Loading...
HomeMy WebLinkAboutSubstitution Memo From Planning Department (2)CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Inru TO: Arthur Noriega V, City Manager DATE: March $; (4 i 1.! fE CI i * � F SUBJECT: Substitution of PZ.16 — 2022 Evaluation & Appraisal Review FROM: David Snow Interim Director., Planning Department ENCLOSURE: Updated Legislation and Updated Exhibit "A," "B," and FLUM Series The purpose of this Substitution Memorandum for Item PZ.16, File ID 14508, on the March 14, 2024 City Commission Agenda is to provide the attached updated legislation, which was updated based on comments made by the State of Florida and Miami -Dade County. Corresponding Exhibit A, B and the FLUM Series nave been updated based on the comments. The attachments Exhibit "A." "B." and the FLUM Series have been uploaded to the legislative file along with a memo dated FebrJary 3, 2024 detailing the comments. The following amendments have been made: • Cover Page/Title, Element Title pages, Rear page, and all footers to include the new planning period 2035/2045. • Introduction to inc uae population projections :'cr 2040 and 2045 to align with the new planning horizon. • Ali in -text er graphic references to the 2035 planning timeline to 2035/2045. • Future Land Use Map series to reflect 2035/2345. • Planning periods in Folk es LU-1.1.2 and LU-1.6.1. • RAC, page 1-19 criteria 1 and 4 and sentence ;ollowing 5. • Interpretation cf the Future Land Use Map, page 1-19, paragraphs 1 through 4. • Sanitary & Store Sewers Element to reflect the fact that sanitary sewers are owned, operated, and maintained by WASD, not the City. specifically, Objective SS-1.1 and Policies SS-1.1. 1, SS-1.1.2, SS-1.1.3, and SS .2.2. • Potable Water Element Pc icy PVV .4.2 to c,eate a nevi policy to acknowledge new development comp,ying with County Code requirements for indoor water use efficiency. • Water Supply Pan — .ncorrect sate referenced .n error. • Capita? improvements Element specifically Policy CI-1.2.2, to include DERM in the review of ons'te swage treatment and disposal systems. • To reflect FLUM. and Text adopted by City Commission posted 1st reading. Upon approval, the up—ted le isia:ion for the above -referenced 2022 Evaluation and Appraisal Review will be proy• d to he City Clerk's G=`:ce :`or distribution to the Mayor and all Commissioners. Approved: Arthur Nor`: 'o,a V. Olt; i fiar.ager I 0 &los 04).0-1 tYv00/0 plAhnoc ociomyi-fyle/d- 0 • Title: 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. Body: 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";1 and 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 ' 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 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 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 PW-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-" Resilience Committee, the Miami River Commission, the Historic, Environmental and Preservation Board, and the Art in Public Places Board at publicly noticed meetinge.etwej April and September; and ; :_, WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on c73 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 are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 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, 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 Obiections, 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, vhich are already covered by the MCNP and pertinent City regulations; and m WHEREAS, the Countv's Water & Sewer Department provided advisory corm./tents x. regarding the ownership of sanitary sewers, indoor water use efficiency techniques, i'nd.a corrected date reference; and WHEREAS, the Countv's Division of Environmental Resources Management:trgvided advisory comments regarding onsite sewaqe treatment and disposal systems; and WHEREAS, the City promptly addressed these comments with the amended tact wifiliin 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; 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. 0 in 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, 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 Faciliti; Element of the Miami Comprehensive Neighborhood Plan as attached and incorporated ae' 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), lorida Statutes, is amended by amending the appendix to the Parks, Recreation and Open ace - Element of the Miami Comprehensive Neighborhood Plan as attached and incorpora ed a§=' 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". 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 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.