HomeMy WebLinkAboutMiami 08-1ER Letter SOI & NOISTATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
"Dedicated to making Florida a better place to call home"
CHARLIE CRIST THOMAS G. PELHAM
Governor Secretary
January 6, 2009
The Honorable Manuel A. Diaz
Mayor, City of Miami
City Hall
3500 Pan American Drive
Miami, Florida 33133
Dear Mayor Diaz:
The Department of Community Affairs (the Department) completed its review of the City of
Miami 08-1 ER comprehensive plan amendments adopted on November 13, 2008 by Ordinance Number
13043. With the exception of the specific goals, objectives, and policies identified in Table I below, the
Department determined that the amendments adopted by Ordinance Number 13043 meet the requirements
of Chapter 163, Part II, Florida Statutes, for compliance, as defined in Subsection 163.3184(1)(b), Florida
Statutes.
The Department is issuing a Statement of Intent and a Notice of Intent to find the specific goals,
objectives, and policies listed in Table 1 below Not In Compliance, and the remaining amendments
adopted by Ordinance Number 13043 In Compliance. The Notice of Intent has been sent to the Miami
Herald for publication on January 7, 2009.
Table 1
• Goal PA-3
• Objective PA-3.1, and
• Objective PA-3.2, and
• Objective PA-3.3, and
• Objective PA-3.4, and
• Policy LU- l .4.10
Policies PA-3.1.1 to 3.1.9
Policy PA-3.2.1
Policy PA-3.3.1
Policies PA-3.4.1 to 3.4.4
The City's amended goals, objectives, and policies in Table 1 (which were adopted by Ordinance
Number 13043) fail to include strategies that will be used to preserve recreational and commercial
working waterfronts as required by Section 163.3178(2)(g), Florida Statutes. Accordingly, the
Department is issuing a Notice of Intent and a Statement of Intent to find the amended goals, objectives,
and policies in Table 1 not In Compliance.
With respect to the remaining amendments adopted by Ordinance Number 13043, the
Department's Notice of Intent to find these plan amendments In Compliance shall be deemed to be a final
order if no timely petition challenging the amendments is fled. Any affected person may file a petition
2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FL 32399-2100
850-488-8466 (p) • 850-921-0781 (f) • Website: www dca.state tl.us
• COMMUNITY PLANNING 85G-468-2256 (C) BS;-488-33G9 (n ♦ FLORIDA COMMUNITIES TRUST 65C-922-2207 p) 850-521-1747 jt) •
• HOUSING AND COMMUNITY DEVELOPMENT 850-48e-7456 (p) 85C-922-5623 (rj •
The Honorable Manuel A. Diaz
January 6, 2009
Page 2
with the agency within 21 days after the publication of the Notice of Intent pursuant to Section
163.3E 84(9), Florida Statutes. No development orders, or permits for a development, dependent on the
amendment may be issued or commence before the plan amendment takes effect. In addition. the Notice
of Intent and the Statement of Intent will be forwarded to the Division of Administrative Hearings for the
scheduling of an administrative hearing pursuant to Section 120.57, Florida Statutes.
Please note that a copy of the adopted City of Miami 08-1 ER comprehensive plan amendments,
the Statement of Intent, and the Notice of Intent must be available for public inspection Monday through
Friday, except for legal holidays, during normal business hours, at the City of Miami City Hall, 3500 Pan
American Drive, Miami, Florida 33133. In addition, Section 163.3184(8)(c)2, Florida Statutes, requires a
local government that has an Internet site to post a copy of the Department's Notice of Intent on the site
within 5 days after receipt of the mailed copy of the agency's Notice of Intent.
If an affected person challenges the In Compliance portion of the Notice of Intent, you will have
the option of mediation pursuant to Subsection 163.3189(3)(a), Florida Statutes. If you choose to attempt
to resolve this matter through mediation, you must file the request for mediation with the administrative
law judge assigned by the Division of Administrative Hearings. The choice of mediation will not affect
the right of any party to an administrative hearing.
Finally, the following comment regarding the requirement for the City to adopt a water supply
plan is offered for clarification, and not as a compliance issue. Objection E.1 in the Department's
Objections, Recommendations, and Comments Report noted that The amended goals, objectives, and
policies do not require the City to adopt a 10-year water supply facilities work plan." The City
adequately responded to Objection E.1. However, the City's proposed text provides for the Plan to be
adopted by August 15, 2008, and if not, as soon as possible before the end of the calendar year, 2008".
The quoted text should be deleted for clarity at the City's next amendment cycle. Also, the City's data
and analysis in Appendix II (see un-numbered page 7) seems to infer that the requirement to complete a
water supply plan does not apply to the City. The requirement to adopt a water supply plan does apply to
the City.
If you have any questions, please contact Bill Pable, AICP, at (850) 922-1781 for assistance.
Sincerely
j/11
Mike McDaniel, Chief
Office of Comprehensive Planning
MDMibp
Enclosures: Notice of Intent
Statement of Intent
cc: Ms. Ana Gelabert-Sanchez, Planning Director, City of Miami
Ms. Carolyn A. Dekle, Executive Director, South Florida Regional Planning Council
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
EN RE: CITY OF MIAMI COMPREHENSIVE
PLAN AMENDMENT 08-1ER; ORDINANCE
NUMBER 13043 AMENDING THE FUTURE
LAND USE ELEMENT AND THE MIAMI
RIVER SUB -ELEMENT
Docket No. 08-1 ER-NOI-1315-(A)-(N)
STATEMENT OF INTENT TO FIND
COMPREHENSIVE PLAN AMENDMENTS
NOT IN COMPLIANCE -
The Florida Department of Community Affairs, pursuant to Rule 9J-11.012(6), Florida Administrative
Code, hereby issues this Statement of Intent regarding the specific Goals, Objectives, and Policies
(GOPs) of the City of Miami 08-1ER amendments identified below.
• GoaI PA-3 • Objective PA-3.3, and,Policy PA-3.3.1
• Objective PA-3.1, and Policies PA-3.1.1 to ■ Objective PA-3.4, and Policies PA-3.4.1 to
3.1.9 3.4.4
• Objective PA-3.2, and Policy PA-3.2.1 • Policy LU-1.4.10
The specific GOPs identified above were part of the Comprehensive PIan amendment adopted by the
City of Miami in Ordinance Number 13043 on November 13, 2008, which is known as Miami 08- I ER.
The Department finds the above cited GOPs Not In Compliance, based upon the Objections,
Recommendations, and Comments Report issued by the Department on July 18, 2008, which is hereby
incorporated by reference, as defined in Section 163.3184(1)(b), Florida Statutes. The Department
finds that these Comprehensive Plan amendments are Not In Compliance because they are not
consistent with Chapter 163, Part II, Florida Statutes, the State Comprehensive Plan, Rule 9J-5,
Florida Administrative Code, and the Strategic Regional Policy Plan Jor South Florida for the
following reasons:
I. INCONSISTENT PROVISIONS
The City's revised Goals, Objectives, and Policies fail to include strategies that will be used to
preserve recreational and commercial working waterfronts as required by Section 163.3178(2)(g),
F.S., for the following reasons:
A. Lack of meaningful and predictable standards undermines commercial working waterfront
uses. The City's amended goals, objectives, and policies do not establish meaningful and
predictable standards for the use and development of land and provide meaningful guidelines
for the content of more detailed Iand development regulations related to preserving the
recreational and working waterfront of the Miami River. Without meaningful and predictable
strategies establishing a comprehensive plan to guide and control development along the Miami
River, the commercial working uses of the waterfront are vulnerable because of the potential
for the creation of incompatible land use patterns and piecemeal displacement by residential
uses.
B. Not based on data and analysis. The City's amended goals, objectives. and policies are not
based on data and analysis in support of the required strategies that will be used to preserve
commercial working waterfronts. The City provided a report from Lambert Advisory (i.e. the
Lambert Report). The data and analysis focuses on market viability versus strategies, and some
of the conclusions regarding market viability are questionable because they are based on faulty
or incomplete data. Furthermore, the ORC Report noted that the data and analysis must include
the information identified in the accompanying citations. However, the data and analysis does
not fully respond to the requirements in the referenced Florida Statutes, Florida Administrative
Code, and State Comprehensive Plan.
C. Not consistent with EAR. The City's amended goals, objectives, and policies are inconsistent
with the City's Evaluation and Appraisal Report (EAR). Page 2 of the City's EAR notes that
one of the major issues is '`the need for, and impacts of, equitable redevelopment and
development". The EAR text places great importance on economic development, but the EAR
based amendments related to the Port of Miami River Sub -Element are inconsistent with the
noted major issue. The City provided the Lambert Report in response to this issue. However,
the Lambert Report does not include data and analysis which explains how the continued loss
of commercial working waterfront uses is consistent with the major issue identified in the EAR.
The Lambert Report provides a market analysis of the viability of working versus non -working
waterfront uses, but it does not adequately address the preservation of working waterfronts.
Furthermore, while the Lambert Report advocates converting various working waterfront sites
into non -working waterfront uses, it offers no analysis of how residential projects act as an
ongoing stimulus to job creation and economic development. Therefore, the inconsistency
between the Goals, Objectives, and Policies and the Evaluation and Appraisal Report is not
resolved.
D. Not internally consistent. The City's amended goals, objectives, and policies are inconsistent
with the City's Comprehensive Plan. Goal CM-2 notes that the City commits to "...preserving
traditional water -dependent and water -related uses...and minimizing user conflicts." The most
recent amended version of Goal PA-3 reads as follows: "Development along the Miami River
(hereinafter the River) shall continue to provide for water -dependent, water -related
commercial, industrial, and recreational uses along the River and provide for residential and
mixed use development, while acknowledging the presence of the waterfront industrial district
along the River." The amended version of Goal PA-3 (and its associated Policies) does not
preserve traditional water -dependent and water -related uses, and does not minimize user
conflicts.
E. Intergovernmental coordination. The City's amended goals. objectives, and policies do not
show how the City will achieve consistent implementation of intergovernmental coordination
among the governmental entities that have planning responsibilities related to the Miami River.
Intergovernmental coordination will occur in a policy vacuum since there are no strategies to
preserve commercial working waterfronts. Also, the goals, objectives, and policies fail to
indicate how the coordination will be implemented in a consistent manner.
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F. Compatibility. The City's amended goals, objectives, and policies do not ensure compatibility
and suitability of uses along the Miami River. Compatibility and suitability should be
addressed as part of the strategies to preserve recreational and commercial working waterfronts.
However, the amendment provides no assurance that residential development would not occur
along the River in a piecemeal manner and create incompatible land uses. The City has not
adequately ensured compatibility and suitability of uses along the Miami River because action
is generally deferred to the Land Development Regulations, and it focuses primarily on
recreational waterfronts.
II. RULE AND STATUTORY PROVISIONS
The Department specifically finds these Comprehensive Plan amendments are inconsistent with the
following rule and statutory provisions (citations are provided for each of the above five sections):
Section LA: Rules 9J-5.005(2)(6), Florida Administrative Code, and Sections 163.3177(6)(a)
and 163.3178(2)(g), Florida Statutes.
Section I.B: Rules 9J-5.005(2), 9J-5.012(2)(a)(h), Florida Administrative Code; and Sections
163.3177(1), 163.3177(6)(a), and. 163.3178(2)(b)(g), Florida Statutes.
Section LC: Rule 9J-5.012(2)(a), Florida Administrative Code; and Sections 163.3177(1)(6)(a),
163.3178(2)(g), 163.3191(10), Florida Statutes.
Section I.D: Rule 9J-5.005(5), 9J-5.012(2)(a), Florida Administrative Code; and Sections
163.3177(1)(2)(6)(a), 163.3178(2)(g), 163.3187(2), Florida Statutes.
Section 1.E: Rules 9J-5.012(3)(c)14, 9J-5.015(3)(c)6, Florida Administrative Code; and Sections
163.3177(4) and (6)(a)(h), 163.3178(2)(g), Florida Statutes.
Section I.F: Rules 9J-5.003(23), 9J-5.003(128), 9J-5.006(3)(c)1-2, 9J-5.012(3)(c)9, and 9J-
5,019(4)(c)21, Florida Administrative Code; and Sections 163.3177(6)(a) and
163.3178(2)(g), Florida Statutes.
III. RECOMMENDED REMEDIAL ACTIONS
A. The above inconsistencies identified in Section "I" may be remedied by taking the actions
listed below. The recommended remedial 'actions are summarized by the six areas of
compliance in Sections I.A through I.F above.
1. Section I.A. Adopt policies to ensure that the recreational and commercial working
waterfronts are preserved, which could include the following:
a. The establishment of a Waterfront Overlay on the Future Land Use Map (FLUM),
which includes policies to guide the location of uses and assure the preservation of
commercial working waterfront uses.
3
b. An assessment of the required number of acres of working and recreational waterfronts
required to maintain their viability. and accompanying policies to ensure that land use
amendments will not be considered that would encroach on that total.
c. The adoption of a "no net loss" standard for commercial working waterfront uses along
the Miami River.
d. Identification of a limited number of specific sites that might be considered for
conversion to non -working waterfront uses in the future, in order to preserve the
remaining parcels for working waterfront uses.
e. A City funded financial assistance program to assist displaced working waterfront uses
to relocate to other areas of the River if they are displaced by redevelopment.
f. Creation of a marina public access requirement so that new private residential
developments on riverfront marina sites rent a minimum percentage of their slips which
are not leased to building residents on the open market.
2. Section I.B. Provide data and analysis in support of the strategies noted above in LA that
will be used to preserve commercial working waterfronts.
3. Section I.C. The remedial actions listed in LA and LB resolve this concern.
4. Section I.D. The remedial actions listed in LA and I.B resolve this concern.
5. Section I.E. Adopt policies to indicate how the coordination will be implemented in a
consistent manner. Such strategies might include joint planning area agreements and
coordinated planning and economic development efforts to ensure the future growth and
development of working waterfronts along the Miami River.
6. Section I.F. Adopt policies to ensure compatibility and suitability of uses along the Miami
River, which could include the following:
a. Specific setbacks for all uses within the waterfront overlay referenced above in
111.A. l .a.
b. A determination of which uses are not compatible to be located next to each other due
to visual impacts, noise impacts, dust, or fumes (i.e., diesel repair next to residential).
c. Design criteria which would orient potential residential uses in a manner to minimize
impacts through acoustic materials, site design, or other measures.
d. Require that the hours of operation of contiguous waterfront uses be taken into
consideration when considering potential FLUM amendments to convert sites to
residential use, and that the hours and nature of the working waterfront operation be a
basis for denial of the conversion of the contiguous site to residential use.
e. An assessment of whether a FLUM amendment to convert a working waterfront site to
a residential use can be served by necessary public infrastructure.
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IV. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN
A. Inconsistent provisions. The inconsistent provisions of the plan amendment under this subject
heading are listed below. The Comprehensive Plan amendment is inconsistent with the State
Comprehensive Plan goals and policies set forth in Section 187.201, Florida Statutes, including
the following provisions:
1. Transportation. The amendment is inconsistent with the Goal set forth in Paragraph
187.201(19)(a), Florida Statutes, and the Policy set forth in Subparagraphs
187.201(19)(b)5, Florida Statutes; and
2. The Economy. The amendment is inconsistent with the Goal set forth in Paragraph
187.201(21)(a), Florida Statutes. and the Policies set forth in Subparagraphs
187.201(21)(b) 1, 4, and 12. Florida Statutes; and
3. Agriculture. The amendment is inconsistent with the Goal set forth in Paragraph
187.201(22)(a), Florida Statutes, and the Policy set forth in Subparagraph
187.201(22)(b)12, Florida Statutes; and
4. Employment. The amendment is inconsistent with the Goal set forth in Paragraph
187.201(24)(a), Florida Statutes, and the Policy set forth in Subparagraph 187.201(24)(b)4,
Florida Statutes; and
5. Plan Implementation. The amendment is inconsistent with the Goal set forth in Paragraph
187.201(25)(a), Florida Statutes, and the Policies set forth in Subparagraph 187.201(25)(b)
7, 8. Florida Statutes.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Comprehensive Plan amendment as described above in Section III.
V. CONSISTENCY WITH SOUTH FLORIDA STRATEGIC REGIONAL POLICY PLAN
A. Inconsistent provisions. The inconsistent provisions under this subject heading are as follows:
I. GoaI 2, related to increasing employment opportunities and supporting the creation of jobs
with better pay and benefits for the Region's workforce, of the Strategic Regional Policy
Plan.
2. Goal 8, and Policy 8.3, related to enhancing the Region's mobility and to planning land use
in and around seaports to minimize unnecessary conflicts and costs, of the Strategic
Regional Policy Plan.
3. Goal 17, and Policies 17.7 and 17.10, related to maintaining a competitive economy,
diversifying the economic base, and protecting marine related industries through innovative
comprehensive planning and zoning regulations, of the Strategic Regional Policy Plan.
5
4. Goal 20, and Policies 20.10 and 20.11, related to achieving long-term efficient and
sustainable development, enhancing the roles of seaports in economic development, and
supporting the movement of freight and goods, of the Strategic Regional Policy Plan.
B. Recommended remedial action. These inconsistencies may be remedied by revising the
Comprehensive Plan amendment as described above in Section III.
CONCLUSIONS
I. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives,
and Policies are not consistent with the State Comprehensive Plan.
2. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives,
and Policies are not consistent with Chapter 9J-5, Florida Administrative Code.
3. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives,
and Policies are not consistent with the requirements of Chapter I63, Part II, Florida Statutes.
4. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives,
and Policies are not consistent with the South Florida Strategic Regional Policy Plan.
5. The Comprehensive Plan amendments identified herein for the specific Goals, Objectives,
and Policies are not "in compliance," as defined in Section 163.3184(1)(b) Florida Statutes.
6. En order to bring the Comprehensive Plan amendments for the specific Goals, Objectives, and
Policies into compliance, the County may complete the recommended remedial actions described
above or adopt other remedial actions that eliminate the inconsistencies.
Executed this b day of January 2009, at Tallahassee, Florida.
Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
6
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
NOTICE OF INTENT TO FIND THE CITY OF MIAMI COMPREHENSIVE PLAN AMENDMENTS,
GOAL PA-3, OBJECTIVE PA-3.1, AND POLICIES PA-3.1.1 THROUGH 3.1.9, OBJECTIVE PA-3.2
AND POLICY PA-3.2.1, OBJECTIVE PA-3.3 AND POLICY PA-3.3.1, OBJECTIVE PA-3.4 AND
POLICIES PA-3.4.1 THROUGH 3.4.4 AND POLICY LU-1.4.10, ADOPTED BY ORDINANCE NO.
13043 ON NOVEMBER 13, 2008, NOT IN COMPLIANCE,
AND THE REMAINING AMENDMENTS ADOPTED PURSUANT TO ORDINANCE 13043,
IN COMPLIANCE
DOCKET NO. 08- I ER-NOI-1315-(A)-(N)
The Department gives notice of its intent to find the City of Miami Comprehensive Plan Amend-
ments, Goal PA-3, Objective PA-3.1, and Policies PA-3.1.1 through 3.1.9, Objective PA-3.2 and Policy PA-
3.2.1, Objective PA-3.3 and Policy PA-3.3.1, Objective PA-3.4 and Policies PA-3.4.1 through 3.4.4 and
Policy LU-1.4.10, adopted by Ordinance No. 13043 on November 13, 2008, NOT IN COMPLIANCE, and
the remaining amendments adopted by Ordinance No.13043, IN COMPLIANCE, pursuant to Sections
163.3184, 163.3187 and 163.3189, F.S.
The adopted City of Miami Comprehensive Plan Amendments, the Department's Objections, Recom-
mendations, and Comments Report (if any), and the Department's Statement of Intent to find the Comprehen-
sive Plan Amendments Not In Compliance will be available for public inspection Monday through Friday,
except for legal holidays, during normal business hours, at City of Miami Planning Department, 444 S.W. 2'
Avenue, 3'a Floor, Miami, Florida 33130.
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an admin-
istrative hearing to challenge the proposed agency determination that the above referenced amendments to
the City of Miami Comprehensive Plan are In Compliance, as defined in Subsection 163.3184(1), F.S. The
petition must be filed within twenty-one (21) days after publication of this notice; a copy must be mailed or
delivered to the local government and must include all of the information and contents described in Uniform
Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community
Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100. Failure to timely file a petition
shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections
120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present
evidence and testimony and forward a recommended order to the Department. If no petition is filed, this
Notice of Intent shall become final agency action.
This Notice of Intent and the Statement of Intent for those amendments found Not In Compliance
will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Department of
Management Services for the scheduling of an Administrative Hearing pursuant to Sections 120.569 and
120.57, F.S. The purpose of the administrative hearing will be to present evidence and testimony on the
noncompliance issues alleged by the Department in its Objections, Recommendations, and Comments Re-
port and Statement of intent in order to secure a recommended order for forwarding to the Administration
Commission.
Affected persons may petition to intervene in either proceeding referenced above. A petition for
intervention must be filed at least twenty (20) days before the final hearing and must include all of the infor-
mation and contents described in Uniform Rule 28-106.205, P.A.C. Pursuant to Section 163.3184(10), F.S.,
no new issues may be alleged as a reason to find a plan amendment not in compliance in a petition to inter-
vene filed more than twenty one (21) days after publication of this notice unless the petitioner establishes
good cause for not alleging such new issues within the twenty one (21) day time period. The petition for
intervention shall be fled at DOAH, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, and a
copy mailed or delivered to the local government and the Department Failure to petition to intervene within
the allowed time frame constitutes a waiver of any right such a person has to request a hearing pursuant to
Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing.
After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection
163.3189(3Xa), F.S., to any affected person who is made a party to the proceeding by filing that request with
the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation
shall not affect a parry's right to an administrative hearing
Charles Gauthier, AICP, Director
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100