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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fLus
File Number: 04-01102
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, ESTABLISHING AN URBAN
CENTRAL BUSINESS DISTRICT PURSUANT TO SECTION 380.06(2)(e),
FLORIDA STATUTES; SETTING FORTH THE BOUNDARIES OF THE URBAN
CENTRAL BUSINESS DISTRICT; ESTABLISHING GUIDELINES AND
STANDARDS WHICH SHALL BE APPLICABLE TO DEVELOPMENTS WITHIN
THE URBAN CENTRAL BUSINESS DISTRICT; PROVIDING FOR TRANSMISSION
TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR
CONFLICTS, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, Section 380.06(2)(e), Florida Statutes, provides that certain Development of Regional
Impact (DRI) guidelines and standards shall be increased in areas designated by local governments
as Urban Central Business Districts within jurisdictions whose Comprehensive Plans have been found
to be in compliance with Part II, Chapter 163, Florida Statutes; and
WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida
Statutes, was adopted and found to be in compliance by the State of Florida; and
WHEREAS, the City of Miami is a municipality with a population exceeding 25,000 and is located
within an urbanized area as defined by the 1990 census; and
WHEREAS, the City Commission finds it is in the best interest of the City to establish a single
urban core area as the Urban Central Business District to attract high intensity, high density, multi -use
development; and
WHEREAS, the City Commission finds it is necessary to the City's long range controlled growth
objectives to create an urban core area to serve as a hub of eastern redevelopment activity; and
WHEREAS, the creation of an Urban Central Business District is necessary to achieve the City's
goals for redevelopment of its downtown district; and
WHEREAS, the City Commission finds that the area currently referred to as the "Central Business
District" ("CBC") is the appropriate urban core to designate as the Urban Central Business District; and
WHEREAS, the redesignation of the Central Business District as the City's Urban Central Business
District will permit additional development density opportunities suitable to attract mixed use business;
and
WHEREAS, the area proposed for the Urban Central Business District currently enjoys land use
designations and zoning classifications compatible with intensification of use in the area; and
WHEREAS, the Florida Department of Community Affairs has determined that the area hereinafter
specified for designation as an Urban Central Business District meets all qualifying criteria provided in
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File Number: 04-01102
Florida Administrative Code Rule 28-24.014 for designation as an Urban Central Business District; and
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 1, 2004, Item No. 5,
following an advertised hearing, adopted Resolution No. PAB 100-04 by a vote of six to zero (6-0),
RECOMMENDING APPROVAL of establishing an Urban Central Business District as hereinafter set
forth; 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 designate an urban
Central Business District 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 City Commission of the City of Miami, Florida, hereby designates that area depicted
on Exhibit "A," (attached hereto and made a part thereof), which is wholly within the jurisdictional
boundaries of the City of Miami, as an "Urban Central Business District" within the meaning of Section
380.06(2) (e), Florida Statutes and Rule 28-24.014(10) (c) 1, Florida Administrative Code.
Section 3. The Urban Central Business District boundaries shall be utilized for increased
development -of -regional -impact guidelines and standards, consistent with the applicable criteria of the
Florida Statutes and Florida Administrative Code, as may be amended from time to time. The
increased DRI guidelines shall only apply to development projects approved by the City after the
effective date of this ordinance.
Section 4. The Project areas described in the Downtown Development Supplemental Fee
Ordinance and the Southeast Overtown / Park West Development Supplemental Fee Ordinance in
Chapter 13, Article 11 and III, respectively, of the City of Miami Code, as amended, shall continue
tocomply with their applicable development orders, laws and regulations and may not opt out of their
Development of Regional Impact areas.
Section 5. The proposed intensification of uses within the Urban Central Business District is
consistent with the Miami Neighborhood Comprehensive Plan and Future Land Use map intensities
which allow for high intensity multi -use development within the proposed District.
Section 6. All laws and ordinances applying to the City of Miami in conflict with any provisions of
this ordinance are hereby repealed.
Section 7. Should any section or provision of this Ordinance or any portion thereof be declared by
a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this
Ordinance.
Section 8. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the City of Miami, Florida, as amended, which provisions may be
renumbered or relettered and that the word "ordinance" may be changed to "section," "article," or other
appropriate word to accomplish such intention.
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File Number: 04-01102
Section 9. This Ordinance shall become effective immediately upon passage and a copy shall be
provided to the Florida Department of Community Affairs. {1}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
{1} 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.
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