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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"), BY AMENDING, ADDING, AND
DELETING GOALS, OBJECTIVES, AND POLICIES OF THE
TRANSPORTATION ELEMENT OF THE CITY'S MCNP AS REQUIRED
BY FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION
163.3191, FLORIDA STATUTES, ENTITLED "EVALUATION AND
APPRAISAL OF COMPREHENSIVE PLAN", TO INCORPORATE
NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE
REQUIREMENTS AND UPDATING THE ELEMENT BASED ON
CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED
ON THE EVALUATION AND APPRAISAL REPORT IN 2005;
CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR
TRANSMITTAL TO AFFECTED AGENCIES, AND PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami.
PURPOSE: To allow required amendments, per Florida Statutes, to update the Miami
Comprehensive Neighborhood Plan (MCNP) to reflect changes in state requirements and
changes in local conditions since the last time the plan was updated based on a state required
and adopted Evaluation and Appraisal Review (EAR) of its Comprehensive Plan. The last time
the City adopted its EAR document was December 2005.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval with modifications on
September 7, 2016, by a vote of 9-1.
City of Miami File ID: 1034 (Revision: 8) Printed On: 3/22/2018
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City of Miami
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Legislation
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Ordinance:13730
File Number: 1034
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/14/2017
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"), BY AMENDING,
ADDING, AND DELETING GOALS, OBJECTIVES, AND POLICIES OF THE
TRANSPORTATION ELEMENT OF THE CITY'S MCNP AS REQUIRED BY FLORIDA
ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES,
ENTITLED "EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN", TO
INCORPORATE NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE
REQUIREMENTS AND UPDATING THE ELEMENT BASED ON CHANGES IN LOCAL
CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND
APPRAISAL REPORT IN 2005; CONTAINING A SEVERABILITY CLAUSE; PROVIDING
FOR TRANSMITTAL TO AFFECTED AGENCIES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the Miami
Comprehensive Neighborhood Plan ("MCNP") was adopted by the City Commission by
Ordinance No. 10544 on February 9, 1989; and
WHEREAS, Chapter 163, Part II, Section 163.3191, Florida Statutes, entitled
"Evaluation and appraisal of comprehensive plan" and Florida Administrative Code Rule 9J-5,
required that each local government periodically update its comprehensive plan through the
preparation and adoption of an Evaluation and Appraisal Report ("EAR") assessing the success
or failure of the adopted comprehensive plan; and
WHEREAS, on December 1, 2005, the City Commission adopted Resolution No. 04-
00806 adopting the EAR; and
WHEREAS, Resolution No. 04-00806 provides that the City shall consider amendments
to the MCNP based on recommendations in the EAR and shall consider updating the MCNP in
accordance with Sections 163.3184, 163.3187, and 163.3191, Florida Statutes; and
WHEREAS, Chapter 163, Part II, Florida Statutes, requires that each local government
incorporate recommendations contained in the EAR as amendments to the City's MCNP; and
WHEREAS, on November 13, 2008, the City Commission adopted amendments based
on the recommendations contained in the 2005 EAR, except for the Port of Miami River Sub
Element, which was adopted in July 2010 by a Stipulated Settlement Agreement and in the
MCNP by Ordinance No. 13043 on July 22, 2010; and
WHEREAS, Florida Administrative Code Rule 9J-5 was repealed effective June 2, 2011;
thereafter, local governments are no longer required to submit EAR's to the State Land Planning
Agency, the Department of Economic Opportunity ("DEO"); and
WHEREAS, pursuant to Section 163.3191, Florida Statutes and Florida Administrative
Code Rule 73C-49, at least every seven (7) years, or on or before November 1, 2015, the City
City of Miami File ID: 1034 (Revision: 8) Printed On: 3/22/2018
of Miami ("City") must notify the DEO by letter as to whether the need exists to amend its MCNP
to reflect changes in Florida Statutes and changes in local conditions since the 2005 EAR; and
WHEREAS, if the City determines that amendments are necessary, pursuant to Section
163.3184, Florida Statutes, and Florida Administrative Code Rule 73C-49, and an "Evaluation
and Appraisal Review" (previously known as an "EAR"), it shall prepare and transmit the
proposed amendments to the DEO within one (1) year of such determination, or by November
1, 2016; and
WHEREAS, if the City fails to timely submit a notification letter or proposed amendments
within one (1) year of notification to the DEO, it may not amend its MCNP until it complies with
state requirements; and
WHEREAS, on November 1, 2015, the City notified the DEO as to the need to amend its
MCNP to reflect changes in state requirements and changes in local conditions since the 2005
EAR; and
WHEREAS, the City is required to submit proposed amendments to the State Land
Planning Agency, DEO, by November 1, 2016; and
WHEREAS, the City held public meetings between March 2016 and May 2016 in each of
the City Commission Districts seeking stakeholder and community resident input for updating
the MCNP; and
WHEREAS, the City held public workshops June 2016 and July 2016 with the local
Planning Agency, the Planning, Zoning and Appeals Board ("PZAB"), obtaining its input for
updating the MCNP; and
WHEREAS, the PZAB, at its meeting of September 7, 2016, following an advertised
public hearing, adopted Resolution No. PZAB-R-16-042 by a vote of nine to one (9-1), item no.
PZAB.2, recommending approval with modifications of text amendments to the MCNP; and
WHEREAS, on October 27, 2016, the City Commission held a duly noticed public
hearing at which time it voted to transmit the amendments to the DEO; and
WHEREAS, on January 12, 2017, the DEO completed its review and transmitted an
Objections, Recommendations, and Comments ("ORC") report to the City, containing two (2)
objections and three (3) comments; and
WHEREAS, the main objections from the DEO concerned updates based on new
statutory requirements regarding the Peril of Flood and sea level rise projections; and
WHEREAS, the three (3) comments on the ORC report were submitted by the Florida
Department of Transportation and were promptly addressed in the proposed, amended
Transportation Element, which also required amending certain policies in other elements of the
MCNP; and
WHEREAS, through a Technical Planning Assistance grant from the DEO, the City
partnered with the South Florida Regional Planning Council to begin further data collection and
analysis to address the objections from the January 12, 2017 ORC report; and
WHEREAS, on June 5, 2017 and then again on August 25, 2017, the City notified the
DEO that it would be extending the deadline to submit its adopted EAR -based MCNP
amendments to first November 28, 2017 and then November 28, 2018; and
City of Miami File ID: 1034 (Revision: 8) Printed On: 3/22/2018
WHEREAS, with the August 25, 2017 notice, the City also notified the DEO that it would
be adopting the amended Transportation Element of the MCNP, attached and incorporated as
Exhibit 'A" for review by state, regional, and local agencies as required by law pursuant to the
State Coordinated Review Process set forth in Section 163.3184, Florida Statutes, before
adopting the amendments for the remaining thirteen (13) elements, due to the fact that the data
collection and analysis for the Transportation Element, incorporated as attached as Exhibit "B,"
was complete and ready for adoption, while the other required more time for completion; and
WHEREAS, on September 18, 2017, the City notified the DEO that it was extending the
deadline to submit its adopted EAR -based amendments for the Transportation Element only to
February 1, 2018; and
WHEREAS, because these EAR -based amendments affect changes to policies in the
five (5) Elements, seven (7) changes to the Land Use Element, one (1) change to the Housing
Element, one (1) change to the Parks Element, two (2) changes to the Capital Improvements
Element, and six (6) changes to the Intergovernmental Coordination Element are included in
this adoption to prevent internal conflicts in the MCNP; and
WHEREAS, the City intends to bring the remaining thirteen (13) elements of the MCNP
for adoption before the November 28, 2018 deadline once all data collection and analysis have
been completed; 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
hereby adopted by reference and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the MCNP, is hereby amended by
amending the text of the Goals, Objectives, and Policies of said Ordinance as attached in
Exhibit "A".'
Section 3. The City Manager is directed to instruct the Director of Planning to
immediately transmit certified copies of this Ordinance and the City's amended MCNP to the
DEO, Tallahassee, Florida; South Florida Regional Planning Council, Hollywood, Florida; the
Planning Director of Miami -Dade County; and any other public official or government reviewing
agency for statutory mandated review pursuant to Section 163.3184 Florida Statutes, the State
Coordinated Review Process.
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 shall not be affected.
Section 5. Under the State Coordinated Review process, this Ordinance shall become
effective after second reading and adoption thereof and the publishing of State Land Planning
Agency's "Notice of Intent," pursuant and subject to Section 163.3184, Florida Statutes.2
' 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.
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 File ID: 1034 (Revision: 8) Printed On: 3/22/2018
APPROVED AS TO FORM AND CORRECTNESS:
1
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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: 1034 (Revision: 8) Printed On: 3/22/2018