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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 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.
APPLICANT: Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami
PURPOSE: This will amend the Interpretation of the 2020 Future Land Use Map for the
"Major Institutional, Public Facilities, Transportation and Utilities" Future Land Use
Designation so that general commercial uses will be permissible, subject to applicable
land development regulations.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: Recommended denial on May 1, 2019,
by a vote of 8 to 1.
City of Miami File ID: 5899 (Revision: A) Printed On: 11/20/2019
City of Miami City Hall
_
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
.; Ordinance www.miamigov.com
Enactment Number:13870
File Number: 5899 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.
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 File ID: 5899 (Revision: A) Printed On: 11/20/2019
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
Residential" or if applicable the least intense abutting/adjacent residential zoning district, subject
to the same limiting conditions.
' 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: 5899 (Revision: A) Printed On: 11/20/2019
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
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
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: 5899 (Revision: A) Printed On: 11/20/2019
APPROVED AS TO FORM AND CORRECTNESS:
ria ' ndez, ity ttor ley 6113/2019 ria ndez, Cify Attor ley 911212019
City of Miami File ID: 5899 (Revision: A) Printed On: 1112012019