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Home My WebLink AboutO-14263City of Miami Ordinance 14263 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14508 Final Action Date: 3/14/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN ("MCNP") OF THE CITY OF MIAMI ("CITY"), TO INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS AND UPDATING THE ELEMENT(S) BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE IN YEAR 2015 AS REQUIRED BY FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, TITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN"; SPECIFICALLY BY AMENDING, ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE CITY'S MCNP, AS ATTACHED AND INCORPORATED IN EXHIBITS "A," "B," "C," "D," "E," "F," "G," "H," AND "I"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR TRANSMITTAL TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3191(1), Florida Statutes, directs local governments to conduct an Evaluation and Appraisal Review (the "EAR") every seven (7) years to determine whether the need exists to amend the comprehensive plan to reflect changes in state requirements since the last time the comprehensive plan was updated; and WHEREAS, local governments are required to notify the State Land Planning Agency by letter of their determination by a date established in Rule Chapter 73C-49, Florida Administrative Code; and WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") was last updated through the EAR process on December 14, 2017, by Ordinance No. 13730; and WHEREAS, on October 31, 2022, the City of Miami ("City") timely notified the State Land Planning Agency that amendments to the MCNP were needed to address changes in Florida Statutes and changes in local conditions; and WHEREAS, the State Land Planning Agency advised that the City should submit proposed EAR -based amendments within one (1) year for agency review; and WHEREAS, the City has prepared proposed amendments to the goals, objectives, and policies of the MCNP, attached and incorporated as Exhibit "A'';' and 1 Words and/or figures stricken through in Exhibit "A" are to be deleted. Underscored words and/or figures are to be added. Words and/or figures double -underlined, double -stricken, and highlighted in yellow, are changes proposed between first and second reading in response to reviewing agency comments. The City of Miami Page 1 of 5 File ID: 14508 (Revision: C) Printed On: 7/24/2025 File ID: 14508 Enactment Number: 14263 WHEREAS, the City has prepared proposed amendments to the appendices of the MCNP, attached and incorporated as Exhibits "B," "C," "D," "E," "F," "G," "H," and "I";2 and WHEREAS, Section 163.3177(6)(c), Florida Statutes, requires local governments to assess their current, as well as projected, water needs and sources for at least a 10-year planning period, considering the approved regional and county water supply plan for the respective local government; and WHEREAS, Section 163.3177(4)(a), Florida Statutes, requires coordination of the local comprehensive plan with the water management district's regional water supply plan; and WHEREAS, the City is a retail customer of Miami -Dade County and receives 100 percent of all potable water from the Miami -Dade County Water and Sewer Department; and WHEREAS, the City last adopted a 20-year Water Supply Facilities Work Plan Update on September 10, 2015; and WHEREAS, the South Florida Water Management District approved the Lower East Coast Water Supply Plan Update on November 8, 2018, and Miami -Dade County subsequently adopted its 10-year Water Supply Facilities Work Plan Update in April 2022 and corresponding Comprehensive Development Master Plan text amendments on January 19, 2023; and WHEREAS, the City has prepared proposed amendments to the Potable Water Element, incorporated in Exhibit "A," and Appendix PVV-1, incorporated as Exhibit "C", to comply with state law by incorporating an update to the previously adopted 20-year Water Supply Facilities Work Plan; and WHEREAS, the City has prepared proposed amendments to be contained within the Future Land Use Map Series of the City, Appendix LU-1; and WHEREAS, the City held public meetings between May 2023 and September 2023 in all Commission Districts and at City Hall, two (2) citywide virtual meetings, seeking stakeholder and community resident input for updating the MCNP; and WHEREAS, the City held a public workshop in July 2023 with the Planning, Zoning and Appeals Board ("PZAB"), which serves as the City's Local Planning Agency, obtaining its input for updating the MCNP and again in September in place of a public hearing when quorum was not achieved; and WHEREAS, the City shared information about this process before the Climate remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 Words and/or figures stricken through in Exhibits "B," "C," "D," "E," "F," "G," "H," and "I" are to be deleted. Underscored words and/or figures are to be added. Words and/or figures double -underlined, double -stricken, and highlighted in yellow, are changes proposed between first and second reading in response to reviewing agency comments. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 14508 (Revision: C) Printed on: 7/24/2025 File ID: 14508 Enactment Number: 14263 Resilience Committee, the Miami River Commission, the Historic, Environmental and Preservation Board, and the Art in Public Places Board at publicly noticed meetings between April and September; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-094 by a vote of four to four (4 — 4), Item No. PZAB. 12, indicating it does not recommend approval of this MCNP amendment as at the meeting a motion to recommend approval was made that resulted in four (4) PZAB members voting in favor and four (4) PZAB members voting against, thereby failing to receive the required concurring votes of a supermajority of board members present pursuant to Section 7.1.1.4(d)(4) of the Miami 21 Code and Section 62-8(d) of the Code of the City of Miami, as amended, ("City Code"); and WHEREAS, on October 12, 2023, the City Commission held a duly noticed public hearing on these MCNP amendments at which time it voted to transmit the amendments to the State Land Planning Agency — the Florida Department of Commerce (formerly known as the Department of Economic Opportunity) ("Florida Commerce") — and other required reviewing agencies; and WHEREAS, on December 22, 2023, the deadline for reviewing agencies' comments, Florida Commerce completed its review and transmitted an Objections, Recommendations, and Comments ("ORC") report to the City, containing one comment; and WHEREAS, no other reviewing agency delivered timely comments to the City; and WHEREAS, the comment contained within the ORC report advised the City to amend relevant policies and the Future Land Use Map within Appendix LU-1 to consider two planning horizons of 10 and 20 years; and WHEREAS, the comment from Florida Commerce was promptly addressed in the amended text in the Future Land Use Element and maps within Appendix LU-1; and WHEREAS, Miami -Dade County ("the County") submitted advisory comments to the City on January 19, 2024; and WHEREAS, the County included advisory comments about historic preservation, which are already covered by the MCNP and pertinent City regulations; and WHEREAS, the County's Water & Sewer Department provided advisory comments regarding the ownership of sanitary sewers, indoor water use efficiency techniques, and a corrected date reference; and WHEREAS, the County's Division of Environmental Resources Management provided advisory comments regarding onsite sewage treatment and disposal systems; and WHEREAS, the City promptly addressed these comments with the amended text within the Sanitary Storm Sewers, Potable Water, and Capital Improvements Elements; 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 to amend the MCNP as hereinafter set forth; City of Miami Page 3 of 5 File ID: 14508 (Revision: C) Printed on: 7/24/2025 File ID: 14508 Enactment Number: 14263 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. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184(4), Florida Statutes, is amended by amending the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan as attached and incorporated in Exhibit "A". Section 3. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184(4), Florida Statutes, is amended by amending the appendix to the Future Land Use Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "B". Section 4. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184(4), Florida Statutes, is amended by amending the appendix to the Potable Water Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "C". Section 5. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184(4), Florida Statutes, is amended by amending by the appendix to the Transportation Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "D". Section 6. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184 (4), Florida Statutes, is amended by amending the appendix to the Ports, Aviation and Related Facilities Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "E". Section 7. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184 (4), Florida Statutes, is amended by amending the appendix to the Parks, Recreation and Open Space Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "F". Section 8. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184 (4), Florida Statutes, is amended by amending the appendix to the Coastal Management Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "G". Section 9. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184 (4), Florida Statutes, is amended by amending the appendix to the Education Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "H". Section 10. The Miami Comprehensive Neighborhood Plan, Ordinance No. 10544, as amended, pursuant to state coordinated review procedures subject to §163.3184 (4), Florida Statutes, is amended by amending the appendix to the Capital Improvements Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated as Exhibit "I". City of Miami Page 4 of 5 File ID: 14508 (Revision: C) Printed on: 7/24/2025 File ID: 14508 Enactment Number: 14263 Section 11. The City Manager is directed to instruct the Director of the City Planning Department to promptly, within ten (10) working days after First Reading, transmit a copy of this proposed amendment to reviewing agencies and any other local government or governmental agency that has filed a written request and consider all comments received for any necessary revisions for Second Reading pursuant to §163.3184, Florida Statutes. Section 12. The City Manager is further directed to instruct the Director of the City Planning Department to promptly transmit, within (10) working days after Second Reading, a copy of the adopted amendment, along with supporting data and analysis, to the State Land Planning Agency and all agencies or local governments that provided timely comments after First Reading. Section 13. 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 14. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State of Florida's ("State") 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.3 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 10/23/2023 ndez, City Attor ey ) 3/20/2024 3 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 5 of 5 File ID: 14508 (Revision: C) Printed on: 7/24/2025