HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Todd B. Hannon, City Clerk u
FROM: Victoria Mendez, City Atton�i f2.6U
- riff -
DATE: October 24, 2023
RE: Ordinance No. 14218 — MCNP - Residential Uses within "Major Institutional,
Public Facilities, Transportation, & Utilities"
File No. 13965
At its October 12, 2023 meeting, the City Commission adopted the above -referenced
agenda item, PZ.4, amending the Miami Comprehensive Neighborhood Plan ("MCNP") to
clarify residential in the "Major Institutional, Public Facilities, Transportation and Utilities"
Future Land Use Designation. The item inadvertently printed with a superfluous reference to "With
Attachment(s)" in the title and a superfluous reference to Exhibit "A" in a whereas clause.
The Legislation has been corrected and incremented to Revision "A."
VM/ALK/vja
Enclosure(s)
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13965 Scr i v.erw,{'s Error McMa
City 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
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 FINDINGS;
CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE. :_z",r
`
SPONSOR(S): City Commission
WHEREAS, the MCNP was adopted on February 9, 1989, by Ordinance No.
10544, pursuant to Chapter 163, Florida Statutes; and
N
WHEREAS, the MCNP includes the City of Miami's ("City") 2020 Future Land Use'Mai'-�
("FLUM") and the "Interpretation of the 2020 Future Land Use Map," which generally describes
uses allowed in each Future Land Use Designation contained within the FLUM; and
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
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 expeditel state
review:
Department of Economic Opportunity; �' w
Department of Environmental Protection; c-)rn
c-)
Department of State;
Department of Transportation; �-
South Florida Regional Planning Council;
South Florida Water Management District; and "�'
Miami -Dade County Department of Regulatory and Economic ResOjnzes
Planning Division; and "' cs
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 to
these uccc 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
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.
*
*II
Section 3. The City Commission finds that the MCNP amendment:
(a) Is necessary due to changed or changing conditions;
s (b) Follows an Expedited State Review Process pursuant to Section 163.3184,
NFlorida Statutes;
Lt t roc) Involves a text change to the Interpretation of the 2020 FLUM;
>
�- w d) Is one which is not located within an area of critical State concern as designated
0.1 if by Section 380.0552, Florida Statutes, or by the Administration Commission
LU o� pursuant to Section 380.05(1), Florida Statutes;
o C.) (e) Complies with the applicable density limitations set forth in the MCNP and Land
w 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.
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:
ria
cgTSYlry ttor
711712023
City of Miami Page 4 of 4 File ID: 13965 (Revision: A) Printed on: 10/27/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13965 Final Action Date:
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, 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 ry
WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDING$;
CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN ,o,3
EFFECTIVE DATE. - -vi —1
ctal
N)
WHEREAS, the MCNP was adopted on February 9, 1989, by Ordinance NOzrr .
10544, pursuant to Chapter 163, Florida Statutes; and
fv
WHEREAS, the MCNP includes the City of Miami's ("City") 2020 Future Land iJse Jp
("FLUM") and the "Interpretation of the 2020 Future Land Use Map," which generally descrilbes
uses allowed in each Future Land Use Designation contained within the FLUM; and
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 ("Cr) 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 Mlaml File ID: 13965 (Revision:) Printed On: 10/2/2023
m
'9
rn
0
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 expedited state
review:
- Department of Economic Opportunity;
,c: - Department of Environmental Protection;
▪ 'w - Department of State;
i Department of Transportation;
N 1: South Florida Regional Planning Council;
}"a South Florida Water Management District; and
GI
• wt" Miami -Dade County Department of Regulatory and Economic Resources
O Z 1. ,. c, Planning Division; and
,-- >-
CC o t•
i/If1 EREAS, all comments received by the agencies as provided in Exhibit "A," attached
LI-
Ml incorporated, 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 atsillary to
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 File ID: 13965 (Revision:) Printed On: 10/2/2023
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.
*
Section 3. The City Commission finds that the MCNP amendment:
tf3
cir
_(c) Involves a text change to the Interpretation of the 2020 FLUM;
.„,. ) Is one which is not located within an area of critical State concern as designated
b• �,.. by Section 380.0552, Florida Statutes, or by the Administration Commission
°..ii r" r pursuant to Section 380.05(1), Florida Statutes;
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review Process pursuant to Section 163.3184,
Florida Statutes;
- dte) Complies with the applicable density limitations set forth in the MCNP and Land
o va
Development Regulation Act, if applicable.
n.,
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.
City of Miami File ID: 13965 (Revision:) Printed On: 10/2/2023
APPROVED AS TO FORM AND CORRECTNESS:
City aMiami Re ID!sm(esn:)Printed o:10/2/2g2