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HomeMy WebLinkAboutO-12629City of Miami Legislation Ordinance: 12629 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-01102 Final Action Date: 12/9/2004 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 City of Miami Page 1 of 3 File Id: 04-01102 (Version: 2) Printed On: 10/19/2016 File Number: 04-01102 Enactment Number: 12629 hereinafter specified for designation as an Urban Central Business District meets all qualifying criteria provided in 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 II 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. City of Miami Page 2 of 3 File Id: 04-01102 (Version: 2) Printed On: 10/19/2016 File Number: 04-01102 Enactment Number: 12629 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. Section 9. This Ordinance shall become effective immediately upon passage and a copy shall be provided to the Florida Department of Community Affairs. {1} 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. City of Miami Page 3 of 3 File Id: 04-01102 (Version: 2) Printed On: 10/19/2016