HomeMy WebLinkAboutPZAB (5747) Resolution0, OP �City of Miami City Hall
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Pan American Drive
PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-19-017
File ID: 5747 Final Action Date: 5/1/2019
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD
RECOMMENDING DENIAL OF 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 EXPEDITED STATE REVIEW PROCEDURES, PURSUANT TO
§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, segregating away general commercial uses from this FLUM designation can
increase automobile dependency, promote sprawl, and decrease the efficient use of land
unnecessarily; 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 greatest designation out of fifteen (15) designations, comprising 2,105 acres of land
within the City; 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, as amended, ("Miami 21"); and
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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
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") held a duly noticed
public hearing; and
WHEREAS, the PZAB, after careful consideration of this matter, recommends denial of
the proposed MCNP amendment to the City Commission via the Expedited State Review
process;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The PZAB recommends denial to the City Commission of the proposed
amendment to Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood
Plan, pursuant to Expedited State Review procedures subject to Section 163.3184(3), Florida
Statutes, by not 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, and major transportation facilities and public utilities, and general
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.
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 PZAB finds that the Comprehensive Plan amendment:
(a) Is not necessary due to changed or changing conditions;
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(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;
(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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately upon its adoption.
Francisco Garcia, Director
Department of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
5)/�j� 2- 01
Execution Date
Personally appeared before me, the undersigned authority, Frte 0 l�� , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS ILO"\DAY OF
1 16vta (,tt,t")_201eZ
Print Notary Name /
Personally know V or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath
2019.
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My Commission Expires:
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SILVIAGONZALEZ
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MY COMMISSION # GG 051561
EXPIRES: November 30, 2020
Bonded Thru Notary Public Underwriters
City of Miami Page 3 of 3 File ID: 5747 (Revision: D) Printed On: 511412019