HomeMy WebLinkAboutO-13782City of Miami
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3500 Pan American Drive
Ordinance13782
Miami, FL 33133
www.miamigov.com
Legislation
Final Action Date:5/27/20215/27/20215/27/2021
File Number: 3698
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS,
AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE AMENDING ORDINANCE NO. 10544, THE MIAMI COMPREHENSIVE
NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, AS AMENDED
("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND USE ELEMENT OF THE ("MCNP"), BY ADDING A POLICY TO THE FUTURE LAND
USE ELEMENT OF THE
MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN MCNP TO ACCOMMODATE A RESIDENTIAL DENSITY INCREASE WITHIN
TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT (50%) TRANSIT ORIENTED DEVELOPMENT AREAS OF UP TO FIFTY PERCENT
(50%)
WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM WHEN NEW DEVELOPMENT TRANSFERS UNUSED DENSITY FROM
CONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NONCONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NONCONTRIBUTING HISTORICALLY DESIGNATED SITES AND CERTAIN NON-
CONTRIBUTING RESOURCES; MAKING FINDINGCONTRIBUTING RESOURCES; MAKING FINDINGCONTRIBUTING RESOURCES; MAKING FINDINGS; CONTAINING A SEVERABILITY S; CONTAINING A SEVERABILITY S; CONTAINING
A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner Mayor Francis X. Suarez, Commissioner Ken Russell, Commissioner Mayor Francis X. Suarez, Commissioner Ken
Russell, Commissioner
Joe Carollo
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami WHEREAS, pursuant to Chapter 163, Part II,
Florida Statutes, the Miami
via
Ordinance No. 10544 on February 9, 1989; andOrdinance No. 10544 on February 9, 1989; andOrdinance No. 10544 on February 9, 1989; and
WHEREAS, conditions have required that the City amend the MCNP from time to time WHEREAS, conditions have required that the City amend the MCNP from time to time WHEREAS, conditions
have required that the City amend the MCNP from time to time
pursuant to Expedited State Review, State Coordinated Review, and Smallpursuant to Expedited State Review, State Coordinated Review, and Smallpursuant to Expedited State Review, State
Coordinated Review, and Small-Scale Amendment
processes as established in Section 163.3184, Florida Statutes, depending on circumstances; processes as established in Section 163.3184, Florida Statutes, depending on circumstances;
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 WHEREAS, the MCNP guides existing and future development; evaluates how the City WHEREAS, the MCNP guides
existing and future development; evaluates how the City
WHEREAS, pursuant to Rule Chapter 73CWHEREAS, pursuant to Rule Chapter 73CWHEREAS, pursuant to Rule Chapter 73C-49 of the Florida Administrative Code, the
City should regularly update its MCNP to reflect changes in local conditions; andCity should regularly update its MCNP to reflect changes in local conditions; andCity 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 WHEREAS, given that growth and change can affect every aspect of the City, it is WHEREAS, given that
growth and change can affect every aspect of the City, it is
WHEREAS, the Future Land Use Element within the MCNP should be amended to allow WHEREAS, the Future Land Use Element within the MCNP should be amended to allow 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 for density to be transferred from historically designated sites to receiving sites
within a Transit for density to be transferred from historically designated sites to receiving sites within a Transit
WHEREAS, this proposed amendment would allow certain receiving sites within a TOD
to increase their allowable density to increase their allowable density to increase their allowable density byup to 50% through this transfer; and
City of MiamiPage 1of 5File ID: 3698(Revision: B) Printed On:5/20/2025
File ID: 3698Enactment Number:13782
WHEREAS, this proposed 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; WHEREAS, affordable housing is a significant issue affecting the residents of the City; 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 WHEREAS, historically designated sites owned by the City may be permitted to transfer 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; anddensity at no cost or at a discounted rate for the purposes of producing affordable housing;
anddensity 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 WHEREAS, a study by the New York University Furman Center, a copy of which is WHEREAS, a study by the New
York University Furman Center, a copy of which is
the median renter of the eleven (11) metropolitan areas studied; and
WHEREAS, the City, embracing the tenets of New Urbanism and Smart Growth, has WHEREAS, the City, embracing the tenets of New Urbanism and Smart Growth, has WHEREAS, the City, embracing
the tenets of New Urbanism and Smart Growth, has
established Residential Density Increase overlays in the urban core where mixedestablished Residential Density Increase overlays in the urban core where mixedestablished Residential
Density Increase overlays in the urban core where mixed---use use use
development is encouraged and transit exists; and
WHEREAS, the City is among the 100 Resilient Cities, a Rockefeller Foundation WHEREAS, the City is among the 100 Resilient Cities, a Rockefeller Foundation 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 program dedicated to helping cities become more resilient to physical, social, and economic
program dedicated to helping cities become more resilient to physical, social, and economic
st
challenges of the 21Century; and
WHEREAS, equitable distribution of decent affordable housing has been recognized as WHEREAS, equitable distribution of decent affordable housing has been recognized as WHEREAS, equitable
distribution of decent affordable housing has been recognized as
WHEREAS, a recent RAND report shows that mixedWHEREAS, a recent RAND report shows that mixedWHEREAS, a recent RAND report shows that mixed-income developments offer an
opportunity for people with low income access to lowopportunity for people with low income access to lowopportunity for people with low income access to low---poverty neighborhoods and
better poverty neighborhoods and better poverty neighborhoods and better
performing schools; and
17, 2018, following an advertised public hearing, adopted Resolution No. PZAB17, 2018, following an advertised public hearing, adopted Resolution No. PZAB17, 2018, following an advertised
public hearing, adopted Resolution No. PZAB-R-18-004 by a
vote of eight to zero (8vote of eight to zero (8vote of eight to zero (8---0), Item No. PZAB.5, recommending approval of 0), Item No. PZAB.5, recommending approval of 0), Item No. PZAB.5,
recommending approval of the proposed
amendment to the MCNP to allow for density to be transferred from historically designated sites the MCNP to allow for density to be transferred from historically designated sites the
MCNP to allow for density to be transferred from historically designated sites
and certain nonand certain nonand certain non---contributing resources to certain receiving sites within a TOD; andcontributing resources to certain receiving sites within a TOD; andcontributing
resources to certain receiving sites within a TOD; and
WHEREAS, this proposed WHEREAS, this proposed WHEREAS, this proposed amendment amendment amendment was heard at City Commission on June 28, 2018
andJuly 26, 2018; andJuly 26, 2018; andJuly 26, 2018; and
WHEREAS, text amendments to comprehensive plans in the State of Florida must WHEREAS, text amendments to comprehensive plans in the State of Florida must WHEREAS, text amendments to
comprehensive plans in the State of Florida must
comply with the Expedited State Review process pursuant to Section 163.3184, Florida comply with the Expedited State Review process pursuant to Section 163.3184, Florida comply with
the Expedited State Review process pursuant to Section 163.3184, Florida
Statutes, including transmitting the amendment to certain reviewing agencies after the first Statutes, including transmitting the amendment to certain reviewing agencies after the first
Statutes, including transmitting the amendment to certain reviewing agencies after the first
public hearing; andpublic hearing; andpublic hearing; and
WHEREAS, the proposed amendment was not transmitted to the reviewing agencies WHEREAS, the proposed amendment was not transmitted to the reviewing agencies WHEREAS, the proposed amendment
was not transmitted to the reviewing agencies
between the first and second public hearing; andbetween the first and second public hearing; andbetween the first and second public hearing; and
WHEREAS, the State Land Planning Agency recommended that the City bring the
proposed amendment to proposed amendment to proposed amendment to a third hearing for adoption to comply with the Expedited State Review
process; andprocess; andprocess; and
City of MiamiPage 2of 5File ID:3698(Revision:B) Printed on:5/20/2025
File ID: 3698Enactment Number:13782
WHEREAS, the City has twice extended the time needed to bring this item to adoption
since it commenced the Expedited State Review by notifying the State Land Planning Agency
on March 22, 2019 and on June 2, 2019, extending the deadline to adopt the amendment until
December 13, 2019, and both extensions have been acknowledged pursuant to Section 163,
Florida Statutes; and
WHEREAS, to bringthe proposed amendment into compliance with statutory
requirements, the City has transmitted the amendment to the appropriate reviewing agencies requirements, the City has transmitted the amendment to the appropriate reviewing agencies
requirements, the City has transmitted the amendment to the appropriate reviewing agencies
pursuant to Section 163.3184, Florida Statutes, including the Department of Economic pursuant to Section 163.3184, Florida Statutes, including the Department of Economic pursuant to
Section 163.3184, Florida Statutes, including the Department of Economic
Management District, Miami-Dade County, Department of Environmental Protection, Florida Dade County, Department of Environmental Protection, Florida Dade County, Department of Environmental
Protection, Florida
Department of Transportation (Region 6), Department of State, and Department of Education; Department of Transportation (Region 6), Department of State, and Department of Education;
Department of Transportation (Region 6), Department of State, and Department of Education;
and
WHEREAS, none of thereviewingagencies offered any comments that require agencies offered any comments that require agencies offered any comments that require
modification of theproposed amendment; and
WHEREAS, this final public hearing is being held to comply with the Expedited State WHEREAS, this final public hearing is being held to comply with the Expedited State WHEREAS, this
final public hearing is being held to comply with the Expedited State
Review process; and
WHEREAS, final adoption of this proposed amendment proposed amendment proposed amendment will require final transmittal in will require final transmittal in will require final transmittal
in
accordance with the Expedited State Review procedures; andaccordance with the Expedited State Review procedures; andaccordance with the Expedited State Review procedures; and
WHEREAS, the City wishes to encourage increased density and infill development WHEREAS, the City wishes to encourage increased density and infill development 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 WHEREAS, the City Commission, after careful consideration of this matter, deems it 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 advisable and in the best interest of the general welfare of the City and its inhabitants
that the 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; MCNP be amended as hereinafter set forth; MCNP be amended as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF 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 Section 1. The recitals and findings contained in the Preamble to this Ordinance are 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.adopted by reference and incorporated as if fully set forth in this Section.adopted by reference and incorporated
as if fully set forth in this Section.
Section 2. Section 2. Section 2. TTThe MCNPhe MCNPhe MCNPis is is revised by amending the text of the Policies of said Ordinance revised by amending the text of the Policies of said
Ordinance revised by amending the text of the Policies of said Ordinance
111
as follows:as follows:as follows:
* * *
FUTURE LAND USE
* * * *
Goal LUGoal LUGoal LU-2: Preserve and protect the heritage of the City of Miami through the
identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness
of identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of
Њ
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 MiamiPage 3of 5File ID:3698(Revision:B) Printed on:5/20/2025
File ID: 3698Enactment Number:13782
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 archaeological resources that have major significance to the city by continuing to increase
the 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 The City will encourage future historic designations through the The City will encourage future historic
designations through the
implementation of a program permitting historically designated sites or certain nonimplementation of a program permitting historically designated sites or certain nonimplementation of
a program permitting historically designated sites or certain non---contributing contributing contributing
resources to transfer unused residential density to certain properties within a ¾ mile of a rapid resources to transfer unused residential density to certain properties within a ¾ mile
of a rapid resources to transfer unused residential density to certain properties within a ¾ mile of a rapid
transit station, using revenue from the transfer for rehabilitation and maintenance of the historic transit station, using revenue from the transfer for rehabilitation and maintenance
of the historic transit station, using revenue from the transfer for rehabilitation and maintenance of the historic
site.
* * *
Section 3. It is found that this Comprehensive Plan text amendment:Section 3. It is found that this Comprehensive Plan text amendment:Section 3. It is found that this Comprehensive Plan
text amendment:
(a)Is necessary due to changed or changing conditions;Is necessary due to changed or changing conditions;Is necessary due to changed or changing conditions;
(b)Follows an Expedited State Review process pursuant to Section 163.3184(3), Florida Follows an Expedited State Review process pursuant to Section 163.3184(3), Florida Follows an Expedited
State Review process pursuant to Section 163.3184(3), Florida
Statutes;
(c)Is one which is not located within an area of critical state concern as designated by Is one which is not located within an area of critical state concern as designated by Is one
which is not located within an area of critical state concern as designated by
Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.0552,
Florida Statutes, or by the Administration Commission pursuant to
Section 380.05(1), Florida StatutesSection 380.05(1), Florida StatutesSection 380.05(1), Florida Statutes...
Section 4.The City Manager is directed to instruct the Director of the Planning The City Manager is directed to instruct the Director of the Planning The City Manager is directed to
instruct the Director of the Planning
Department to promptly transmit, within ten (10) working days after Second Reading, a copy of Department to promptly transmit, within ten (10) working days after Second Reading, a copy
of Department to promptly transmit, within ten (10) working days after Second Reading, a copy of
the adopted amendment along with supporting data and analysis to the State Land Planning the adopted amendment along with supporting data and analysis to the State Land Planning the
adopted amendment along with supporting data and analysis to the State Land Planning
Agencyandall all all appropriate reviewing appropriate reviewing appropriate reviewing agenciagenciagencies orlocal governments that provided timely
comments after First Readingcomments after First Readingcomments after First Readingpursuant to Section 163.3184, Florida Statutespursuant to Section 163.3184, Florida Statutespursuant
to Section 163.3184, Florida Statutes.
Section 5Section 5Section 5...If any section, part of a section, paragraph, clause, phrase, or word of this If any section, part of a section, paragraph, clause, phrase, or word of this
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.Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6.Section 6.Section 6.Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not Pursuant to
Section 163.3184, Florida Statutes, this Ordinance, if not
timely challenged, shall become effective thirtytimely challenged, shall become effective thirtytimely challenged, shall become effective thirty-one (31) days after the State Land Planning
AAAgency notifies the City that the plan amendment package is complete. If the amendment is gency notifies the City that the plan amendment package is complete. If the amendment is gency
notifies the City that the plan amendment package is complete. If the amendment is
LandPlanning
AAAgency or the Administration Commission enters a final order determining this adopted gency or the Administration Commission enters a final order determining this adopted gency or
the Administration Commission enters a final order determining this adopted
2
amendment to be in compliance.amendment to be in compliance.amendment to be in compliance.
Ћ
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City of MiamiPage 4of 5File ID:3698(Revision:B) Printed on:5/20/2025
File ID: 3698Enactment Number:13782
APPROVED AS TO FORM AND CORRECTNESS:
City of MiamiPage 5of 5File ID:3698(Revision:B) Printed on:5/20/2025