HomeMy WebLinkAboutM-75-0507CITY OF 1.1,1!,VAI, PLO IJA
1NTER-OFFICE M! MO AN DUM
11otorabl e Menibe es of the
City Cottnssiol
P W. Andrews
City Manager
t.
AY r 1975
FILE
Proposed Inpletherititig County
Ordinattcesi bade County Ctirtiprey
Bens ve Development Ma.s"ter Plan
w
Nay 22, 1 9 ( 5 Cnniriiission meeting
- Item No. 46 City Manager Reports
On May 7, 1975. the Dade County Commission passed, on
first reading, four ordinances that would implement certain
recommendations of the Dade County Comprehensive Devel-
opment Master Plan. Three of the four ordinances could
profoundly effect land -use and development controls currently
exercised by the City of Miami. This memorandum sum-
marizes the ordinances, evaluates them as potentially detri-
mental to the City; and recommends appropriate action for
the approval of the Commission.
Summary ofOrdinances
Ordinance No. 1 re-establishes the Dade County Developmental Impact Committee,
establishes criteria for Developments of County Impact and requires that where
developers request a zoning change for a Development of County Impact, they
must file a developmental impact statement. The Developmental Impact Com-
mittee will then recommend to the Zoning Appeals Board and the County Commis-
sion whether and the extent to which the proposed development conforms to the
Comprehensive Development Master Plan and/or negatively impacts the County.
Ordinance No. 2 would make Ordinance No. 1 applicable to all municipalities of
Dade County. Prior to considering an application for rezoning to allow a Devel-
opment of County Impact, the municipality must first consider the recommenda-
tion of the Dade County Commission. The Dade County Commission may subse-
quently instruct the County Attorney to file suit to contest the rezoning action of
the municipality, if this action is substantially contrary to the recommendations
of the County Commission.
Ordinance No. 3 established procedures for adopting"neighborhood or area plan-
ning" studies. Such studies shall be adopted as refinements of the Comprehensive
Development Master Plan and provide a guide for future actions on applications
for zoning relief.
Page 1 of 2
Honorable Members of the 'City CoMmssion tik? 1 t 1975
Ordinance No, 4 would declare certain lands in unincorporated Dade County (t
be defined later) as areas of critical environtrtental concern because they iiavt a
significant impact on the environnnett and natural resources of 13atie County,
tvaluatiott
The administration considers the ordinances to be potentially detritnetita.i to the
land use controls currently exercised by the City of Miami as follows:
Ordinance No, 1 should be clarified so that it is not interpreted as
applying to municipalities.
Ordinance No. 2 applies the Development of County Impact procedures
(described in Ordinance No, l) to the City and subjects the City to
possible legal action if a City action to rezone to permit a Develop.
ment of County Impact is contrary to the Dade County Commission's
recommendation. The required County procedures lengthen the time
required by a developer to receive development approval.
Ordinance No. 3 could potentially apply to the City's Comprehensive
Neighborhood Development Plan and require the City to appear before
the Dade County Planning Advisory Board and County Commission
to assure that the City's plan is in conformance with the Compre-
hensive Development Master Plan. The ordinance should be clarified
as it pertains to municipalities.
Recommendation
The administration recommends that:
is
The Law Department be instructed to conduct a legal research of the_=,
Dade County Home Rule Charter;
that the Dade League of Cities he contacted with the objective of
developing a united approach;
that the administration be instructed to prepare written and oral ob-
jections to these ordinances prior to and at the record reading of
these ordinances.
A more extensive discussion of these Ordinances is shown in Attachment A. The
actions of the Dade County Commission in adopting the Comprehensive Develop-.
menu Master Plan is shown in Attachment B. The implementation recommenda-
tions of the Comprehensive Development Master Plan affecting the City of Miami.
are shown in Attachment C.
4
The proposed Ordina. ice NO. 1 establishes in the bade County Cod, the
fiecessar criteria for the Developinetital Iitipact Contt zittee, the Xotiing Appeals
I3oai♦d and the board of County Commission to evaluate zoning applications and
tlevelol ti"ients of the County impact. It is assumed that as these atriendfrientS are
for the bade County Zoning Chapter of the Code, that this criteria is rrta.inly for
the unincorporated areas regarding the citifies for the Developmental Itrtpa.c't
Cotnrnittee with respect to developments of the County it pact, however, clari.
f cation needs to be tnade concerning the potential for an interpretation of
Metropolitan faele 'County to include the incorporated areas.
Page 1 of 3
4
r
C dina3Ycb 1'ib._,2...
Ordinance #r2 is an ordinance establishing procedures and criteria for the 13oa.rd
of County Cotrniiissioners to participate in decision.tnal:ing process where
request for zoning action iti municipalities would permit developments of County
impact, The Ordinance requites that where an application for rezoning which
could result in a. deveioprtetit of 'County impact is proposed Within a muticipa.iity,
the municipality shall require that a County impact statement be prepared in the
following mat ne r t
'rho County impact application follow municipal zoning procedures With the addi�
tional requiretitents that legal notices must state that the development, if granted,
1) wotttd result in a developrrient of County impact; g) the notice shall be given by
registered trail to the County Clerk and County Manager together with County
impact statement; 3) no final action by municipality until the County takes the
following action:
a) the developmental impact committee, within 45 clays have prepared
and submitted to the County Commission a report and recommendation
on the County impact of the proposed application. Copies of the
report are sent to the Municipal Clerk and Mayor and the impact
committee must consult with appropriate municipal officials.
b) the County Commission, within a reasonable time shall hold a public
hearing and thereafter submit its report and recommendations to
the municipality.
When the municipality hears the application at public hearing it must consider
the extent to which the development is consistent with the report and recommenda-
tions of the County Commission.
Whenever the municipality issues any order in regard to the development of county
impact, a copy of the order shall be submitted to the County Clerk and Manager.
The matter is then placed before the County Commission for their review at
public hearing. Where it appears the municipality is contrary to the County Com-
mission's report, it may authorize the County Attorney to file suit to contest the
municipality. If the County Commission cannot hear the application within thirty
(30) days, the County Manager is delegated authority to file the suit; his action
is later ratified or the suit is dismissed by the County Commission.
Development refers to the act of zoning or rezoning through district boundary
changee which results in a County impact of:
1) Residential developments in excess of 800 units.
Business uses in excess of 150, 000 square feet of retail floor area.
Recreational, cultural, or entertainment facilities of more than 1500
vehicle off-street parking.
Page 2 of 3
4
ft
4) Office building of more than 2503 000 square feet Of floor Spaeth
5) industrial inolving more than 100 acres of 1000 tiff,str+eet park
spaces.
Developments that fall within the juri.sr1ictioti of tie State of Plorida's development
of regional impact legislation are exeinpt from the provision of the County tirt1in'
atic e,
Orditzaz�ce No.
The third Ordinance establishes procedures for preparation and adoption of
"neighborhood or area planning" studies for Metropolitan Dade County. "Neigh-
borhood or area planning" is intended to be refinement of the Comprehensive
Development Master Plan and provide guidance for future actions, including
zoning relief. Such studies are required to be performed by the Dade Cotrnty.
Planning Department and are submitted to the Planning Advisory l3oard for
recommendation to the Board of County Commissioners. As the Comprehensive
Development Master Plan includes the City of Miami, and as there is no wording
specifically excluding the City of Miami or any other municipality it could be
assumed that these procedures would apply in the City.
The City of Miami has embarked upon a Comprehensive Neighborhood Develop
ment Plan which appears to have no specific standing in this Ordinance. The
County may, through the processes outlined, either use the, City's NDP in adopt-
ing its own neighborhood plan for the City; prepare its own plan for the City or
require the City to appear before the Dade County Planning Advisory Board and
County Commission to assure that the City's plan is in conformity with the
Comprehensive Development Plan.
Page 3 of 3
s JLN `Y.11C i
' V Ul' . 1 4lJ1YL1V
OF THE
COMPREHENSIVE DEVELOPMENT MASTER •PLAN;
yl l
COMPONENT
T.DINANc
,74.-100
REAFrIRM AS " ,ADOPT & ACCEPT AS ACCEPT AS', GUmIi ACCEPT AS
GOALS AND ENACT AS GUIDE FOR CDMP FOR PREP. STUDIES BACKG1003 P01.
GUIDELINES CDMP APPL. & EVAL. ORD & CODES COX? PRE?.
x
(Section
x
(Section 2)
o ZONE DESCRIPTIONS
(PP 103-152)
o 0i IDELD 2S (PP 155-161)
tiTA1Io i (PP 163-163)
o RPMAI`±I;:C rcRTIONS
(PP 1-104, 169-131)
1:�1P
o GUI:)ELI1;E$ (PP 91-112,121-134)
0 ESTIMATED :ED PO:.'uLATION.
DISTRI5uTIoN NAP (P-191)
o pLA: i1:G PROPOSALS (PP 187-206)
o IMP E .;TAT10S (PP 209-233)
O 1935 PATTERN NAP (APPENDIX)
0 2000 CONCEPTLAL PATTEP
SAP (APPENTDIX)
O REMAINING .PORTIONS
(PP 1-90, 233-247)
•
coinpre1iensite Development Master Plan
implernentatiori iltrtotntriendat:ions that would effect the City- of t tiatii
1; 1985 Pattern Ma.p ?ear 2uff�ce 000 Cal Patters Mao atitl 14g5=2C100 I fitirriatet
`'tri
PopulationDistribution Map provide population estimates, density ranges, arid
land rises for evaluating Municipal plans.
State enabling legislation should be sought to grant local jurisdiction the power
to assemble land within the transit corridor but beyond the tight of way for
dispostibri to private and public interests for development subject to the con-
trols of the corridor development plan. Public agencies (possibly a Public
Development Corporation) should buy the land around transit stations and their
resell. it to developers with deed restrictions as to how it can be developed in
order to recoup the cost of building the system and also to insure planned dev-
elopment. (Part III p. 178)
All land development patterns, proposals and regulations within Dade County's
27 municipalities should be consistent with the CDMP. to the event that such
development is incompatible with the CDMP, the municipality should be required
to conform to the CDMP. (Part III p. 210)
If municipal land use regulations or proposals or capital improvernent programs
are incompatible with the CDMP then modifications by the municipality should
be required to bring its plans and programs into conforrnance with the CDMP.
Unless essential to public health, safety and welfare, no capital. facilities
(municipal state or federal) should be constructed that are not in compliance
with the CDMP. (Part III p. 210; p. 221)
Neighborhood plans are recornm�nded to further detail the CDMP: but it is
not clear who is doing the planning. (Part III; pp. 211-214)
An environmental impact review procedure should be adopted. The ordinance
should consider factors such as floor area, land area and environmental cri-
teria and should be County -wide in effect. (Part III; pp. 214-217)
A Biscayne Bay Conservation Commission is recommended with complete autho-
rity and veto power over all activities relating to the Bay. (Part III p. 218)
Land dedication for new facilities (or fees in lieu thereof) and impact fees are
recommended to be required of developers. (Part III; page 222-224)
h low-income housing corporation is proposed to float bonds to construct, lease
rent and :;ell housing. (Part III: pn. 226-227)
Ta<, relict is propos .± =o ottvat :ha lit t err
(Port tit; p 229)
T1zc otittitablg: low-income And hoots tig t1t %ugh
out bade County is proposed (daft Ito ls, 229)
Official rnapj ttig are :-a JCL acquisition of tight or N.,/ay anti 'lair banking a.e pro.
pbt;ed. (Part 11t; pp �31-Z3 )