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Home My WebLink AboutSubmittals at 09-07-16 PZAB Mtng9/i12016 Statutes & Constitution :View Statutes Online Sunshine re, 6: or -Cc - 171) 4* Select Year: 2016 11 Go The 201.6 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL INTERGOVERNMENTAL Chapter RELATIONS PROGRAMS 163.3215 Standing to enforce local comprehensive plans through development orders.— (1) Subsections (3) and (4) provide the exclusive methods for an aggrieved or adversely affected party to appeal and challenge the consistency of a development order with a comprehensive plan adopted under this part. The local government that issues the development order is to be named as a respondent in all proceedings under this section. Subsection (3) shall not apply to development orders for which a local government has established a process consistent with the requirements of subsection (4). A local government may decide which types of development orders will proceed under subsection (4). Subsection (3) shall apply to all other development orders that are not subject to subsection (4). (2) As used in this section, the term "aggrieved or adversely affected party" means any person or local government that will suffer an adverse effect to an interest protected or furthered by the local government comprehensive plan, including interests related to health and safety, police and fire protection service systems, densities or intensities of development, transportation facilities, health care facilities, equipment or services, and environmental or natural resources. The alleged adverse interest may be shared in common with other members of the community at large but must exceed in degree the general interest in community good shared by all persons. The term includes the owner, developer, or applicant for a development order. (3) Any aggrieved or adversely affected party may maintain a de novo action for declaratory, injunctive, or other relief against any local government to challenge any decision of such local government granting or denying an application for, or to prevent such local government from taking any action on, a development order, as defined in s. 163.3164, which materially alters the use or density or intensity of use on a particular piece of property which is not consistent with the comprehensive plan adopted under this part, The de novo action must be filed no later than 30 days following rendition of a development order or other written decision, or when all local administrative appeals, if any, are exhausted, whichever occurs later. (4) If a local government elects to adopt or has adopted an ordinance establishing, at a minimum, the requirements listed in this subsection, the sole method by which an aggrieved and adversely affected party may challenge any decision of local government granting or denying an application for a development order, as defined in s, 163.3164, which materially alters the use or density or intensity of use on a particular piece of property, on the basis that it is not consistent with the comprehensive plan adopted under this part, is by an appeal filed by a petition for writ of certiorari filed in circuit court no later than 30 days following rendition of a development order or other written decision of the local government, or when all local administrative appeals, if any, are exhausted, whichever occurs later. An action for injunctive or other relief may be joined with the petition for certiorari. Principles of judicial or administrative res judicata and collateral estoppel apply to these proceedings. Minimum components of the local process are as follows: (a) The local process must make provision for notice of an application for a development order that materially alters the use or density or intensity of use on a particular piece of property, including notice by publication or mailed notice consistent with the provisions of ss, 125.66(4)(b)2. and 3. and 166.041(3)(c)2.b. and c., and must require prominent posting at the job site. The notice must be given within 10 days after the filing of an application for a development order; however, notice under this subsection is not required for an application for a building http://www.legstote.11.us/Statutes/index,ei'm3Aph_mode=l0isplay_Statute&Search_String•&URL=0100-0199/0163/Sections/0163 321 S,httnl 1/3 1I? sty.- 121e4/e ve, 4/ FUTURE LAND USE Goal LU-1: Maintain a kd use pattern that (1) protects nd enhances the quality of life in the City's neighborhoods throu h co uni lan in , (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and diversification, and the growth of job opportunities n warkfor develo meat 2.11116i in the city; (4) fosters the growth and developme owntown as a regional center of domestic and International commerce, culture .x en a inment; (5) promotes the efficient use of land and minimizes land use conf ,hile p a;tecting and preserving residential sections within neighborhoods; (6) prof- a d� s es the ci significant natural and coastal resources; and-(7) protects t in �� rift' a quality City's existing neighborhoods by insuring public n• e, g`f 't appella regarding changes in existing zoning and land use :rions:+� 6 discou roHferation of urban sprawl$ per Ch163.3177i Objective LU-1.1: Ensure that land and fostering a high quality of life in facilities that meet or exceed the rr the Capital Improvements Elemen Plan. Policy LU-1.1.1: Deve that results in upon the avail standar adopte pot water, park an a s provided to me vements Eam ervices and facili Board and Ioal nt to pare ent regulation _ onajtent with uding the ti f public el service LO •dopted in e Miami e e Neighborhood ers author' e density Ilc facilities) n the CIE, sped al and recre new de lent or redevelopment of land use shall be contingent or exceed the minimum LOS sewer, solid waste, stormwater, ation facilities. The public services quirements shall be consistent with the uaranteed in an enforceable agreement. The public schools when the Miami -Dade County is in the county implement school concurrency ...........____._. )(i), F.S Planning Department, with the assistance of various City encies, will (1) continuously monitor land development activities to with the adopted 2020 Future Land Use Map (contained in f the MCNP including FLUM, Weilfield Protection Area, Wetlands and aps as amended from time to time) and the goals, objectives, and e Future Land Use element of the MCNP; (2) monitor all proposed ents to land development regulations to ensure consistency with the MCNP d will forward its recommendation on such amendments to the Planning Advisory nlnr„and Agog Board and to the City Commission; (3) continuously monitor the current and projected LOS standards provided by public facilities; and (4) will perform the required concurrency review of proposed development, as required by Florida Statutes and administrative rules, Miami Comprehensive Neighborhood Plan Goals Objectives Policies October 2015 1 Requested Comprehensive Plan Amendments PZAB Wednesday, September 7, 2016 Elvis Cruz 631 NE 57 Street Miami, Florida 33137 (305) 754-1420 ElvisCruz@mac.com First request: Strike the proposed modification of Goal LU-1, "through community planning" Second and third requests: Note that the city requires maintaining low density uses in west Flagami: Policy LU-1,1.9, The City will maintain low to moderate density uses in the West Flagami area of the city... Using that same authority to maintain low density in a neighborhood, and to Maintain a land use pattern that protects and enhances the quality of life in the City's neighborhoods, here are two requested Comp Plan amendments: The City will maintain the current low density uses in its low -density residential single family and duplex (T3) neighborhoods and protect them from intrusive up -zonings or incompatible uses, Incompatible uses includeparking facilities or any structure higher than two stories. Any transitions created between arterial streets corridors and abutting low -density residential single family and duplex (T3) neighborhoods shall be accomplished by downzoning the property along the corridor to T4, and not by up -zoning the residential T3 property. Forth request; Regarding Historic Preservation, there is nothing in the Comp Plan that gives historic preservation any enforceable teeth. Here is a requested amendment: historically designated properties and districts shall be protected from any structural or zoning changes which adversely affect their historic, architectural, or aesthetic character. Historic properties or districts shall not be up -zoned.