HomeMy WebLinkAboutLegislationJ-03-604
11/05/03-CCM
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, RESCINDING ORDINANCE NOS.
12332, 12333, AND 12346 AMENDING ORDINANCE
NO. 10544, AS AMENDED, THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN; AND
SUBSTITUTING IN LIEU THEREOF THIS NEW
ORDINANCE, INCORPORATING THE RESCINDED
ORDINANCES IN A UNIFIED FORMAT AS A SINGLE
AMENDMENT TO ORDINANCE NO. 10544, AS AMENDED,
THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN;
FURTHER UPDATING THE TRANSPORTATION ELEMENT,
ADDING SPECIFIC POLICIES ASSOCIATED WITH A
NEW PARK IN THE LITTLE HAITI AREA, AND ADDING
A NEW LAND USE CLASSIFICATION ENTITLED "LIGHT
INDUSTRIAL;" CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida
Statutes, the City Commission of the City of Miami on February
9, 1989, by Ordinance No. 10544, adopted the Miami Comprehensive
Neighborhood Plan (MCNP); and
WHEREAS, pursuant to Chapter 163, Part II, Florida
Statutes, and 9J-5, Florida Administrative Code (FAC), the City
Commission of the City of Miami on November 7, 1995, by
Resolution No. 95-830, adopted the Evaluation and Appraisal
Report (EAR) on the Miami Comprehensive Neighborhood Plan; and
WHEREAS, following review of the Evaluation and Appraisal
Report and a finding of insufficiency by the Florida Department
of Community Affairs (DCA), the City Commission of the City of
Miami on October 24, 1996, by Resolution No. 06-796, adopted the
report entitled "Sufficiency Issues with Responses by the City
of Miami, Including Revisions in Response to Florida Department
of Community Affairs (DCA) Letter of September 13, 1996" as a
supplement to the Evaluation and Appraisal Report; and
WHEREAS, by letter of December 17, 1996, the Department of
Community Affairs found the revised Evaluation and Appraisal
Report sufficient; and
WHEREAS, pursuant to the requirements of Chapter 163, Part
II, Florida Statutes, and Rule 9J-5, Florida Administrative Code
(FAC), the City Commission of the City of Miami on June 4, 1998,
by Ordinance No. 11779, adopted amendments to the Miami
Comprehensive Neighborhood Plan implementing a portion of the
recommendations of the adopted Evaluation and Appraisal Report;
and
WHEREAS, the City Commission of the City of Miami on
November 16, 1999, by Ordinance No. 11864, adopted an amendment
to the Miami Comprehensive Neighborhood Plan Land Use Element by
adding Policy LU-1.1.11 designating an Urban Infill Area
encompassing all of the City of Miami pursuant to provisions
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contained in Chapter 163, Part II, Florida Statutes, and Rule
9J-5, Florida Administrative Code (FAC); and
WHEREAS, the City Commission of the City of Miami on
September 14, 2000, by Ordinance No. 11961, adopted a further
amendment to the Miami Comprehensive Neighborhood Plan Land Use
Element by amending Policy LU-1.1.11 excluding from the Urban
Infill Area Virginia Key, Watson Island, and the uninhabited
islands of Biscayne Bay that have a land use and zoning
classification of Conservation, pursuant to
Settlement Agreement between the City of Miami
Department of Community Affairs authorized by
Resolution No. 00-693 adopted July 27, 2000; and
WHEREAS, the City Commission of the City of Miami on
October 24, 2001, by Resolution No. 01-1126, directed the
establishment of a new category of public thoroughfares entitled
"Urban Streets," to be incorporated into the Miami Comprehensive
Neighborhood Plan by amendment; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of December 19, 2001 Item No. 7, following an advertised
hearing, adopted Resolution No. PAB 103-01 by a vote of eight to
zero (8-0), RECOMMENDING APPROVAL of proposed EAR -based and
other amendments to the Transportation Element of the Miami
Comprehensive Neighborhood Plan implementing the recommendations
of the adopted Evaluation and Appraisal Report as well as
additional amendments affirming the Urban Infill designation,
a Stipulated
and the Florida
City Commission
Page 3 of 10
the designation of Urban Streets, and other amendments that
comply with State of Florida requirements; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 19, 2003 Item No. 3, following an advertised
hearing, adopted Resolution No. PAB 09-03 by a vote of six to
zero (6-0), RECOMMENDING APPROVAL of proposed EAR -based and
other amendments to the Transportation Element of the Miami
Comprehensive Neighborhood Plan implementing the recommendations
of the adopted Evaluation and Appraisal Report as well as
additional amendments affirming the Urban Infill designation,
the designation of Urban Streets, and other amendments that
comply with State of Florida requirements; and
WHEREAS, on February 27, 2003 the City Commission, after
careful consideration, deemed it advisable and in the best
interest and general welfare of the City of Miami and its
inhabitants to amend Ordinance No. 10544 by adopting Ordinance
No. 12332; and
WHEREAS, the City Commission of the City of Miami passed
Motion M-01-1029 instructing the administration to take all
steps necessary to initiate and plan a park district in the
Little Haiti Area to be bounded by Northeast 2nd Avenue,
Northeast 67th Street, the FEC Railroad, and Northeast 59th
Street; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of January 16, 2002, following an advertised hearing, adopted
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Resolution No. PAB 04-02 by a vote of nine to zero (9-0),
RECOMMENDING APPROVAL of proposed amendments to the Parks,
Recreation and Open Space Element of the Miami Comprehensive
Neighborhood Plan; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 19, 2003, following an advertised hearing, adopted
Resolution No. PAB 09-03
RECOMMENDING APPROVAL of
Recreation and Open Space
Neighborhood Plan; and
WHEREAS, on February 27, 2003 the City Commission, after
careful consideration, deemed it advisable and in the best
interest and general welfare of the City of Miami and its
inhabitants to amend Ordinance No. 10544 by adopting Ordinance
No. 12333; and
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 proposed amendments to the
"Interpretation of the Future Land Use Map" section of the
Goals, Objectives, and Policies of the Miami Comprehensive
Neighborhood Plan to add a new land use classification entitled
"Light Industrial;" and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of March 19, 2003, Item No. 5, following an advertised hearing,
by a vote
proposed
Element
of six
amendments
of
the
to
to
Miami
zero
the
(6-0) ,
Parks,
Comprehensive
Page 5 of 10
adopted Resolution No. PAB 14-03 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL of proposed amendments to the
"Interpretation of the Future Land Use Map" section of the
Goals, Objectives, and Policies of the Miami Comprehensive
Neighborhood Plan to add a new land use classification entitled
"Light Industrial;" and
WHEREAS, on March 27, 2003 the City Commission, after
careful consideration, deemed it advisable and in the best
interest and general welfare of the City of Miami and its
inhabitants to amend Ordinance No. 10544 by adopting Ordinance
No. 12346; and
WHEREAS, the Miami Planning Advisory Board, at its meeting
of July 16, 2003, Item No. 5, following an advertised hearing,
adopted Resolution No. PAB 47-03 by a vote of six to zero (670),
RECOMMENDING APPROVAL of rescinding Ordinance Nos. 12332, 12333,
and 12346 and substituting in lieu of this new ordinance;
WHEREAS, the City Commission, after careful consideration
of this matter, deems it advisable and in the best interest and
general welfare of the City of Miami and its inhabitants to
rescind Ordinance Nos. 12332, 12333, and 12346 in order to
combine them into a single amendment of Ordinance No. 10544; and
WHEREAS, the City Commission, after careful consideration
of this matter, deems it advisable and in the best interest and
general welfare of the City of Miami and its inhabitants to
amend Ordinance No. 10544 as hereinafter set forth;
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NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1.
Preamble to this
The recitals and findings contained in the
Ordinance are adopted by reference and
incorporated as if fully set forth
Section 2.
rescinded.
Section 3
Comprehensive
attached pages
Section 4
Comprehensive
attached pages
Section 5
in this Section.
Ordinance Nos. 12332, 12333, and 12346 are
Ordinance No. 10544, as amended, the Miami
Neighborhood Plan is amended as shown on the
which appear as Attachment A.
Ordinance No. 10544, as amended, the Miami
Neighborhood Plan is amended as shown on the
which appear as Attachment B.
Ordinance No. 10544, as amended, the Miami
Comprehensive Neighborhood Plan is amended by amending the text
of the Goals, Objectives and Policies
follows :1i
of said Ordinance as
"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
11
Words and/or figures stricken through shall be
Underscored words and/or figures shall be added. The
provisions are now in effect and remain unchanged.
indicate omitted and unchanged material.
deleted.
remaining
Asterisks
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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 whole 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;
drive -through facilities; flea markets; 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.
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Areas designated 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.
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 Zoning Ordinance No. 11000 (as amended).
Section 6. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 7. 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 8. This Ordinance shall become effective
pursuant to §163.3189 Fla. Stat. (2003).
PASSED ON FIRST READING BY TITLE ONLY this 13th day of
November , 2003.
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PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS Fr i AND ORRECTNESS:(-
ALE :=. VI ""ELLO
CITY TORNEY
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