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July 16, 2018
Mr. Kenneth Pye, Field Operations Supervisor
605 Suwannee Street, MS 22
Tallahassee, Florida 32399
Subject: City of Miami Amendments, Miami Comprehensive Neighborhood Plan
Dear Mr. Pye:
I have reviewed the proposed amendment to the Miami Comprehensive Neighborhood Plan
(MCNP) proposed to address the issue of permitting certain commercial uses, among them
outdoor advertising facilities, in areas designated as "Major Institutional, Public Facilities,
Transportation and Utilities." The language proposed add the phrase, "...and general
commercial activities intended to serve the needs of the public" to the definition of the MCNP
category.
The MCNP was originally adopted on February 9, 1989, and has been amended a number of
times since that original adoption. The proposed amendment will add language to clarify the
types of uses to be allowed in the Major Institutional, Public Facilities, Transportation and
Utilities category. The full text of the amendment, with the amended language underlined or
stricken through, is as follows:
"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, 4444
major transportation facilities and public utilities, and Reneral 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
Mr. Kenneth Pye, Field Operations Supervisor
July 16, 2018
Page 2
Central Business District allow a maximum FLR of 37.0 times the net lot area of
the subject property."
As you may recall, the primary concern registered with the prior language was that a specific
designation of the types of commercial activities to be permitted in this district was not
included in its definition. Given that the designation of the land use category was one intended
to locate facilities for federal, state and local government activities, major public or private
health, recreational, cultural, religious or educational activities, major transportation facilities
and public utilities, I had determined that there was no indication that activities which were
solely commercial in nature, that is without a public service component, were not legitimately
to be placed in this category.
With the addition of this language, however, it is clear commercial uses, serving the general
public, are a permitted use. Placement of outdoor advertising in such a district would appear
consistent with the language found in Section 479.01(4), F. S. defining commercial uses to
include activities associated with the sale, rental, or distribution of products or the performance
of services. According to the definition, the term includes, but is not limited to, such uses or
activities as retail sales; wholesale sales; rentals of equipment, goods, or products; offices;
restaurants; food service vendors; sports arenas; theaters; and tourist attractions.
Based upon the amended language, so long as a parcel is zoned for commercial use, and not
used exclusively for non-commercial uses, and the parcel can reasonably accommodate the
commercial use under the land use development regulations through its size, configuration,
access, setbacks, buffers, parking, and the provision of necessary utilities, it is my opinion that it
could conform to the necessary statutory elements for an outdoor advertising use.
If there are additional questions regarding this matter, please do not hesitate to contact me.
Regards,
Morris-Depew Associates, Inc.
David W. Depew, PhD, AICP, LEED AP
President