Loading...
HomeMy WebLinkAboutLegislation-SUBCity of Miami Ordinance 14218 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13965 Final Action Date: 10/12/2023 SPONSOR(S): City Commission AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE "INTERPRETATION OF THE 2020 FUTURE LAND USE MAP" FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO CLARIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FIN INt ,S; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN 7 EFFECTIVE DATE. ` cnt --I _.{ Po WHEREAS, the MCNP was adopted on February 9, 1989, by Ordinance No. 10544, pursuant to Chapter 163, Florida Statutes; and '"'� tv WHEREAS, the MCNP includes the City of Miami's ("City") 2020 Future Land Uss,MalP ("FLUM") and the "Interpretation of the 2020 Future Land Use Map," which generally descFibes uses allowed in each Future Land Use Designation contained within the FLUM; and Clrn n --o WHEREAS, nine percent (9%) of the land within the City is designated as "Major Institutional, Public Facilities, Transportation and Utilities" on the FLUM, making this designation the fourth (4th) largest designation out of fifteen (15) and comprises 2,105 acres of land within the City; and WHEREAS, restricting or limiting residential uses from this FLUM designation can increase automobile dependency, promote sprawl, and decrease the efficient use of land unnecessarily; and WHEREAS, the "Major Institutional, Public Facilities, Transportation and Utilities" FLUM designation allows nonresidential uses; and WHEREAS, the corresponding zoning designations for "Major Institutional, Public Facilities, Transportation and Utilities" FLUM designation are Civic Institutional ("CI") and Civic Institutional — Health District ("CI -HD"); and WHEREAS, the land development regulations for CI -HD permit residential uses pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City's Planning Department wishes to clarify in the MCNP that residential uses are permissible in the "Major Institutional, Public Facilities, Transportation and Utilities" Future Land Use Designation; and City of Miami Page 1 of 4 File ID: 13965 (Revision: A) Printed On: 10/27/2023 0 0 F- z 0 co F- z WC U 0 0 ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. 139(vs be`yissvE File ID: 13965 Enactment Number: 14218 WHEREAS, the City Commission held a duly noticed public hearing; and WHEREAS, the City's Planning Department transmitted the proposed amendment to the following regulatory agencies required by Chapter 163, Florida Statutes, for the expeditl state review: i . Department of Economic Opportunity; tFF1 w Department of Environmental Protection; 0r^ n Fri Department of State; =-�`�-ii --+ "j Department of Transportation; cp -J ril South Florida Regional Planning Council; -tirrt - South Florida Water Management District; and " Miami -Dade County Department of Regulatory and Economic Res0Ar'les N Planning Division; and "- ° cn WHEREAS, all comments received by the agencies reflect no guidance for changing the proposed amendment; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 17, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-063 by a vote of seven to zero (7-0), Item No. 19, recommended approval of the proposed text change to the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the City Commission, after careful consideration of this matter, adopts the proposed MCNP amendment via the Expedited State Review process; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. The City Commission adopts the proposed amendment to the MCNP, pursuant to Expedited State Review procedures and subject to Section 163.3184(3), Florida Statutes, by making the amendments as described below:1 "Interpretation of the 2020 Future Land Use Map Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, and major transportation facilities and public utilities, and general commercial activities intended to serve the needs of the public. Residential facilities ancillary e these -uses are allowed up to a maximum density equivalent to "High Density Multifamily Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. 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 4 File ID: 13965 (Revision: A) Printed on: 10/27/2023 Lu File ID: 13965 Enactment Number. 14218 Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses such as commercial and office to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. 2023 OCT 27 PM 2: 54 * *1f Section 3. The City Commission finds that the MCNP amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184, -I Florida Statutes; mac) Involves a text change to the Interpretation of the 2020 FLUM; wId) Is one which is not located within an area of critical State concern as designated Ie=' by Section 380.0552, Florida Statutes, or by the Administration Commission ;- pursuant to Section 380.05(1), Florida Statutes; l'''� (e) Complies with the applicable density limitations set forth in the MCNP and Land Development Regulation Act, if applicable. Section 4. The City transmitted a copy of this proposed amendment to all required reviewing agencies after First Reading pursuant to Section 163.3184, Florida Statutes. Section 5. All comments received from the reviewing agencies, if any, were taken into consideration for any necessary revisions for Second Reading of this proposed amendment. Section 6. The City Manager is directed to transmit a copy of the adopted amendment along with supporting data and analysis to the State's Land Planning Agency and all agencies or local governments that provided timely comments after First Reading within ten (10) working days after Second Reading. Section 7. 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 8. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State's Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State's Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 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. THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Page 3 of 4 File ID: 13965 (Revision: A) Printed on: 10/27/2023 File ID: 13965 Enactment Number: 14218 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 4 of 4 File ID: 13965 (Revision: A) Printed on: 10/27/2023 18 g0 ,. City of Miami Legislation Ordinance Enactment Number City Hall 350$ 'an Arneican Drive iami, FL 33133 .miamigov.com File Number: 13965 final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION ITH ATTACHMENT(S), AMENDING ORDINANCE NO. 1►.44, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD ' LAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDIT. ' STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3) LORIDA STATUTES, BY AMENDING THE "INTERPRETATION OF TH• 020 FUTURE LAND USE MAP" FOR "MAJOR INSTITUTIONAL, PUB FACILITIES, TRANSPORTATION AND UTILITIES" TO ' A RIFY RESIDENTIAL USES WITHIN THIS FUTURE LAND USE DESI ATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUS AND PROVIDING FOR AN c?rn EFFECTIVE DATE. ��n n -a =a WHEREAS, the MCNP was adopted • February 9, 1989, by Ordinance Nortr; 10544, pursuant to Chapter 163, Florida Sttes; and y=4 Z- i J WHEREAS, the MCNP includes t City of Miami's ("City") 2020 Future Land JJse Jp ("FLUM") and the "Interpretation of the 420 Future Land Use Map," which generally describes uses allowed in each Future Land Us resignation contained within the FLUM; and WHEREAS, nine percent ( /o) of the land within the City is designated as "Major Institutional, Public Facilit , Transportation and Utilities" on the FLUM, making this designation the fourth (4th) larg .t designation out of fifteen (15) and comprises 2,105 acres of land within the City; and WHEREAS, restri increase automobile de unnecessarily; and g or limiting residential uses from this FLUM designation can dency, promote sprawl, and decrease the efficient use of land WHEREAS, e "Major Institutional, Public Facilities, Transportation and Utilities" FLUM designation allow onresidential uses; and WHERr S, the corresponding zoning designations for "Major Institutional, Public Facilities, Trsportation and Utilities" FLUM designation are Civic Institutional ("CI") and Civic Institutiona Health District ("CI -HD"); and EREAS, the land development regulations for CI -HD permit residential uses pursu - to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Mia ► , Florida, as amended ("Miami 21 Code"); and WHEREAS, the City's Planning Department wishes to clarify in the MCNP that sidential uses are permissible in the "Major Institutional, Public Facilities, Transportation and Utilities" Future Land Use Designation; and City of Miami File ID: 13965 (Revision:) Printed On: 10/2/2023 SUBSTITUTED WHEREAS, the City Commission held a duly noticed public hearing; an WHEREAS, the City's Planning Department transmitted the propose • .mendment to the following regulatory agencies required by Chapter 163, Florida Statutes, fo'' he expedited state review: Department of Economic Opportunity; ,c, Department of Environmental Protection; e.n ex: Department of State; CI -1 - Department of Transportation; CtJ U MIy-/ - South Florida Regional Planning Council; '—Q South Florida Water Management District; a ^I.Li� Miami -Dade County Department of Regul =c" Planning Division; and am' d EREAS, all comments received by the agenci d in rporated, reflect no guidance for changing the c''., Lt. -WHEREAS, the Planning, Zoning and Appe Board ("PZAB"), at its meeting on May 17, 2023, following an advertised public hearing, a• pted Resolution No. PZAB-R-23-063 by a vote of seven to zero (7-0), Item No. 19, recomm ded approval of the proposed text change to the Miami Comprehensive Neighborhood Plan ' CNP"); and ry and Economic Resources as provided in Exhibit "A," attached posed amendment; and WHEREAS, the City Commission, a careful consideration of this matter, adopts the proposed MCNP amen NOW, THEREFORE, BE IT OR MIAMI, FLORIDA: ent via the Expedited State Review process; INED BY THE CITY COMMISSION OF THE CITY OF Section 1. The recitals and ndings contained in the Preamble to this Ordinance are adopted by reference and incorp ted as if fully set forth in this Section. Section 2. The City C. mission adopts the proposed amendment to the MCNP, pursuant to Expedited State eview procedures and subject to Section 163.3184(3), Florida Statutes, by making the a ndments as described below:1 terpretation of the 2020 Future Land Use Map t t t Major Institutio' :I, Public Facilities, Transportation and Utilities: Areas designated as "Major Institutio ' I, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local gov ment activities, major public or private health, recreational, cultural, religious or educational : ctivities, and major transportation facilities and public utilities, and general commerciactivities intended to serve the needs of the public. Residential facilities ancillaFyto are allowed up to a maximum density equivalent to "High Density Multifamily Reside al" or if applicable the least intense abutting/adjacent residential zoning district, subject to the ame limiting conditions. 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 File ID: 13965 (Revision:) Printed On: 10/2/2023 0 ELI et. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses such as commercial and office to a maximum floor lot ratio (FLR) 6.0 times the net lot area of the subject property. Properties designated "Major Institutiona ublic Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maxium floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties desig ed "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Bu ess District allow a maximum FLR of 37.0 times the net lot area of the subject property. 2023 OCT 27 PM 2: 55 Section 3. The City Commission finds that the MCNP amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursua • to Section 163.3184, Florida Statutes; dig) Involves a text change to the Interpretation of "`) Is one which is not located within an area of `'' r by Section 380.0552, Florida Statutes, or b w j pursuant to Section 380.05(1), Florida St 5t e) Complies with the applicable density wc) Development Regulation Act, if appli : ble. c.3 G?_ Scdction 4. The City transmitted a copy this proposed amendment to all required reviewing agencies after First Reading purs t to Section 163.3184, Florida Statutes. 2020 FLUM; itical State concern as designated he Administration Commission tes; itations set forth in the MCNP and Land Section 5. All comments receive • rom the reviewing agencies, if any, were taken into consideration for any necessary revisio, for Second Reading of this proposed amendment. Section 6. The City Manag: is directed to transmit a copy of the adopted amendment along with supporting data and a ysis to the State's Land Planning Agency and all agencies or local governments that provi d timely comments after First Reading within ten (10) working days after Second Reading. Section 7. If any s tion, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared i .lid, the remaining provisions of this Ordinance shall not be affected. Section 8. P suant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall b • ome effective thirty-one (31) days after the State's Land Planning Agency notifies the City t- =t the plan amendment package is complete. If the amendment is timely challenged, thi mendment shall become effective on the date the State's Land Planning Agency or th= dministration Commission enters a final order determining this adopted amendmen o be in compliance.2 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: 13965 (Revision:) Printed On: 1012/2023 SUBSTITUTED APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor 7/17/2023 City of Miami File ID: 13965 (Revision:) Printed On: 10/2/2023 SUBSTITUTED