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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) cIrn > -4 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