result of this approach is that the . 3 0 3 application of floor area ratios is entirely dependent on the specific site (i.e. width of adjoining ----right-of=way-and-whether-there-are-adjoining-parks-or-water.-bodies).-In-contrast,_the_City'.s toCL proposed new approach to floor lot ratios is applied directly to the net acreage, without y 3 3 ' i permitting the additions or exceptions noted above. The amendment does not provide adequate r) c M ° data and analysis to estimate the net change in intensities resulting from replacing floor area .< o rs ='• m ratios with floor lot ratios. n 3 c 3 s 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100 850-488-8466 (p) ♦ 850-921-0781 (f) • Website www.dca.state.fl.us • COMMUNITY PLANNING 850-488-2356 (p) B5OA88-3309 (n • FLORIDA COMMUNITIES TRUST 850-922.2207 (p) 850.921-1747 (0 • HOUSING AND COMMUNITY DEVELOPMENT 850488-7956 (p) 850-922-5623 (f) • o(,- ozO9,s 3br 7� tfa,C- Cor- artmed of Co�,r 1TJ p-�f�;Irs The Honorable Manuel A. Diaz September 29, 2009 Page 2 Infrastructure Impacts The City has not evaluated the impact this amendment will have on water supply, water treatment facilities, wastewater treatment facilities, and public schools. The Department has three comments related to specific services. First, regarding -water supply, the cover letter notes that "...Water Supply Facilities Plan and Plan Amendments will be submitted to the Department for review after the City's next Large Scale Amendment Hearing later this year." However, the City's water supply plan was due on August 15, 2008. The City should provide a public facility analysis for water supply and water treatment facilities. Water supply needs to be demonstrated for the next ten years and include any water supply projects needed in the next five years in the 5 -year schedule of capital improvements. Second, regarding sewer, the concurrency evaluation provided with the amendment notes in footnote 1 that "[A] Permit for sanitary sewer connection _.must be issued by_Metro-Dade Water and Sewer Authority_Department (WASA). Excess capacity, if any, is currently not known." The City should provide a public facility analysis for sewer treatment facility demand for the next five years and include any needed improvements to meet the demand in the 5 -year schedule of capital improvements. Third, regarding public schools, the amendment includes a November 6, 2008 letter from the School Board staff that notes that "At this time, there is sufficient capacity in the schools serving the East Quadrant to accommodate the density increases upon the implementation of Miami 21." Staff understands that changes occurred to Miami 21 between the date of the letter and the adoption in September 2009. An updated letter should be obtained from the School Board. Preservation of Commercial Working Waterfronts on the Miami River The amendment is not compatible with the preservation of commercial working waterfronts along the Miami River. This comment relates to three specific examples. First, some of the Future Land Use Map (FLUM) amendments along the Miami River introduce a wider range of incompatible uses than is currently allowed by the existing FLUM. For example, the proposed amendments from high density multifamily residential to restricted commercial, and from medium density multifamily residential to medium density restricted commercial fall into this category. In both examples, the new land use category permits the same residential densities as the former designation, but adds a variety of new non-residential uses, including hotels, offices, clinics, general retail, services, restaurants, entertainment, and similar uses. Second, the FLUM amendments propose to change two sites which are presently designated industrial to uses that are less supportive of working waterfront uses, such as light industrial and restricted commercial. Third, the amendment lists the three sites that were the subject of recent litigation as restricted commercial, which also permits a range of uses that are not compatible with working waterfronts. The City should implement the recommended remedial actions contained in the Department's Statement of Intent for the Miami 08-1 ER amendment. Submitted into the public record in connection with item PZ.5 on 10-22-09 Priscilla A. Thompson __ _ City Clerk The Honorable Manuel A. Diaz September 29, 2009 Page 3 Intensity Standards For the new FLUM designations of Low and Medium Density Restricted Commercial and for the revised Industrial and Light Industrial designations, the only intensity standard is a maximum height -requirement. The City should also provide a floor lot ratio (FLR). The City is reminded that pursuant to Section 163.32465(4)(b), F.S., other state and regional review agencies have the authority to provide comments directly to the City regarding these proposed amendments. The City should note that any comments provided by the other state and regional agencies could form the basis for a challenge, even if the Department did not identify these other issues in our review of the amendments. _If you have any questions relating to the Department's review of the proposed amendment or preparing responses to the Department's comments, please call Bill Pable, AICP, at (850) 922-1781. Sincerely, n Mike McDaniel Chief, Office of Comprehensive Planning MMlbp cc: Ms. Carolyn Delle, Executive Director, South Florida Regional Planning Council Ms. Ana Gelabert-Sanchez, Director, City of Miami Planning Department Submitted into the public record in connection with item PZ.S on 10-22-09 Priscilla A. Thompson City Clerk