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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 3698 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM A CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager on behalf of the City of Miami PURPOSE: To update the Miami Comprehensive Neighborhood Plan (MCNP) to provide a new density transfer program that supports the preservation and restoration of historically designated site. This update to the MCNP will support land development regulations that allow for a density increase of up to fifty percent (50%) for projects within Transit Oriented Development (TOD) areas that purchase unused residential density from historically designated sites and certain non-contributing resources. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on January 17, 2018, by a vote of 8 — O. City of Miami File ID: 3698 (Revision: A) Printed On: 7/18/2018 City of Miami Legislation Ordinance Enactment Number:13782 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 3698 Final Action Date: 7/26/2018 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN TRANSIT ORIENTED DEVELOPMENT AREAS UP TO FIFTY PERCENT (50%) WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM A CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-CONTRIBUTING RESOURCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted by the City Commission by Ordinance No. 10544 on February 9, 1989; and WHEREAS, conditions have required that the City amend the MCNP from time to time pursuant to Expedited State Review, State Coordinated Review, and Small -Scale Amendment processes as established in Section 163.3184, Florida Statutes, depending on circumstances; and WHEREAS, the MCNP guides existing and future development; evaluates how the City of Miami ("City") meets the needs of existing and future residents, visitors, and development; and provides a "master plan" that the City considers when making development decisions; and WHEREAS, pursuant to Rule Chapter 73C-49 of the Florida Administrative Code, the City should regularly update its MCNP to reflect changes in local conditions; and WHEREAS, given that growth and change can affect every aspect of the City, it is imperative that the MCNP address various aspects of the community's future; and WHEREAS, the Future Land Use Element within the MCNP should be amended to allow for density to be transferred from historically designated sites to receiving sites within a Transit Oriented Development ("TOD"); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on January 17, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-004 by a vote of eight to zero (8-0), Item No. PZAB.5, recommending approval of an ordinance amending the MCNP to allow for density to be transferred from historically designated sites and certain non-contributing resources to certain receiving sites within a TOD; and WHEREAS, this amendment would allow certain receiving sites within a TOD to increase their allowable density up to 50% through this transfer; and City of Miami File ID: 3698 (Revision: A) Printed On: 11/5/2018 WHEREAS, this amendment will continue to support policies to promote the preservation of historic sites within the City as well as promote increased density within close proximity to rapid transit stations; and WHEREAS, affordable housing is a significant issue affecting the residents of the City; and WHEREAS, historically designated sites owned by the City may be permitted to transfer density at no cost or at a discounted rate for the purposes of producing affordable housing; and WHEREAS, a study by the New York University Furman Center, a copy of which is provided as Exhibit "A," attached and incorporated, shows that the City is the least affordable to the median renter of the eleven (11) metropolitan areas studied; and WHEREAS, the City, embracing the tenets of New Urbanism and Smart Growth, has established Residential Density Increase overlays in the urban core where mixed -use development is encouraged and transit exists; and WHEREAS, the City is among the 100 Resilient Cities, a Rockefeller Foundation program dedicated to helping cities become more resilient to physical, social, and economic challenges of the 21 st Century; and WHEREAS, equitable distribution of decent affordable housing has been recognized as a fundamental element of a Resilient City by Oakland, California's Resilience Strategy, provided as Exhibit "B," attached and incorporated; and WHEREAS, a recent RAND report shows that mixed -income developments offer an opportunity for people with low income access to low -poverty neighborhoods and better performing schools; and WHEREAS, the City wishes to encourage increased density and infill development around fixed rail transit stations; 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 and its inhabitants that the MCNP be amended 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance 10544, as amended, the MCNP, should be revised by amending the text of the Policies of said Ordinance as follows:1 CC* * FUTURE LAND USE 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanaed material. City of Miami File ID: 3698 (Revision: A) Printed On: 11/5/2018 Goal LU-2: Preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. (See Coastal Management Goal CM-5.) Objective LU-2.3: Encourage the preservation of all historic, architectural, and archaeological resources that have major significance to the city by continuing to increase the number of nationally and locally designated sites for the period 2008-2013. Policy LU-2.3.3: The City will encourage future historic designations through the implementation of a program permitting historically designated sites or certain non-contributing resources to transfer unused residential density to certain properties within a 3/4 mile of a rapid transit station, using revenue from the transfer for rehabilitation and maintenance of the historic site. *„ Section 3. The MCNP text change is recommended due to changed or changing conditions. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately upon its adoption.2 APPROVED AS TO FORM AND CORRECTNESS: "ndez, City Attor ey 3/12/2018 ndez, City ttor ey 7/16/2018 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 3698 (Revision: A) Printed On: 11/5/2018