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Home My WebLink AboutO-13870File Number: 5899 City of Miami Legislation Ordinance: 13870 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/24/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, FLORIDA, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES UNDER SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR "MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES" TO ALLOW GENERAL COMMERCIAL USES WITHIN THIS FUTURE LAND USE DESIGNATION; MAKING FINDINGS; CONTAINING SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Wifredo (Willy) Gort WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") was adopted on February 9, 1989 by Ordinance No. 10544 pursuant to Chapter 163, Florida Statutes; and WHEREAS, the MCNP includes the City of Miami's ("City") 2020 Future Land Use Map ("FLUM") and the Interpretation of the 2020 Future Land Use Map, which generally describes uses allowed in each Future Land Use Designation contained within the FLUM; and WHEREAS, nine percent (9%) of the land within the City is designated as "Major Institutional, Public Facilities, Transportation and Utilities" on the FLUM, making this designation the fourth (4t") greatest designation out of fifteen (15) and comprising 2,105 acres of land within the City; and WHEREAS, segregating general commercial uses from this FLUM designation can increase automobile dependency, promote sprawl, and decrease the efficient use of land unnecessarily; and WHEREAS, the "Major Institutional, Public Facilities, Transportation and Utilities" FLUM designation allows nonresidential uses; and WHEREAS, the corresponding zoning designations for "Major Institutional, Public Facilities, Transportation and Utilities" FLUM designation are Civic Institutional ("Cl") and Civic Institutional — Health District ("CI -HD"); and WHEREAS, the land development regulations for Cl and CI -HD permit general commercial uses pursuant to Article 4, Table 3 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City's Planning Department wishes to clarify in the MCNP that general commercial uses are permissible in the "Major Institutional, Public Facilities, Transportation and Utilities" Future Land Use Designation; and City of Miami Page 1 of 4 File ID: 5899 (Revision: A) Printed On: 11/20/2019 File ID: 5899 Enactment Number: 13870 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 1, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-017 by a vote of eight to one (8-1), Item No. PZAB.5, recommending denial of the proposed text change to the MCNP; and WHEREAS, the City Commission held a duly noticed public hearing; and WHEREAS, the City's Planning Department transmitted the proposed amendment to the following regulatory agencies required by Chapter 163, Florida Statutes, for the expedited state review: - Department of Economic Opportunity; - Department of Environmental Protection; - Department of State; - Department of Transportation; - South Florida Regional Planning Council; - South Florida Water Management District; and - Miami -Dade County Department of Regulatory and Economic Resources Planning Division; and WHEREAS, all comments received by the agencies as provided in Exhibit "A," attached and incorporated, reflect no guidance for changing the proposed amendment; and WHEREAS, the City Commission, after careful consideration of this matter, adopts the proposed MCNP amendment via the Expedited State Review process; NOW, THEREFORE, BE IT ORDAINED BY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: 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. The City Commission adopts the proposed amendment to the MCNP, pursuant to Expedited State Review procedures and subject to Section 163.3184(3), Florida Statutes, by making the amendments as described below.' "INTERPRETATION OF THE 2020 FUTURE LAND USE MAP Major Institutional, Public Facilities, Transportation and Utilities: Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, aP4 major transportation facilities and public utilities, and aeneral commercial activities intended to serve the needs of the public. Residential facilities ancillary to these uses are allowed up to a maximum density equivalent to "High Density Multifamily ' 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 4 File ID: 5899 (Revision: A) Printed on: 11/20/2019 File ID: 5899 Enactment Number: 13870 Residential' or if applicable the least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses such as commercial and office to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Health / Civic Center District allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Properties designated "Major Institutional, Public Facilities, Transportation and Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 times the net lot area of the subject property. *„ Section 3. The City Commission finds that the 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 Interpretation of the 2020 Future Land Use Map; (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; and (e) Complies with the applicable density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act, if applicable. Section 4. The City Manager is directed to instruct the Director of the Planning Department, within (10) working days after Second Reading, to transmit the adopted amendment with all supporting data and analysis to the State Land Planning Agency and all commenting agencies for final review, as specified in Section 163.3184, Florida Statutes. Section 5. 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 6. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the MCNP, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 7. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State 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 Land Planning City of Miami Page 3 of 4 File ID: 5899 (Revision: A) Printed on: 11/20/2019 File ID: 5899 Enactment Number: 13870 Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: "Af , P-� 'LZ ria ndez, `ity ttorhey _� 6/13/2019 ria ndez, ity ttorney 9112/2019 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 Page 4 of 4 File ID: 5899 (Revision: A) Printed on: 11/20/2019