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Home My WebLink AboutO-14305City of Miami Ordinance 14305 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16172 Final Action Date: 9/12/2024 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. SPONSOR(S): Commissioner Miguel Angel Gabela 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 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 City of Miami Page 1 of 5 File ID: 16172 (Revision: B) Printed On: 8/5/2025 File ID: 16172 Enactment Number: 14305 WHEREAS, the Planning Department recommends approval of the MCNP amendment described herein; and 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 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 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 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 amended in the following particulars:1 "FUTURE LAND USE 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 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 5 File ID: 16172 (Revision: B) Printed on: 8/5/2025 File ID: 16172 Enactment Number: 14305 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 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). Correspondence Table - Zoning and Comprehensive Plan Transect T3 R, L T3 0 T4 R T4 L,O T5 R T5 L,O T6-(8 — 48) R T6-(8 — 48) L, O Miami 21 Transect Zone SUB -URBAN GENERAL URBAN URBAN CENTER URBAN CORE D1 WORK PLACE D2 D3 T6-80 R,L,0 CI CI -HD CS INDUSTRIAL MARINE URBAN CORE CIVIC INSTIUTIONAL CIVIC INSTITUTION — HEALTH DISTRICT CIVIC SPACE/PARKS NATURAL October 2009 MCNP Future Land Use SINGLE-FAMILY RESIDENTIAL DUPLEX RESIDENTIAL LOW DENSITY MULTIFAMILY RESIDENTIAL LOW DENSITY RESTRICTED COMMERCIAL MEDIUM DENSITY MULTIFAMILY RESIDENTIAL MEDIUM DENSITY RESTRICTED COMMERCIAL HIGH DENSITY MULTIFAMILY RESIDENTIAL RESTRICTED COMMERCIAL, GENERAL COMMERCIAL LIGHT INDUSTRIAL NDUSTRIAL NDUSTRIAL ENTRAL BUSINESS DISTRICT MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES (MAJOR INSTITUTIONAL, PUBLIC FACILITIES, RANSPORTATION, AND UTILITIES Dwelling Units Per Acre Max. 9 du/ac 18 du/ac* 36 du/ac* 36 du/ac* 65 du/ac* 65 du/ac* 150 du/ac* 36 du/ac 65 du/ac** 65 du/ac**t 1000 du/ac* 150 du/ac 150 du/ac* PUBLIC PARKS AND RECREATION N/A OMMERCIAL RECREATION ONSERVATION N/A N/A * Indicates maximum residential density may be increased by up to one hundred percent City of Miami Page 3 of 5 File ID: 16172 (Revision: B) Printed on: 8/5/2025 File ID: 16172 Enactment Number: 14305 (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. *„ 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 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 City of Miami Page 4 of 5 File ID: 16172 (Revision: B) Printed on: 8/5/2025 File ID: 16172 Enactment Number: 14305 APPROVED AS TO FORM AND CORRECTNESS: g Wy j ng fll, C y ttor y 9/26/2024 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: 16172 (Revision: B) Printed on: 8/5/2025