HomeMy WebLinkAboutO-13782City of Miami
Ordinance 13782
Legislation
City Hall
3500 Pan American 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.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner
Joe Carollo
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
City of Miami
Page 1 of 3 File ID: 3698 (Revision: A) Printed On: 4/3/2025
Withdrawn 5/27/2021 by the City of Miami's Planning Department
File ID: 3698 Enactment Number: 13782
WHEREAS, this amendment would allow certain receiving sites within a TOD to
increase their allowable density up to 50% through this transfer; and
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 21st 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
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
unchanged material.
City of Miami Page 2 of 3 File ID: 3698 (Revision: A) Printed on: 4/3/2025
File ID: 3698 Enactment Number: 13782
CC*
FUTURE LAND USE
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 Attar ey 3/12/2018
ndez, City Attor
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 Page 3 of 3 File ID: 3698 (Revision: A) Printed on: 4/3/2025