HomeMy WebLinkAboutO-13115Vop City of Miami
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Ordinance: 13115
File Number: 08-01315ct
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/22/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY
MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE
INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE
FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE
MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO
IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND
ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR
TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE, AS MODIFIED.
WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida
Statutes, was originally adopted by Ordinance No. 10544 and found to be in compliance by the State
of Florida and has subsequently been amended and the amendments found to be in compliance
except for certain limited amendments to implement the most recent Evaluation and Appraisal Report; and
WHEREAS, the City of Miami ("City") is engaged in a planning and zoning process known as
"Miami 21" applicable to the entire City and involving the planning for enhancement of the public
health, safety and welfare of the community and the enactment of a new form -based land
development code; and
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the City proposes to amend the
Miami Comprehensive Neighborhood Plan; and
WHEREAS, it has been determined that to maintain consistency between the Miami
Comprehensive Neighborhood Plan ("MCNP") and the Miami 21 zoning code the City will amend its
Comprehensive Plan, Interpretation of the 2020 Future Land Use Map, to incorporate the new Land
Use categories of Low Density Multifamily Residential, Low Density Restricted Commercial, and
Medium Density Restricted Commercial; as well as to adjust the density and intensity provisions in the
Land Use categories of Major Institutional, Public Facilities, Transportation and Utilities, Restricted
Commercial, Central Business District, General Commercial, Industrial and Light Industrial; designate
the Edgewater Area to allow for a higher floor lot ratio for properties in the district with a Restricted
Commercial designation; delete the Office Land Use category; and modify the Light Industrial Land
Use category in order to allow wholesale trade mart, drive through, flea markets and auto care service
center uses; and the City will amend the 2020 Future Land Use Map to designate property under the
new Land Use categories; and
WHEREAS, the Planning Advisory Board, at its meeting January 7, 2009, Item No.P2,
following an advertised public hearing, adopted by Resolution No. PAB 08-01315ct, by a vote of five
(5) to four (4) recommended approval of text and map amendments to the MCNP; and
City of Miand Page 1 of 10 File Id. 08-01315et (Version: 7) Printed On: 7/5/2017
File Number: 08-01315ct Enactment Nnnaber: 13115
WHEREAS, the City's Planning Advisory Board, held a public meeting on September 2, 2009,
Item No, P.1, and adopted Resolution No. 09-004 by a vote of seven to one (7-1) deferring a
recommendation for 60 days of the text and map amendments to the MCNP; and
WHEREAS, the City Commission, pursuant to Section 62-31(e) of the Code of the City of
Miami, Florida, as amended, held a public hearing on September 4, 2009, within 60 days from the
Planning Advisory Board hearing; 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 to amend the MCNP 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 hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The 2020 Future Land Use Map is hereby amended to change the Land Use
designations for the properties as indicated on the Map attached as Exhibit "A" and incorporated
herein.
Section 3. The "Edgewater Area" is hereby designated, including the properties as indicated
on the Map, attached as Exhibit "B" and incorporated into the 2020 Future Land Use Map series
herein.
Section 4. The Miami Comprehensive Neighborhood Plan is hereby amended by amending
the text of the Future Land Use Element as follows: {1 }
INTERPRETATION OF THE 2020 FUTURE LAND USE MAP
The 2020 Future Land Use Map (contained in Appendix LU -1 of the MCNP as amended from time to
time) is a planning instrument designed to guide the future development and distribution of land uses
within the city in a manner that is consistent with the goals, objectives and policies of the Miami
Comprehensive Neighborhood Plan (MCNP).
Low Density Multifamily Residential: Areas designated as "Low Density Multifamily Residential"
allow residential structures to a maximum density of 36 dwelling units per acre, 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.
Supporting services such as community-based residential facilities (14 clients or less, not including
drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law;
day care centers for children and adults may be Dermissible in suitable locations.
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Permissible uses within low density multifamily residential areas also include commercial activities
that are intended to serve the retailing and personal services needs of the building or building
complex, small scale limited commercial uses as accessory uses; and places of worship, primary and
secondary schools, and accessory post -secondary educational facilities; all of which are subject to
the detailed provisions of applicable land development regulations and the maintenance of required
levels of service for such uses.
Professional offices, tourist and quest homes, museums, and private clubs or lodges are allowed only
in contributing structures within historic sites or historic districts that have been designated by the
Historical and Environmental Preservation Board and are in suitable locations within low density
multifamily residential areas, pursuant to applicable land development regulations and the
maintenance of required levels of service for such uses. Density and intensity limitations for said uses
shall be restricted to those of the contributing structure(s).
Low Density Restricted Commercial: Areas designated as "Low Density Restricted Commercial"
allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density
Multifamily Residential" subject to the same limiting conditions and transitory residential facilities such
as hotels and motels. This category also allows general office use, clinics and laboratories,
auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools.
Also allowed are commercial activities that generally serve the daily retailing and service needs of the
public, typically requiring easy access by personal auto, and often located along arterial or collector
roadways, which include: general retailing, personal and professional services, real estate, banking
and other financial services, restaurants, saloons and cafes, general entertainment facilities, private
clubs and recreation facilities, major sports and exhibition or entertainment facilities and other
commercial activities whose scale and land use impacts are similar in nature to those uses described
above. This category also includes commercial marinas and living quarters on vessels as subject to
Land Development Regulations.
The nonresidential portions of developments within areas designated as "Low Density Restricted
Commercial" allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property
Medium Density Restricted Commercial: Areas designated as "Medium Density Restricted
Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to
"Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential
facilities such as hotels and motels; general office use; clinics and laboratories commercial activities
that generally serve the daily retailing and service needs of the public, typically requiring easy access
by personal auto, and often located along arterial or collector roadways, which include: general
retailing, personal and professional services, real estate, banking and other financial services,
restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities,
major sports and exhibition or entertainment facilities and other commercial activities whose scale and
land use impacts are similar in nature to those uses described above auditoriums, libraries,
convention facilities, places of worship, and primary and secondary schools. This category also
includes commercial marinas and livina auarters on vessels as Dermissible by law.
The nonresidential portions of developments within areas designated as "Medium Density Restricted
Commercial" allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property
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atme (FAR) of 1.72 tomes the gress let area of the subjeGt property; SUGh FAR may be
inGreased upen GE)MplianGe with the detailed provisions of the appliGable land development
r-egulations; however, may not eXGeed a total FAR of 3.0 times the gress let area of the subjeGt
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Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Major
Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local
government activities, major public or private health, recreational, cultural, religious or educational
activities, and major transportation facilities and public utilities. Residential facilities ancillary to these
uses are allowed up to a maximum density equivalent "High Density Multifamily Residential" or if
applicable to the least intense abutting/adjacent residential zoning district, subject to the same limiting
conditions.
Areas desianated as "Maior Institutional. Public Facilities. Transportation and Utilities" allow
nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject
property. Properties designated "Maior Institutional, Public Facilities, Transportation and Utilities" in
the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of
the subject property. Properties designated "Maior Institutional, Public Facilities, Transportation and
Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of
the subject propert
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Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (except
rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to
the same limiting conditions and a finding by the Planning Director that the proposed site's proximity
to other residentially zoned property makes it a logical extension or continuation of existing residential
development and that adequate services and amenities exist in the adjacent area to accommodate
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the needs of potential residents; anyaGtiVityOncludedon the "^ffi^^" designation transitory residential
facilities such as hotels and motels; general office use; clinics and laboratories, auditoriums, libraries,
convention facilities, places of worship, and primary and secondary schools; as well as commercial
activities that generally serve the daily retailing and service needs of the public, typi^a"„ req iirin_
easy aGGess by personal auto and often located along arterial or collector roadways, which include:
general retailing, personal and professional services, real estate, banking and other financial
services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation
facilities, major sports and exhibition or entertainment facilities and other commercial activities whose
scale and land use impacts are similar in nature to those uses described above. This category also
includes commercial marinas and living quarters on vessels as permissible.
The nonresidential portions of developments within areas designated as "Restricted Commercial"
allow a maximum floor area lot ratio (ARFLR) of 4-.7-2 7.0 times the gross net lot area of the subject
property; such FAR FLR may be increased upon compliance with the detailed provisions of the
applicable land development regulations; however, FLR may not exceed a total FAR FLR of 3:-9 11.0
times the gross net lot area of the subject property. Properties designated as "Restricted
Commercial" in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot
area of the subject property. Properties designated as "Restricted Commercial" in the Urban Central
Business District and Buena Vista Yards Regional Activity Center allow a maximum floor area lot ratio
(€FLR) of 4-0 37.0 times the gross net lot area of the subject property.
Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter
of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and
other features, and parking and loading areas, and excluding only open air corridors, porches,
balconies and roof areas.
The FLUM designations of parcels 2215 NW 14th Street, 1818 / 1884 NW North River Drive, and
1583 NW 24th Avenue are in litigation as of the date of the adoption of this Ordinance, in Case No.
3D06-2409, 3D06-1799 and 3D06-2718, respectively. The proposed FLUM designations of the
above identified parcels are not effective until a final order is issued pursuant to Section 163.3187(3
(c), Florida Statutes. Should the ruling in the case require the redesignation of any or all of the
parcels, the City shall amend the designations to be in compliance with the ruling.
Central Business District (CBD): The area designated as "Central Business District (CBD) is
intended to apply to the central commercial, financial and office core of the metropolitan region, and
allows all activities included in the " ," "Restricted Commercial," and "Major Institutional, Public
Facilities, Transportation and Utilities" designations. Residential facilities (except for rescue missions)
alone or in combination with other uses are allowable to a maximum density of 1,000 dwelling units
per acre, 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.
Also permitted is a mix of uses ranging from high density multifamily residential to high intensity office
uses with retail uses on the lower floors of structures. Intensity of uses within the CBD land use
designation is generally higher than those allowed in other areas of the City. Areas designated as
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CBD allow a maximum floor area lot ratio (€A�FLR) of 25 40 times the gross net lot area of the
subject property.
General Commercial: Areas designated as "General Commercial" allow all activities included in the
".ffiGe" and the "Restricted Commercial" designation, 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 industrial areas. These commercial activities include retailing of second
hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy
equipment sales and service, building material sales and storage, wholesaling, warehousing,
distribution and transport related services, light manufacturing and assembly, marine related uses and
other activities whose scale of operation and land use impacts are similar to those uses described
above. Multifamily residential structures of a density equal to R 3 r)r higher, but not to eXGeed
maximi rn of 150 units per aGre High Density Multifamily Residential., aro allowed by special
EXGeptien only, upen finding that the proposed site's proximity to other residentially zened propefty-
makes it a l0giGal extension OF Gentinuation of existing residential development and that adequate -
se. and amenities exist On the adjaGent area to aGGOMmodate the needs E)f potential reside
This Gategery alse allOWS GE)FnrneFGmal marinas and living quarters on vessels for transients
The nonresidential portions of developments within areas designated as "General Commercial" allow
a maximum floor area lot ratio (€ FLR) of 1..72 7.0 times the gross net lot area of the subject
property; such FAR FLR may be increased upon compliance with the detailed provisions of the
applicable land development regulations; however, FLR may not exceed a total FAR FLR of 3-9 11.0
times the gross net lot area of the subject property. Properties designated as "General Commercial"
in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a
maximum floor area lot ratio (€A�FLR) of 4-9 37.0 times the gross net lot area of the subject property.
Industrial: The areas designated as "Industrial" allow manufacturing, assembly and storage activities.
The "Industrial" designation generally includes activities that would otherwise generate excessive
amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact
unless properly controlled. Stockyards, rendering works, smelting and refining plants and similar
activities are excluded. Residential uses are not permitted in the "Industrial" designation, except for
rescue missions, and live-aboards in commercial marinas.
Areas designated as "Industrial" allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of
the subject property. Furthermore, all such uses shall be subject to the maintenance of required
levels of service for facilities and services included in the City's adopted concurrency management
requirements.
Light Industrial (LI): The primary intent of this land use classification is to mandate allow 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 zoning Ddistricts of the City's land development regulations. The Light industrial Gate
shall be designated en the Future Land Use Plan rnap as either LI LVV (liveMork) er LI WL (werkAive�.
Areas designated as "Light Industrial" allow all activities included in the "OffiGe" and "Restricted
Commercial" and "General Commercial" designations, as well as wholesaling and distribution
City of Miand Page 6 of 10 File Id. 08-01315et (Version: 7) Printed On: 7/5/2017
File Number: 08-01315ct Enactment Number: 13115
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 "Ge' aid the "Restricted Commercial" and "General 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 whole
whose scale of operation and land use impacts are similar to those uses described above.
This category also allows commercial marinas and living 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; drove thro itch
facilities; flea markets; and health clinics;an—and alltO Gare corvine nonters and related aGti„itioc
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 d+striGt land use classification; the detailed provisions of the
applicable land development regulations shall prohibit high-level hazard activities within live/work
developments.
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Areas designated as "Light Industrial" allow residential uses to a maximum density of 6-5 36 dwelling
units per acre, and the nonresidential portions of developments within areas designated as "Light
Industrial" allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the subject property
and a maxornurn floor a - - iatie (FAR) of 1.72 times the gross lot area of the s6ibjeGt property; SLIGh
FAR may be inGreased upen GGFnplianGe with the detailed provisions of the appliGable land
development regulations; however, may not eXGeed a total FAR of 4.0 tirnes the gross let area of the
ci ibjeGt PFG nor+.,. Affordable housing developments that are certified by the City as having a complete
application for development as of the effective date of the proposed Land Development Regulations
shall be permitted with densities up to 150 dwelling units per acre but must obtain all building permits
by December 17. 2012. at which time anv riahts herein to buildina permits shall exaire.
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 Gate .,,r.,
0 s not intended to be subjeGt tG the reStFiGtiens and limitations of herne GGGUpatiens as defined in -
Zoning OrdinanGe Ne 11000 (as amended).
Correspondence Table - Zoning and Comprehensive Plan
O W OOO MCNP n rr v 1999
City of Miand Page 7 of 10 File Id. 08-01315ct Mersion: 7) Printed On: 7/5/2017
File Number: 08-01315ct
Enactment Number: 13115
MIAMI 21
MCNP
T3R,L
SUB -URBAN
SINGLE FAMILY RESIDENTIAL
T30
SUB -URBAN
DUPLEX RESIDENTIAL
T4R
GENERAL URBAN
LOW DENSITY
MULTIFAMILY RESIDENTIAL
T4L,0
GENERAL URBAN
LOW DENSITY
RESTRICTED COMMERCIAL
T5R
URBAN CENTER
MEDIUM DENSITY
MULTIFAMILY RESIDENTIAL
T5L,0
URBAN CENTER
MEDIUM DENSITY
RESTRICTED COMMERCIAL
T6-8-
URBAN CORE
HIGH DENSITY
60 R
DI
WORK PLACE
LIGHT INDUSTRIAL
City of Miami
Page 8 of 10 File Id: 08-01315ct (Version: 7) Printed On: 7/5/2017
File Number: 08-01315ct Enactment Number: 13115
D2 INDUSTRIAL
D3 MARINE
CI CIVIC INSTITUTIONAL
CI -HD CIVIC INSTITUTION -
HEALTH DISTRICT
CS CIVIC SPACE/PARKS
TI NATURAL
T6-8-60 URBAN CORE
T6-80 URBAN CORE
R,L,O
INDUSTRIAL
INDUSTRIAL
MAJOR INSTITUTIONAL. PUBLIC
FACILITIES, TRANSPORTATION
AND UTILITIES
MAJOR INSTITUTIONAL, PUBLIC
FACILITIES, TRANSPORTATION,
AND UTILITIES
PUBLIC PARKS AND RECREATION
CONSERVATION
RESTRICTED COMMERCIAL
GENERAL COMMERCIAL
CENTRAL BUSINESS DISTRICT
Section 5. The City Manager is directed to instruct the Director of the Planning Department to
promptly transmit a copy of this Ordinance after its adoption on first reading for review under Section
163.32465, Florida Statutes, and after its adoption on second reading pursuant to Section
163.32465, Florida Statutes to: the Secretary, Florida Department of Community Affairs; the
Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other
person or entity requesting a copy or as required by law.
Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and
adoption thereof pursuant and subject to Section 163.32465(6)(g), Florida Statutes.
Section 8. The effective date of this plan amendment shall be the date a final order is issued by
the Department of Community Affairs or Administration Commission finding the amendment in
compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No
development orders, development permits, or land uses dependent on this amendment may be
issued or commence before it has become effective. If a final order of noncompliance is issued by
the Administration Commission, this amendment may nevertheless be made effective by adoption of
a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida
Department of Community Affairs, Division of Community Planning, Plan Processing Team. {2}
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File Number: 08-01315ct
Footnotes:
Enactment Number: 13115
{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.
{2} 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 upon override of the veto by the City Commission and when found in compliance
pursuant to Chapter 163, Part II, Florida Statutes.
City of Miami Page 10 of 10 File Id. 08-01315ct (Version: 7) Printed On: 7/5/2017