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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16172
Final Action Date:
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 THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION
163.3184, FLORIDA STATUTES, BY AMENDING THE FUTURE LAND
USE MAP INTERPRETATION FOR THE DUPLEX RESIDENTIAL FUTURE
LAND USE DESIGNATION AND THE CORRESPONDENCE CHART TO
ACCOMMODATE A RESIDENTIAL DENSITY INCREASE UP TO ONE
HUNDRED PERCENT IN CERTAIN CASES UP TO A MAXIMUM OF TWO
(2) DWELLING UNITS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-039 by a
vote of seven to zero (7-0), Item No. PZAB.7, recommending approval of the zoning text
amendment; and
WHEREAS, the Miami Comprehensive Neighborhood Plan's ("MCNP") Interpretation of
the 2035-2045 Future Land Use Map ("FLUM") sets the density for the Duplex Residential future
land use designation at eighteen (18) dwelling units per acre; and
WHEREAS, the City of Miami ("City") has identified unintended issues associated with
the way in which the current density limit affects legal nonconforming substandard Lots, with
respect to regulations of Lot Area in Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"); and
WHEREAS, such density calculation results in needing 4,840 square feet of Lot Area to
permit two (2) dwelling units to be constructed as opposed to one (1); and
WHEREAS, properties designated Duplex Residential typically have a minimum Lot size
of 5,000 square feet, which most Lots adhere to in the City; and
WHEREAS, some Duplex Residential Lots are substandard in size as they were platted
many decades ago in a manner lawful at the time but with an area below the 5,000 square foot
Lot Area minimum or met such minimum Lot Size but were lawfully diminished by required
dedications of land to the City for street widening and/or providing rounded corner radii pursuant
to the Code of the City of Miami, Florida, as amended; and
WHEREAS, in order to alleviate the City's present housing shortage and permit property
owners to develop two (2) dwelling units on a Lot designated Duplex Residential instead of one
(1) dwelling unit, the City Commission wishes to provide flexibility in terms of calculating density
for these sites• and
City of Miami File ID: 16172 (Revision: A) Printed On: 9/3/2024
16172 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
WHEREAS, the proposed amendment meets the intent of Goal LU-1, Policy LU-1.3.16,
and Policy LU-4.1.2 of increasing housing opportunities and types while maintaining
neighborhood character; and
WHEREAS, the Planning Department recommends approval of the MCNP amendment
described herein; and
WHEREAS, the City Commission considered whether the land use, densities, and
intensities proposed are compatible with and further the objectives, policies, land uses, and
densities and intensities in the MCNP; and
WHEREAS, the City transmitted the amendment to the appropriate reviewing
agencies after First Reading pursuant to Section 163.3184, Florida Statutes, including the
Florida Department of Commerce, South Florida Regional Planning Council, South Florida
Water Management District, Miami -Dade County, Department of Environmental Protection,
Florida Department of Transportation (Region 6), Department of State, and Department of
Education; and
WHEREAS, none of the reviewing agencies offered any comments that require
modification of the proposed amendment; 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
approve the proposed MCNP amendment as hereinafter set forth;
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. Ordinance No. 10544, as amended, the MCNP, is hereby amendedn the..,
following particulars:1
i en
"FUTURE LAND USE ro
vo
INTERPRETATION OF THE FUTURE LAND USE MAP
Duplex Residential
Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units
each to a maximum density of 18 dwelling units per acre, and maximum residential density may
be increased by up to one hundred percent (100%), subject to the detailed provisions of the
applicable land development regulations and the maintenance of required levels of service for
facilities and services included in the City's adopted concurrency management requirements.
Community based residential facilities (14 clients or less, not including drug, alcohol or
correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places
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: 16172 (Revision: A) Printed On: 9/3/2024
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
of worship, primary and secondary schools, child day care centers and adult day care centers
are permissible in suitable locations within duplex residential areas.
Professional offices, tourist and guest homes, museums, and private clubs or lodges are
allowed only in contributing structures within historic sites or historic districts that have been
designated by the Historical and Environmental Preservation Board and are in suitable locations
within duplex residential areas, pursuant to applicable land development regulations and the
maintenance of required levels of service for such uses. Density and intensity limitations for said
uses shall be restricted to those of the contributing structure(s).
ri
*
Correspondence Table - Zoning and Comprehensive Plan
Transect
Miami 21
Transect Zone
October 2009 MCNP
Future Land Use
Dwelling Units-1
Per Acre Max.
T3
R, L
SUB -URBAN
SINGLE-FAMILY RESIDENTIAL
9 du/ac
T3
0
DUPLEX RESIDENTIAL
18 du/ac*
-
T4
R
GENERAL URBAN
LOW DENSITY MULTIFAMILY RESIDENTIAL
36 du/ac*
T4
L,O
LOW DENSITY RESTRICTED COMMERCIAL
36 du/ac*
T5
R
URBAN CENTER
MEDIUM DENSITY MULTIFAMILY
RESIDENTIAL
65 du/ac*
T5
L,O
MEDIUM DENSITY RESTRICTED
COMMERCIAL
65 du/ac*
T6-(8 —48)
R
URBAN CORE
HIGH DENSITY MULTIFAMILY RESIDENTIAL
150 du/ac*
T6-(8 — 48)
L, 0
RESTRICTED COMMERCIAL, GENERAL
COMMERCIAL
D1
WORK PLACE
LIGHT INDUSTRIAL
36 du/ac
D2
INDUSTRIAL
INDUSTRIAL
65 du/ac**
D3
MARINE
INDUSTRIAL
65 du/ac**t
T6-80
R,L,O
URBAN CORE
CENTRAL BUSINESS DISTRICT
1000 du/ac*
CI
CIVIC INSTIUTIONAL
MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES
150 du/ac
CI HD
CIVIC INSTITUTION —
HEALTH DISTRICT
MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES
150 du/ac*
CS
CIVIC SPACE/PARKS
PUBLIC PARKS AND RECREATION
N/A
COMMERCIAL RECREATION
N/A
T1
NATURAL
CONSERVATION
N/A
* Indicates maximum residential density may be increased by up to one hundred percent (100%),
subject to the detailed provisions of the applicable land development regulations and the
maintenance of required levels of service for facilities and services included in the City's adopted
concurrency management requirements.
*
City of Miami
File ID: 16172 (Revision: A) Printed On: 9/3/2024
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
Section 3. It is found that this Comprehensive Plan amendment:
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review Process pursuant to Section 163.3184(3),
Florida Statutes;
(c) Involves a text change to the Miami Comprehensive Neighborhood Plan;
(d) Is one which is not located within an area of critical state concern as designated
by Section 380.0552, Florida Statutes or by the Administration Commission
pursuant to Section 380.05(1), Florida Statutes
(e) Complies with the applicable density limitations set forth in the Local Government
Comprehensive Planning and Land Development Regulation Act, if applicable.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.
Section 5. It is the intention that the provisions of this Ordinance shall become and
be made a part of the MCNP, which provisions may be renumbered or re -lettered and that
the word "Ordinance" may be changed to "Section," "Article," or other appropriate word to
accomplish such intention.
Section 6. 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 7. 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 8. 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 9. 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 10. 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 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: 16172 (Revision: A) Printed On: 9/3/2024
SUBSTITUTED
City of Miami
Legislation
File Number: 16172
City Hall
3500 Pan American Driv
Miami, FL 33133
www.miamigov.c
Final Act
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREH
NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, P
THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO
163.3184, FLORIDA STATUTES, BY AMENDING THE FUT
MAP INTERPRETATION FOR THE DUPLEX RESIDENTI
USE DESIGNATION AND THE CORRESPONDENCE C
ACCOMMODATE A RESIDENTIAL DENSITY INCRE
HUNDRED PERCENT IN CERTAIN CASES UP TO
DWELLING UNITS; CONTAINING A SEVERABILI
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Miguel Angel Gabela
SIVE
SUANT TO
CTION
E LAND USE
FUTURE LAND
RT TO
UP TO ONE
AXIMUM OF TWO (2)
CLAUSE; AND
Date:
WHEREAS, the Planning, Zoning and Appeal :oard ("PZAB"), at its meeting on June
18, 2024, following an advertised public hearing, as , pted Resolution No. PZAB-R-24-039 by a
vote of seven to zero (7-0), Item No. PZAB.7, recmending approval of the zoning text
amendment; and
WHEREAS, the Miami Comprehen ' e Neighborhood Plan's ("MCNP") Interpretation of
the 2035-2045 Future Land Use Map ("F 4 M") sets the density for the Duplex Residential future
land use designation at eighteen (18) • elling units per acre; and
WHEREAS, the City of Mia
the way in which the current den
respect to regulations of Lot Ar
Miami, Florida, as amended
("City") has identified unintended issues associated with
limit affects legal nonconforming substandard Lots, with
in Ordinance No. 13114, the Zoning Ordinance of the City of
iami 21 Code"); and
WHEREAS, such •ensity calculation results in needing 4,840 square feet of Lot Area to
permit two (2) dwelling nits to be constructed as opposed to one (1); and
WHEREAS •roperties designated Duplex Residential typically have a minimum Lot size
of 5,000 square f t, which most Lots adhere to in the City; and
WHE AS, some Duplex Residential Lots are substandard in size as they were platted
many deces ago in a manner lawful at the time but with an area below the 5,000 square foot
Lot Area inimum or met such minimum Lot Size but were lawfully diminished by required
dedica '•ns of land to the City for street widening and/or providing rounded corner radii pursuant
to th= ode of the City of Miami, Florida, as amended; and
WHEREAS, in order to alleviate the City's present housing shortage and permit property
wners to develop two (2) dwelling units on a Lot designated Duplex Residential instead of one
(1) dwelling unit, the City Commission wishes to provide flexibility in terms of calculating density
for these sites; and
City of Miami Page 1 of 4 File ID: 16172 (Revision: A) Printed On: 9/9/2024
SUBSTITUTED
File ID: 16172 Enactment Number:
WHEREAS, the proposed amendment meets the intent of Goal LU-1, Policy LU-1.3.16,
and Policy LU-4.1.2 of increasing housing opportunities and types while maintaining
neighborhood character; and
WHEREAS, the Planning Department recommends approval of the MCNP amenent
described herein; and
WHEREAS, the City Commission considered whether the land use, densiti: -, and
intensities proposed are compatible with and further the objectives, policies, land ses, and
densities and intensities in the MCNP; and
WHEREAS, the City Commission, after careful consideration of this atter, deems it
advisable and in the best interest of the general welfare of the City and it nhabitants to
approve the proposed MCNP amendment as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO► ISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the ' eamble to this Ordinance are
adopted by reference and incorporated as if fully set forth i ' his Section.
Section 2. Ordinance No. 10544, as amended, e MCNP, is hereby amended in the
following particulars:1
"FUTURE ND USE
INTERPRETATION
Duplex Residential
Areas designated as "Duplex ' sidential" allow residential structures of up to two dwelling units
each to a maximum density ' 18 dwelling units per acre, and maximum residential density may
be increased b u • to one undred •ercent 100% subject to the detailed provisions of the
applicable land develop " nt regulations and the maintenance of required levels of service for
facilities and services ' cluded in the City's adopted concurrency management requirements.
Community based r=.idential facilities (14 clients or less, not including drug, alcohol or
correctional rehab ation facilities) also will be allowed pursuant to applicable state law. Places
of worship, prim - and secondary schools, child day care centers and adult day care centers
are permissibl- in suitable locations within duplex residential areas.
Professionoffices, tourist and guest homes, museums, and private clubs or lodges are
allowed • y in contributing structures within historic sites or historic districts that have been
designed by the Historical and Environmental Preservation Board and are in suitable locations
withi • uplex residential areas, pursuant to applicable land development regulations and the
";S
F THE FUTURE LAND USE MAP
ords 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: 16172 (Revision: A) Printed on: 9/9/2024
SUBSTITUTED
Fiie ID: 16172
Enactment Number:
maintenance of required levels of service for such uses. Density and intensity limitations for said
uses shall be restricted to those of the contributing structure(s).
Correspondence Table - Zoning and Comprehensive Plan
.173
•
Transect
Miami 21
Transect Zone
October 2009 MCNP
Future Land Use
Dwe ng bits
P- Acre Mix.
T3
R, L
SUB -URBAN
SINGLE-FAMILY RESIDENTIAL
9 du/pc
_t`
T3
0
DUPLEX RESIDENTIAL
18 du/acy ,
T4
R
GENERAL URBAN
LOW DENSITY MULTIFAMILY RESID TIAL
rn
36 du/ac!
T4
L,0
LOW DENSITY RESTRICTED CO' MERCIAL
36 du/ac*
T5
R
URBAN CENTER
MEDIUM DENSITY MULTIFA Y
RESIDENTIAL
165 du/ac*
T5
L,0
MEDIUM DENSITY REST' TED
COMMERCIAL
65 du/ac*
T6-(8 — 48)
R
URBAN CORE
HIGH DENSITY MU IFAMILY RESIDENTIAL
150 du/ac*
T6-(8 — 48)
L, 0
RESTRICTED iMMERCIAL, GENERAL
COMMERCIA
D1
WORK PLACE
LIGHT IND .TRIAL
36 du/ac
D2
INDUSTRIAL
INDUST L
65 du/ac**
D3
MARINE
INDUS IAL
65 du/ac**-C
T6-80
R, L, O
URBAN CORE
CE 'AL BUSINESS DISTRICT
i1000 du/ac*
CI
CIVIC INSTIUTIONAL
IV JOR INSTITUTIONAL, PUBLIC FACILITIES,
• NSPORTATION, AND UTILITIES
150 du/ac
CI -HD
CIVIC INSTITUTION —
HEALTH DISTRICT
MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES
150 du/ac*
CS
CIVIC SPACE/PAR
PUBLIC PARKS AND RECREATION
N/A
COMMERCIAL RECREATION
N/A
T1
NATURAL
CONSERVATION
N/A
* Indicates maxim residential density may be increased by up to one hundred percent
(100%), subject the detailed provisions of the applicable land development regulations and
the maintenan of required levels of service for facilities and services included in the City's
adopted con rrency management requirements.
*
*
*„
ection 3. It is found that this Comprehensive Plan amendment:
(a) Is necessary due to changed or changing conditions;
(b) Follows an Expedited State Review Process pursuant to Section 163.3184(3),
Florida Statutes;
(c) Involves a text change to the Miami Comprehensive Neighborhood Plan;
City of Miami Page 3 of 4 File ID: 16172 (Revision: A) Printed on: 9/9/2024
SUBSTITUTED
File ID: 16172 Enactment Number:
(d) Is one which is not located within an area of critical state concern as designated
by Section 380.0552, Florida Statutes or by the Administration Commission
pursuant to Section 380.05(1), Florida Statutes
(e) Complies with the applicable density limitations set forth in the Local Governm t
Comprehensive Planning and Land Development Regulation Act, if applic •le.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word • ' his
Ordinance is declared invalid, the remaining provisions of this Ordinance should not
affected.
Section 5. It is the intention that the provisions of this Ordinance shall b- ome and
be made a part of the MCNP, which provisions may be renumbered or re -left = -d and that
the word "Ordinance" may be changed to "Section," "Article," or other appro' date word to
accomplish such intention.
Section 6. This Ordinance shall become effective ten (10) da • upon adoption
thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
III C y or y 8/28/2024
ti
v- )
rri
to
✓ O
w
2 T is Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
ys 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 4 of 4 File ID: 16172 (Revision: A) Printed on: 9/9/2024