miami comprehensive neighborhood plan (mcnp) and

City of Miami Planning and Zoning Department Community Planning Division

Miami Comprehensive Neighborhood Plan (MCNP) and

Evaluation and Appraisal Review (EAR)

Comprehensive Planning

Comprehensive planning is a process that determines community goals and visions in terms of community development. The outcome of this wide-range planning effort is the Comprehensive Plan, which dictates public policy in relation to transportation, utilities, land use, recreation, and housing, among others. Comprehensive plans serve as the foundation for all land use decisions. Florida Statute 163, required that City of Miami adopt a comprehensive plan and land development regulations to implement the plan. The City of Miami has complied with this state mandate and created the Miami Comprehensive Neighborhood Plan (MCNP), which was adopted as Ordinance 10544 on February 9, 1989. The MCNP guides the City’s existing and future development. Characteristics of the Miami Comprehensive Neighborhood Plan

The MCNP is broad and general in nature and provides a decision making framework for land

use, future development and infrastructure improvements. Additionally, since the MCNP can

address issues years in the future, the plan does not map a highly specific path. Instead, the

MCNP guides the way towards achieving goals, objectives and policies. The MCNP provides a

“master plan” of sorts, that the City of Miami considers when making development decisions.

The MCNP must be functionally all-encompassing. Given that growth and change can affect every

aspect of the City, it is imperative that the MCNP address many aspects of our community’s future;

and addresses the City as a whole through its various elements.

Similar to chapters in a book, the MCNP consists of 14 elements, which contains goals, objectives and policy’s (GOP’s), guiding principles for the implementation of the plan. It’s helpful to understand how they function.

Goals - long-term end toward which programs or activities are ultimately directed; Objectives - specific, measurable, intermediate end that is achievable and marks progress

toward the goal; and Policies - ways in which programs and activities are conducted to achieve an identified

goal. The elements within the MCNP are: Future Land Use, Housing, Sanitary and Storm Sewers, Natural Groundwater Aquifer Recharge, Potable Water, Solid Waste Collection, Transportation, Ports, Aviation, and Related Facilities, Parks, Recreation and Open Space, Coastal Management, Natural Resource Conservation, Education, Capital Improvements, and Intergovernmental Coordination.

of 5 MCNP and EAR Workshop

Implementation of a Miami Comprehensive Neighborhood Plan

With the MCNP in place, our community, including potential residents and developers have

advance knowledge of the intentions of the City. However, implementation of the Miami

Comprehensive Neighborhood Plan (MCNP) takes place though the following tools:

Subdivision Regulations- Chapter 55 of the City Code of Ordinances

Land Development Regulations - Miami 21

Design Standards, Development and Preservation Strategies - Master Plans (Parks and Public

Space, Coconut Grove Waterfront, Virginia Key, etc.)

Detailed Housing Plans and Implementation Programs - Consolidated Plan (Department of

Community Development, HUD & State funding)

Building Code - Official Florida State Code and National Building Standards

Historic Preservation Regulations - Miami City Code Chapter 23

The above methods are among a few ways of implementing the MCNP and guiding future

development. The City of Miami can use these tools to prevent unwanted development and its

undesirable side effects. For example, the City’s Code (Miami 21) states the following:

2.1.1 Title and Purpose

a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is declared to be in accord with the Miami Comprehensive Neighborhood Plan, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes (the “Comprehensive Plan”). A primary purpose of this Code is to implement the Comprehensive Plan.

b. It is further the purpose of the Miami 21 Code to promote the public health, safety, morals, convenience, comfort, amenities, prosperity, and general welfare of the City and to provide a wholesome, serviceable, and attractive community, including without limitation protection of the environment; conservation of land, energy and natural resources; improved mobility; more efficient use of public funds; greater health benefits of a pedestrian environment; historic preservation; provision of recreational and open spaces; reduction of sprawl; and improvement of the built environment and human habitat.

c. To further the goals and objectives of the Comprehensive Plan and the

purpose of this Code, the City is divided into Transect Zones (“T-Zones”)

of such number, characteristics, area, common unity of purpose,

adaptability, or use as will accomplish the goals and objectives of the

Comprehensive Plan and this Code.


Evaluation and Appraisal Review (EAR) of the MCNP – Process Overview: The MCNP is the City’s policy framework for existing and future development. The MCNP’s, Elements goals, objectives, and policies reflect the City’s vision for its existing and future development. The MCNP also evaluates how the City will meet the needs of existing and future residents, visitors, and development. Pursuant to section 163.3191 of the Florida Statutes, the City of Miami is required to review MCNP to ensure it conforms to state statutes and responds to changes in local and regional conditions. The City of Miami will amend its comprehensive plans based on the results of the Evaluation and Appraisal Review (EAR). The components that are included in the City’s EAR based amendments are divided into three categories: state statute requirements, public input, and staff recommendations. The EAR is a State mandated assessment of the MCNP is to ensure that all current State statutory requirements are met. In addition to the State requirements, the EAR process provides an opportunity to assess the MCNP to ensure it reflects the City’s vision for its future and to measure the work accomplished in other efforts. In order to be effective, the MCNP must be flexible and adaptable to changing conditions and concerns. Through the EAR process, the City will update the MCNP in two phases. Phase I includes preparation of the EAR of the City’s current MCNP to comply with Florida statutes and to complete an update to the appendices and maps. In Part II, the City will update MCNP, to promote and incorporate the goals, objectives, and policies provided by the public’s feedback in our outreach meetings. The City’s goal is to provide the most up-to-date document for Miami’s residents, neighbors, and the development community.

Changes to the Florida State Statutes:

Changes to the Florida State Statutes since 2005 will be addressed in the MCNP amendments.

These changes are prepared and reviewed by the Community Planning Division staff Not all regulatory changes are applicable to the City of Miami, others are merely

procedural on the state level and do not require local action. Most changes require revisions to the goals, objectives, and policies within the MCNP.

Community Input:

Multiple public meetings were held to obtain input about important issues facing the City; this input will be taken into consideration in the updates to the MCNP.

The input obtained from these meetings will steer new policies and the updating of existing ones.

Staff will also incorporate public input into policy recommendations based on planning analysis.


Staff has conducted the first of a series of meetings with the public in April and May 2016.

Outreach meetings were held in each Commission District. Major issues identified in the

outreach meeting are below:

Community Priorities April and May 2016

D1 D2 D3 D4 D5 TOTAL

Green and Open Space 4 9 10 11 12 46

Mobility 3 33 16 14 16 82

Infrastructure 4 19 10 11 13 57

Culture & Arts 0 7 6 1 8 22

Code Enforcement 1 8 3 13 10 35

Climate Change 3 14 6 4 12 39

Housing 2 14 12 4 4 36

Economic Development 1 8 8 3 11 31

Staff will continue to conduct outreach meetings through continue through 2017.

0102030405060708090

EAR COMMUNITY PRIORITIES BOARD DATAApril and May 2016

EAR Priorities 2016 D1 EAR Priorities 2016 D2 EAR Priorities 2016 D3

EAR Priorities 2016 D4 EAR Priorities 2016 D5 EAR Priorities 2016 TOTAL


Staff Recommendations and EAR Process:

While there are other opportunities to revise the MCNP, these revisions often occur as the result of outside development applications. The EAR process allows the City to take an all-encompassing look at how well the MCNP is functioning, and how it may be enhanced to address specific community issues.

Planning staff will develop policies and recommendations based on research of best practices in comprehensive planning and current issues.

Updates to comprehensive plan policies will be guided by input from community stakeholders and evidence based research from other communities.

Many components of the comprehensive plan have deadlines for follow-up work to be completed. These deadlines will be addressed by reassessing policy, recommendation relevance and feasibility.

The MCNP amendments will travel through the State Coordinated Review Amendment process, which includes:

Development of comprehensive plan text amendments.

Review and approval by the Planning, Zoning, and Appeals Board and the Miami City Commission.

Transmittal to the state Department of Economic Opportunity (DEO) for review by state

agencies.

Department of Economic Opportunity (DEO) issues objections, recommendations, and comments (ORCs) report.

After comments within the ORCs report are addressed, EAR amendments are brought

back to the Miami City Commission for adoption.

Adopted amendments are transmitted to DEO for verification that the amendments are compliant with Florida Statutes.

As major issues are identified, they must evaluated from the perspective of the current MCNP and its implementation. The successes of the MCNP should be recognized and recommendations for changes to portions that have not been successful are crafted. This process ensures that City of Miami’s Comprehensive Plan remains an effective foundation for growth management. Based on this EAR comments for the MCNP, staff will make suggestions and revisions to better address community objectives, changing conditions/trends affecting the community and changes in state requirements.

JYE 5-20-2016

Statutory�Changes�to�the�Community�Planning�Act�(Chapter�163,�Part�II,�Florida�Statutes):�

1986��2015��

1��

Contents��

1986:�Chapter�86�191,�sections�7�–�12�and�18��31,�Laws�of�Florida�.........................................................�…3�

1987�Chapter�87�224,�sections�24,�25�and�26�(Reviser’s�bill)�and�Chapter�87�338,�Laws�of�Florida�.........�…4�

1988,�1989,�and�1990�[None]�....................................................................................................................�…4�

1991:�Chapter�91�45,�sections�31�and�32,�Laws�of�Florida�...........................................................................�4�

1992:�Chapters�92�129�and�92�279,�Laws�of�Florida�....................................................................................�4�

1993:�Chapter�93�206�(the�ELMS�bill)�and�Chapter�93�285,�section�12,�Laws�of�Florida�.............................�6�

1994:�Chapter�94�273,�section�4,�Laws�of�Florida�.......................................................................................�10�

1995:�Chapter�95�181,�sections�4�5,�Chapter�95�257,�sections�2�3,��Chapter�95�310,�sections�7�12,�Chapter�95�322,�sections�1�7,�and�Chapter�95�341,�sections�9,�10,�and�12,�Laws�of�Florida�.........�.10�

1996:�Chapter�96�205,�section�1,�Chapter�96�320,�sections�10�11,�and�Chapter�96�416,�sections�1�6,�15,�Laws�of�Florida�.................................................................................................................................�.11�

1997:�Chapter�97�253,�sections�1�4,�Laws�of�Florida�.................................................................................�.12�

1998:�Chapter�98�75,�section�14,�Chapter�98�146,�sections�2�5,�Chapter�98�176,�sections�2�6�and�12�15,�and�Chapter�98�258,�sections�4�5,�Laws�of�Florida�.........................................................................�.13�

1999:�Chapter�99�251,�sections�65�6,�and�90,�and�Chapter�99�378,�sections�1,�3�5,�and�8�9,�Laws�of�Florida�...............................................................................................................................................�14�

2000:�Chapter�2000�158,�sections�15�17,�Chapter�2000�284,�section�1,�and�Chapter�2000�317,�section�18,�Laws�of�Florida]�...........................................................................................................................�15�

2001:�Chapter�2001�279,�section�64,�Laws�of�Florida…………………………………………………………………………….15�

2002:�Chapter�2002�296,�sections�1��11,�Laws�of�Florida�..........................................................................�15�

2003:�Chapter�03�1,�sections�14�15,�Chapter�03�162,�section�1,�Chapter�03�261,�section�158,�and�Chapter�03�286,�section�61,�Laws�of�Florida�..................................................................................................�18�

2004:�Chapter�04�5,�section�11,�Chapter�04�37,�section�1,�Chapter�04�230,�sections�1�4,�Chapter�04�372,�sections�2�5,�Chapter�04�381,�sections�1�2,�and�Chapter�04�384,�section�2,�Laws�of�Florida�..........�19�

2005:�Chapter�2005�157,�sections�1,�2�and�15,�Chapter�2005�290,�and�Chapter�2005�291,�sections�10�12,�Laws�of�Florida�..................................................................................................................................�21�

2006�Chapters�2006�68,�2006�69,�2006�220,�2006�252,�2006�255,�and�2006�268,�Laws�of�Florida�.........�25�

2007:�Chapters�2007�196,�2007�198,�and�2007�204,�Laws�of�Florida�........................................................�28�

2008:�Chapters�2008�191�and�2008�227,�Laws�of�Florida�..........................................................................�30�

2009:�Chapters�2009�85�and�2009�96,�Laws�of�Florida�..............................................................................�31�


1986��2015��

2��

2010:�Chapters�2010�5,�2010�33,�2010�70,�2010�102,�2010�182,�2010�205,�and�2010�209,�Laws�of�Florida�..........................................................................................................................................................�32�

2011:�Chapter�2011�139,�Laws�of�Florida�...................................................................................................�33�

2012:�Chapters�2012�5,�2012�75,�2012�83,�2012�90,�2012�96�and�2012�99,�Laws�of�Florida�...................�47�

2013:�Chapters�2013�15,�2013�78,�2013�115,�2013�213,�2013�224�and�2013�239,�Laws�of�Florida�.........�51�

2014:�Chapters�2014�93,�2014�178,�and�2014�218,�Laws�of�Florida�..........................................................�59�

2015:�Chapters�2015�30�and�2015�69,�Laws�of�Florida……………………………………………………………………..……60��

�

� �


1986��2015��

3��

1986:�[Chapter�86�191,�sections�7�–�12�and�18��31,�Laws�of�Florida]�1. Section�163.3177(6)(c)�

� The�requirement�that�plans�include�soil�surveys�which�indicate�the�suitability�of�soils�for�septic�tanks�moved�from�the�Capital�Improvements�Element�to�the�General�Sanitary�Sewer,�Solid�Waste,�Drainage,�Potable�Water�and�Natural�Groundwater�Aquifer�Recharge�Element,�by�striking�section�163.3177(3)(a)4.,�and�adding�the�last�sentence�to�section�163.3177(6)(c).�

2. Section�163.3177(6)(a)�� A�Future�Land�Use�Element�must�have�"goals,�policies,�and�measurable�objectives,"�

rather�than�"measurable�goals,�objectives,�and�policies."��3. Section�163.3177(9)(c)�

� Eliminated�the�12�month�delay�for�consistency�with�the�comprehensive�regional�policy�plans.�

4. Section�163.3177(10)�� Approved�Rule�Chapter�9J�5,�Florida�Administrative�Code.�� Defined�"consistency,"�"compatible�with,"�and�"furthers."�� Required�each�local�government�to�review�and�address�all�State�Comprehensive�Plan�

provisions�relevant�to�that�jurisdiction.�� Support�data�shall�not�be�subject�to�the�compliance�review�process,�but�that�goals�and�

policies�must�be�clearly�based�on�appropriate�data.�The�Department�of�Community�Affairs�authorized�to�reject�data�if�not�collected�in�a�professionally�accepted�manner,�but�forbidden�to�require�a�particular�professionally�accepted�methodology.�9J�5�does�not�require�original�data�collection.�

� Recognized�that�local�governments�are�charged�with�setting�level�of�service�standards.�� Public�facilities�and�services�needed�to�support�development�shall�be�available�

concurrent�with�the�impacts�of�development.�� Established�the�"shield"�against�rule�challenges�to�Chapter�9J�5�until�July�1,�1987.�

5. Section�163.3178(2)(k)�� Required�the�comprehensive�master�plan�for�each�deepwater�port�to�be�submitted�to�

the�appropriate�local�government�at�least�6�months�before�the�due�date�of�the�local�plan;�defined�"appropriate�local�government,"�and�provided�for�sanctions�for�deepwater�ports�which�are�not�part�of�a�local�government�and�which�fail�to�submit�their�comprehensive�master�plan.�

6. Section�163.3184�� Substantially�reworded�section�163.3184,�"Process�for�adoption�of�comprehensive�plan�

or�amendment�thereto".�7. Section�163.3187(1)(b)�

� Exempted�Florida�Quality�Developments�from�the�twice�a�year�limitation�on�adoption�of�plan�amendments.�

8. Section�163.3187(1)(c)�


1986��2015��

4��

� Exempted�small�scale�amendments�from�the�twice�a�year�limitation�on�adoption�of�plan�amendments.�

9. Section�163.3191(1)�&�(4)�� Required�the�local�government's�evaluation�and�appraisal�report�to�be�transmitted�to�

the�state�land�planning�agency,�and�required�the�governing�body�of�the�local�government�to�adopt,�or�adopt�with�changes,�the�local�planning�agency's�report�within�90�days�after�receipt.�Authorized�transmittal�of�the�evaluation�and�appraisal�report�plan�amendments,�rather�than�the�entire�plan�as�amended,�to�the�state�land�planning�agency.�

10. Section�163.3202(2)(g)�� Delayed�implementation�of�concurrency�until�1�year�after�due�date�for�submittal�of�the�

comprehensive�plan.�11. Section�163.3220�.3243�(2014)�

� Initial�adoption�of�the�Florida�Local�Government�Development�Agreement�Act.�

1987�[Chapter�87�224,�sections�24,�25�and�26�(Reviser’s�bill)�and�Chapter�87�338,�Laws�of�Florida]�

1. Section�163.3167(2)�(2014)�� Extended�date�for�the�state�land�planning�agency�to�adopt�a�schedule�for�submittal�of�

local�comprehensive�plans�from�October�1,�1986,�to�October�1,�1987,�and�extended�the�latest�date�for�submission�by�non�coastal�counties�from�July�1,�1990,�to�July�1,�1991.�

1988,�1989,�and�1990�[None]�

1991:�[Chapter�91�45,�sections�31�and�32,�Laws�of�Florida]�1. No�substantive�changes.�

1992:�[Chapters�92�129�and�92�279,�Laws�of�Florida]�1. Section�163.3189(2)(a)�(2014)�

� Clarified�that�the�procedures�for�approval�of�the�original�plans�also�applied�to�plan�amendments.�

2. Sections�163.3174,�163.3164(13)�[2014�cite:�(14)],�163.3221(10)[2014�cite:�(11)]�� Provided�that�the�local�planning�agency�should�prepare�plan�amendments.�

3. Section�163.3164(24)�� Added�"spoil�disposal�sites�for�maintenance�dredging�located�in�the�intracoastal�

waterways,�except�for�spoil�disposal�sites�owned�or�used�by�ports"�to�the�definition�of�"public�facilities."�

4. Section�163.3177(6)(h)2.�[2014�cite:�163.3177(6)(h)3.]�


1986��2015��

5��

� Added�requirement�that�independent�special�districts�submit�a�public�facilities�report�to�the�appropriate�local�government.�

5. Section�163.3177(10)(k)�� Extended�"shield"�against�challenges�to�the�portion�of�Rule�9J�5�that�was�adopted�

before�October�1,�1986,�from�July�1�1987�to�April�1,�1993.�6. Section�163.3177�

� �(11)(a):�Recognized�the�need�for�innovative�planning�and�development�strategies�to�address�the�anticipated�continued�urbanization�of�the�coast�and�other�environmentally�sensitive�areas.�

� (11)(b):�Stated�that�plans�should�allow�land�use�efficiencies�within�existing�urban�areas,�and�should�also�allow�for�the�conversion�of�rural�lands�to�other�uses.�

� (11)(c):�Provided�that�plans�and�land�development�regulations�(LDRs)�should�maximize�the�use�of�existing�facilities�and�services�through�redevelopment,�urban�infill,�and�other�strategies�for�urban�revitalization.�

7. Section�163.3184(1)(a)�� Amended�definition�of�"affected�person"�to�clarify�that�the�affected�person's�comments,�

recommendations,�or�objections�have�to�be�submitted�to�the�local�government�at�or�after�the�transmittal�public�hearing�for�the�plan�amendment�and�before�the�adoption�of�the�amendment.��

8. Section�163.3184(3)(b)�� Required�the�local�government�to�include�within�each�plan�amendment�transmittal�such�

materials�as�the�state�land�planning�agency�specifies�by�rule.�9. Section�163.3184(7)(a),�[2014�cite:�163.3184(7)(c)1]�

� Gave�the�local�government�120�days,�rather�than�60�days,�after�receipt�of�the�objections,�recommendations,�and�comments�to�adopt�or�adopt�with�changes�the�plan�or�amendment;�and�gives�the�local�government�10�days,�rather�than�5�days,�after�adoption�to�transmit�the�adopted�plan�or�amendment�to�the�state�land�planning�agency.�Also�requires�that�a�copy�of�the�adopted�plan�or�amendment�be�transmitted�to�the�regional�planning�council.�

10. Section�163.3184(8)(b)�� Provided�that�the�Secretary�of�the�state�land�planning�agency,�as�well�as�a�"senior�

administrator�other�than�the�Secretary"�can�issue�a�notice�of�intent.�11. Section�163.3184(9)(b)�&�(10)(a)�

� Required�that�the�Division�of�Administrative�Hearings�hearing�must�be�held�"in�the�county�of�and�convenient�to"�the�affected�local�jurisdiction.�

12. Section�163.3184(10)(a)�� Provided�that�in�an�administrative�challenge�to�a�plan�or�plan�amendment,�new�issues�

cannot�be�raised�concerning�plan�compliance�more�than�21�days�after�publication�of�the�notice�of�intent.��

13. Section�163.3184(16)�� Added�a�procedure�for�Compliance�Agreements.��


1986��2015��

6��

14. Section�163.3187(1)(c)�� Changed�the�requirements�for�small�scale�amendments:�

� Increased�the�geographic�size�from�5�to�10�acres�of�residential�land�use�at�a�density�of�10,�rather�than�5,�units�per�acre;�and�for�other�land�use,�an�increase�from�3�to�10�acres.�Also�increased�the�annual�maximum�acreage�for�small�scale�amendments�from�30�to�60�acres.�

� Allowed�local�governments�to�use�a�newspaper�ad�of�less�than�a�quarter�page�in�size.�

� Authorized�the�state�land�planning�agency�to�adopt�rules�establishing�an�alternative�process�for�public�notice�for�small�scale�amendments.�

� Provided�that�small�scale�amendments�require�only�an�adoption�public�hearing.�15. Section�163.3187(1)(e),�[2014�cite:�163.3187(1)(d)]�

� Provided�that�a�plan�amendment�required�by�a�compliance�agreement�may�be�approved�without�regard�to�the�twice�a�year�limitation�on�adoption�of�plan�amendments.�

16. Section�163.3187(5)�� Stated�that�nothing�in�the�statute�prevented�a�local�government�from�requiring�a�person�

requesting�an�amendment�to�pay�the�cost�of�publication�of�notice.�17. Section�163.3189�

� Created�an�alternative�process�for�amendment�of�adopted�comprehensive�plans�18. Section�163.3191(5)�[2014�cite:�163.3191(13)]�

� Provided�that�the�first�evaluation�and�appraisal�report�is�due�6�years�after�the�adoption�of�the�comprehensive�plan,�and�subsequent�evaluation�and�appraisal�reports�are�due�every�5�years�thereafter.�

19. Section�163.3235,�163.3239�� Amended�the�Development�Agreement�Act�by�providing:�

� Development�agreements�are�not�effective�unless�the�comprehensive�plan�or�plan�amendment�related�to�the�agreement�is�found�in�compliance.�

� Development�agreements�are�not�effective�until�properly�recorded�and�until�30�days�after�received�by�the�state�land�planning�agency.�

1993:�[Chapter�93�206�(the�ELMS�bill)�and�Chapter�93�285,�section�12,�Laws�of�Florida]�

1. Section�1163.3161(9)�� Amended�the�intent�section�to�include�that�constitutionally�protected�property�rights�

must�be�respected.�2. Section�163.3164�

� Added�definitions�for�"coastal�area",�"downtown�revitalization",�"Urban�redevelopment",�"urban�infill",�“projects�that�promote�public�transportation",�and�"existing�urban�service�area."�


1986��2015��

7��

3. Section�163.3167(11)�� Amended�the�scope�of�the�act�to�provide�for�the�articulation�of�state,�regional,�and�local�

visions�of�the�future�physical�appearance�and�qualities�of�a�community.�4. Section�163.3177(6)(f)1.�and�(f)2.�

� Amended�the�requirements�for�the�housing�element�by:�� Having�the�element�apply�to�the�jurisdiction,�rather�than�the�area.�� Including�very�low�income�housing�in�the�types�of�housing�to�be�considered.�� Provided�guidance�that�the�creation�or�preservation�of�affordable�housing�should�minimize�the�need�for�additional�local�services�and�avoid�the�concentration�of�affordable�housing�units�only�in�specific�areas.�

� Required�the�state�land�planning�agency�to�prepare�an�affordable�housing�needs�assessment�for�all�local�jurisdictions,�which�will�be�used�by�each�local�government�in�preparing�the�evaluation�and�appraisal�report�and�amendments,�unless�the�state�land�planning�agency�allows�the�local�government�to�prepare�its�own�needs�assessment.�

5. Section�163.3177(6)(h)1.�and�2.,�[2014�cites:�163.3177(9)(h),�163.3177(9)(h),�163.3177(6)(h)5]�� Amended�the�intergovernmental�coordination�element�by:�

� Requiring�each�intergovernmental�coordination�element�to�include:�� A�process�to�determine�if�development�proposals�will�have�significant�

impacts�on�state�or�regional�facilities.�� A�process�for�mitigating�extrajurisdictional�impacts�in�the�jurisdiction�in�

which�they�occur.�� A�dispute�resolution�process.�� A�process�for�modification�of�DRI�development�orders�without�loss�of�

recognized�development�rights.�� Procedures�to�identify�and�implement�joint�planning�areas.�� Recognition�of�campus�master�plans.�� Requiring�each�county,�all�municipalities�within�that�county,�the�school�

board,�and�other�service�coordination�element�providers�to�enter�into�formal�agreements,�and�include�in�their�plans,�joint�processes�for�collaborative�planning�and�decision�making.�

� Requiring�the�state�land�planning�agency�to:�� Adopt�rules�to�establish�minimum�criteria�for�the�intergovernmental�

coordination�element.�� Prepare�a�model�intergovernmental�coordination�element.�� Establish�a�schedule�for�phased�completion�and�transmittal�of�

intergovernmental�coordination�element�plan�amendments.�6. [2014�cite:�Section�163.3177(6)(h)5.]�

� Providing�that�amendments�to�implement�the�intergovernmental�coordination�element�must�be�adopted�no�later�than�December�31,�1997].�


1986��2015��

8��

7. Section�163.3177(6)(h),�[2014�cite:�Section�163.3177(6)(j)]�� Requiring�a�transportation�element�for�urbanized�areas.�

8. Section�163.3177(7)(l)�� Adding�an�optional�hazard�mitigation/post�disaster�redevelopment�element�for�local�

governments�that�are�not�required�to�have�a�coastal�management�element.�9. Section�163.3177(10)(l)�

� Requiring�the�state�land�planning�agency�to�consider�land�use�compatibility�issues�near�airports.�

10. Section�163.3178(2)(h),�(5),�(6),�(7),�(8)�� Amended�the�coastal�management�element�by:�

� Defining�"high�hazard�coastal�areas"�as�category�I�evacuation�zones,�and�stated�that�mitigation�and�redevelopment�policies�are�at�the�discretion�of�the�local�government.�

� Affirming�the�state's�commitment�to�deepwater�ports,�and�required�the�section�186.509�dispute�resolution�process�to�reconcile�inconsistencies�between�port�master�plans�and�local�comprehensive�plans.��

� Encouraging�local�governments�to�adopt�countywide�marina�siting�plans.�� Requiring�coastal�local�governments�to�identify�spoil�disposal�sites�in�the�future�land�use�and�port�elements.�

� Requiring�each�county�to�establish�a�process�for�identifying�and�prioritizing�coastal�properties�for�state�acquisition.�

11. Section�163.3180�[New]�� Created�a�new�section�for�concurrency�which:�

� Provides�concurrency�on�a�statewide�basis�only�for�roads,�sewers,�solid�waste,�drainage,�potable�water,�parks�and�recreation,�and�mass�transit;�a�local�government�can�extend�concurrency�to�public�schools�if�it�first�conducts�a�study�to�determine�how�the�requirement�would�be�met.�

� Set�timing�standards�for�concurrency�of:�� For�sewer,�solid�waste,�drainage�and�potable�water�facilities,�in�place�no�

later�than�the�issuance�of�the�certificate�of�occupancy.�� For�parks�and�recreation�facilities,�no�later�than�1�year�after�issuance�of�

certificate�of�occupancy.�� For�transportation�facilities,�in�place�or�under�actual�construction�no�later�

than�3�years�after�issuance�of�a�certificate�of�occupancy.�� Allowing�exemptions�from�transportation�concurrency�for�urban�infill,�urban�redevelopment�and�downtown�revitalization.�

� Allowing�a�de�minimis�transportation�impact�of�not�more�than�0.1%�of�the�maximum�volume�of�the�adopted�level�of�service�coordination�element�as�an�exemption�from�concurrency.�

� Authorizing�the�designation�of�transportation�management�areas.�


1986��2015��

9��

� Allowing�urban�redevelopment�to�create�110%�of�the�actual�transportation�impact�caused�by�existing�development�before�complying�with�concurrency.�

� Authorizing�local�governments�to�adopt�long�range�transportation�concurrency�management�systems�with�planning�periods�of�up�to�10�years�where�significant�backlogs�exist.�

� Requiring�local�governments�to�adopt�the�level�of�service�coordination�element�standard�established�by�the�Department�of�Transportation�for�facilities�on�the�Florida�Intrastate�Highway�System.�

� Allows�development�that�does�not�meet�concurrency�if�the�local�government�has�failed�to�implement�the�Capital�Improvements�Element,�and�the�developer�makes�a�binding�commitment�to�pay�the�fair�share�of�the�cost�of�the�needed�facility.�

12. Section�163.3181(3)�� Provided�a�procedure�to�ensure�public�participation�in�the�approval�of�a�publicly�

financed�capital�improvements.�13. Section�163.3184�

� Amended�the�procedure�for�the�adoption�of�plans�and�plan�amendments�as�follows:�� Proposed�plans�or�amendments,�and�materials,�must�be�transmitted�to�the�regional�planning�councils,�the�water�management�districts,�the�Department�of�Environmental�Protection,�and�the�Department�of�Transportation�as�specified�in�the�state�land�planning�agency's�rules.�

� The�state�land�planning�agency�reviews�amendments�only�upon�the�request�of�the�regional�planning�council,�an�affected�person,�or�the�local�government,�or�those,�which�it�wishes�to�review.�

� The�regional�planning�council's�review�of�plan�amendments�is�limited�to�effects�on�regional�facilities�or�resources�identified�in�the�strategic�regional�policy�plan�and�extra�jurisdictional�impacts.�

� The�state�land�planning�agency�may�not�require�a�local�government�to�duplicate�or�exceed�a�permitting�program�of�a�state,�federal,�or�regional�agency.�

14. Section�163.3187(5),�[2014�cite:�Section�163.3187(6)(a)]�� Prohibited�local�governments�from�amending�their�comprehensive�plans�after�the�date�

established�for�submittal�of�the�evaluation�and�appraisal�report�unless�the�report�has�been�submitted.�

15. Section�163.3189(1)�� Changed�the�Alternative�Process�for�the�amendment�of�adopted�comprehensive�plans�

to�the�Exclusive�Process.�16. Section�163.3189(2)(a)�

� Provided�that�plan�amendments�do�not�become�effective�until�the�state�land�planning�agency�or�the�Administration�Commission�issues�a�final�order�determining�that�the�amendment�is�in�compliance.�

17. Section�163.3189(2)(b)�


1986��2015��

10��

� Provides�that�the�sanctions�assessed�by�the�Administration�Commission�do�not�occur�unless�the�local�government�elects�to�make�the�amendment�effective�despite�the�determination�of�noncompliance.�

18. Section�163.3189(3)(a)�� Authorizing�the�local�government�to�demand�formal�or�informal�mediation,�or�

expeditious�resolution�of�the�amendment�proceeding.�19. Section�163.3191�

� Amended�the�Evaluation�and�Appraisal�Report�section�of�the�statute.�

1994:�[Chapter�94�273,�section�4,�Laws�of�Florida]�1. Section�163.3187(1)(f),�[2014�cite:�Section�163.3187(1)(e)]�

� A�plan�amendment�for�the�location�of�a�state�correctional�facility�can�be�made�at�any�time,�and�does�not�count�toward�the�twice��a�year�limitation�on�adoption�of�plan�amendments.�

1995:�[Chapter�95�181,�sections�4�5,�Chapter�95�257,�sections�2�3,��Chapter�95�310,�sections�7�12,�Chapter�95�322,�sections�1�7,�and�Chapter�95�341,�sections�9,�10,�and�12,�Laws�of�Florida]�

1. Section�163.3184(10)(c)�� Required�opportunities�for�mediation�or�alternative�dispute�resolution�where�a�property�

owner’s�request�for�a�comprehensive�plan�amendment�is�denied�by�a�local�government�[section�163.3181(4)]�and�prior�to�a�hearing�where�a�plan�or�plan�amendment�was�determined�by�the�state�land�planning�agency�to�be�not�in�compliance.�

2. Section�163.3177(6)(j)9.��[New]�� Added�a�definition�for�“transportation�corridor�management”�[section�163.3164(30)]�

and�allowed�the�designation�of�transportation�corridors�in�the�required�traffic�circulation�and�transportation�elements�and�the�adoption�of�transportation�corridor�management�ordinances.�

3. Sections�163.3164(18),�163.3171(3),�163.3174(1)�and�(4),�163.3181(3)(a),�163.3184(15)(a)�(c),�163.3187(1)(c)�

� Amended�the�definition�of�“public�notice”�and�certain�public�notice�and�public�hearing�requirements�to�conform�to�the�public�notice�and�hearing�requirements�for�counties�and�municipalities�in�sections�125.66�and�166.041,�Florida�Statutes.�

4. Section�163.3167(12)�� Prohibited�any�initiative�or�referendum�process�concerning�any�development�order�or�

comprehensive�plan�or�map�amendment�that�affects�five�or�fewer�parcels�of�land.�5. Section�163.3184(8)(a)�

� Reduced�to�30�days�the�time�for�the�state�land�planning�agency�to�review�comprehensive�plan�amendments�resulting�from�a�compliance�agreement.�


1986��2015��

11��

6. Section�163.3184(8)(b)�� Amended�the�requirements�for�the�advertisement�of�the�state�land�planning�agency’s�

notice�of�intent.��7. Section�163.3184(16)(f)�

� Required�the�administrative�law�judge�to�realign�the�parties�in�a�Division�of�Administrative�Hearings�proceeding�where�a�local�government�adopts�a�plan�amendment�pursuant�to�a�compliance�agreement.�

8. Section�163.3187(1)(c)�and�(3)(a)�(c)�� Added�clarifying�language�relative�to�those�small�scale�plan�amendments�that�are�

exempt�from�the�twice�per�year�limitation�on�adoption�of�plan�amendments�and�prohibited�state�land�planning�agency�review�of�those�small�scale�amendments�that�meet�the�statutory�criteria�in�section�163.3187(1)(c).�

9. Section�163.3177(7)�� Required�the�state�land�planning�agency�to�consider�an�increase�in�the�annual�total�

acreage�threshold�for�small�scale�amendments.�(Repealed�by�Chapter�2000�158,�section�16,�Laws�of�Florida).�

10. Section�163.3174(1)�� Required�local�planning�agencies�to�provide�opportunities�for�involvement�by�district�

school�boards�and�community�college�boards.�11. Section�163.3177(6)(a)�

� Required�that�the�future�land�use�element�clearly�identify�those�land�use�categories�where�public�schools�are�allowed.�

12. Section�163.3180(1)(b),�[2014�cite:�Section�163.3180(13)]�� Established�certain�criteria�for�local�governments�wanting�to�extend�concurrency�to�

public�schools.�(Later�amended�by�Chapter�98�176,�section�5,�Laws�of�Florida).� �

1996:�[Chapter�96�205,�section�1,�Chapter�96�320,�sections�10�11,�and�Chapter�96�416,�sections�1�6,�15,�Laws�of�Florida]�

1. Section�163.3187(1)(c)�� Substantially�amended�the�criteria�for�small�scale�amendments�that�are�exempt�from�

the�twice��per�year�limitation�on�adoption�of�plan�amendments.�2. Section�163.3177(6)(g)9.�

� Revised�the�objectives�in�the�coastal�management�element�to�include�the�maintenance�of�ports.�

3. Section�163.3178(2),�(3),�and�(5)�� Provided�that�certain�port�related�expansion�projects�are�not�DRIs�under�certain�

conditions.�4. Section�163.3177(6)(a)�

� Allowed�a�county�to�designate�areas�on�the�future�land�use�map�for�possible�future�municipal�incorporation.�


1986��2015��

12��

5. Section�163.3177(6)(h)�� Required�the�intergovernmental�coordination�element�to�include�consideration�of�the�

plans�of�school�boards�and�other�units�of�local�government�providing�services�but�not�having�regulatory�authority�over�the�use�of�land.�

6. Section�163.3177(6)(h)�� Revised�the�processes�and�procedures�to�be�included�in�the�intergovernmental�

coordination�element.�7. 163.3177(6)(h)2.�

� Required�that�within�one�year�after�adopting�their�intergovernmental�coordination�elements,�each�county�and�all�municipalities�and�school�boards�therein�establish�by�Interlocal�agreement�the�joint�processes�consistent�with�their�intergovernmental�coordination�elements.�

8. Section�163.3180(1)(b)2.,�[2014�cite:�Section�163.3180(13)(g)]�� Required�local�governments�that�utilize�school�concurrency�to�satisfy�intergovernmental�

coordination�requirements�of�section�163.3177(6)(h)1.�9. Section�163.3217�

� Permitted�a�county�to�adopt�a�municipal�overlay�amendment�to�address�future�possible�municipal�incorporation�of�a�specific�geographic�area.�

10. Section�163.3244�[Later�Repealed.]�� Authorized�the�state�land�planning�agency�to�conduct�a�sustainable�communities�

demonstration�project.�

1997:�[Chapter�97�253,�sections�1�4,�Laws�of�Florida]�1. Section�163.3180(6)�

� Amended�the�definition�of�de�minimis�impact�as�it�pertains�to�concurrency�requirements.�

2. Section�163.3184(14)�� Established�that�no�plan�or�plan�amendment�in�an�area�of�critical�state�concern�is�

effective�until�found�in�compliance�by�a�final�order.�3. Section�163.3187(1)(c)1.a.III�

� Amended�the�criteria�for�the�annual�effect�of�Duval�County�(Jacksonville)�small�scale�amendments�to�a�maximum�of�120�acres.�

4. Section�163.3189(2)(b)�� Prohibited�amendments�in�areas�of�critical�state�concern�from�becoming�effective�if�not�

in�compliance.�


1986��2015��

13��

1998:�[Chapter�98�75,�section�14,�Chapter�98�146,�sections�2�5,�Chapter�98�176,�sections�2�6�and�12�15,�and�Chapter�98�258,�sections�4�5,�Laws�of�Florida]�

1. Section�163.3187(1)(g)�� Exempted�brownfield�area�amendments�from�the�twice�a�year�limitation�on�adoption�of�

plan�amendments.�2. Section�163.3177(3)(a)4.�

� Required�that�the�capital�improvements�element�set�forth�standards�for�the�management�of�debt.�

3. Section�163.3177(5)(a)�� Required�inclusion�of�at�least�two�planning�periods�–�one�at�least�5�years�and�one�at�

least�10�years.�4. Section�163.3184(3)(d)�

� Allowed�multiple�individual�plan�amendments�to�be�considered�together�as�one�amendment�cycle.�

5. Sections�163.3164(31)�and�163.3245�� Defined�“optional�sector�plan”�and�created�section�163.3245�allowing�local�governments�

to�address�development�of�regional�impact�issues�within�certain�identified�geographic�areas.�

6. Section�163.3177(12)�� Established�the�requirements�for�a�public�school�facilities�element.�

7. Section�163.3180(12),�[2014�cite:�Section�(13)]�� Established�the�minimum�requirements�for�imposing�school�concurrency.�

8. Section�163.3180(13),�[2014�cite:�section14)]�� Required�that�the�state�land�planning�agency�adopt�minimum�criteria�for�the�compliance�

determination�of�a�public�school�facilities�element�imposing�school�concurrency.��9. Section�163.3191(2)(i),�[2014�cite:�Section�163.3191(2)(k)]�

� Required�that�evaluation�and�appraisal�reports�address�coordination�of�the�comprehensive�plan�with�existing�public�schools�and�the�school�district’s�5�year�work�program.�

10. Section�163.3184(1)(b)�� Amended�the�definition�of�“in�compliance”�to�include�consistency�with�sections�

163.3180�and�163.3245,�Florida�Statutes.�11. Section�163.3184(2),�(4),�and�(6)�

� Required�the�state�land�planning�agency�to�maintain�a�file�with�all�documents�received�or�generated�by�the�state�land�planning�agency�relating�to�plan�amendments�and�identify;�limited�the�state�land�planning�agency’s�review�of�proposed�plan�amendments�to�written�comments,�and�required�the�state�land�planning�agency�to�identify�and�list�all�


1986��2015��

14��

written�communications�received�within�30�days�after�transmittal�of�a�proposed�plan�amendment.�

12. Section�163.3187(6)(b)�� Allowed�a�local�government�to�amend�its�plan�for�a�period�of�up�to�one�year�after�the�

initial�determination�of�sufficiency�of�an�adopted�evaluation�and�appraisal�report�even�if�the�evaluation�and�appraisal�report�is�insufficient.�

13. Section�163.3191�� Substantially�reworded�section�163.3191,�Florida�Statutes,�related�to�evaluation�and�

appraisal�reports.�14. Section�163.3177(6)(i)�

� Changed�the�population�requirements�for�municipalities�and�counties�which�are�required�to�submit�otherwise�optional�elements.�

1999:�[Chapter�99�251,�sections�65�6,�and�90,�and�Chapter�99�378,�sections�1,�3�5,�and�8�9,�Laws�of�Florida]�

1. Section�163.3178(7)�� Required�that�ports�and�local�governments�in�the�coastal�area,�which�has�spoil�disposal�

responsibilities,�identify�dredge�disposal�sites�in�the�comprehensive�plan.�2. Section�163.3187(1)(h)�

� Exempted�from�the�twice�per�year�limitation�certain�port�related�amendments�for�port�transportation�facilities�and�projects�eligible�for�funding�by�the�Florida�Seaport�Transportation�and�Economic�Development�Council.�

3. Section�163.3177(6)(a)�� Required�rural�counties�to�base�their�future�land�use�plans�and�the�amount�of�land�

designated�industrial�on�data�regarding�the�need�for�job�creation,�capital�investment,�and�economic�development�and�the�need�to�strengthen�and�diversity�local�economies.�

4. Sections�163.2511,�163.2514,�163.2517,�163.2520,�163.2523�and�163.2526�[New]�� Added�the�Growth�Policy�Act�to�Chapter�163,�Part�II,�Florida�Statutes,�to�promote�urban�

infill�and�redevelopment.�5. Section�163.3177(6)(a)�

� Required�that�all�comprehensive�plans�comprehensively�with�the�school�siting�requirements�by�October�1,�1999.�

6. Section�163.3180(1)(a)�� Made�transportation�facilities�subject�to�concurrency.�

7. Section�163.3180(1)(b)�� Required�use�of�professionally�accepted�techniques�for�measuring�level�of�service�for�

cars,�trucks,�transit,�bikes�and�pedestrians.�8. Section�163.3180(4)(b)�

� Excluded�public�transit�facilities�from�concurrency�requirements.�9. Section�163.3180(12)�


1986��2015��

15��

� Allowed�multiuse�DRIs�to�satisfy�the�transportation�concurrency�requirements�when�authorized�by�a�local�comprehensive�plan�under�limited�circumstances.�

10. Section�163.3180(15)�� Allowed�multimodal�transportation�districts�in�areas�where�priorities�for�the�pedestrian�

environment�are�assigned�by�the�plan.�11. Section�163.31879(1)(h)�and�(i),�[2014�cite:�(i)�and�(j)]�

� Exempted�amendments�for�urban�infill�and�redevelopment�areas,�public�school�concurrency�from�the�twice�per�year�limitation.�

12. Section�163.3220(2)�� Defined�brownfield�designation�and�added�the�assurance�that�a�developer�may�proceed�

with�development�upon�receipt�of�a�brownfield�designation.�[Also,�see�section�163.3221(1)�for�“brownfield”�definition.]�

2000:�[Chapter�2000�158,�sections�15�17,�Chapter�2000�284,�section�1,�and�Chapter�2000�317,�section�18,�Laws�of�Florida]�

1. Section�163.3184(11)(c)�[Repealed]�� Repealed�section�163.3184(11)(c),�Florida�Statutes,�that�required�funds�from�sanctions�

for�non�compliant�plans�go�into�the�Growth�Management�Trust�Fund.�2. Section�163.3187(7)�[Repealed]�

� Repealed�section�163.3187(7),�Florida�Statutes,�which�required�consideration�of�an�increase�in�the�annual�total�acreage�threshold�for�small�scale�plan�amendments�and�a�report�by�the�state�land�planning�agency.�

3. Section�163.3191(13)�and�(15)�[Repealed]�� Repealed�sections�163.3191(13)�and�(15),�Florida�Statutes.�

4. Section�163.3187(1)(c)1.e�� Allowed�small�scale�amendments�in�areas�of�critical�state�concern�only�if�they�are�for�

affordable�housing.�5. Section�163.2517(3)(j)2.�

� Added�exemption�of�sales�from�local�option�surtax�imposed�under�section�212.054,�Florida�Statutes,�as�an�example�of�incentives�for�new�development�within�urban�infill�and�redevelopment�areas.�

2001:�[Chapter�2001�279,�section�64,�Laws�of�Florida]�1. Section�163.3177(11)(d)�

� Created�the�rural�land�stewardship�area�program.�

2002:�[Chapter�2002�296,�sections�1��11,�Laws�of�Florida]�1. Section�163.3174�


1986��2015��

16��

� Required�that�all�agencies�that�review�comprehensive�plan�amendments�and�rezoning�include�a�nonvoting�representative�of�the�district�school�board.�

2. Section�163.3177(4)(a)�� Required�coordination�of�local�comprehensive�plan�with�the�regional�water�supply�plan.�

3. Section�163.3177(6)(a)�� Plan�amendments�for�school�siting�maps�are�exempt�from�the�limitation�on�frequency�of�

adoption�of�plan�amendments.�4. Section�163.3177(6)(c)�

� Required�that�by�adoption�of�the�evaluation�and�appraisal�report,�the�sanitary�sewer,�solid�waste,�drainage,�potable�water�and�natural�groundwater�aquifer�recharge�element�consider�the�regional�water�supply�plan�and�include�a�10�year�work�plan�to�build�the�identified�water�supply�facilities.�

5. Section�163.3177(6)(d)�� Required�consideration�of�the�regional�water�supply�plan�in�the�preparation�of�the�

conservation�element.�6. Section�163.3177(6)(h)�

� Required�that�the�intergovernmental�coordination�element�include�relationships,�principles�and�guidelines�to�be�used�in�coordinating�comprehensive�plan�with�regional�water�supply�plans.�

7. 163.3177(6)(h)4.�� Required�the�local�governments�adopting�a�public�educational�facilities�element�execute�

an�inter�local�agreement�with�the�district�school�board,�the�county,�and�non�exempting�municipalities.�

8. Section�163.3177(6)(h)6.,�7.,�&�8.�� Required�that�counties�larger�than�100,000�population�and�their�municipalities�submit�

an�inter�local�service�delivery�agreements�(existing�and�proposed,�deficits�or�duplication�in�the�provisions�of�service)�report�to�the�state�land�planning�agency�by�January�1,�2004.�Each�local�government�is�required�to�update�its�intergovernmental�coordination�element�based�on�the�findings�of�the�report.�The�state�land�planning�agency�will�meet�with�affected�parties�to�discuss�and�id�strategies�to�remedy�any�deficiencies�or�duplications.�

9. Section�163.3177(6)(h)9.�[Repealed]�� Required�local�governments�and�special�districts�to�provide�recommendations�for�

statutory�changes�for�annexation�to�the�Legislature�by�February�1,�2003.��NOTE:�this�requirement�was�repealed�by�Chapter�2005�290,�section�2,�Laws�of�Florida.�

10. Section�163.31776�[New]�� Added�a�new�section�163.31776�that�allows�a�county,�to�adopt�an�optional�public�

educational�facilities�element�in�cooperation�with�the�applicable�school�board.�11. Section�163.31777�[New]�

� Added�a�new�section�163.31777�that�requires�local�governments�and�school�boards�to�enter�into�an�inter�local�agreement�that�addresses�school�siting,�enrollment�forecasting,�


1986��2015��

17��

school�capacity,�infrastructure�and�safety�needs�of�schools,�schools�as�emergency�shelters,�and�sharing�of�facilities.�

12. Section�163.3180(4)(c)�� Added�a�provision�that�the�concurrency�requirement�for�transportation�facilities�may�be�

waived�by�plan�amendment�for�urban�infill�and�redevelopment�areas.�13. Section�163.3184(1)(a)�

� Expanded�the�definition�of�“affected�persons”�to�include�property�owners�who�own�land�abutting�a�change�to�a�future�land�use�map.�

14. Section�163.3184(1)(b)�� Expanded�the�definition�of�“in�compliance”�to�include�consistency�with�section�

163.31776�(public�educational�facilities�element).�15. Section�163.3184(3),�(4),�(6),�(7),�(8)�

� Streamlined�the�timing�of�comprehensive�plan�amendment�review.�16. Section�163.3184(15)(c)�

� Required�that�local�governments�provide�a�sign�in�form�at�the�transmittal�hearing�and�at�the�adoption�hearing�for�persons�to�provide�their�names�and�addresses.�

17. Section�163.3187(1)(k)�� Exempted�amendments�related�to�providing�transportation�improvements�to�enhance�

life�safety�on�“controlled�access�major�arterial�highways”�from�the�limitation�on�the�frequency�of�adoption�of�plan�amendments�contained�in�section�163.3187(1).�

18. Section�163�3191(2)(1)�� Required�Evaluation�and�Appraisal�Reports�to�include�(1)�consideration�of�the�

appropriate�regional�water�supply�plan,�and�(2)�an�evaluation�of�whether�past�reductions�in�land�use�densities�in�coastal�high�hazard�areas�have�impaired�property�rights�of�current�residents�where�redevelopment�occurs.�

19. Section�163.3215�� Allowed�local�governments�to�establish�a�special�master�process�to�assist�the�local�

governments�with�challenges�to�local�development�orders�for�consistency�with�the�comprehensive�plan.�

20. Section�163.3246�� Created�the�Local�Government�Comprehensive�Planning�Certification�Program�to�allow�

less�state�and�regional�oversight�of�comprehensive�plan�process�if�the�local�government�meets�certain�criteria.�

21. Section�163.3187(1)�� Added�a�provision�to�section�380.06(24),�Statutory�Exemptions,�that�exempts�from�the�

requirements�for�developments�of�regional�impact,�any�water�port�or�marina�development�if�the�relevant�local�government�has�adopted�a�“boating�facility�siting�plan�or�policy”�(which�includes�certain�specified�criteria)�as�part�of�the�coastal�management�element�or�future�land�use�element�of�its�comprehensive�plan.�The�adoption�of�the�boating�facility�siting�plan�or�policy�is�exempt�from�the�limitation�on�the�frequency�of�adoption�of�plan�amendments�contained�in�section�163.3187(1).�


1986��2015��

18��

22. Section�163.3194(6)�� Prohibited�a�local�government,�under�certain�conditions,�from�denying�an�application�for�

development�approval�for�a�requested�land�use�for�certain�proposed�solid�waste�management�facilities.�

2003:�[Chapter�03�1,�sections�14�15,�Chapter�03�162,�section�1,�Chapter�03�261,�section�158,�and�Chapter�03�286,�section�61,�Laws�of�Florida]�

1. Section�163.3162�[New]�� Creates�the�Agricultural�Lands�and�Practices�Act.�

� (2):�Provides�legislative�findings�and�purpose�with�respect�to�agricultural�activities�and�duplicative�regulation.�

� (3):�Defines�the�terms�“farm,”�“farm�operation,”�and�“farm�product”�for�purposes�of�the�act.�

� (4):�Prohibits�a�county�from�adopting�any�ordinance,�resolution,�regulation,�rule,�or�policy�to�prohibit�or�otherwise�limit�a�bona�fide�farm�operation�on�land�that�is�classified�as�agricultural�land.�

� (4)(a):�Provides�that�the�act�does�not�limit�the�powers�of�a�county�under�certain�circumstances.�

� (4)(b):�Clarifies�that�a�farm�operation�may�not�expand�its�operations�under�certain�circumstances.�

� (4)(c):�Provides�that�the�act�does�not�limit�the�powers�of�certain�counties.�� (4)(d):�Provides�that�certain�county�ordinances�are�not�deemed�to�be�a�duplication�of�regulation.�

2. Section�163.3167(6)�� Changes�“State�Comptroller”�references�to�“Chief�Financial�Officer.”�

3. Section�163.3177(6)(k)�� Provides�for�certain�airports�to�abandon�development�of�regional�impact�development�

orders.�4. Section�163.31776�

� Throughout�section�163.3177,�Florida�Statutes,�citations�to�Chapter�235,�Florida�Statutes,�are�changed�to�cite�the�appropriate�section�in�Chapter�1013,�Florida�Statutes.�

5. Section�163.31777�� Throughout�section�163.31777,�Florida�Statutes,�citations�to�Chapter�235,�Florida�

Statutes,�are�changed�to�cite�the�appropriate�section�in�Chapter�1013,�Florida�Statutes.�


1986��2015��

19��

2004:�[Chapter�04�5,�section�11,�Chapter�04�37,�section�1,�Chapter�04�230,�sections�1�4,�Chapter�04�372,�sections�2�5,�Chapter�04�381,�sections�1�2,�and�Chapter�04�384,�section�2,�Laws�of�Florida]�

1. Section�163.3167�� (10):�Amended�to�conform�to�the�repeal�of�the�Florida�High�Speed�Rail�Transportation�

Act,�and�the�creation�of�the�Florida�High�Speed�Rail�Authority�Act.�� (13):�Created�to�require�local�governments�to�identify�adequate�water�supply�sources�to�

meet�future�demand�for�the�established�planning�period.�� (14):�Created�to�limit�the�effect�of�judicial�determinations�issued�subsequent�to�certain�

development�orders�pursuant�to�adopted�land�development�regulations.�2. Section�163.3175�[new]�

� (1):�Provides�legislative�findings�on�the�compatibility�of�development�with�military�installations.�

� (2):�Provides�for�the�exchange�of�information�relating�to�proposed�land�use�decisions�between�counties�and�local�governments�and�military�installations.�

� (3):�Provides�for�responsive�comments�by�the�commanding�officer�or�his�designee.�� (4):�Provides�for�the�county�or�affected�local�government�to�take�such�comments�into�

consideration.�� (5):�Requires�the�representative�of�the�military�installation�to�be�an�ex�officio,�nonvoting�

member�of�the�county’s�or�local�government’s�land�planning�or�zoning�board.�� (6):�Encourages�the�commanding�officer�to�provide�information�on�community�planning�

assistance�grants.�3. Section�163.3177�

� (6)(a):�� Required�local�governments�to�amend�the�future�land�use�element�by�June�30,�2006,�to�include�criteria�to�achieve�compatibility�with�military�installations.�

� Encourages�rural�land�stewardship�area�designation�as�an�overlay�on�the�future�land�use�map.�

� (6)(c):�Extended�the�deadline�adoption�of�the�water�supply�facilities�work�plan�amendment�until�December�1,�2006;�provided�for�updating�the�work�plan�every�five�years;�and�exempts�such�amendment�from�the�limitation�on�frequency�of�adoption�of�amendments.�

� (10)(l):�Provided�for�the�coordination�by�the�state�land�planning�agency�and�the�United�States�Department�of�Defense�on�compatibility�issues�for�military�installations.�

� (11)(d)1.:�Required�that�the�state�land�planning�agency,�in�cooperation�with�other�specified�state�agencies,�provide�assistance�to�local�governments�in�implementing�provisions�relating�to�rural�land�stewardship�areas.�

� (11)(d)2.:�Provided�for�multi�county�rural�land�stewardship�areas.�


1986��2015��

20��

� (11)(d)3.�4:�Revised�requirements,�including�the�acreage�threshold�for�designating�a�rural�land�stewardship�area.�

� (11)(d)6.j.:�Provided�that�transferable�rural�land�use�credits�may�be�assigned�at�different�ratios�according�to�the�natural�resource�or�other�beneficial�use�characteristics�of�the�land.�

� (11)(e):�Provided�legislative�findings�regarding�mixed�use,�high�density�urban�infill�and�redevelopment�projects;�requires�the�state�land�planning�agency�to�provide�technical�assistance�to�local�governments.�

� (11)(f):�Provided�legislative�findings�regarding�a�program�for�the�transfer�of�development�rights�and�urban�infill�and�redevelopment;�requires�the�state�land�planning�agency�to�provide�technical�assistance�to�local�governments.�

4. Section�163.31771�[new]�� (1):�Provided�legislative�findings�with�respect�to�the�shortage�of�affordable�rentals�in�the�

state.�� (2):�Provided�definitions.�� (3):�Authorized�local�governments�to�permit�accessory�dwelling�units�in�areas�zoned�for�

single�family�residential�use�based�upon�certain�findings.�� (4)�An�application�for�a�building�permit�to�construct�an�accessory�dwelling�unit�must�

include�an�affidavit�from�the�applicant,�which�attests�that�the�unit�will�be�rented�at�an�affordable�rate�to�a�very�low�income,�low�income,�or�moderate�income�person�or�persons.�

� (5):�Provided�for�certain�accessory�dwelling�units�to�apply�towards�satisfying�the�affordable�housing�component�of�the�housing�element�in�a�local�government’s�comprehensive�plan.�

� (6):�Required�the�state�land�planning�agency�to�report�to�the�Legislature.�5. Section�163.3184(1)(b)�

� Amended�the�definition�of�“in�compliance”�to�add�language�referring�to�the�Wekiva�Parkway�and�Protection�Act.�

6. Section�163.3187�� (1)(m):�Created�to�provide�that�amendments�to�address�criteria�or�compatibility�of�land�

uses�adjacent�to�or�in�close�proximity�to�military�installations�do�not�count�toward�the�limitation�on�frequency�of�amending�comprehensive�plans.�

� (1)(n):�Created�to�provide�that�amendments�to�establish�or�implement�a�rural�land�stewardship�area�do�not�count�toward�the�limitation�on�frequency�of�amending�comprehensive�plans.�

7. Section�163.3191(2)(n)�� Created�to�provide�that�evaluation�and�appraisal�reports�evaluate�whether�criteria�in�the�

land�use�element�were�successful�in�achieving�land�use�compatibility�with�military�installations.�


1986��2015��

21��

2005:�[Chapter�2005�157,�sections�1,�2�and�15,�Chapter�2005�290,�and�Chapter�2005�291,�sections�10�12,�Laws�of�Florida]�

1. Section�163.3164(32)�[New]�� Added�the�definition�of�“financial�feasibility.”�

2. Section�163.3177�� (2):�Required�comprehensive�plans�to�be�“financially”�rather�than�“economically”�

feasible.�� (3)(a)5.:�Required�the�comprehensive�plan�to�include�a�5�year�schedule�of�capital�

improvements.�Outside�funding�(funding�from�a�developer,�other�government�or�funding�pursuant�to�referendum)�of�these�capital�improvements�must�be�guaranteed�in�the�form�of�a�development�agreement�or�interlocal�agreement.�

� (3)(a)6.b.1.:�Required�a�plan�amendment�for�the�annual�update�of�the�schedule�of�capital�improvements.�Deleted�a�provision�allowing�updates�and�change�in�the�date�of�construction�to�be�accomplished�by�ordinance.�

� (3)(a)6.c.:�Added�oversight�and�penalty�provision�for�failure�to�adhere�to�this�section’s�capital�improvements�requirements.�

� (3)(a)6.d.:�Required�a�long�term�capital�improvement�schedule�if�the�local�government�has�adopted�a�long�term�concurrency�management�system.�

� (6)(a):�Deleted�date�(October�1,�1999)�by�which�school�sitting�requirements�must�be�adopted.�

� (6)(a):�Requires�the�future�land�use�element�to�be�based�upon�the�availability�of�water�supplies�(in�addition�to�public�water�facilities).�

� (6)(a):�Add�requirement�that�future�land�use�element�of�coastal�counties�must�encourage�the�preservation�of�working�waterfronts,�as�defined�in�section�342.07,�Florida�Statutes.�

� (6)(c):�Required�the�potable�water�element�to�be�updated�within�18�months�of�an�updated�regional�water�supply�plan�to�incorporate�the�alternative�water�supply�projects�and�traditional�water�supply�projects�and�conservation�and�reuse�selected�by�the�local�government�to�meet�its�projected�water�supply�needs.��The�ten�year�water�supply�work�plan�must�include�public,�private�and�regional�water�supply�facilities,�including�development�of�alternative�water�supplies.��Such�amendments�do�not�count�toward�the�limitation�on�the�frequency�of�adoption�of�amendments.��

� (6)(e):�Added�waterways�to�resources�addressed�by�the�recreation�and�open�space�element.�

� (6)(h)1.:�The�intergovernmental�coordination�element�must�address�coordination�with�regional�water�supply�authorities.�

� (11)(d)4.c.:�Required�rural�land�stewardship�areas�to�address�affordable�housing.�


1986��2015��

22��

� (11)(d)5.:�Required�a�listed�species�survey�be�performed�on�rural�land�stewardship�receiving�area.�If�any�listed�species�present,�must�ensure�adequate�provisions�to�protect�them.�

� (11)(d)6.:�Must�enact�an�ordinance�establishing�a�methodology�for�creation,�conveyance,�and�use�of�stewardship�credits�within�a�rural�land�stewardship�area.�

� (11)(d)6.j.:�Revised�to�allow�open�space�and�agricultural�land�to�be�just�as�important�as�environmentally�sensitive�land�when�assigning�stewardship�credits.�

� (12):�Must�adopt�public�school�facilities�element.�� (12)(a)�and�(b):�A�waiver�from�providing�this�element�will�be�allowed�under�certain�

circumstances.�� (12)(g):�Expanded�list�of�items�to�be�to�include�collocation,�location�of�schools�proximate�

to�residential�areas,�and�use�of�schools�as�emergency�shelters.�� (12)(h):�Required�local�governments�to�provide�maps�depicting�the�general�location�of�

new�schools�and�school�improvements�within�future�conditions�maps.�� (12)(i):�Required�the�state�land�planning�agency�to�establish�a�schedule�for�adoption�of�

the�public�school�facilities�element.�� (12)(j):�Established�penalty�for�failure�to�adopt�a�public�school�facility�element.�� (13):�(New�section)�Encourages�local�governments�to�develop�a�“community�vision”�that�

provides�for�sustainable�growth,�recognizes�its�fiscal�constraints,�and�protects�its�natural�resources.�

� (14):�(New�section)�Encourages�local�governments�to�develop�an�“urban�service�boundary”�that�ensures�the�area�is�served�(or�will�be�served)�with�adequate�public�facilities�and�services�over�the�next�10�years.��See�section�163.3184(17).�

3. Section�163.31776�[Repealed]�� Section�163.31776�is�repealed.�

4. Section�163.31777�� (2):�Required�the�public�schools�interlocal�agreement�(if�applicable)�to�address�

requirements�for�school�concurrency.�The�opt�out�provision�at�the�end�of�subsection�(2)�is�deleted.��

� (5):�Required�Palm�Beach�County�to�identify,�as�part�of�its�evaluation�and�appraisal�report,�changes�needed�in�its�public�school�element�necessary�to�conform�to�the�new�2005�public�school�facilities�element�requirements.�

� (7):�Provided�that�a�county�exempted�from�public�school�facilities�element�shall�undergo�re�evaluation�as�part�of�its�evaluation�and�appraisal�report�to�determine�if�it�continues�to�meet�the�exemption�criteria.�

5. Section�163.3178�� (2)(g):�Expands�requirement�of�coastal�element�to�include�strategies�that�will�be�used�to�

preserve�recreational�and�commercial�working�waterfronts,�as�defined�in�section�342.07,�Florida�Statutes.�

6. Section�163.3180�


1986��2015��

23��

� (1)(a):�Added�“schools”�as�a�required�concurrency�item.�� (2)(a):�Required�consultation�with�water�supplier�prior�to�issuing�building�permit�to�

ensure�“adequate�water�supplies”�to�serve�new�development�will�be�available�by�the�date�of�issuance�of�a�certificate�of�occupancy.�

� (2)(c):�Required�all�transportation�facilities�to�be�in�place�or�under�construction�within�3�years�(rather�than�5�years)�after�approval�of�building�permit.�

� (4)(c):�The�concurrency�requirement,�except�as�it�relates�to�transportation�and�public�schools,�may�be�waived�in�urban�infill�and�redevelopment�areas.��The�waiver�shall�be�adopted�as�a�plan�amendment.��A�local�government�may�grant�a�concurrency�exception�pursuant�to�subsection�(5)�for�transportation�facilities�located�within�an�urban�infill�and�redevelopment�area.�

� (5)(d):�Required�guidelines�for�granting�concurrency�exceptions�to�be�included�in�the�comprehensive�plan.�

� (5)(e)�–�(g):�If�local�government�has�established�transportation�exceptions,�the�guidelines�for�implementing�the�exceptions�must�be�“consistent�with�and�support�a�comprehensive�strategy,�and�promote�the�purpose�of�the�exceptions.”�Exception�areas�must�include�mobility�strategies,�such�as�alternate�modes�of�transportation,�supported�by�data�and�analysis.�The�Florida�Department�of�Transportation�must�be�consulted�prior�to�designating�a�transportation�concurrency�exception�area.�Transportation�concurrency�exception�areas�existing�prior�to�July�1,�2005�must�meet�these�requirements�by�July�1,�2006,�or�when�the�evaluation�and�appraisal�based�amendments�are�adopted,�whichever�occurs�last.�

� (6):�Required�local�government�to�maintain�records�to�determine�whether�110�percent�de�minimis�transportation�impact�threshold�is�reached.�A�summary�of�these�records�must�be�submitted�with�the�annual�capital�improvements�element�update.�Exceeding�the�110�percent�threshold�dissolves�the�de�minimis�exceptions.�

� (7):�Required�consultation�with�the�Department�of�Transportation�prior�to�designating�a�transportation�concurrency�management�area�(to�promote�infill�development)�to�ensure�adequate�level�of�service�standards�are�in�place.�The�local�government�and�the�Florida�Department�of�Transportation�should�work�together�to�mitigate�any�impacts�to�the�Strategic�Intermodal�System.�

� (9)(a):�Allowed�adoption�of�a�long�term�concurrency�management�system�for�schools.�� (9)(c):�(New�section)�Allowed�local�governments�to�issue�approvals�to�commence�

construction�notwithstanding�section�163.3180�in�areas�subject�to�a�long�term�concurrency�management�system.�

� (9)(d):�(New�section)�Required�evaluation�in�Evaluation�and�Appraisal�Repot�of�progress�in�improving�levels�of�service�coordination�element.�

� (10):�Added�requirement�that�level�of�service�coordination�element�standard�for�roadway�facilities�on�the�Strategic�Intermodal�System�must�be�consistent�with�Florida�Department�of�Transportation�standards.�Standards�must�consider�compatibility�with�adjacent�jurisdictions.�


1986��2015��

24��

� (13):�Required�school�concurrency�(not�optional).�� (13)(c)1:�Requires�school�concurrency�after�five�years�to�be�applied�on�a�“less�than�

districtwide�basis”�(i.e.,�by�using�school�attendance�zones,�etc).�� (13)(c)2:�Eliminated�exemption�from�plan�amendment�adoption�limitation�for�changes�

to�service�area�boundaries.�� (13)(c)3.:�No�application�for�development�approval�may�be�denied�if�a�less�than�

districtwide�measurement�of�school�concurrency�is�used;�however�the�development�impacts�must�to�shifted�to�contiguous�service�areas�with�school�capacity.�

� (13)(e):�Allowed�school�concurrency�to�be�satisfied�if�a�developer�executes�a�legally�binding�commitment�to�provide�mitigation�proportionate�to�the�demand.�

� (13)(e)1:�Enumerated�mitigation�options�for�achieving�proportionate�share�mitigation.�� (13)(e)2.:�If�educational�facilities�funded�in�one�of�the�two�following�ways,�the�local�

government�must�credit�this�amount�toward�any�impact�fee�or�exaction�imposed�on�the�community:��

� contribution�of�land�� construction,�expansion,�or�payment�for�land�acquisition�

� (13)(g)2.:�(Section�deleted)�–�It�is�no�longer�required�that�a�local�government�and�school�board�base�their�plans�on�consistent�population�projection�and�share�information�regarding�planned�public�school�facilities,�development�and�redevelopment�and�infrastructure�needs�of�public�school�facilities.�However,�see�(13)(g)6.a.�for�similar�requirement.�

� (13)(g)6.a:�[Formerly�(13)(g)7.a.]�Local�governments�must�establish�a�uniform�procedure�for�determining�if�development�applications�are�in�compliance�with�school�concurrency.�

� (13)(g)7.�[Formerly�(13)(g)8.]:�Deleted�language�that�allowed�local�government�to�terminate�or�suspend�an�interlocal�agreement�with�the�school�board.�

� (13)(h):�(New�provision)�The�fact�that�school�concurrency�has�not�yet�been�implemented�by�a�local�government�should�not�be�the�basis�for�either�an�approval�or�denial�of�a�development�permit.�

� (15):�Prior�to�adopting�Multimodal�Transportation�Districts,�FDOT�must�be�consulted�to�assess�the�impact�on�level�of�service�coordination�element�standards.�If�impacts�are�found,�the�local�government�and�the�FDOT�must�work�together�to�mitigate�those�impacts.�Multimodal�districts�established�prior�to�July�1,�2005�must�meet�this�requirement�by�July�1,�2006�or�at�the�time�of�the�EAR�base�amendment,�whichever�occurs�last.�

� (16):�(New�section)�Required�local�governments�to�adopt�a�method�for�assessing�proportionate�fair�share�mitigation�options�by�December�1,�2006.�Required�the�Florida�Department�of�Transportation�to�develop�a�model�ordinance�by�December�1,�2005.�

7. Section�163.3184�[New]�� (17):�(New�section)�If�local�government�has�adopted�a�community�vision�and�urban�

service�boundary,�state�and�regional�agency�review�is�eliminated�for�plan�amendments�


1986��2015��

25��

affecting�property�within�the�urban�service�boundary.�Such�amendments�are�exempt�from�the�limitation�on�the�frequency�of�plan�amendments.�

� (18):�(New�section)�If�a�municipality�has�adopted�an�urban�infill�and�redevelopment�area,�state�and�regional�agency�review�is�eliminated�for�plan�amendments�affecting�property�within�the�urban�service�boundary.�Such�amendments�are�exempt�from�the�limitation�on�the�frequency�of�plan�amendments.�

8. Section�163.3187�� (1)(c)1.f.:�Allowed�approval�of�residential�land�use�as�a�small�scale�development�

amendment�when�the�proposed�density�is�equal�to�or�less�than�the�existing�future�land�use�category.�Under�certain�circumstances,�affordable�housing�units�are�exempt�from�this�limitation.�

� (1)(c)4.:�(New�provision)�If�the�small�scale�development�amendment�involves�a�rural�area�of�critical�economic�concern,�a�20�acre�limit�applies.�

� (1)(o):�(New�provision)�An�amendment�to�a�rural�area�of�critical�economic�concern�may�be�approved�without�regard�to�the�statutory�limit�on�comprehensive�plan�amendments.�

9. Section�163.3191�� (2)(k):�Required�local�governments�that�do�not�have�either�a�school�interlocal�agreement�

or�a�public�school�facilities�element,�to�determine�in�the�Evaluation�and�Appraisal�Report�whether�the�local�government�continues�to�meet�the�exemption�criteria�in�section�163.3177(12).�

� (2)(l):�The�Evaluation�and�Appraisal�Report�must�determine�whether�the�local�government�has�been�successful�in�identifying�alternative�water�supply�projects,�including�conservation�and�reuse,�needed�to�meet�projected�demand.��Also,�the�Report�must�identify�the�degree�to�which�the�local�government�has�implemented�its�10�year�water�supply�work�plan.�

� (2)(o):�(New�provision)�The�Evaluation�and�Appraisal�Report�must�evaluate�whether�any�Multimodal�Transportation�District�has�achieved�the�purpose�for�which�it�was�created.�

� (2)(p):�(New�provision)�The�Evaluation�and�Appraisal�Report�must�assess�methodology�for�impacts�on�transportation�facilities.�

� (10):�The�Evaluation�and�Appraisal�Report��based�amendment�must�be�adopted�within�a�single�amendment�cycle.�Failure�to�adopt�within�this�cycle�results�in�penalties.�Once�updated,�the�comprehensive�plan�must�be�submitted�to�the�state�land�planning�agency.�

10. Section�163.3246�[New]�� (10)�New�section�designating�Freeport�as�a�certified�community.�� (11)�New�section�exempting�proposed�DRIs�within�Freeport�from�review�under�section�

380.06,�Florida�Statutes,�unless�review�is�requested�by�the�local�government.�

2006�[Chapters�2006�68,�2006�69,�2006�220,�2006�252,�2006�255,�and�2006�268,�Laws�of�Florida]�

1. Section�163.3162(5)�[New]�


1986��2015��

26��

� Establishes�plan�amendment�procedures�for�agricultural�enclaves�as�defined�in�section�163.3164(33),�Florida�Statutes.��Chapter�2006�255,�Laws�of�Florida.�

2. Section�163.3164(33)�[New]�� Defines�agricultural�enclave.��Chapter�2006�255,�Laws�of�Florida.��

3. Section�163.3177(6)(g)2.�[New]�� (6)(g)2.:��Adds�new�paragraph�encouraging�local�governments�with�a�coastal�

management�element�to�adopt�recreational�surface�water�use�policies;�such�adoption�amendment�is�exempt�from�the�twice�per�year�limitation�on�the�frequency�of�plan�amendment�adoptions.��Chapter�2006�220,�Laws�of�Florida.�

4. Section�163.3177(11)(d)6.�� Allows�the�effect�of�a�proposed�receiving�area�to�be�considered�when�projecting�the�25�

year�or�greater�population�with�a�rural�land�stewardship�area.��Chapter�2006�220,�Laws�of�Florida.�

5. Section�163.31771(1),�(2)�and�(4)�� Recognizes�“extremely�low�income�persons”�as�another�income�groups�whose�housing�

needs�might�be�addressed�by�accessory�dwelling�units�and�defines�such�persons�consistent�with�section�420.0004(8),�Florida�Statutes.�Chapter�2006�69,�Laws�of�Florida.�

6. Section�163.3178(2)(d)�� Assigns�to�the�Division�of�Emergency�Management�the�responsibility�of�ensuring�the�

preparation�of�updated�regional�hurricane�evacuation�plans.��Chapter�2006�68,�Laws�of�Florida.�

7. Section�163.3178(2)(h)�� Changes�the�definition�of�the�Coastal�High�Hazard�Area�to�be�the�area�below�the�

elevation�of�the�category�1�storm�surge�line�as�established�by�the�SLOSH�model.��Chapter�2006�68,�Laws�of�Florida.�

8. Section�163.3178(9)(a)�[New]�� Adds�a�new�section�allowing�a�local�government�to�comprehensively�with�the�

requirement�that�its�comprehensive�plan�direct�population�concentrations�away�from�the�Coastal�High�Hazard�Area�and�maintains�or�reduces�hurricane�evacuation�times�by�maintaining�an�adopted�level�of�service�standard�for�out�of�county�hurricane�evacuation�for�a�category�5�storm,�by�maintaining�a�12�hour�hurricane�evacuation�time�or�by�providing�mitigation�that�satisfies�these�two�requirements.��Chapter�2006�68,�Laws�of�Florida.�

9. Section�163.3178(9)(b)�[New]�� Adds�a�new�section�establishing�a�level�of�service�for�out�of�county�hurricane�evacuation�

of�no�greater�than�16�hours�for�a�category�5�storm�for�any�local�government�that�wishes�to�follow�the�process�in�section�163.3178(9)(a)�but�has�not�established�such�a�level�of�service�by�July�1,�2008.��Chapter�2006�68,�Laws�of�Florida.�

10. Section�163.3178(2)(c)�� Requires�local�governments�to�amend�their�Future�Land�Use�Map�and�coastal�

management�element�to�include�the�new�definition�of�the�Coastal�High�Hazard�Area,�


1986��2015��

27��

and�to�depict�the�Coastal�High�Hazard�Area�on�the�Map�by�July�1,�2008.��Chapter�2006�68,�Laws�of�Florida.�

11. Section�163.3180(2)(a)�� Allows�the�sanitary�sewer�concurrency�requirement�to�be�met�by�onsite�sewage�

treatment�and�disposal�systems�approved�by�the�Department�of�Health.��Chapter�2006�252,�Laws�of�Florida.�

12. Section�163.3180(12)(a)�� Changes�section�380.0651(3)(i)�to�section�380.0651(3)(h)�as�the�citation�for�the�

standards�a�multiuse�development�of�regional�impact�must�meet�or�exceed.��Chapter�2006�220,�Laws�of�Florida.�

13. Section�163.3187(1)(c)1.f.�� Deletes�use�of�extended�use�agreement�as�part�of�the�definition�of�small�scale�

amendment.��Chapter�2006�69,�Laws�of�Florida.�14. Section�163.3208�[New]�

� Creates�a�new�section�related�to�electric�distribution�substations;�establishes�criteria�addressing�land�use�compatibility�of�substations;�requires�local�governments�to�permit�substations�in�all�future�land�use�map�categories�(except�preservation,�conservation�or�historic�preservation);�establishes�compatibility�standards�to�be�used�if�a�local�government�has�not�established�such�standards;�establishes�procedures�for�the�review�of�applications�for�the�location�of�a�new�substation;�allows�local�governments�to�enact�reasonable�setback�and�landscape�buffer�standards�for�substations.��Chapter�2006�268,�Laws�of�Florida.�

15. Section�163.3209�[New]�� Creates�a�new�section�preventing�a�local�government�from�requiring�for�a�permit�or�

other�approval�vegetation�maintenance�and�tree�pruning�or�trimming�within�an�established�electric�transmission�and�distribution�line�right�of�way.��Chapter�2006�268,�Laws�of�Florida.�

16. New�� Community�Workforce�Housing�Innovation�Pilot�Program;�created�by�Chapter�2006�69,�

section�27,�Laws�of�Florida.��Establishes�a�special,�expedited�adoption�process�for�any�plan�amendment�that�implements�a�pilot�program�project.�

17. New�� Affordable�housing�land�donation�density�incentive�bonus;�created�by�Chapter�2006�69,�

section�28,�Laws�of�Florida.��Allows�a�density�bonus�for�land�donated�to�a�local�government�to�provide�affordable�housing;�requires�adoption�of�a�plan�amendment�for�any�such�land;�such�amendment�may�be�adopted�as�a�small�scale�amendment;�such�amendment�is�exempt�from�the�twice�per�year�limitation�on�the�frequency�of�plan�amendment�adoptions.�


1986��2015��

28��

2007:�[Chapters�2007�196,�2007�198,�and�2007�204,�Laws�of�Florida]�1. Section�163.3164�

� (26)�Expands�the�definition�of�“urban�redevelopment”�to�include�a�community�redevelopment�area.��Chapter�2007�204,�Laws�of�Florida.�

� (32)�Revises�the�definition�of�“financial�feasibility”�to�clarify�that�the�plan�is�financially�feasible�for�transportation�and�schools�if�level�of�service�standards�are�achieved�and�maintained�by�the�end�of�the�planning�period�even�if�in�a�particular�year�such�standards�are�not�achieved;�deletes�the�provision�that�level�of�service�standards�need�not�be�maintained�if�the�proportionate�fair�share�process�in�sections�163.3180(12)�and�(16),�Florida�Statutes,�is�used.��Chapter�2007�204,�Laws�of�Florida.�

2. Section�163.3177�� (2)�Clarifies�that�financial�feasibility�is�determined�using�a�five�year�period�(except�in�the�

case�of�long�term�transportation�or�school�concurrency�management,�in�which�case�a�10�or�15�year�period�applies).��Chapter�2007�204,�Laws�of�Florida.�

� (3)(a)6.�Revises�the�citation�to�the�Metropolitan�Planning�Organization’s�Transportation�Improvement�Program�and�long�range�transportation�plan.��Chapter�2007�196,�Laws�of�Florida.�

� (3)(b)1.�Requires�an�annual�update�to�the�Five�Year�Schedule�of�Capital�Improvements�to�be�submitted�by�December�1,�2008�and�yearly�thereafter.��If�this�date�is�missed,�no�amendments�are�allowed�until�the�update�is�adopted.��Chapter�2007�204,�Laws�of�Florida.�

� (3)(c)�Deletes�the�requirement�that�the�state�land�planning�agency�must�notify�the�Administration�Commission�if�an�annual�update�to�the�capital�improvements�element�is�found�not�in�compliance�(retained�is�the�requirement�that�notification�must�take�place�is�the�annual�update�is�not�adopted).��Chapter�2007�204,�Laws�of�Florida.�

� (3)(e)��Provides�that�a�comprehensive�plan�as�revised�by�an�amendment�to�the�future�land�use�map�is�financially�feasible�if�it�is�supported�by�(1)�a�condition�in�a�development�order�for�a�development�of�regional�impact�or�binding�agreement�that�addresses�proportionate�share�mitigation�consistent�with�section�163.3180(12),�Florida�Statutes,�or�(2)�a�binding�agreement�addressing�proportionate�fair�share�mitigation�consistent�with�section�163.3180(16)(f),�Florida�Statutes,�and�the�property�is�located�in�an�urban�infill,�urban�redevelopment,�downtown�revitalization,�urban�infill�and�redevelopment�or�urban�service�area.��Chapter�2007�204,�Laws�of�Florida.�

� (6)(f)1.d.�Revises�the�housing�element�requirements�to�ensure�adequate�sites�for�affordable�workforce�housing�within�certain�counties.�Chapter�2007�198,�Laws�of�Florida.�

� (6)h.�and�i.��Requires�certain�counties�to�adopt�a�plan�for�ensuring�affordable�workforce�housing�by�July�1,�2008�and�provides�a�penalty�if�this�date�is�missed.��Chapter�2007�198,�Laws�of�Florida.�

3. Section�163.3180�


1986��2015��

29��

� (4)(b)�Expands�transportation�concurrency�exceptions�to�include�airport�facilities.��Chapter�2007�204,�Laws�of�Florida.��

� (5)(b)5��Adds�specifically�designated�urban�service�areas�to�the�list�of�transportation�concurrency�exception�areas.��Chapter�2007�204,�Laws�of�Florida.��

� (5)(f)��Requires�consultation�with�the�state�land�planning�agency�regarding�mitigation�of�impacts�on�Strategic�Intermodal�System�facilities�prior�to�establishing�a�concurrency�exception�area.��Chapter�2007�204,�Laws�of�Florida.��

� (12)�and�(12)(a)��Deletes�the�requirement�that�the�comprehensive�plan�must�authorize�a�development�of�regional�impact�to�satisfy�concurrency�under�certain�conditions.��Also,�deletes�the�requirement�that�the�development�of�regional�impact�must�include�a�residential�component�to�satisfy�concurrency�under�the�conditions�listed.��Chapter�2007�204,�Laws�of�Florida.�

� (12)(d)��Clarifies�that�any�proportionate�share�mitigation�by�development�of�regional�impact,�Florida�Quality�Development�and�specific�area�plan�implementing�an�optional�sector�plan�is�not�responsible�for�reducing�or�eliminating�backlogs.��Chapter�2007�204,�Laws�of�Florida.�

� (13)(e)4.��A�development�precluded�from�commencing�because�of�school�concurrency�may�nevertheless�commence�if�certain�conditions�are�met.��Chapter�2007�204,�Laws�of�Florida.�

� (16)(c)�and�(f)��Allows�proportionate�fair�share�mitigation�to�be�directed�to�one�or�more�specific�transportation�improvement.��Clarifies�that�such�mitigation�is�not�to�be�used�to�address�backlogs.��Chapter�2007�204,�Laws�of�Florida.�

� (17)��Allows�an�exempt�from�concurrency�for�certain�workforce�housing�developed�consistent�with�section�380.061(9)�and�section�380.0651(3).��Chapter�2007�198,�Laws�of�Florida.��

4. 163.3182��[New]�� Allows�a�local�government�to�establish�a�transportation�concurrency�backlog�authority�

to�address�deficiencies�where�existing�traffic�volume�exceeds�the�adopted�level�of�service�standard.�Defines�the�powers�of�the�authority�to�include�tax�increment�financing�and�requires�the�preparation�of�transportation�concurrency�backlog�plans.��Chapters�2007�196�and�2007�198,�Laws�of�Florida.�

5. Section�163.3184(19)��[New]�� Allows�plan�amendments�that�address�certain�housing�requirements�to�be�expedited�

under�certain�circumstances.��Chapter�2007�198,�Laws�of�Florida.�6. Section�163.3187(1)(p)��[New]�

� Exempts�any�plan�amendment�that�is�consistent�with�the�local�housing�incentive�strategy�consistent�with�section�420.9076�from�the�twice�per�year�limitation�on�the�frequency�of�adoption�of�plan�amendments.��Chapter�2007�198,�Laws�of�Florida.�

7. Section�163.3191(14)��[New]�


1986��2015��

30��

� Add�an�amendment�to�integrate�a�port�master�plan�into�the�coastal�management�element�as�an�exemption�to�the�prohibition�in�sections�163.3191(10).��Chapters�2007�196�and�2007�204,�Laws�of�Florida.�

8. Section�163.3229�� Extends�the�duration�of�a�development�agreement�from�10�to�20�years.��Chapter�2007�

204,�Laws�of�Florida.�9. Section�163.32465�[New]�

� Establishes�an�alternative�state�review�process�pilot�program�in�Jacksonville/Duval,�Miami,�Tampa,�Hialeah,�Pinellas�and�Broward�to�encourage�urban�infill�and�redevelopment.��Chapter�2007�204,�Laws�of�Florida.�

10. Section�339.282�[New]�� If�a�property�owner�contributes�right�of�way�and�expands�a�state�transportation�facility,�

such�contribution�may�be�applied�as�a�credit�against�any�future�transportation�concurrency�requirement.��Chapter�2007�196,�Laws�of�Florida.�

11. Section�420.5095(9)�� Establishes�an�expedited�plan�amendment�adoption�process�for�amendments�that�

implement�the�Community�Workforce�Housing�Innovation�Pilot�Program�and�exempts�such�amendments�from�the�twice�per�year�limitation�on�the�frequency�of�adoption�of�plan�amendments.��Chapter�2007�198,�Laws�of�Florida.��

2008:�[Chapters�2008�191�and�2008�227,�Laws�of�Florida]�1. Section�163.3177(6)(a)�

� The�future�land�use�plan�must�discourage�urban�sprawl.�Chapter�2008�191,�Laws�of�Florida.�

2. Section�163.3177(6)(a)�� The�future�land�use�plan�must�be�based�upon�energy�efficient�land�use�patterns�

accounting�for�existing�and�future�energy�electric�power�generation�and�transmission�systems.��Chapter�2008�191,�Laws�of�Florida.�

3. Section�163.3177(6)(a)�� The�future�land�use�plan�must�be�based�upon�greenhouse�gas�reduction�strategies.��

Chapter�2008�191,�Laws�of�Florida.�4. Section�163.3177(6)(b)�

� The�traffic�circulation�element�must�include�transportation�strategies�to�address�reduction�in�greenhouse�gas�emissions.��Chapter�2008�191,�Laws�of�Florida.�

5. Section�163.3177(6)(d)�� The�conservation�element�must�include�factors�that�affect�energy�conservation.��

Chapter�2008�191,�Laws�of�Florida.�6. Section�163.3177(6)(d)�

� The�future�land�use�map�series�must�depict�energy�conservation.��Chapter�2008�191,�Laws�of�Florida.�


1986��2015��

31��

7. Section�163.3177(6)(f)1.h.�and�i.�� The�housing�element�must�include�standards,�plans�and�principles�to�be�followed�in�

energy�efficiency�in�the�design�and�construction�of�new�housing�and�in�the�use�of�renewable�energy�resources.��Chapter�2008�191,�Laws�of�Florida.�

8. Section�163.3177(6)(j)�� Local�governments�within�a�Metropolitan�Planning�Organization�area�must�revise�their�

transportation�elements�to�include�strategies�to�reduce�greenhouse�gas�emissions.��Chapter�2008�191,�Laws�of�Florida.�

9. Chapter�187,�Florida�Statutes�� Various�changes�were�made�in�the�State�Comprehensive�Plan�that�address�low�carbon�

emitting�electric�power�plants.��See�Section�5�of�Chapter�2008�227,�Laws�of�Florida.�

2009:�[Chapters�2009�85�and�2009�96,�Laws�of�Florida]�1. Section�163.3164(29)�

� Changes�“Existing�Urban�service�area”�to�“Urban�service�area”�and�revises�the�definition�of�such�an�area.��Chapter�2009�96,�section�2,�Laws�of�Florida.�

2. Section�163.3164(34)�� Adds�definition�of�“Dense�urban�land�area.”��Chapter�2009�96,�section�2,�Laws�of�Florida.�

3. Section�163.3177(3)(b)1.�� Postpones�from�December�1,�2008�to�December�1,�2011,�the�need�for�the�annual�

update�to�the�capital�improvements�element�to�be�financially�feasible.��Chapter�2009�96,�section�3,�Laws�of�Florida.�

4. Section�163.3177(6)(a)�� Requires�the�future�land�use�element�to�include�by�June�30,�2012,�criteria�that�will�be�

used�to�achieve�compatibility�of�lands�near�public�use�airports.��For�military�installations,�the�date�is�changed�from�June�30,�2006,�to�June�30,�2012.��Section�3,�Chapter�2009�85,�Laws�of�Florida.�

5. Section�163.3177(6)(h)1.b.�� Requires�the�intergovernmental�coordination�element�to�recognize�airport�master�plans.��

Chapter�2009�85,�section�3,�Laws�of�Florida.�6. Section�163.3177(6)(h)1.c.�

� Requires�the�intergovernmental�coordination�element�to�include�a�mandatory�(rather�than�voluntary)�dispute�resolution�process�and�requires�use�of�the�process�prescribed�in�section�186.509,�Florida�Statutes,�for�this�purpose.��Chapter�2009�96,�section�3,�Laws�of�Florida.�

7. Section�163.3177(6)(h)1.d.�� Requires�the�intergovernmental�coordination�element�to�provide�for�interlocal�

agreements�pursuant�to�section�333.03(1)(b),�Florida�Statutes,�between�adjacent�local�governments�regarding�airport�zoning�regulations.��Chapter�2009�85,�section�3,�Laws�of�Florida.�


1986��2015��

32��

8. Section�163.3177(15)(a)�[New]�� Defines�“rural�agricultural�industrial�center”�and�provides�for�their�expansion�though�the�

plan�amendment�process.��Chapter�2009�154,�section�1,�Laws�of�Florida.�9. Section�163.3180(5)(b)2.�

� Allows�a�municipality�that�is�not�a�dense�urban�land�area�to�amend�its�comprehensive�plan�to�designate�certain�areas�as�transportation�concurrency�exception�areas.��Chapter�2009�96,�section�4,�Laws�of�Florida.�

10. Section�163.3180(5)(b)3.�� Allows�a�county�that�is�not�a�dense�urban�land�area�to�amend�its�comprehensive�plan�to�

designate�certain�areas�as�transportation�concurrency�exception�areas.��Chapter�2009�96,�section�4,�Laws�of�Florida.�

11. Section�163.3180(5)(b)4.�� Requires�local�governments�with�state�identified�transportation�concurrency�exception�

areas�to�adopt�land�use�and�transportation�strategies�to�support�and�fund�mobility�within�such�areas.��Chapter�2009�96,�section�4,�Laws�of�Florida.�

12. Section�163.3180(10)�� Except�in�transportation�concurrency�exception�areas,�local�governments�must�adopt�

the�level�of�service�established�by�the�Department�of�Transportation�for�roadway�facilities�on�the�Strategic�Intermodal�System.��Chapter�2009�96,�section�4,�Laws�of�Florida.�

13. Section�163.3180(12)(b)�&�(16)(i)�� Defines�a�backlogged�transportation�facility�to�be�one�on�which�the�adopted�level�of�

service�is�exceeded�by�existing�trips,�plus�additional�projected�background�trips.��Chapter�2009�85,�section�5,�Laws�of�Florida.�

2010:�[Chapters�2010�5,�2010�33,�2010�70,�2010�102,�2010�182,�2010�205,�and�2010�209,�Laws�of�Florida]�

1. Deletes�section�163.31771(6),�Florida�Statutes�(obsolete�language�that�addressed�an�accessory�dwelling�unit�repot);�no�sustentative�comprehensive�planning�requirement�impact.��Section�16,�Chapter�2010�5,�Laws�of�Florida.�

2. Chapter�2010�102,�Laws�of�Florida,�makes�several�minor�changes�which�do�not�affect�sustentative�comprehensive�planning�requirements:�

� Section�163.2526,�Florida�Statutes:�repealed�� Section�163.3167(2),�Florida�Statutes:�obsolete�language�deleted�� Section�163.3177(6)(h),�Florida�Statutes:�minor�wording�changes�� Section�163.3177(10)(k),�Florida�Statutes:�minor�wording�changes�� Section�163.3178(6),�Florida�Statutes:�obsolete�language�deleted�� Section�163.2511(1),�Florida�Statutes:�minor�wording�changes�� Section�163.2514,�Florida�Statutes:�minor�wording�changes�


1986��2015��

33��

� Section�163.3202,�Florida�Statutes:�minor�wording�changes�3. Chapter�2010�205,�Laws�of�Florida,�makes�several�minor�wording�changes�Chapter�163,�Part�II,�

Florida�Statutes,�which�do�not�affect�sustentative�comprehensive�planning�requirements:�� Section�163.3167(13),�Florida�Statutes�� Section�163.3177(4)(a),�Florida�Statutes�� Section�163.3177(6)(c),�(d)�and�(h),�Florida�Statutes�� Section�163.3191(2)(l),�Florida�Statutes�

4. Chapter�2010�209,�Laws�of�Florida,�makes�a�minor�wording�change�in�section�163.2523,�Florida�Statutes,�which�does�not�affect�substantive�comprehensive�planning�requirements.�

5. Section�163.31777(1)(a)�and�(3)(a)�� Deleted�the�phrase�“SMART�Schools�Clearinghouse”.��Chapter�2010�70,�section�11,�Laws�

of�Florida.�6. Section�163.3175(2)�

� Revises�section�163.3175,�Florida�Statutes,�to�list�the�14�military�installations�and�43�local�governments�affected�by�special�coordination�and�communication�requirements.��Section�1,�Chapter�2010�182,�Laws�of�Florida.�

7. Section�163.3177(6)(a)�� Revises�section�163.3`77(6)(a),�Florida�Statutes,�to�specify�that�the�43�local�governments�

listed�in�section�163.3175(2),�Florida�Statutes,�must�consider�the�factors�listed�in�section�163.3175(5),�Florida�Statutes,�when�considering�the�compatibility�of�land�uses�proximate�to�military�installations.��Chapter�2010�182,�section�2,�Laws�of�Florida.�

8. Section�163.3180(4)(b)�� Revised�section�163.3180(4)(b),�Florida�Statutes,�to�define�hangars�for�the�assembly,�

manufacture,�maintenance�or�storage�of�aircraft�as�public�transit�facilities.��Chapter�2010�33,�section�1,�Laws�of�Florida.�

2011:�[Chapter�2011�139,�Laws�of�Florida]�1. Section�163.2517(4)�

� Deletes�the�exemption�for�plan�amendments�to�designate�an�urban�infill�and�redevelopment�area�from�the�twice�per�year�amendment�limitation�of�Section�163.3187.�

2. Section�163.3161(1)�� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�

Regulation�Act”�to�“Community�Planning�Act.”�3. Section�163.3161(2)�

� Expresses�the�purpose�of�the�act,�changing�“control”�future�development�to�“manage”�future�development�“consistent�with�the�proper�role�of�local�government.”�

4. Section�163.3161(3)�[New]�� States�the�intent�of�the�act�is�to�focus�the�state�role�in�managing�growth�to�protect�the�

functions�of�important�state�resources�and�facilities.�


1986��2015��

34��

5. Section�163.3161(10)�� Modifies�the�intent�of�the�legislature�with�respect�to�how�comprehensive�plans�and�

amendments�affect�property�rights.�6. Section�163.3161(11)�[New]�

� Expresses�legislative�intent�to�recognize�and�protect�agriculture,�tourism,�and�military�presence�as�being�the�state’s�traditional�economic�base.�

7. Section�163.3161(12)�[New]�� Expresses�legislative�intent�to�not�require�local�government�plans�that�have�been�found�

to�be�in�compliance�to�adopt�amendments�implementing�the�new�statutory�requirements�until�the�evaluation�and�appraisal�period�provided�in�section�163.3191.�

8. Section�163.3162(4)�� Modifies�the�provisions�for�agricultural�lands�and�practices�to�state�that�a�plan�

amendment�for�an�agricultural�enclave�is�presumed�not�to�be�urban�sprawl�as�defined�in�section�163.3164.�

9. Section�163.3164�� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�

Regulation�Act”�to�“Community�Planning�Act”�and�sets�forth�new�and�modified�definitions,�many�of�which�were�included�in�repealed�Rule�9J�5.003,�Florida�Administrative�Code.�

10. Section�163.3164(1)�[New]�� Establishes�definition�for�“adaptation�action�area.”�

11. Section�163.3164(3)�[previously�in�Rule�Chapter�9J�5]�� Establishes�definition�for�“affordable�housing”�[same�meaning�as�in�Section�

420.0004(3)].�12. Section�163.3164(5)�[New]�

� Establishes�definition�of�“antiquated�subdivision.”�13. Section�163.3164(7)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“capital�improvement.”�14. Section�163.3164(9)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“compatibility.”�15. Section�163.3164(11)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“deepwater�ports.”�16. Section�163.3164(12)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“density.”�17. Section�163.3164(18)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“flood�prone�areas.”�18. Section�163.3164(19)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“goal.”�19. Section�163.3164(22)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“intensity.”�20. Section�163.3164(23)�[New]�


1986��2015��

35��

� Establishes�definition�of�“internal�trip�capture.”�21. Section�163.3164(28)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“level�of�service.”�22. Section�163.3164(32)�[Deleted]�

� Deletes�definition�of�“financial�feasibility.”�23. Section�163.3164(32)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“new�town.”�24. Section�163.3164(33)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“objective.”�25. Section�163.3164(34)�[Deleted]�

� Deletes�definition�of�“dense�urban�land�areas.”�26. Section�163.3164(36)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“policy.”�27. Section�163.3164(38)�

� Amends�the�definition�of�“public�facilities”�to�delete�health�systems�and�spoil�disposal�sites�for�maintenance�dredging�located�in�intracoastal�waterways�(except�sites�owned�by�ports).�

28. Section�163.3164(40)�� Changes�definition�of�“regional�planning�agency”�to�“the�council�created�pursuant�to�

chapter�186.”��29. Section�163.3164(41)�[previously�in�Rule�Chapter�9J�5]�

� Establishes�definition�of�“seasonal�population.”� �30. Section�163.3164(42)�

� Changes�definition�of�“optional�sector�plan”�to�“sector�plan”�and�clarifies�the�purpose�of�a�sector�plan.�The�term�includes�an�optional�sector�plan�that�was�adopted�before�the�effective�date�of�the�act.�

31. Section�163.3164(45)�[previously�in�Rule�Chapter�9J�5]�� Establishes�definition�of�“suitability.”�

32. Section�163.3164(46)�[New]�� Establishes�definition�of�“transit�oriented�development.”�

33. Section�163.3164(50)�� Clarifies�the�definition�of�“urban�service�area”�to�delete�the�term�“built�up”�and�to�

include�any�areas�identified�in�the�comprehensive�plan�as�urban�service�areas,�regardless�of�local�government�limitation.��

34. Section�163.3164(51)�[replaces�definition�previously�in�Rule�Chapter�9J�5]�� Establishes�new�definition�of�“urban�sprawl.”�

� �


1986��2015��

36��

35. Section�163.3167(2)�� Modifies�requirements�for�maintaining�comprehensive�plan,�deleting�the�reference�to�

section�163.3184�and�the�requirement�that�proposed�plan�amendments�be�submitted�to�the�state�land�planning�agency.�

36. Section�163.3167(3)�and�(6)�[Deleted]�� Deletes�provisions�for�regional�planning�agency�adoption�of�plan�amendments�for�

elements�and�amendments�not�prepared�by�a�local�government.��37. Section�163.3167(7)�[Deleted]�

� Deletes�provisions�for�local�government�challenge�of�costs�associated�with�preparing�a�comprehensive�plan�and�related�state�land�planning�agency�action.�

38. Section�163.3167(11)�[Deleted]�� Deletes�provisions�for�encouraging�each�local�government�to�articulate�a�vision�of�its�

future�physical�appearance�and�qualities�of�its�community.�39. Section�163.3168(1)�–�(4)�[New]�

� Establishes�provisions�for�“planning�innovations�and�technical�assistance”�and�clarifies�the�roles�of�the�state�land�planning�agency�and�all�other�appropriate�state�and�regional�agencies�in�the�process.�Requires,�upon�request�by�the�local�government,�the�state�land�planning�agency�to�coordinate�multi�agency�assistance�on�plan�amendments�that�may�adversely�impact�important�state�resources�or�facilities.�Requires�the�state�land�planning�agency�to�provide�on�its�website�guidance�on�the�submittal�and�adoption�of�comprehensive�plans,�amendments�and�land�development�regulations,�prohibiting�such�guidance�from�being�adopted�by�rule�and�exempting�such�guidance�from�section�120.54(1)(a).�

40. Section�163.3171(4)�� Modifies�areas�of�authority�under�this�act�with�respect�to�joint�agreements�and�

intergovernmental�coordination�between�cities�and�counties�and�planning�in�advance�of�jurisdictional�changes.�

41. Section�163.3175(5)(d)�and�(6)�� Modifies�military�base�compatibility�provisions�to�not�require�that�commanding�officer�

comments,�underlying�studies�and�reports�be�binding�on�the�local�government.�Requires�the�affected�local�government�to�be�sensitive�to�private�property�rights�and�not�be�unduly�restrictive�on�those�rights�in�considering�the�comments�provided�by�the�commanding�officer�or�designee.�

42. Section�163.3175(9)�� Modified�to�require�that�any�local�government�comprehensive�plan�that�has�been�

amended�to�address�military�compatibility�requirements�after�2004�and�was�found�in�compliance�be�deemed�in�compliance�until�the�local�government�conducts�its�evaluation�and�appraisal�review�pursuant�to�section�163.3191�and�determines�that�amendments�are�necessary.�

43. Section�163.3177(1)�


1986��2015��

37��

� Modified�to�include�significant�portions�of�repealed�Rules�9J�5.001�and�9J�5.005,�Florida�Administrative�Code,�with�respect�to�the�principles,�guidelines,�standards�and�strategies�to�be�set�forth�in�required�and�optional�elements�of�the�comprehensive�plan�and�requirements�for�basing�these�elements�on�relevant,�appropriate�and�professionally�accepted�data.�

44. Section�163.3177(2)�� Deletes�financial�feasibility�requirements.�

45. Section�163.3177(3)(a)4�� Modifies�provisions�for�preparing�the�capital�improvements�element�to�require�the�

schedule�to�cover�a�5�year�period�and�identify�whether�projects�are�either�funded�or�unfunded�and�given�a�level�of�priority�for�funding.�Deletes�requirements�for�financial�feasibility.�

46. Section�163.3177(3)(b)�� Modifies�requirements�for�local�government�annual�review�of�capital�improvements�

element�to�no�longer�require�transmittal�of�the�adopted�amendment�to�the�state�land�planning�agency�and�deletes�provisions�related�to�sanctions�by�the�Administration�Commission,�adoption�of�long�term�concurrency�management�systems�and�financial�feasibility.�

47. Section�163.3177(5)(a)�� Modifies�planning�period�requirements,�allowing�additional�planning�periods�for�specific�

components,�elements,�land�use�amendments,�or�projects�as�part�of�the�planning�process.�

48. Section�163.3177(6)(a)�� Modifies�requirements�for�the�future�land�use�element�to�include�guidance�from�

repealed�Rule�9J�5.006,�Florida�Administrative�Code,�relative�to�general�range�of�density�or�intensity�of�uses�for�gross�land�area�and�establishing�a�long�term�end�toward�which�land�use�programs�and�activities�are�ultimately�directed.�

49. Section�163.3177(6)(a)2�and�3�� Modifies�the�standards�on�which�future�land�use�plan�and�plan�amendments�are�based�

to�include:�permanent�and�seasonal�population,�compatibility,�the�need�to�modify�land�uses�and�development�patterns�within�antiquated�subdivisions,�preservation�of�waterfronts,�location�of�schools�proximate�to�urban�residential�areas,�and�other�considerations�taken�from�repealed�Rule�9J�5.006,�Florida�Administrative�Code.�

50. Section�163.3177(6)(a)4�� Modifies�requirements�for�the�future�land�use�element�“to�accommodate�at�least�the�

minimum�amount�of�land�required�to�accommodate�the�medium�projections�of�the�University�of�Florida’s�Bureau�of�Economic�and�Business�Research�for�at�least�a�10�year�planning�period�unless�otherwise�limited.”�

51. Section�163.3177(6)(a)8�[New]�� Establishes�requirements�for�analyzing�future�land�use�map�amendments�using�portions�

of�repealed�Rule�9J�5.006,�Florida�Administrative�Code.�


1986��2015��

38��

52. Section�163.3177(6)(a)9�and�10�[New]�� Establishes�requirements�for�the�future�land�use�element�and�map�series,�including�with�

slight�revisions�the�primary�indicators�that�a�plan�or�plan�amendment�does�not�discourage�the�proliferation�of�urban�sprawl�that�were�in�repealed�Rule�9J�5.006,�Florida�Administrative�Code.�

53. Section�163.3177(6)(b)�� Modifies�requirements�for�the�transportation�element�to�include�significant�portions�of�

repealed�Rule�9J�5.019,�Florida�Administrative�Code,�addressing�circulation�of�recreational�traffic,�including�bicycle�facilities,�exercise�trails,�riding�facilities,�and�airport�master�plans.�

54. Section�163.3177(6)(c)�� Modifies�requirements�for�the�general�sanitary�sewer,�solid�waste,�drainage,�potable�

water,�and�natural�groundwater�aquifer�recharge�element�to�include�guidance�from�portions�of�repealed�Rule�9J�5.011,�Florida�Administrative�Code,�and�deletes�requirements�for�including�a�topographic�map�depicting�any�areas�adopted�by�a�water�management�district�as�prime�groundwater�recharge�areas�and�addressing�areas�served�by�septic�tanks.�

55. Section�163.3177(6)(c)3�� Modifies�potable�water�supply�planning�requirements�to�remove�the�provision�that�

states�that�“amendments�to�incorporate�the�work�plan�do�not�count�toward�the�limitation�on�the�frequency�of�adoption�of�amendments�to�the�comprehensive�plan.”�

56. Section�163.3177(6)(d)1�and�2�[New]�� Modifies�requirements�for�the�conservation�element�to�include�portions�of�repealed�

Rule�9J�5.013,�Florida�Administrative�Code,�to�list�the�natural�resources�to�be�identified,�analyzed�and�protected�and�toward�which�conservation�principles,�guidelines�and�standards�are�to�be�directed.�

57. Section�163.3177(6)(d)3�� Modifies�requirements�for�analyzing�current�and�projected�water�sources�for�a�10�year�

period�to�include�consideration�of�demands�for�industrial,�agricultural�and�potable�water�use�and�the�quality�and�quantity�of�water�available�to�meet�these�demands�and�the�existing�levels�of�conservation,�use�and�protection�and�policies�of�the�regional�water�management�district.�

58. Section�163.3177(6)(f)1�and�2�� Clarifies�requirements�for�the�housing�element�to�include�guidelines,�standards�and�

strategies�based�on�an�inventory�taken�from�the�latest�decennial�United�States�Census�or�more�recent�estimates�and�various�other�considerations�listed�in�repealed�Rule�9J�5.010,�Florida�Administrative�Code.�

59. Section�163.3177(6)(f)2�[Deleted]�� Deletes�requirement�for�an�affordable�housing�needs�assessment�conducted�by�the�

state�land�planning�agency.�60. Section�163.3177(6)(f)3�[New]�


1986��2015��

39��

� Based�on�repealed�Rule�9J�5.010,�Florida�Administrative�Code,�sets�forth�new�requirements�for�the�creation�and�preservation�of�affordable�housing,�elimination�of�substandard�housing�conditions,�providing�for�adequate�sites�and�distribution�for�a�range�of�incomes�and�types,�and�including�programs�for�partnering,�streamlined�permitting,�quality�of�housing,�neighborhood�stabilization,�and�improving�historically�significant�housing.�

61. Section�163.3177(6)(g)�� Modifies�the�objectives�of�the�coastal�management�element�and�includes�a�new�

requirement�for�preserving�historic�and�archaeological�resources.�62. Section�163.3177(6)(g)2�[Deleted]�

� Deletes�provisions�for�local�government�adoption�of�recreational�surface�water�use�policies.�

63. Section�163.3177(6)(g)10�[New]�� Sets�forth�an�option�for�the�local�government�to�develop�an�adaptation�action�area�

designation�for�low�lying�coastal�zones�experiencing�coastal�flooding�due�to�extreme�high�tides�and�storm�surge�and�that�are�vulnerable�to�the�impacts�of�rising�sea�level.�

64. Section�163.3177(6)(h)1.b�[Deleted]�� Deletes�requirement�for�intergovernmental�coordination�element�to�provide�for�

recognition�of�campus�master�plans�and�airport�master�plans.�65. Section�163.3177(6)(h)3.a�and�b�[New]�

� Modifies�requirements�for�the�intergovernmental�coordination�element�to�include�portions�of�repealed�Rule�9J�5.015,�Florida�Administrative�Code,�including�coordinating�and�addressing�impacts�on�adjacent�municipalities�and�coordinating�the�establishment�of�level�of�service�standards.�

66. Section�163.3177(6)(h)3�and�4�[Deleted]�� Deletes�requirements�in�intergovernmental�coordination�element�for�fostering�

coordination�between�special�districts�and�local�general�purpose�governments,�submittal�of�public�facilities�report,�execution�of�interlocal�agreement�with�district�school�board,�the�county�and�nonexempt�municipalities,�and�submittal�of�reports�to�the�Florida�Department�of�Community�Affairs�by�counties�with�populations�greater�than�100,000.�

67. Section�163.3177(6)(i),�(j),�(k)�[Deleted]�� Deletes�provisions�for�optional�elements�of�the�comprehensive�plan,�transportation�and�

traffic�circulation,�airport�compatibility�and�other�requirements�related�to�transportation�corridors�and�reduction�of�greenhouse�gas�emissions�specific�to�local�governments�within�an�urbanized�area.�

68. Section�163.3177(6)(k)�[Deleted]�� Deletes�provisions�for�airport�master�plans.�

69. Section�163.3177(7)(a)�(l)�[Deleted]�� Deletes�provisions�for�additional�plan�elements,�or�portions�or�phases�thereof,�including�

an�economic�development�element.�


1986��2015��

40��

70. Section�163.3177(8)�(14)�[Deleted]�� See�prior�table�entries�for�description�of�deleted�provisions.�

71. Section�163.3177(15)(a);�Now:�Section�163.3177(7)(a)�� See�Chapter�2011�139,�Laws�of�Florida.�

72. Section�163.3177(7)(c)2�� Modifies�provisions�for�processing�plan�amendments�for�land�located�within�a�rural�

agricultural�industrial�center�to�presume�that�these�amendments�are�not�urban�sprawl�as�defined�in�section�163.3164�and�shall�be�considered�within�90�days�after�any�review�required�by�the�state�land�planning�agency�if�required�by�section�163.3184.�

73. Section�163.31777(1)(b)�(d)�and�(2)�� Deletes�requirements�for�public�schools�interlocal�agreements�with�respect�to�submittal�

of�the�agreements�to�the�state�land�planning�agency�based�on�an�established�schedule�and�other�requirements�involving�the�state�land�planning�agency�related�to�waivers�and�exemptions.�

74. Section�163.31777(3)(a)�(c)�and�(4)�(7)�[Deleted]�� Deletes�requirements�related�to�the�submittal�of�comments�from�the�Office�of�

Educational�Facilities�on�the�interlocal�agreement,�challenges�to�the�state�land�planning�agency�notice�of�intent�and�other�review�process�requirements.�

75. Section�163.3180(1)�� Deletes�parks�and�recreation,�schools�and�transportation�from�the�list�of�public�facilities�

and�services�subject�to�the�concurrency�requirement�on�a�statewide�basis.�76. Section�163.3180�(1)(a)�and�(b)�[New]�

� Modifies�concurrency�requirements�to�include�portions�of�repealed�Rule�9J�5.0055,�Florida�Administrative�Code,�which�relate�to�achieving�and�maintaining�adopted�levels�of�service�for�a�5�year�period,�and�providing�for�rescission�of�any�optional�concurrency�provisions�by�plan�amendment,�which�is�not�subject�to�state�review.�

77. Section�163.3180(1)(b)�[Deleted]�� Deletes�requirement�that�professionally�accepted�techniques�be�used�for�measuring�

levels�of�service�for�automobiles,�bicycles,�pedestrians,�transit�and�trucks.�78. Section�163.3180(2)(b)�and�(c)�[Deleted]�

� Deletes�requirement�that�parks�and�recreation�facilities�to�serve�new�development�are�in�place�or�under�actual�construction�no�later�than�one�year�after�issuance�of�a�certificate�of�occupancy�or�its�functional�equivalent.�

79. Section�163.3180(3)�� Deletes�provisions�addressing�governmental�entities�and�establishment�of�binding�level�

of�service�standards�with�respect�to�limiting�the�authority�of�any�agency�to�recommend�or�make�objections,�recommendations,�comments�or�determinations�during�reviews�conducted�under�section�163.3184�

80. Section�163.3180(4)(b)�and�(c)�[Deleted]�� Deletes�concurrency�provisions�specifically�related�to�public�transit�facilities�and�urban�

infill�and�redevelopment�areas.�


1986��2015��

41��

81. Section�163.3180(5)(a)�(h)�[New]�� Establishes�concurrency�provisions�for�transportation�facilities,�which�include�portions�of�

repealed�Rule�9J�5.0055,�Florida�Administrative�Code.�Sets�forth�requirements�with�respect�to�adopted�level�of�service�standards,�including�use�of�professionally�accepted�studies�to�evaluate�levels�of�service,�achieving�and�maintaining�adopted�levels�of�service�standards,�and�including�the�projects�needed�to�accomplish�this�in�5�year�schedule�of�capital�improvements.�Requires�coordination�with�adjacent�local�governments�and�setting�forth�the�method�to�be�used�in�calculating�proportionate�share�contribution.�Defines�the�term�“transportation�deficiency.”�

82. Section�163.3180(6)�(13)�[Deleted]�� See�prior�table�entries�for�description�of�deleted�provisions.�

83. Section�163.3180(6)(a)�[New]�� Sets�forth�concurrency�provisions�for�public�education,�setting�forth�provisions�for�those�

local�governments�that�apply�concurrency�to�public�education.�If�a�county�and�one�or�more�municipalities�that�represent�at�least�80�percent�of�the�total�countywide�population�have�adopted�school�concurrency,�the�failure�of�one�or�more�municipalities�to�adopt�the�concurrency�and�enter�into�the�interlocal�agreement�does�not�preclude�implementation�of�school�concurrency�within�jurisdictions�of�the�school�district�that�have�opted�to�implement�concurrency.�

84. Section�163.3180(6)(f)1�and�2�� Modifies�school�concurrency�provisions�to�clarify�that�adoption�and�application�of�

school�concurrency�is�optional.�85. Section�163.3180(d)�[2014�cite:�Section�163.3180(g)]�

� Modifies�school�concurrency�provisions�to�remove�requirement�for�financial�feasibility�and�to�require�that�facilities�necessary�to�meet�adopted�levels�of�service�during�a�5�year�period�are�identified�and�consistent�with�the�school�board’s�educational�facilities�plan.�

86. Section�163.3180(h)1.a.,�b.�and�c.�[New]�� Modifies�school�concurrency�provisions�to�allow�a�landowner�to�proceed�with�

development�of�a�specific�parcel�of�land�notwithstanding�a�failure�of�the�development�to�satisfy�school�concurrency�if�certain�factors�are�shown�to�exist,�including�adequate�facilities�are�provided�for�in�the�capital�improvements�element�and�school�board’s�educational�facilities�plan,�demonstration�that�facilities�needs�can�be�reasonably�provided,�and�the�local�government�and�school�board�have�provided�a�means�by�which�proportionate�share�is�assessed.�

87. Section�163.3180(14)�(17)�[Deleted]�� See�prior�entries�for�description�of�deleted�provisions.�

88. Section�163.3182�[Revised]�� Changes�“transportation�concurrency�backlogs”�to�“transportation�deficiencies”�and�

makes�related�clarifications.�89. Section�163.3182(2)�[Revised]�


1986��2015��

42��

� Changes�“creation�of�transportation�concurrency�backlog�authorities”�to�“creation�of�transportation�development�authorities”�and�makes�related�clarifications.�

90. Section�163.3182(4)�[Revised]�� Changes�“powers�of�a�transportation�concurrency�backlog�authority”�to�“powers�of�a�

transportation�development�authority”�and�makes�related�clarifications.�91. Section�163.3184(1)(b)�[Revised]�

� Modifies�the�definition�of�“in�compliance”�to�include�a�reference�to�section�163.3248�and�delete�the�reference�to�now�repealed�chapter�9J�5,�Florida�Administrative�Code.�

92. Section�163.3184(1)(c)�[New]�� Provides�a�list�of�the�“reviewing�agencies.”�

93. Section�163.3184(2)�[New]�� Sets�forth�the�“expedited”�and�“coordinated”�review�processes.�

94. Section�163.3184(3)�and�(4)�[New]�� Sets�forth�requirements�for�adopting�and�processing�plan�amendments�according�to�the�

“expedited”�and�“coordinated”�review�processes,�the�scope�of�the�comments�to�be�provided�by�review�agencies,�responsibilities�of�the�state�land�planning�agency�with�respect�to�its�various�levels�of�review�and�coordination�with�other�state�agencies�and�public�hearings.�

95. Section�163.3184(5)�(7)�[New]�� Sets�forth�requirements�for�administrative�challenges�to�plans�and�plan�amendments,�

compliance�agreements�and�mediation�and�expeditious�resolution.�96. Section�163.3184(11);�2014�cite:�Section�163.3184(8)�

� Modifies�provisions�to�enable�the�administration�commission�to�specify�sanctions�to�which�the�local�government�will�be�subject�if�it�elects�to�make�a�plan�amendment�effective�notwithstanding�a�determination�of�noncompliance.��

97. Section�163.3184(15);�2014�cite:�Section�163.3184(11)�� Modifies�provisions�for�public�hearings�to�state�there�is�no�prohibition�or�limitation�on�

the�authority�of�local�governments�to�require�a�person�requesting�an�amendment�to�pay�some�or�all�of�the�cost�of�the�public�notice.�

98. Section�163.3184(12)�[New]�� Establishes�provisions�for�concurrent�zoning,�requiring�a�local�government,�at�the�

request�of�an�applicant,�to�consider�an�application�for�zoning�changes�that�would�be�required�to�properly�enact�any�proposed�plan�amendment�and�making�the�approved�zoning�changes�contingent�upon�the�comprehensive�plan�or�amendment�becoming�effective.�

99. Section�163.3184(13)�[New]�� Revises�provisions�to�require�that�no�proposed�local�government�comprehensive�plan�or�

plan�amendment�that�is�applicable�to�a�designated�area�of�critical�state�concern�shall�be�effective�until�a�final�order�is�issued�finding�the�plan�or�amendment�to�be�in�compliance�as�defined�in�subsection�(1)(b).�

100. Section�163.3187(1)(a)�(f);�2014�cite:�Section�163.3187(1)(a)�(d)�


1986��2015��

43��

� Modifies�provisions�to�address�the�process�for�adoption�of�small�scale�comprehensive�plan�amendments,�deleting�several�exceptions.�Plan�amendments�are�no�longer�limited�to�two�times�per�calendar�year�and�text�changes�that�relate�directly�to�and�are�adopted�simultaneously�with�small�scale�future�land�use�map�amendments�are�permissible.�

101. Section�163.3187(1)2.a�and�b;3,4�and�(e)�(q);�2014�Section�cite:�163.3187(2)�(5)�� Modifies�the�public�notice�requirements�for�small�scale�plan�amendments,�addressing�

petitions,�prohibiting�the�state�land�planning�agency�from�intervening�and�requiring�that�consideration�be�given�to�the�plan�amendment�as�a�whole�and�whether�it�furthers�the�intent�of�this�part�in�all�challenges.�

102. Section�163.3189;�Now:�Repealed�� See�prior�entries�for�description�of�deleted�provisions.�

103. Section�163.3191(1)�(14);�2014�cite:�Section�163.3191(1)�(5)�� Modifies�provisions�for�evaluation�and�appraisal�of�comprehensive�plan.�Maintains�the�

requirement�for�local�government�evaluation�of�plan�to�occur�at�least�once�every�7�years.�The�local�government�is�required�to�determine�if�amendments�are�necessary�to�reflect�changes�in�state�requirements�(only)�since�the�last�update�and�to�notify�the�state�land�planning�agency�by�letter�as�to�its�determination.�If�needed,�these�amendments�are�to�be�prepared�and�transmitted�within�1�year�of�this�determination�for�review�pursuant�to�section�163.3184(4)�(State�Coordinated�Review).�Local�governments�are�encouraged�to�comprehensively�evaluate�and�as�necessary�update�plans�to�reflect�changes�in�local�conditions.�If�a�local�government�fails�to�submit�its�notification�letter�to�the�state�land�planning�agency�or�fails�to�update�its�plan�to�reflect�changes�in�state�requirements,�then�the�local�government�is�prohibited�from�amending�its�plan�until�it�complies�with�these�requirements.�The�state�land�planning�agency�may�not�adopt�rules�to�implement�this�section,�other�than�procedural�rules�or�a�schedule�indicating�when�local�governments�must�comply�with�these�requirements.�

104. Section�163.3217(2)�� Deletes�the�reference�to�section�163.3187(1)�and�provisions�regarding�the�frequency�of�

adoption�of�plan�amendments�as�they�relate�to�adoption�of�a�municipal�overlay.�105. Section�163.3220(3)�

� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�Regulation�Act”�to�“Community�Planning�Act.”�

106. Section�163.3221(2)�and�(11)�� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�

Regulation�Act”�to�“Community�Planning�Act.”�107. Section�163.3229�

� Revises�the�duration�of�a�development�agreement�from�20�years�to�30�years,�unless�it�is�extended�by�mutual�consent,�and�deletes�reference�to�sections�163.3187�and�163.3189�regarding�compliance�determination�by�state�land�planning�agency.�

108. Section�163.3235�


1986��2015��

44��

� Modifies�provisions�for�periodic�review�of�a�development�agreement�to�delete�requirements�for�annual�review�conducted�during�years�6�through�10,�incorporation�of�the�review�into�a�written�report�and�the�state�land�planning�agency�adoption�of�rules�regarding�the�contents�of�the�report.�

109. Section�163.3239�� Deletes�requirements�that�a�copy�of�the�recorded�development�agreement�be�

submitted�to�the�state�land�planning�agency�within�14�days�after�the�agreement�is�recorded�and�for�the�effectiveness�of�the�agreement�based�on�receipt�by�the�state�land�planning�agency.�

110. Section�163.3245(1)�� Changes�“Optional�Sector�Plans”�to�“Sector�Plans”�and�clarifies�the�intent�to�promote�

and�encourage�long�term�planning�for�conservation,�development�and�agriculture�on�a�landscape�scale�and�protection�of�regionally�significant�resources,�including�regionally�significant�water�courses�and�wildlife�corridors.�Revises�the�amount�of�geographic�area�intended�for�sector�plans�from�at�least�5,000�acres�to�at�least�15,000�acres�and�protection�of�public�facilities.�

111. Section�163.3245(2)�� Deletes�provisions�for�the�state�land�planning�agency�entering�into�an�agreement�to�

authorize�preparation�of�an�optional�sector�plan,�and�consideration�of�the�state�comprehensive�and�strategic�regional�policy�plans,�and�clarifies�the�process�for�scoping�meetings�and�joint�planning�agreements.�

112. Section�163.3245(3)�� Modifies�the�provisions�for�two�levels�of�sector�planning,�clarifying�the�requirements�for�

the�long�term�master�plan�and�detailed�specific�area�plan.�These�plans�may�be�based�upon�a�planning�period�longer�than�timeframe�on�which�the�local�comprehensive�plan�is�based�and�are�not�required�to�demonstrate�need.�The�state�land�planning�agency�is�required�to�consult�with�certain�other�agencies�as�part�of�its�review�of�the�plans.�

113. Section�163.3245(4)�[New]�� Requires�consistency�with�any�long�range�transportation�plan�and�regional�water�supply�

plans,�including�consideration�of�water�supply�availability�and�consumptive�use�permitting.�

114. Section�163.3245(5)(d)�[New]�� Requires�the�detailed�specific�area�plan�to�establish�a�buildout�date�until�which�the�

approved�development�is�not�subject�to�downzoning,�unit�density�reduction�or�intensity�reduction,�with�certain�exceptions.�

115. Section�163.3245(6)�[New]�� Establishes�provisions�for�master�development�approval,�pursuant�to�section�

380.06(21),�for�the�entire�planning�area�in�order�to�establish�a�buildout�date�and�describes�the�level�of�detail�appropriate�for�review�of�the�application.�

116. Section�163.3245(7)�[New]�


1986��2015��

45��

� Establishes�provisions�for�a�developer�within�an�area�subject�to�a�long�term�master�plan�or�detailed�specific�area�plan�to�enter�into�a�development�agreement.�

117. Section�163.3245(8)�[New]�� Establishes�provisions�for�landowner�withdrawal�of�consent�to�the�master�plan�relative�

to�proposed�and�adopted�amendments.�118. Section�163.3245(9)�[New]�

� Allows�the�right�to�continue,�after�adoption�of�a�long�term�master�plan�or�a�detailed�specific�area�plan,�existing�agricultural�or�silvicultural�uses�or�other�natural�resource�based�operations�or�establishment�of�similar�new�uses�that�are�consistent�with�plans�approved�pursuant�to�this�section.�

119. Section�163.3245(10)�[New]�� Allows�the�state�land�planning�agency�to�enter�into�an�agreement�with�a�local�

government�that�on�or�before�July�1,�2011�adopted�a�large�area�comprehensive�plan�amendment�consisting�of�at�least�15,000�acres�based�on�certain�requirements.�

120. Section�163.3245(11)�[New]�� Addresses�a�detailed�specific�area�plan�to�implement�a�conceptual�long�term�buildout�

overlay�found�in�compliance�before�July�1,�2011.�121. Section�163.3245(12)�[New]�

� Provides�for�a�landowner�or�developer�that�has�received�approval�of�a�master�DRI�development�order�to�implement�this�order�by�filing�application(s)�to�approve�the�detailed�specific�area�plan.�

122. Section�163.3246(9)(a)�� Modifies�provisions�in�the�local�government�comprehensive�planning�certification�

program�to�allow�small�scale�development�amendments�to�follow�the�process�in�section�163.3187.�

123. Section�163.3246(12)�� Deletes�provisions�in�the�local�government�comprehensive�planning�certification�

program�that�address�the�failure�to�adopt�a�timely�evaluation�and�appraisal�report�and�failure�to�adopt�an�evaluation�and�appraisal�report�found�to�be�sufficient.�

124. Section�163.3246(14)�[Deleted]�� Deletes�the�requirement�that�the�Office�of�Program�Policy�Analysis�and�Government�

Accountability�prepare�a�report�evaluating�the�certification�program.�125. Section�163.32465;�Now:�Repealed�

� See�prior�entries�for�description�of�repealed�provisions.�126. Section�163.3248�[New]�

� Establishes�provisions�for�Rural�Land�Stewardship�Areas,�which�were�provided�for�as�part�of�the�innovative�and�flexible�planning�and�development�strategies�in�now�repealed�section�163.3177(11).�

127. Section�163.3248(1)�[New]�� Sets�forth�the�intent�of�Rural�Land�Stewardship�Areas�

128. Section�163.3248(2)�[New]�


1986��2015��

46��

� Establishes�a�process�upon�which�local�governments�may�adopt�a�future�land�use�overlay,�which�may�not�require�a�demonstration�of�need�based�on�population�projections�or�any�other�factors.�

129. Section�163.3248(3)�[New]�� Sets�forth�six�broad�principles�of�rural�sustainability�that�rural�land�stewardship�areas�

are�to�further.�130. Section�163.3248(4)�[New]�

� Provides�for�agency�assistance�and�participation�to�local�governments�or�property�owners�in�development�of�a�plan�for�rural�land�stewardship�area.�

131. Section�163.3248(5)�[New]�� Requires�that�a�rural�land�stewardship�area�not�be�less�than�10,000�acres,�is�located�

outside�of�municipalities�and�established�urban�service�areas�and�is�designated�by�plan�amendment�by�each�local�government�with�jurisdiction.�

132. Section�163.3248(5)(a)�(d)�[New]�� Requires�the�plan�amendment(s)�designating�a�rural�land�stewardship�area�to�be�

reviewed�pursuant�to�section�163.3184�and�to�meet�certain�requirements�involving�criteria�for�designating�receiving�areas,�the�application�of�innovative�planning�and�development�strategies,�a�process�for�implementing�these�strategies�and�a�mix�of�densities�and�intensities�that�would�not�be�characterized�as�urban�sprawl.�

133. Section�163.3248(6)�[New]�� Requires�a�receiving�area�to�be�designated�only�pursuant�to�procedures�established�in�

the�local�government’s�land�development�regulations.�If�approval�of�the�designation�by�a�county�board�of�county�commissioners�is�required,�it�is�to�be�made�by�resolution�with�a�simple�majority�vote.�A�listed�species�survey�must�be�performed�and�coordinated�with�appropriate�agencies�if�listed�species�occur�on�the�receiving�area�development�site.�Protective�measures�must�be�based�on�the�rural�land�stewardship�area�as�a�whole.�

134. Section�163.3248(7)�[New]�� Sets�forth�requirements�for�establishing�a�rural�land�stewardship�overlay�zoning�district�

and�methodology�for�the�creation,�conveyance,�and�use�of�transferrable�rural�land�use/stewardship�credits.�

135. Section�163.3248(8)(a)�(k)�[New]�� Sets�forth�limitations�for�creating,�assigning�and�transferring�stewardship�credits�based�

on�underlying�permitted�uses,�densities�and�intensities,�and�considerations�for�assigning�credits�based�on�the�value�and�location�of�land�and�environmental�resources.�

136. Section�163.3248(9)(a)�(e)�[New]�� Provides�for�incentives�to�owners�of�land�within�rural�land�stewardship�sending�areas,�in�

addition�to�use�or�conveyance�of�credits,�to�enter�into�rural�land�stewardship�agreements.�

137. Section�163.3248(10)�[New]�


1986��2015��

47��

� Expresses�the�intent�of�the�section�as�an�overlay�of�land�use�options�that�provide�economic�and�regulatory�incentives�for�landowners�outside�of�established�and�planned�urban�service�areas.�

138. Section�163.3248(11)�[New]�� Expresses�the�intent�of�the�Legislature�that�the�rural�land�stewardship�area�in�Collier�

County�be�recognized�as�a�statutory�rural�land�stewardship�area�and�be�afforded�the�incentives�in�this�section.�

139. Section�163.360(2)(a)�� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�

Regulation�Act”�to�“Community�Planning�Act.”�140. Section�163.516(3)(a)�

� Changes�“Local�Government�Comprehensive�Planning�and�Land�Development�Regulation�Act”�to�“Community�Planning�Act.”�

2012:�[Chapters�2012�5,�2012�75,�2012�83,�2012�90,�2012�96�and�2012�99,�Laws�of�Florida]�

1. Section�163.3162(2)(a)�� Rewords�the�definition�of�“farm”�to�the�same�meaning�provided�in�section�823.14�

2. Section�163.3162(2)(b)�� Rewords�the�definition�of�farm�operation�to�the�same�meaning�provided�in�section�

823.14�3. Section�163.3162(2)(d)�

� Adds�a�definition�of�“governmental�entity,”�which�has�the�same�meaning�provided�in�section�164.1031.�The�term�does�not�include�a�water�control�district�or�a�special�district�created�to�manage�water.�

4. Section�163.3162(3)(b)�� Changes�“county”�to�“governmental�entity”�

5. Section�163.3162(3)(c)�� Changes�“county”�to�“governmental�entity”�

6. Section�163.3162(3)(c)3.�� Changes�“county”�to�“governmental�entity”�

7. Section�163.3162(3)(c)3.(i)�� Changes�“county”�to�“governmental�entity”�

8. Section�163.3162�Note�� Adds�provisions�related�to�agricultural�enclaves�

9. Section�163.3167(8)�� Provides�that�any�local�government�charter�provision�that�was�in�effect�as�of�June�1,�

2011�for�an�initiative�or�referendum�process�for�development�orders�or�comprehensive�plan�amendments�may�be�retained�and�implemented�

10. Section�163.3174(4)(b)�


1986��2015��

48��

� Changes�the�“preparation�of�the�periodic�reports”�to�“the�periodic�evaluation�and�appraisal�of�the�comprehensive�plan”�

11. Section�163.3175(5)�� Adds�“advisory”�to�define�the�commanding�officer’s�comments�on�the�impact�of�

proposed�changes�on�military�bases,�and�requires�the�comments�to�be�based�on�appropriate�data�and�analysis�which�must�be�provided�to�the�local�government�with�the�comments�

12. Section�163.3175(5)(d)�� Requires�local�governments�to�consider�the�commanding�officer’s�comments�in�the�

same�manner�as�comments�from�other�reviewing�agencies,�and�deletes�the�language�that�states�the�comments�are�not�binding.�

13. Section�163.3175(6)�� Adds�language�requiring�the�local�government�to�consider�the�accompanying�data�and�

analysis�provided�by�the�commanding�officer,�in�addition�to�the�comments,�and�adds�language�stating�that�consideration�shall�be�based�on�how�the�change�relates�to�the�strategic�mission�of�the�base,�public�safety�and�the�economic�vitality�of�the�base�while�respecting�private�property�rights�

14. Section�163.3177(1)(f)3.�� Changes�the�“University�of�Florida’s�Bureau�of�Economic�and�Business�Research”�to�the�

“Office�of�Economic�and�Demographic�Research”�and�adds�language�stating�that�population�projections�must,�at�a�minimum,�reflect�each�area’s�proportional�share�of�the�total�county�population�and�the�total�county�population�growth�

15. Section�163.3177(6)(a)4.�� Changes�the�“University�of�Florida’s�Bureau�of�Economic�and�Business�Research”�to�the�

“Office�of�Economic�and�Demographic�Research”�16. Section�163.3177(6)(a)8.c.�

� Changes�the�requirement�that�future�land�use�map�amendments�be�based�on�an�analysis�of�the�minimum�amount�of�land�needed�as�determined�by�the�local�government,�to�instead�be�based�on�an�analysis�of�the�minimum�amount�of�land�needed�to�achieve�the�requirements�of�the�statute�

17. Section�163.3177(6)(f)2.�� Deletes�the�requirement�that�the�housing�element�be�based�in�part�on�an�inventory�

taken�from�the�latest�Census�18. Section�163.31777(3)�

� Moves�the�exemptions�from�having�a�public�school�interlocal�agreement�from�section�163.3180(6)(i)�to�section�163.31777(3)�

19. Section�163.31777(4)�� Adds�language�requiring�each�local�government�exempt�from�having�a�public�school�

interlocal�agreement�to�assess�at�the�time�of�evaluation�and�appraisal�if�the�local�government�still�meets�the�requirements�for�exemptions�described�in�section�163.31777(3).�Each�local�government�that�is�exempt�must�comply�with�the�interlocal�


1986��2015��

49��

agreement�provisions�within�one�year�of�a�new�school�within�the�municipality�being�proposed�in�the�5�year�district�facilities�work�program�

20. Section�163.3178(3)�� Replaces�“Department�of�Community�Affairs”�with�“state�land�planning�agency”�and�

changes�the�language�that�stated�intermodal�transportation�facilities�“shall”�not�be�designated�as�developments�of�regional�impact�to�“may”�not�be�designated�as�developments�of�regional�impact.�

21. Section�163.3178(6)�� Deletes�the�provision�that�the�Coastal�Resources�Interagency�Management�Committee�

shall�identify�incentives�to�encourage�local�governments�to�adopt�siting�plans�and�uniform�criteria�and�standards�to�be�used�by�local�governments�to�implement�state�goals�related�to�marina�siting�

22. Section�163.3180(1)(a)�� Adds�language�stating�that�an�amendment�that�rescinds�concurrency�shall�be�processed�

under�the�expedited�state�review�process,�and�is�not�required�to�be�transmitted�to�reviewing�agencies�for�comment,�except�for�agencies�that�have�requested�transmittal,�and�for�municipal�amendments,�it�must�be�transmitted�to�the�county.�A�copy�of�the�adopted�amendment�shall�be�transmitted�to�the�state�land�agency.�If�the�amendment�rescinds�transportation�or�school�concurrency,�the�adopted�amendment�must�also�be�sent�to�the�Department�of�Transportation�or�Department�of�Education,�respectively.�

23. Section�163.3180(6)(a)�� Provides�general�rewording.�Adds�language�to�clarify�that�the�choice�of�one�or�more�

municipality�to�not�adopt�school�concurrency�does�not�preclude�implementation�of�school�concurrency�within�other�jurisdictions�of�the�school�district.�

24. Section�163.3180(6)(i)�� Moved�to�section�163.31777(3)�

25. Section�163.3184(2)(c)�� Adds�developments�that�are�proposed�under�section�380.06(24)(x)�to�the�list�of�

amendments�that�must�follow�the�state�coordinated�review�process.�26. Section�163.3184(3)(b)1.�

� Added�the�word�“working”�to�clarify�the�number�of�days�a�local�government�has�to�transmit�an�amendment�

27. Section�163.3184(3)(b)2.�� Changed�the�time�limit�for�the�reviewing�agencies’�transmittal�to�30�days�“after”�instead�

of�“from”�the�date�the�amendment�was�received�28. Section�163.3184(3)(c)2.�

� Added�the�word�“working”�to�clarify�the�number�of�days�a�local�government�has�to�transmit�an�amendment�

29. Section�163.3184(4)(b)�


1986��2015��

50��

� Changes�the�time�limit�a�local�government�has�to�transmit�an�amendment�from�“immediately�following”�the�first�public�hearing�to�“�within�10�working�days�after”�the�first�public�hearing�

30. Section�163.3184(4)(e)2.�� Added�the�word�“working”�to�clarify�the�number�of�days�a�local�government�has�to�

transmit�an�amendment�31. Section�163.3184(5)(b)�

� Corrects�the�citation�related�to�plan�amendment�package�completeness�from�(3)(c)3.�to�(4)(e)3.�

32. Section�163.3184(5)(d)�� Changes�the�time�limit�by�which�the�Administration�Commission�must�enter�into�a�final�

order�from�45�days�after�the�receipt�of�the�recommended�order�to�the�time�period�specified�in�section�120.569.�

33. Section�163.3184(5)(e)1.�� Changes�the�time�limit�for�the�state�land�planning�agency�to�submit�a�not�in�compliance�

recommended�order�to�the�Administration�Commission�from�no�later�than�30�days�after�the�receipt�of�the�recommended�order�to�the�time�period�provided�in�section�120.569�

34. Section�163.3184(5)(e)2.�� Changes�the�time�limit�by�which�the�state�land�planning�agency�must�enter�into�an�in�

compliance�final�order�from�30�days�after�the�receipt�of�the�recommended�order�to�the�time�period�provided�in�section�120.569�

35. Section�163.3184(6)(f)�� Changes�the�time�period�by�which�the�state�land�planning�agency�must�issue�a�

cumulative�notice�of�intent�from�“upon�receipt�of�a�plan�or�plan�amendment�adopted�pursuant�to�a�compliance�agreement”�to�“within�20�days�after�receiving�a�complete�plan�or�plan�amendment�adopted�pursuant�to�a�compliance�agreement”�

36. Section�163.3184(8)(b)1.a.�� Changes�the�statutory�reference�for�the�Florida�Small�Cities�Community�Development�

Block�Grant�program�37. Section�163.3184(12)�

� Changes�“subsection”�to�“section”�38. Section�163.3191(3)�

� Changes�“in�accordance�with”�to�“pursuant�to”�and�adds�(4)�to�the�section�163.3184�citation.�

39. Section�163.3204�� Replaces�“Department�of�Community�Affairs”�with�“state�land�planning�agency”�and�

changes�“this”�Act�to�“the�Community�Planning�Act”�40. Section�163.3213(6)�

� Changes�the�citation�that�refers�to�the�sanctions�that�can�be�the�sole�issue�before�the�Administration�Commission�when�land�development�regulations�are�inconsistent�with�


1986��2015��

51��

the�comprehensive�plan�from�section�163.3184(11)(a)�or�(b)�to�sections�163.3184(8)(a)�or�(b)1.�or�2.�

41. Section�163.3221(14)�� Changes�the�definition�of�state�land�planning�agency�to�refer�to�the�Department�of�

Economic�Opportunity�instead�of�the�Department�of�Community�Affairs�42. Section�163.3245(1)�

� Deletes�the�reference�to�section�163.3177(11)�43. Section�163.3245(7)�

� Deletes�the�requirement�that�the�department�provide�an�annual�status�report�to�the�legislature�regarding�every�optional�sector�plan.�

44. Section�163.3245(9)�� Adds�“or�her”�to�“his�consent�to�the�master�plan”�

45. Section�163.3246(1)�� Replaces�“Department�of�Community�Affairs”�with�“state�land�planning�agency”�

46. Section� 163.3247(5)(a)�� Replaces�“Secretary�of�Community�Affairs”�with�“executive�director�of�the�state�land�

planning�agency”�47. Section�163.3247(5)(b)�

� Replaces�“Department�of�Community�Affairs”�with�“state�land�planning�agency”�48. Section�163.3248(6)�

� Removes�the�word�“county”�from�“board�of�commissioners”�

2013:�[Chapters�2013�15,�2013�78,�2013�115,�2013�213,�2013�224�and�2013�239,�Laws�of�Florida]�

1. Section�163.2136(3)(c)�(k)�[re�numbered]�� Re�numbers�section�163.3162(3)(b)�(j)�as�163.3162(3)(c)�(k)�in�order�to�accommodate�

new�section�163.3162(3)(b)�–�see�item�4�below.�2. Section�163.3162(2)(d)�

� Amends�the�definition�of�“governmental�entity”�in�the�provisions�for�agricultural�lands�and�practices,�clarifying�that�in�addition�to�not�including�a�water�control�district�established�under�chapter�298�or�a�special�district�created�by�special�act�for�water�management�purposes,�the�term�does�not�include�a�water�management�district.�

3. Section�163.3162(3)(a)�� Replaces�“county”�with�“governmental�entity.”�

4. Section�163.3162(3)(b)�[New]�� Prohibits�a�governmental�entity�from�charging�a�fee�on�a�specific�agricultural�activity�of�a�

bona�fide�farm�operation�on�land�classified�as�agricultural�land�pursuant�to�section�193.461,�if�such�agricultural�activity�is�regulated�through�implemented�best�management�practices,�interim�measures,�or�regulations�adopted�as�rules�under�chapter�120�by�the�Department�of�Environmental�Protection,�the�Department�of�Agriculture�and�


1986��2015��

52��

Consumer�Services,�or�a�water�management�district�as�part�of�a�statewide�or�regional�program;�or�if�such�agricultural�activity�is�expressly�regulated�by�the�United�States�Department�of�Agriculture,�the�United�States�Army�Corps�of�Engineers,�or�the�United�States�Environmental�Protection�Agency.�

5. Section�163.3167(8)(a)�[New]�� Clarifies�the�provisions�for�growth�management�that�an�initiative�or�referendum�process�

in�regard�to�any�development�order�is�prohibited.�Removes�language�that�allowed�an�initiative�or�referendum�process�by�a�local�government�charter�in�effect�as�of�June�1,�2011�to�be�retained�and�implemented.�

6. Section�163.3167(8)(b)�[New]�� Clarifies�that�an�initiative�or�referendum�process�in�regard�to�any�local�comprehensive�

plan�amendment�or�map�amendment�is�prohibited,�except�for�those�amendments�that�affect�more�than�five�parcels�of�land�if�it�is�expressly�authorized�by�specific�language�in�a�local�government�charter�that�was�lawful�and�in�effect�on�June�1,�2011.�A�general�local�government�charter�provision�for�an�initiative�or�referendum�process�is�not�sufficient.�

7. Section�163.3167(8)(c)�[New]�� States�the�intent�of�the�Legislature�is�to�prohibit�any�initiative�and�referendum�in�regard�

to�any�development�order,�and�prohibit�any�initiative�and�referendum�in�regard�to�any�local�comprehensive�plan�or�map�amendment�except�as�specifically�and�narrowly�permitted�in�paragraph�(b).�States�these�prohibitions�are�remedial�in�nature�and�apply�retroactively�to�any�initiative�or�referendum�process�commenced�after�June�1,�2011,�clarifying�that�any�such�initiative�or�referendum�process�that�has�been�commenced�or�completed�thereafter�is�null�and�void�and�of�no�legal�force�and�effect.�

8. Section�163.3180(5)(h)1�[New]�� Revises�and�adds�requirements�for�local�governments�that�continue�to�implement�a�

transportation�concurrency�system,�whether�in�the�form�adopted�into�the�comprehensive�plan�before�the�effective�date�of�the�Community�Planning�Act,�Chapter�2011�139,�Laws�of�Florida,�or�as�subsequently�modified.�

9. Section�163.3180(5)(h)1.c�[New]�� Adds�“development�agreement”�in�the�listed�land�use�development�permits�for�which�

an�applicant�may�satisfy�transportation�concurrency�requirements�of�the�local�comprehensive�plan,�the�local�government’s�concurrency�management�system�and�section�380.06�when�applicable,�if�conditions�in�subsequent�sections�are�met.�

10. Section�163.3180(5)(h)1.c.II�[New]�� Adds�language�allowing�a�local�government�to�accept�contributions�from�multiple�

applicants�for�a�planned�improvement�if�it�maintains�contributions�in�a�separate�account�designated�for�that�purpose.�

11. Section�163.3180(5)(h)1.d�[New]�� Modifies�language�to�require�local�governments�that�continue�to�implement�a�

transportation�concurrency�system�to�“provide�the�basis�upon�which�the�landowners�


1986��2015��

53��

will�be�assessed�a�proportionate�share�of�the�cost�addressing�the�transportation�impacts�resulting�from�a�proposed�development.�

12. Section�163.3180(5)(h)3�[New]�� Clarifies�that�a�local�government�is�not�required�to�approve�a�development�that,�for�

reasons�other�than�transportation�impacts,�is�not�qualified�for�approval�pursuant�to�the�applicable�local�comprehensive�plan�and�land�development�regulations.�

13. Section�163.3180(5)(i)�[New]�� Sets�forth�new�provisions�for�any�local�government�that�elects�to�repeal�transportation�

concurrency.�� Encourages�adoption�of�alternative�mobility�funding�system�that�uses�one�or�more�of�

the�tools�and�techniques�identified�in�subsection�(f).�� Clarifies�that�any�alternative�mobility�funding�system�adopted�may�not�be�used�to�deny,�

time�or�phase�an�application�for�site�plan�approval,�plat�approval,�final�subdivision�approval,�building�permits,�or�the�functional�equivalent�of�such�approvals�provided�that�the�developer�agrees�to�pay�for�the�development’s�identified�transportation�impacts�via�the�funding�mechanism�implemented�by�the�local�government.�States�that�the�revenue�from�the�funding�mechanism�used�in�the�alternative�system�must�be�used�to�implement�the�needs�of�the�local�government’s�plan�which�serves�as�the�basis�for�the�fee�imposed.��

� Requires�a�mobility�fee�based�funding�system�to�comply�with�the�dual�rational�nexus�test�applicable�to�impact�fees.�An�alternative�system�that�is�not�mobility�fee�based�shall�not�be�applied�in�a�manner�that�imposes�upon�new�development�any�responsibility�for�funding�an�existing�transportation�deficiency�as�defined�in�subsection�(h).�

14. Section�163.3246(1),(4)�(7),�(9)(a),�(12)�and�(13)�� Changes�numerous�references�in�the�provisions�for�the�local�government�

comprehensive�planning�certification�program�from�“department”�to�“state�land�planning�agency.”�

15. Section�163.325�[New]�� Creates�short�title�for�sections�163.325�163.3253�as�the�“Manufacturing�

Competitiveness�Act.”�16. Section�163.3251(1)–(6)�[New]�

� Creates�six�definitions�as�used�in�the�provisions�for�manufacturing�development�in�sections�163.3251�163.3253:�

� (1)�“Department”�means�Department�of�Economic�Opportunity;�� (2)�“Local�government�development�approval”�means�a�local�land�development�permit,�order,�or�other�approval�issued�by�a�local�government,�or�a�modification�of�such�permit,�order,�or�approval,�which�is�required�for�a�manufacturer�to�physically�locate�or�expand�and�includes,�but�is�not�limited�to,�the�review�and�approval�of�a�master�development�plan�required�under�section�163.3252(2)(c).�

� (3)�“Local�manufacturing�development�program”�means�a�program�enacted�by�a�local�government�for�approval�of�master�development�plans�under�section�163.3252.�


1986��2015��

54��

� (4)�“Manufacturer”�means�a�business�that�is�classified�in�Sectors�31�33�of�the�National�American�Industry�Classification�System�(NAICS)�and�is�located,�or�intends�to�locate,�within�the�geographic�boundaries�of�an�area�designated�by�a�local�government�as�provided�under�section�163.3252.�

� (5)�“Participating�agency”�means:�(a)�The�Department�of�Environmental�Protection,�(b)�The�Department�of�Transportation,�(c)�The�Fish�and�Wildlife�Conservation�Commission,�when�acting�pursuant�to�statutory�authority�granted�by�the�Legislature�and�(d)�Water�management�districts.�

� (6)�“State�development�approval”�means�a�state�or�regional�permit�or�other�approval�issued�by�a�participating�agency,�or�a�modification�of�such�permit�or�approval,�which�must�be�obtained�before�the�development�or�expansion�of�a�manufacturer’s�site,�and�includes,�but�is�not�limited�to,�those�specified�in�section163.3253(1).�

17. Section�163.3252�[New]�� Setting�forth�provisions�for�a�local�manufacturing�development�program�and�master�

development�approval�for�manufacturers,�allows�a�local�government�to�adopt�an�ordinance�establishing�a�local�manufacturing�development�program�through�which�the�local�government�may�grant�master�development�approval�for�the�development�or�expansion�of�sites�that�are,�or�are�proposed�to�be,�operated�by�manufacturers�at�specified�locations�within�the�local�government’s�geographic�boundaries.�

18. Section�163.3252(1)(a)�and�(b)�[New]�� Requires�a�local�government�that�elects�to�establish�a�local�manufacturing�development�

program�to�submit�a�copy�of�the�ordinance�establishing�the�program�to�DEO�within�20�days�after�the�ordinance�is�enacted.�

� A�local�government�ordinance�adopted�before�the�effective�date�of�this�act�establishes�a�local�manufacturing�development�program�if�it�satisfies�the�minimum�criteria�established�in�subsection�(3)�and�if�the�local�government�submits�a�copy�of�the�ordinance�to�DEO�on�or�before�September�1,�2013.�

19. Section�163.3252(2)[New]�� Requires�DEO�to�develop�a�model�ordinance�to�guide�local�governments�that�intend�to�

establish�a�local�manufacturing�development�program�by�December�1,�2013.�Requires�the�model�ordinance,�which�need�not�be�adopted�by�a�local�government,�to�include�the�elements�set�forth�in�sections�163.3252(2)(a)�(k).�

20. Section�163.3252(2)(a)�[New]�� Requires�the�model�ordinance�to�include�procedures�for�a�manufacturer�to�apply�for�a�

master�development�plan�and�procedures�for�a�local�government�to�review�and�approve�a�master�development�plan.�

21. Section�163.3252(2)(b)�[New]�� Requires�the�model�ordinance�to�identify�those�areas�within�the�local�government’s�

jurisdiction�which�are�subject�to�the�program.�22. Section�163.3252(2)(c)1�4�[New]�


1986��2015��

55��

� Requires�the�model�ordinance�to�include�the�minimum�elements�for�a�master�development�plan,�including�but�not�limited�to:�

� (1)�A�site�map�� (2)�A�list�proposing�the�site’s�land�uses�� (3)��The�maximum�square�footage,�floor�area�ratio,�and�building�heights�for�future�development�on�the�site,�specifying�with�particularity�those�features�and�facilities�for�which�the�local�government�will�require�the�establishment�of�maximum�dimensions,�and�

� (4)�Development�conditions�23. Section�163.3252(2)(d)1�11�[New]�

� Requires�the�model�ordinance�to�include�a�list�of�development�impacts,�if�applicable�to�the�proposed�site,�which�the�local�government�will�require�to�be�addressed�in�a�master�development�plan,�including�but�not�limited�to:��

� (1)�Drainage�� (2)�Wastewater�� (3)�Potable�water�� (4)�Solid�waste�� (5)�Onsite�and�offsite�natural�resources�� (6)�Preservation�of�historic�and�archeological�resources�� (7)�Offsite�infrastructure�� (8)�Public�services�� (9)�Compatibility�with�adjacent�offsite�land�uses�� (10)�Vehicular�and�pedestrian�entrance�to�and�exit�from�the�site,�and�� (11)�Offsite�transportation�impacts�

24. Section�163.3252(2)(e)�[New]�� Requires�the�model�ordinance�to�include�a�provision�vesting�any�existing�development�

rights�authorized�by�the�local�government�before�the�approval�of�a�master�development�plan,�if�requested�by�the�manufacturer.�

25. Section�163.3252(2)(f)�[New]�� Requires�the�model�ordinance�to�include�whether�an�expiration�date�is�required�for�a�

master�development�plan�and,�if�required,�a�provision�stating�that�the�expiration�date�may�not�be�earlier�than�10�years�after�the�plan’s�adoption.�

26. Section�163.3252(2)(g)1�and�2�[New]�� Requires�the�model�ordinance�to�include�a�provision�limiting�the�circumstances�that�

require�an�amendment�to�an�approved�master�development�plan�to:�(1)�Enactment�of�state�law�or�local�ordinance�addressing�an�immediate�and�direct�threat�to�the�public�safety�that�requires�an�amendment�to�the�master�development�order,�and�(2)�Any�revision�to�the�master�development�plan�initiated�by�the�manufacturer.�

27. Section�163.3252(2)(h)�[New]�


1986��2015��

56��

� Requires�the�model�ordinance�to�include�a�provision�stating�the�scope�of�review�for�any�amendment�to�a�master�development�plan�is�limited�to�the�amendment�and�does�not�subject�any�other�provision�of�the�approved�master�development�plan�to�further�review.��

28. Section�163.3252(2)(i)�[New]�� Requires�the�model�ordinance�to�include�a�provision�stating�that,�during�the�term�of�a�

master�development�plan,�the�local�government�may�not�require�additional�local�development�approvals�for�those�development�impacts�listed�in�paragraph�(d)�that�are�addressed�in�the�master�development�plan,�other�than�approval�of�a�building�permit�to�ensure�compliance�with�the�state�building�code�and�any�other�applicable�state�mandated�life�and�safety�code.�

29. Section�163.3252(2)(j)�[New]�� Requires�the�model�ordinance�to�include�a�provision�stating�that,�before�commencing�

construction�or�site�development�work,�the�manufacturer�must�submit�a�certification,�signed�by�a�licensed�architect,�engineer,�or�landscape�architect,�attesting�that�such�work�complies�with�the�master�development�plan.�

30. Section�163.3252(2)(k)�[New]�� Requires�the�model�ordinance�to�include�a�provision�establishing�the�form�that�will�be�

used�by�the�local�government�to�certify�that�a�manufacturer�is�eligible�to�participate�in�the�local�manufacturing�development�program�adopted�by�that�jurisdiction.�

31. Section�163.3252(3)(a)�(d)�[New]�� Requires�a�local�manufacturing�development�program�ordinance�to�as�a�minimum�be�

consistent�with�subsection�(2)�and�establish�procedures�for�(a)�Reviewing�an�application�from�a�manufacturer�for�approval�of�a�master�development�plan,�(b)�Approving�a�master�development�plan,�which�may�include�conditions�that�address�development�impacts�anticipated�during�the�life�of�the�development,�(c)�Developing�the�site�in�a�manner�consistent�with�the�master�development�plan�without�requiring�additional�local�development�approvals�other�than�building�permits�and�(d)�Certifying�that�a�manufacturer�is�eligible�to�participate�in�the�local�manufacturing�development�program.�

32. Section�163.3252(4)(a)�and�(b)1�and�2�[New]�� Prohibits�a�local�government�that�establishes�a�local�manufacturing�development�

program�from�abolishing�the�program�until�it�has�been�in�effect�for�at�least�24�months.�� Sets�forth�provisions�for�a�local�government’s�repealing�its�local�manufacturing�

development�program�ordinance,�stating�that�(1)�Any�application�for�a�master�development�plan�which�is�submitted�to�the�local�government�before�the�effective�date�of�the�repeal�is�vested�and�remains�subject�to�the�local�manufacturing�development�program�ordinance�in�effect�when�the�application�was�submitted;�and�(2)�The�manufacturer�that�submitted�the�application�is�entitled�to�participate�in�the�manufacturing�development�coordinated�approval�process�established�in�section�163.3253.�

33. Section�163.3253�[New]�


1986��2015��

57��

� Creates�provisions�for�a�coordinated�manufacturing�development�approval�process,�requiring�DEO�to�coordinate�the�manufacturing�development�approval�process�with�participating�agencies,�as�set�forth�in�this�section,�for�manufacturers�that�are�developing�or�expanding�in�a�local�government�that�has�a�local�manufacturing�development�program.�

34. Section�163.3253(1)(a)�(i)�[New]�� Requires�the�approval�process�to�include�collaboration�and�coordination�among,�and�

simultaneous�review�by,�the�participating�agencies�of�applications�for:�(a)�Wetland�or�environmental�resource�permits,�(b)�Surface�water�management�permits,�(c)�Stormwater�permits,�(d)�Consumptive�water�use�permits�(e)�Wastewater�permits,�(f)�Air�emission�permits,�(g)�Permits�relating�to�listed�species,�(h)�Highway�or�roadway�access�permits�and�(i)�Any�other�state�development�approval�within�the�scope�of�a�participating�agency’s�authority.�

35. Section�163.3253(2)(a)�and�(b)�[New]�� Requires�a�manufacturer�to�file�its�application�for�state�development�approval�with�DEO�

and�each�participating�agency�with�proof�that�its�development�or�expansion�is�located�in�a�local�government�that�has�a�local�manufacturing�development�program.�If�a�local�government�repeals�its�local�manufacturing�development�program�ordinance,�a�manufacturer�developing�or�expanding�in�that�jurisdiction�remains�entitled�to�participate�in�the�process�if�the�manufacturer�submitted�its�application�for�a�local�government�development�approval�before�the�effective�date�of�repeal.�

36. Section�163.3253(3)(a)�[New]�� Requires�DEO�to�convene�a�meeting�with�one�or�more�participating�agencies�if�a�

manufacturer�requests�one�at�any�time�during�the�process�and�that�the�participating�agencies�attend.�

� Allows�DEO�to�participate�as�necessary�to�accomplish�the�purposes�set�forth�in�section�20.60(4)(f),�does�not�require�the�department�to�mediate�between�the�participating�agencies�and�the�manufacturer.�

37. Section�163.3253(3)(b)�[New]�� Prohibits�DEO�from�being�a�party�to�any�proceeding�initiated�under�sections�120.569�

and�120.57�that�relates�to�approval�or�disapproval�of�an�application�for�state�development�approval�processed�under�this�section.�

38. Section�163.3253(3)(c)�[New]�� Prohibits�DEO’s�participation�in�a�coordinated�manufacturing�development�approval�

process�under�this�section�from�having�any�effect�on�its�approval�or�disapproval�of�any�application�for�economic�development�incentives�sought�under�section�288.061�or�another�incentive�requiring�DEO�approval.�

39. Section�163.3253(4)(a)�[New]�� Requires�if�a�participating�agency�determines�an�application�is�incomplete�that�the�

participating�agency�notifies�the�applicant�and�DEO�in�writing�of�the�additional�information�necessary�to�complete�the�application.�


1986��2015��

58��

� Requires,�unless�the�deadline�is�waived�in�writing�by�the�manufacturer,�a�participating�agency�to�provide�a�request�for�additional�information�to�the�manufacturer�and�DEO�within�20�days�after�the�date�the�application�is�filed�with�the�participating�agency.�

40. 163.3253(4)(b)�[New]�� If�the�participating�agency�does�not�request�additional�information�within�the�20�day�

period,�the�participating�agency�may�not�subsequently�deny�the�application�based�on�the�manufacturer’s�failure�to�provide�additional�information.�

41. Section�163.3253(4)(c)�[New]�� Within�10�days�after�the�manufacturer’s�response�to�the�request�for�additional�

information,�a�participating�agency�may�make�a�second�request�for�additional�information�for�the�sole�purpose�of�obtaining�clarification�of�the�manufacturer’s�response.�

42. Section�163.3253(5)(a)�[New]�� Requires,�unless�the�deadline�is�waived�in�writing�by�the�manufacturer,�each�

participating�agency�to�take�final�agency�action�on�a�state�development�approval�within�its�authority�within�60�days�after�a�complete�application�is�filed.�The�60�day�period�is�tolled�by�the�initiation�of�a�proceeding�under�sections�120.569�and�120.57.�

43. Section�163.3253(5)(b)�[New]�� Requires�a�participating�agency�to�notify�DEO�if�the�agency�intends�to�deny�a�

manufacturers�application�and,�unless�waived�in�writing�by�the�manufacturer,�the�department�shall�timely�convene�an�informal�meeting�to�facilitate�a�resolution.�

44. Section�163.3253(5)(c)�[New]�� Unless�waived�in�writing�by�the�manufacturer,�if�a�participating�agency�does�not�approve�

or�deny�an�application�within�the�60�day�period,�within�the�time�allowed�by�a�federally�delegated�permitting�program,�or,�if�a�proceeding�is�initiated�under�sections�120.569�and�120.57,�within�45�days�after�a�recommended�order�is�submitted�to�the�agency�and�the�parties,�the�state�development�approval�within�the�authority�of�the�participating�agency�is�deemed�approved.�A�manufacturer�seeking�to�claim�approval�by�default�under�this�subsection�shall�notify,�in�writing,�the�clerks�of�both�the�participating�agency�and�DEO�of�that�intent.�A�manufacturer�may�not�take�action�based�upon�the�default�approval�until�such�notice�is�received�by�both�agency�clerks.�

45. Section�163.3253(5)(d)�[New]�� Allows�the�manufacturer�at�any�time�after�a�proceeding�is�initiated�under�sections�

120.569�and�120.57�to�demand�expeditious�resolution�by�serving�notice�on�an�administrative�law�judge�and�all�other�parties�to�the�proceeding.�The�administrative�law�judge�is�required�to�set�the�matter�for�final�hearing�no�more�than�30�days�after�receipt�of�such�notice.�After�the�final�hearing�is�set,�a�continuance�may�not�be�granted�without�the�written�agreement�of�all�parties.�

46. Section�163.3253(6)�[New]�� Provides�that�subsections�(4)�and�(5)�do�not�apply�to�permit�applications�governed�by�

federally�delegated�or�approved�permitting�programs�to�the�extent�that�subsections�(4)�


1986��2015��

59��

and�(5)�impose�timeframes�or�other�requirements�that�are�prohibited�by�or�inconsistent�with�such�federally�delegated�or�approved�permitting�programs.�

47. Section�163.3253(7)�[New]�� Allows�the�state�land�planning�agency�to�adopt�rules�to�administer�section�163.3253.�

48. Section�163.340(2)�� Revises�the�definitions�to�replace�a�reference�to�section�165.031(5)�in�the�definition�of�

“public�body”�to�section�165.031(7).�49. �Note�to�Section�163.3162�(2012�version�of�statute)�

� Repeals�section�4�of�Chapter�2012�75,�Laws�of�Florida,�which�had�established�an�alternate�method�for�certain�landowners�to�apply�to�DEO�for�an�agricultural�enclave�designation.��The�right�to�apply�for�ag�enclave�designation�under�the�alternate�method�expired�on�January�1,�2013.�

2014:�[Chapters�2014�93,�2014�178,�and�2014�218,�Laws�of�Florida]�1. Section�163.3167(8)(b)�

� Deletes�the�provision�that�an�initiative�or�referendum�in�regards�to�a�comprehensive�plan�amendment�or�map�amendment�is�only�allowed�if�it�affects�more�than�five�parcels�of�land.�

2. Section�163.3167(8)(c)�� Deletes�the�provision�that�an�initiative�or�referendum�in�regards�to�a�comprehensive�

plan�amendment�or�map�amendment�is�only�allowed�if�it�affects�more�than�five�parcels�of�land.�

3. Section�163.3177(7)(a)2.�� Changes�“rural�areas�of�critical�economic�concern”�to�“rural�areas�of�opportunity”��

4. Section�163.3177(7)(a)3.b.�� Changes�“rural�area�of�critical�economic�concern”�to�“rural�area�of�opportunity”�

5. Section�163.3177(7)(e)�� Provides�general�re�wording�and�changes�“rural�area�of�critical�economic�concern”�to�

“rural�area�of�opportunity”�6. Section�163.3187(3)�

� Changes�“rural�area�of�critical�economic�concern”�to�“rural�area�of�opportunity”�7. Section�163.3202(1)�

� Requires�that�local�governments�must�adopt,�amend,�and�enforce�land�development�regulations�that�are�consistent�with�and�implement�the�comprehensive�plan�within�one�year�after�submission�of�the�comprehensive�plan�or�amended�comprehensive�plan�pursuant�to�section�163.3191,�Florida�Statutes�(evaluation�and�appraisal�process),�instead�of�section�163.3167(2),�Florida�Statutes�(requirement�that�each�local�government�maintain�a�comprehensive�plan).�

8. Section�163.3206(1)�[New]�� Provides�legislative�intent�related�to�the�importance�of�fuel�terminals.�


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9. Section�163.3206(2)(a)1.�9.�[New]�� Provides�a�definition�of�fuel�with�cross�references�

10. Section�163.3206(2)(b)�[New]�� Provides�a�definition�of�fuel�terminal�

11. Section�163.3206(3)�[New]�� Provides�that�after�July�1,�2014,�a�local�government�may�not�amend�its�comprehensive�

plan,�land�use�map,�zoning�districts,�or�land�use�regulations�to�conflict�with�a�fuel�terminal’s�classification�as�a�permitted�and�allowable�use,�including�an�amendment�that�causes�a�fuel�terminal�to�be�a�nonconforming�use,�structure,�or�development.�

12. Section�163.3206(4)�[New]�� Provides�that�if�a�fuel�terminal�is�damaged�or�destroyed�due�to�a�natural�disaster�or�

other�catastrophe,�a�local�government�must�allow�the�timely�repair�of�the�fuel�terminal�to�its�capacity�before�the�natural�disaster�or�catastrophe.�

13. Section�163.3206(5)�[New]�� Provides�that�the�section�does�not�limit�the�authority�of�a�local�government�to�adopt,�

implement,�modify,�and�enforce�applicable�state�and�federal�requirements�for�fuel�terminals,�including�safety�and�building�standards.�Local�authority�may�not�conflict�with�federal�or�state�safety�and�security�requirements.�

14. Section�163.3246(10)�� Changes�“rural�area�of�critical�economic�concern”�to�“rural�area�of�opportunity”�

2015:�[Chapter�2015�30,�sections�1�6,�Laws�of�Florida,�effective�May�15,�2015;�Chapter�2015�69,�section�1,�Laws�of�Florida,�effective�July�1,�2015]�

1. Section�163.3178,�Coastal�Management�Element�(Chapter�2015�69,�section�1,�Laws�of�Florida)�� Adds�requirements�for�the�redevelopment�component�of�the�Coastal�Management�

Element�to:�� Reduce�the�flood�risk�in�coastal�areas�that�result�from�high�tide�events,�storm�surge,�flash�floods,�stormwater�runoff,�and�the�related�impacts�of�sea�level�rise.��

� Remove�coastal�real�property�from�FEMA�flood�zone�designations.�� Be�consistent�with�or�more�stringent�than�the�flood�resistant�construction�requirements�in�the�Florida�Building�Code�and�federal�flood�plain�management�regulations.��

� Require�construction�seaward�of�the�coastal�construction�control�line�to�be�consistent�with�chapter�161,�Florida�Statutes.��

� Encourage�local�governments�to�participate�in�the�National�Flood�Insurance�Program�Community�Rating�System�to�achieve�flood�insurance�premium�discounts�for�their�residents.�

2. Section�163.3175(9),�Compatibility�of�Development�with�Military�Installations�(Chapter�2015�30,�section�1,�Laws�of�Florida)�


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61��

� Deletes�obsolete�provisions�establishing�2012�deadlines�for�a�local�government�to�adopt�plan�amendments�related�to�military�base�compatibility.�

3. Section�163.3177(6)(c)4.,�Sanitary�Sewer,�Solid�Waste,�Drainage,�Potable�Water,�and�Natural�Groundwater�Aquifer�Recharge�Element�(Chapter�2015�30,�section�2,�Laws�of�Florida)�

� Provides�that�a�local�government�that�does�not�own,�operate,�or�maintain�its�own�water�supply�facilities�and�is�served�by�a�public�water�utility�with�a�permitted�allocation�of�greater�than�300�million�gallons�per�day�is�not�required�to�amend�its�comprehensive�plan�in�response�to�an�updated�regional�water�supply�plan�or�maintain�a�work�plan�if�the�local�government’s�usage�of�water�is�less�than�1�percent�of�the�public�water�utility’s�total�permitted�allocation.�

� The�local�government�must�cooperate�with�any�local�government�or�utility�provider�that�provides�service�within�its�jurisdiction.��

� The�local�government�must�keep�the�element�up�to�date�in�accordance�with�section�163.3191�(evaluation�and�appraisal).�

�4. Section�163.3184(2),�Comprehensive�Plan/Plan�Amendment�Procedures�(Chapter�2015�30,�

section�3,�Laws�of�Florida)� �� The�list�of�plan�amendments�subject�to�the�coordinated�state�review�process�is�

expanded�to�include�plan�amendments�that�propose�an�amendment�to�an�adopted�sector�plan�and�plan�amendments�that�propose�a�development�that�qualifies�as�a�development�of�regional�impact�pursuant�to�section�380.06,�Florida�Statutes.�

5. Section�163.3245,�Sector�Plans�(Chapter�2015�30,�section�4,�Laws�of�Florida)�� For�both�the�long�term�master�plan�and�detailed�specific�area�plans,�provisions�in�the�

Community�Planning�Act�that�are�inconsistent�with�or�are�superseded�by�the�planning�standards�in�sections�163.3245(3)(a)�and�(b)�do�not�apply.�

� Conservation�easements�may�be�based�on�digital�orthophotography�that�meets�certain�criteria.�

� A�conservation�easement�may�include�a�provision�for�the�grantor�to�substitute�other�land�that�meets�certain�criteria�by�recording�an�amendment�to�the�conservation�easement;�substitution�requires�the�consent�of�the�grantee,�which�consent�shall�not�be�unreasonably�withheld�(sections�163.3245(3)(b)7.�and�9.).�

� An�applicant�for�a�detailed�specific�area�plan�must�transmit�a�copy�of�the�application�to�reviewing�agencies,�which�must�provide�written�comments�to�the�local�government�within�30�days�after�the�applicant�transmits�the�application�(section�163.3245(3)(f)).�

� Authorizes�the�Department�of�Environmental�Protection,�the�Fish�and�Wildlife�Conservation�Commission,�or�the�water�management�district�to�accept�a�conservation�easement�provided�for�a�detailed�specific�area�plan�as�mitigation�under�chapters�373�and�379�and�section�373.414,�Florida�Statutes�(section�163.3245(3)(h)).�

� Clarifies�that�adoption�of�a�long�term�master�plan�or�a�detailed�specific�area�plan�does�not�limit�the�right�to�establish�new�agricultural�or�silvicultural�uses�in�the�sector�plan�or�detailed�specific�area�plan�area�(section�163.3245(9)).�


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� An�applicant�with�an�approved�master�development�order�may�request�that�the�water�management�district�issue�a�consumptive�use�permit�for�the�same�time�period�as�the�approved�master�development�order�(section�163.3245(13)).�

� The�more�specific�provisions�of�this�section�supersede�the�generally�applicable�provisions�of�this�chapter�which�otherwise�would�apply.�

� This�section�does�not�preclude�a�local�government�from�requiring�data�and�analysis�beyond�the�minimum�criteria�established�by�this�section�(section�163.3245(15)).�

6. Section�163.3246(11)�and�(14)�Local�Government�Comprehensive�Planning�Certification�Program�–�Connected�City�Corridor�Pilot�Program�(Chapter�2015�30,�section�5,�Laws�of�Florida)�

� Deletes�requirements�for�notice�to�and�coordination�by�regional�planning�councils�in�connection�with�developments�of�regional�impact�within�a�certified�local�government.�

� Creates�a�connected�city�corridor�plan�amendment�pilot�program.�� Expresses�legislative�intent�to�encourage�growth�of�high�technology�industry�and�

innovation�through�a�locally�controlled�comprehensive�plan�amendment�process.�� Establishes�Pasco�County�as�a�pilot�community�for�connected�city�corridor�plan�

amendments�for�a�period�of�10�years.�� Requires�the�state�land�planning�agency�to�issue�a�written�notice�of�certification�to�

Pasco�County�by�July�15,�2015�that�includes�the�geographic�boundary�of�the�connected�city�corridor�and�a�requirement�for�annual�or�biennial�monitoring�reports.�

� Provides�that�the�notice�of�certification�is�subject�to�challenge�under�section�120.569.�� Establishes�criteria�for�connected�city�corridor�plan�amendments.�� Provides�that�except�for�site�specific�access�management�requirements,�development�in�

the�certification�area�is�deemed�to�satisfy�concurrency�if�the�County�adopts�a�long�term�transportation�network�plan�and�financial�feasibility�plan.�

� Provides�an�exemption�from�development�of�regional�impact�review.�� Requires�that�the�Office�of�Program�Policy�Analysis�and�Government�Accountability�

provide�a�report�and�recommendations�for�implementing�a�statewide�program�to�the�Governor,�President�of�the�Senate,�and�Speaker�of�the�House�by�December�1,�2024.�

7. Section�163.3248(4),�Rural�Land�Stewardships�(Chapter�2015�30,�section�6,�Laws�of�Florida)�� Deletes�regional�planning�councils�as�entities�that�provide�assistance�and�participate�in�

developing�a�plan�for�the�rural�land�stewardship�area.�

Volume 1

MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN

GOALS OBJECTIVES

POLICIES

City of Miami Planning Department 444 SW 2nd Avenue • Miami, FL 33130

October 2015 2016

The Miami Comprehensive Neighborhood Plan was adopted as Ordinance 10544 on February 9, 1989 and has been amended by the City Commission through October 22, 2015.

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Volume 1 MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN

GOALS OBJECTIVES POLICIES

TABLE OF CONTENTS

LIST OF AMENDING ORDINANCES .......................................................................................... V

FUTURE LAND USE ........................................................................................................................ 1

URBAN CENTRAL BUSINESS DISTRICT ..................................................................................................... 16 The Downtown Miami Master Plan ........................................................................................... 17

REGIONAL ACTIVITY CENTERS ................................................................................................................ 18

Buena Vista Yards Regional Activity Center .................................................................................. 19 Health District Regional Activity Center ........................................................................................ 20

INTERPRETATION OF THE FUTURE LAND USE PLAN MAP ................................................................ 21

CONSERVATION ................................................................................................................................... 21 PUBLIC PARKS AND RECREATION............................................................................................................ 22 COMMERCIAL RECREATION .................................................................................................................... 22

MARINE FACILITIES............................................................................................................................... 22 SINGLE FAMILY RESIDENTIAL ................................................................................................................. 22 DUPLEX RESIDENTIAL ........................................................................................................................... 23

LOW DENSITY MULTIFAMILY RESIDENTIAL ................................................................................................ 23 MEDIUM DENSITY MULTIFAMILY RESIDENTIAL ............................................................................................ 24 HIGH DENSITY MULTIFAMILY RESIDENTIAL ................................................................................................ 24

Little Havana Target Area ........................................................................................................... 24 Southeast Overtown/Park West ................................................................................................... 24 Brickell, Omni, and River Quadrant ........................................................................................... 24

LOW DENSITY RESTRICTED COMMERCIAL ................................................................................................. 25 MEDIUM DENSITY RESTRICTED COMMERCIAL ............................................................................................ 25 MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES ................................................. 25

RESTRICTED COMMERCIAL .................................................................................................................... 26

CENTRAL BUSINESS DISTRICT (CBD) ...................................................................................................... 26 GENERAL COMMERCIAL ........................................................................................................................ 27

INDUSTRIAL ......................................................................................................................................... 27

LIGHT INDUSTRIAL (LI) .......................................................................................................................... 27 CORRESPONDENCE TABLE – ZONING AND COMPREHENSIVE PLAN ................................................................ 29

HOUSING ......................................................................................................................................... 30

SANITARY AND STORM SEWERS ............................................................................................ 38

NATURAL GROUNDWATER AQUIFER RECHARGE ............................................................................. 43

POTABLE WATER ............................................................................................................................... 45

SOLID WASTE COLLECTION .................................................................................................... 48

TRANSPORTATION ............................................................................................................................. 51

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PORTS, AVIATION AND RELATED FACILITIES .................................................................................... 80

PORT OF MIAMI .................................................................................................................................... 80

MIAMI INTERNATIONAL AIRPORT ............................................................................................................. 81 PORT OF MIAMI RIVER........................................................................................................................... 82

PARKS, RECREATION AND OPEN SPACE ............................................................................. 87

COASTAL MANAGEMENT ................................................................................................................. 100

NATURAL RESOURCE CONSERVATION ........................................................................................... 109

EDUCATION ................................................................................................................................. 115

CAPITAL IMPROVEMENTS ..................................................................................................... 124

INTERGOVERNMENTAL COORDINATION .......................................................................................... 133

APPENDICES

Appendix LU-1

2020 Future Land Use Map

Urban Central Business District

Buena Vista Yards Regional Activity Center

Residential Density Increase Areas

Edgewater Intensity Increase Area

Health/Civic Center District

Wellfield Protection Area

Wetlands Map

General Soils Map

Appendix PW-1

Water Supply Facilities Work Plan Update - September 10, 2015

Appendix TR-1

Existing and Future Transportation Map Series and analytical assumption used to determine

the existing and projected levels of services for roadways, bicycles and pedestrian facilities.

Appendix PA-1

Recreational and Commercial Working Waterfront Property Table – July 22, 2010

Recreational and Commercial Working Waterfront Property Map -- July 22, 2010

Appendix CM-1

Floodplains Map

Coastal High Hazard Area Map

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Appendix EDU-1

Public school and ancillary facility locations

Appendix CI-1

Capital Improvements Program and Multi-Year Capital Plan

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LIST OF AMENDING ORDINANCES

The Miami Comprehensive Neighborhood Plan was adopted in 1989 and substantially amended in 1991 in response to Florida Department of Community Affairs review comments. The ordinance adopting the Comprehensive Plan, including subsequent text amendments (only), are as follows:

Ordinance

Date of Adoption

Description of Ordinance

10544 February 9, 1989 Adopted the MCNP 1989-2000 with modifications that supersedes the MCNP (September 1985) and Addendum, provided support documents are not adopted with the plan.

10700 January 11, 1990 Amended the definition of the Land Use Element to refine the definitions of Residential, Office and Industrial; amended the Housing Element Objective 1.3 and Policy 1.3.4 and deleted Policy 1.3.5 pertaining to community-based residential facilities, adult congregate living facilities, family homes and family group and group homes; and corrected a scrivener's error.

10701 January 11, 1990 Amended the Drainage Sub-Element, Policy No. 2.1.3, specifying which storm sewers in the city will be designed for a 1-in-5 year event and establishing a specific LOS standard for the remainder of the storm sewers; Coastal Management Sub-Element, Policy 4.1.2, defining and designating the Coastal High-Hazard Area within the city; and adopted consistent LOS standards in both the Drainage Sub-Element and Policy No. 1.2.3 (d) of the CIP Element.

10832 January 24, 1991 Amended the MCNP Future Land Use; Interpretation of Future Land Use Maps; Housing; Sanitary and Storm Sewers; Natural Groundwater Aquifer Recharge; Potable Water; Solid Waste Collection; Transportation; Ports, Aviation & Related Facilities; Parks, Recreation & Open Space; Coastal Management; Natural Resource Conservation; and Capital Improvements and Intergovernmental Coordination elements.

10833 January 24, 1991 Amended the MCNP Future Land Use Map Plan by changing land use designations that affect approximately 5-percent of the total land area of the City.

11207 December 1, 1994 Allowed professional offices, tourist & guest homes, and museums within historic districts/structures within single family, duplex and medium density multi-family residential areas.

11242 March 27, 1995 Allowed small-scale, limited commercial uses as accessory uses within medium, density multi-family areas.

11496 May 22, 1997 Allowed professional offices, tourist & guest homes, museums, and private clubs or lodges within historic districts/structures within single family, duplex and medium density multi-family residential areas; density and intensity restricted to the structure(s).

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Ordinance

Date of Adoption


11779 March 23, 1999 Amended the MCNP Future Land Use; Housing; Sanitary and Storm Sewers; Natural Groundwater Aquifer Recharge; Potable Water; Solid Waste Collection; and Parks, Recreation & Open Space elements according to 1995 EAR-based recommendations.

11781 March 23, 1999 Amended the Interpretation of Future Land Use Map to conditionally include residential uses to the general commercial land use designation.

11782 March 23, 1999 Amended the MCNP Interpretation of the Future Land Use Map to add "Restricted Parks and Recreation" and "Marine Facilities" land use classifications.

11864 November 16, 1999 Amended the MCNP Future Land Use Element to adopt the designation of an "urban infill" area to meet State requirements regarding school siting and co-location.

11961 September 14, 2000 Amended the MCNP Future Land Use Element, Policy LU-1.1.11, to exclude Virginia Key, Watson Island, and the uninhabited islands of Biscayne Bay having a "conservation" land use and zoning classification from the Urban Infill Area.

12332 February 27, 2003 Amended the Transportation Element of the MCNP in accordance with recommendations of the 1995 Evaluation and Appraisal Report; revisions to the “Report of Sufficiency Issues with Responses by the City of Miami” in response to the Florida Department of Community Affairs; affirmation of the designation of an “urban infill” area adopted by Ordinance 11864; and in accordance with the designation of an “urban streets” category of public thoroughfares.

12333 February 27, 2003 Amended the Parks, Recreation and Open Space Element of the MCNP to include specific goals associated with a new park in Little Haiti.

12346 March 27, 2003 Amended the MCNP Interpretation of the Future Land Use Map to add a “Light Industrial” land use classification.

12442 November 25, 2003 Rescinded Ordinance Nos. 12332, 12333 and 12346; updated the Transportation Element, added policies associated with a new park in Little Haiti, and added the "Light Industrial" land use classification.

12445 November 25, 2003 Amended the Future Land Use Element of the MCNP to include the designation of "Regional Activity Centers" within the City of Miami.

12446 November 25, 2003 Amended the Future Land Use Element of the MCNP to designate the Buena Vista Regional Activity Center, and amended the Future Land Use Map to designate the Florida East Coast (FEC) Buena Vista Yard as a Regional Activity Center.

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Ordinance

Date of Adoption


12536 May 6, 2004 Amended the Intergovernmental Coordination Element of the MCNP in accordance to recommendations from the 1995 Evaluation and Appraisal Report; amended the Future Land Use Element by deleting an objective and policies related to Intergovernmental Coordination by transferring them into the Intergovernmental Coordination Element.

12635 December 4, 2004 Amended the Coastal Management, Natural Resource Conservation and Capital Improvements elements of the MCNP in accordance to recommendations from the 1995 Evaluation and Appraisal Report.

12741 November 3, 2005 Amended the Future Land Use Element of the MCNP and the Future Land Use Map to designate the Downtown Miami Master Plan an Urban Central Business District.

12786 March 23, 2006

Amends certain policies of the Future Land Use, Housing, Parks Recreation & Open Space, Coastal Management and Capital Improvements elements of the MCNP to incorporate language necessary to implement the Miami 21 project.

12966 January 24, 2008 Adding a new Educational Element and amending and adding certain policies to the Capital Improvement and Intergovernmental element of the MCNP to incorporate language necessary to implement Public School Concurrency.

13043 November 13, 2008 Amended the MCNP Future Land Use; Housing; Sanitary and Storm Sewers; Natural Groundwater Aquifer Recharge; Potable Water; Solid Waste Collection, Transportation, Ports, Aviation and Related Facilities, Parks, Recreation & Open Space, Coastal Management, Natural Resource Conservation, Capital Improvements; and Intergovernmental Coordination elements according to 2005 EAR-based recommendations.

13049 January 29, 2009 Amended the MCNP by incorporating the annual update to the Capital Improvements Element and 2008 – 2009, Five (5) year Schedule of Capital Improvements.

13115 October 22, 2009 Amended the MCNP Interpretation of the 2020 Future Land Use Map section, to remove, modify and incorporate new land use categories, as well as to adjust the density and intensity provisions within the land use categories to implement the Miami 21 project.

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13144 February 25, 2010 Amended the Future Land Use Element of the MCNP to designate the Health District Regional Activity Center, and amended the 2020 Future Land Use Map to designate the Health District as a Regional Activity Center.

13157 April 22, 2010 Amending the MCNP Natural Ground Water, Potable Water, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination elements to incorporate a 20-year Water Supply Facilities Work Plan.

13043 July 22, 2010 Amended the MCNP Future Land Use; Ports, Aviation and Related Facilities Port of Miami River Sub-element; and Coastal Management Element according to the Stipulated Settlement Agreement between the Intervenor “The Miami River Marine Group Inc.”, The Department of Community Affairs and the City of Miami.

13356 January 10, 2013 Amended the MCNP Interpretation of the 2020 Future Land Use Map; Parks, Recreation & Open Space, and Capital Improvements elements, in order to revise the Level Of Service standard for Parks, Recreation and Open Space for concurrency purposes.

13416 October 24, 2013 Amended the MCNP Interpretation of the 2020 Future Land Use Map to establish the Park West Residential Density Increase Area Overlay permitting up to 500 dwelling units per acre.

13550 September 10, 2015 Amended the MCNP Future Land Use, Potable Water, Coastal Management, Natural Resource Conservation, Capital Improvements and Intergovernmental Coordination Elements to incorporate a 20-year Water Supply Facilities Work Plan Update.

13567 October 22, 2015 Amended the MCNP Interpretation of the 2020 Future Land Use Map to establish the Miami River Residential Density Increase Area Overlay permitting up to 400 dwelling units per acre.

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FUTURE LAND USE

Goal LU-1: Maintain a land use pattern that (1) protects and enhances the quality of life in the City's neighborhoods through community planning; (2) fosters redevelopment and revitalization of blighted or declining areas; (3) promotes and facilitates economic development and diversification, and the growth of job opportunities and workforce development (2011/6) in the city; (4) fosters the growth and development of downtown as a regional center of domestic and international commerce, culture and entertainment; (5) promotes the efficient use of land and minimizes land use conflicts while protecting and preserving residential sections within neighborhoods; (6) protects and conserves the city's significant natural and coastal resources; and (7) protects the integrity and quality of the City’s existing neighborhoods by insuring public notice, input and appellant rights

regarding changes in existing zoning and land use regulations.;and (8) discourages the

proliferation of urban sprawl, per Ch163.3177(6)(a)9 (2008/1)& (2011/52).

Objective LU-1.1: Ensure that land and development regulations are consistent with fostering a high quality of life in all areas, including the timely provision of public facilities that meet or exceed the minimum level of service (LOS) standards adopted in the Capital Improvements Element (CIE) of the Miami Comprehensive Neighborhood Plan.

Policy LU-1.1.1: Development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the availability of public facilities that meet or exceed the minimum LOS standards adopted in the CIE, specifically sanitary sewer, solid waste, stormwater, potable water, parks and recreation, and transportation facilities. The public services and facilities provided to meet concurrency requirements shall be consistent with the Capital Improvements Element, or guaranteed in an enforceable agreement. The public services and facilities will include public schools when the Miami-Dade County School Board and local governments in the county implement school concurrency pursuant to paragraph 163.3177(12)(i), F.S.

Policy LU-1.1.2: The City's Planning Department, with the assistance of various City departments and agencies, will (1) continuously monitor land development activities to ensure compliance with the adopted 2020 Future Land Use Map (contained in Appendix LU-1 of the MCNP including FLUM, Wellfield Protection Area, Wetlands and General Soils maps as amended from time to time) and the goals, objectives, and policies of the Future Land Use element of the MCNP; (2) monitor all proposed amendments to land development regulations to ensure consistency with the MCNP and will forward its recommendation on such amendments to the Planning Advisory Zoning, and Appeals Board and to the City Commission; (3) continuously monitor the current and projected LOS standards provided by public facilities; and (4) will perform the required concurrency review of proposed development, as required by Florida Statutes and administrative rules.

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Policy LU-1.1.3: The City's zoning ordinance provides for protection of all areas of the city from: (1) the encroachment of incompatible land uses; (2) the adverse impacts of future land uses in adjacent areas that disrupt or degrade public health and safety, or natural or man-made amenities; (3) transportation policies that divide or fragment established neighborhoods; and (4) degradation of public open space, environment, and ecology. Strategies to further protect existing neighborhoods through the development of appropriate transition standards and buffering requirements will be incorporated into the City’s land development regulations. Policy LU-1.1.4: The City will continue to aggressively address code violations in its neighborhoods through the implementation of code enforcement strategies and initiatives with the intent of preserving and enhancing neighborhood environmental conditions. Policy LU-1.1.5: The Planning Department, with the assistance of various City departments and agencies, shall annually monitor steps taken to fulfill the Goals, Objectives, and Policies (GOPs) of the MCNP and biennially report the status of the GOPs to the Planning Advisory Zoning, and Appeals Board and City Commission, including, but not limited to, improving measurability of objectives. Policy LU-1.1.6: The City's street and storm sewer improvement projects will provide curb and gutter, and street landscaping, unless deemed to be physically or economically infeasible. Policy LU-1.1.7: Land development regulations and policies discourage urban sprawl by allowing (2008/1) will allow for the development and redevelopment of well-designed mixed-use neighborhoods that provide for the full range of residential, office, live/work spaces, neighborhood retail, and community facilities in a walkable area and that are amenable to a variety of transportation modes, including pedestrianism, bicycles, automobiles, and mass transit. Policy LU-1.1.8: The City's Planning Department will be responsible for coordinating the City's land development regulations and policies with those of Miami-Dade County and adjacent municipalities, and in particular: with respect to impacts to infrastructure, contiguous development with regard to physical height and mass transitions, and public open space. Policy LU-1.1.9: The City will maintain low to moderate density uses in the West Flagami area of the city (as shown on Figure III.1 of Volume II – Data and Analysis of the MCNP) as necessary to protect the secondary aquifer recharge area. (See Natural Groundwater Aquifer Recharge Policy AR-1.2.1.) Policy LU-1.1.10: The City’s land development regulations will encourage high density residential development and redevelopment in close proximity to Metrorail and

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Metromover stations. (See Transportation Policy TR-1.5.2 and Housing Policy HO-1.1.9.) . Policy LU-1.1.11: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay, that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami-Dade County’s designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person Trip Methodology as set forth in Policies TR-1.1.2 and 1.1.3 of the Transportation Element of the MCNP. Policy LU-1.1.12: In order to encourage the development and maintenance of educational facilities in the City of Miami, the City’s Land Use policies permit schools in all land use classifications except Conservation, Public Parks and Recreation, and Industrial. During pre-development program planning and site selection activities, the City shall coordinate with Miami-Dade Public Schools and continue to seek, where feasible and mutually acceptable, to co-locate schools with other facilities such as parks, libraries, NET Offices, and community centers to the extent possible. Policy LU-1.1.13: The City shall review and evaluate the areas designated Urban Infill Area (UIA) and/or Transportation Concurrency Exception Area (TCEA) within two years of the adoption of this policy the 2016 EAR amendments to determine, but not limited to, the following: the appropriateness of the areas included in the UIA and/or the TCEA; the benefits and/or disadvantages resulting from the inclusion (or exclusion) of these areas within the UIA and/or the TCEA; the strategies to support mobility and alternative modes of transportation within those areas included in the UIA and/or the TCEA; and the strategies to address urban design and network connectivity to improve mobility within those areas included in the UIA and/or the TCEA.

Policy LU-1.1.14: Improve facility and program accessibility through implementation of the Americans with Disabilities Act of 1990. Policy LU-1.1.15: NET will assist in ensuring that the land Development Regulation establish a high quality of life including the providsion of public facilities that meet or exceed a minimum level of service for the public’s interest through the following: 1 Providing Land Developmental Regulations to the public; 2 Educating residence and business owner regarding minor violations;

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3 ensuring community outreach and input through community meetings to discuss community concerns;

4 Disseminating information and educational materials about mass transit and alternative transportation,

5 Promoting bike sharing or bike-to-work/school programs; 6 Processing and issuing transit passes on behalf of the Miami-Dade County; Policy LU-1.1.16: The City of Miami, through its land development regulations, shall coordinate land use in areas of the city adjacent to Miami International Airport with the transportation related activity which occurs within that facility to ensure compatible and complimentary land uses and activities. Through such land development regulations, the City will mitigate negative impacts to neighborhoods that might result from airport activities, while protecting the airport’s economic function, operation, and potential improvements. (See Objective PA-2.1) (2009/4)

Objective LU-1.2: Promote, facilitate, and catalyze the redevelopment and revitalization of blighted, declining or threatened residential, commercial and industrial areas through a variety of public, private, and public-private redevelopment initiatives and revitalization programs including, where appropriate, historic designations.

Policy LU-1.2.1: The City defines blighted neighborhoods as areas characterized by the prevalence of older structures with major deficiencies and deterioration, high residential vacancies, widespread abandonment of property, litter and poor maintenance of real property. Declining neighborhoods are defined as areas characterized by the prevalence of structures having minor deficiencies, a general need for improvements in real property, significant declines in real property values, high vacancy rates in commercial structures and increasing difficulty in obtaining insurance. Neighborhoods threatened with decline are defined as areas characterized by significant but infrequent property maintenance neglect, an aging housing stock, declining property values, general exodus of traditional residents and influx of lower income households. Policy LU-1.2.2: The City's land development policies will be consistent with affordable housing objectives and policies adopted in the Housing Element of the MCNP. Policy LU-1.2.3: The City's priorities in implementing, facilitation, and encouraging redevelopment and revitalization projects shall be determined on an area specific basis in accordance with the adopted Consolidated Plan, Fiscal Years 2004-2009 2014-2018, adopted redevelopment plans, specific neighborhood and area plans, the 2007 Parks and Public Spaces Master Plan, and the land development regulations, as appropriate and as incorporated in the MCNP by reference in accordance with F.A.C. 9J-5.005(2)(g).Ch.163.3177(1) FS. (2011/43)

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Policy LU-1.2.4: The City will continue to adhere to its established policies regarding Community Redevelopment Districts and will continue to implement plans for the Omni and Southeast Overtown/Park West as Community Redevelopment Districts. Policy LU-1.2.5: The City will continue to develop information programs on the availability of redevelopment opportunities within the city. Policy LU-1.2.6: The City’s NET Office will engage the community on the best and most desired outcomes through the following: 1. Identifying dilapidated properties with assistance of Code Compliance that devalue

residential homes and business; 2. Conducting community outreach efforts regarding the availability of

redevelopment opportunities within the city :

Objective LU-1.3: The City will continue to encourage commercial, office and industrial development within existing commercial, office and industrial areas; increase the utilization and enhance the physical character and appearance of existing buildings; encourage the development of well-designed, mixed-use neighborhoods that provide for a variety of uses within a walkable area in accordance with neighborhood design and development standards adopted as a result of the amendments to the City’s land development regulations and other initiatives; and concentrate new commercial and industrial activity in areas where the capacity of existing public facilities can meet or exceed the minimum standards for Level of Service (LOS) adopted in the Capital Improvement Element (CIE).

Policy LU-1.3.1: The City will continue to provide incentives for commercial redevelopment and new construction in designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas. Such commercial redevelopment and new construction shall be conducted in accordance with neighborhood design and development standards adopted as a result of the amendments to the City’s land development regulations and other initiatives. Such incentives may be offered through the building facade treatment program, Community Development Block Grant (CDBG) funds, and other redevelopment assistance programs. Policy LU-1.3.2: The City will continue to encourage the expansion of existing buildings and new construction through the private sector by assisting in making available commercial loan funds for rehabilitation and small business loans and seed moneys, particularly to local minority businesses and encouraging the maximum participation, especially through public/private partnerships, of financial institutions, chambers of commerce, the Beacon Council, other business organizations, property owners and residents of the areas. Priority areas include, but are not limited to, designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the

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Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas. Policy LU-1.3.3: Pursuant to Ch.163.3177(6)(a), the City shall maintain regulatory incentives and criteria that encourage the preservation of recreational and commercial Working Waterfronts as defined in Ch.342.07,F.S.., particularly in the “Port of Miami River” Subelement to guide future development within the Miami River Corridor. Policy LU-1.3.4: The City will continue to work with the Miami-Dade County School Board to ensure the expansion of educational facilities in areas that are easily accessible by public transit and facilitate the expansion of job training/job placement programs offered to youths (full time and summer terms) and low-income persons. Policy LU-1.3.5: The City will continue to discourage urban sprawl by promoting (2008/1) promote through its land development regulations, the creation of high intensity activity centers which may be characterized by mixed-use and specialty center development. Such activity centers will be in accordance with the Comprehensive Neighborhood Plan and neighborhood design and development standards adopted as a result of amendments to the City’s land development regulations and other initiatives. Policy LU-1.3.6: The City will continue to encourage a diversification in the mix of industrial and commercial activities and tenants through strategic and comprehensive marketing and promotion efforts so that the designated Neighborhood Development Zones (NDZ), the Empowerment Zone, the Enterprise Zone, the Brownfield Redevelopment Area, Commercial Business Corridors, and other targeted areas are buffered from national and international cycles. Policy LU-1.3.7: The City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities. (Policy PA-3.3.10) Policy LU-1.3.8: The City will foster or develop and implement job training, vocational, and educational programs to assist the City’s existing and future residents, water dependent and water related businesses and uses along the Miami River, in achieving economic self-sufficiency utilizing government resources as necessary, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance, to support minority and semi-skilled residents of the city including, without limitation, their involvement in recreational and commercial working waterfronts along the Miami River as defined by Ch. 342.07, F.S. (Policy PA-3.3.11). Policy LU-1.3.9: The City will continue to concentrate Community Development efforts in small geographic areas that have special opportunities and/or potential for redevelopment consistent with implementation of small-area action plans

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Neighborhood Development Zones (NDZ) that have the support of neighborhood residents and business owners. Policy LU-1.3.10: The City will continue to aggressively address code violations in its neighborhoods through the implementation of ongoing and new neighborhood improvements, and code enforcement and NET strategies and initiatives; and will adopt and enforce performance standards appropriate to preserve and enhance the physical condition and appearance of commercial and industrial areas in the city by July 2009 within two (2) years of the adoption of the 2016 EAR Amendments. The City will report on an annual basis, what has been accomplished to fulfill the requirements of this policy. Policy LU-1.3.11: The City's land use regulations will provide incentives for the inclusion of day care facilities near major employment centers. Policy LU-1.3.12: The City's land use regulations will permit neighborhood-based health care facilities. Policy LU-1.3.13: [Reserved] Policy LU-1.3.14: The City will continue to enforce urban design guidelines for public and private projects which shall be consistent with neighborhood character, history, and function, and shall be in accordance with the neighborhood design and development standards adopted as a result of the amendments to the City’s land development regulations and other initiatives. Policy LU-1.3.15: The City will continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, housing, and recreation in close proximity to each other. Policy LU-1.3.16: The City may adopt an ordinance establishing a local manufacturing development program through which the City may grant master development approval for the development or expansion of sites that are, or are proposed to be, operated by manufacturers at specified locations within the City’s geographic boundaries in accordinace with Chapter 163.3252 FS. (2013/17) Policy LU-1.3.17: NET Office shall work to ensure community outreach and input by: 1. Networking with varies workforce development entities to ensure comprehensive

short term employment training opportunities to include job placement services to youth, young adults, ex-offenders, disable and low income.

2. Encouraging developers to develop in particular development zoned areas which will ensure employment opportunities for residence of City of Miami;

3. Conducting community outreach efforts.to disseminate job training, vocational, and educational programs to assist the City’s existing and future residents of the city,particularly minority and semi-skilled residents;

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4. Hosting meetings within the affected communities of areas for potential redevelopment opportunities to engage the public in discourse on desired outcomes.

5. Diseminating information on incentives for the inclusion of day care facilities near major employment centers;

6. Assisting the Planning and Zoning Department in providing information to the public concerning land uses and mix development within the City of Miami.

Objective LU-1.4: Continue the growth of Downtown Miami, expand its role as a center of domestic and international commerce, further its development as a regional center for the performing arts and other cultural and entertainment activities and develop an urban residential base.

Policy LU-1.4.1: [Reserved]. Policy LU-1.4.2: The City will continue to investigate and, where appropriate, create management districts, funded by special assessments to provide extra services and special events needed to attract visitors and residents to the retail core, and other special retail shopping areas in downtown. Policy LU-1.4.3: The City will continue to promote an active pedestrian sidewalk environment along the ground floor frontage of buildings on "pedestrian streets" through land development regulations. Policy LU-1.4.4: [Reserved] The City will continue to support the Downtown by promoting the Miami Arts & Entertainment Council, performing arts and local and international commerce by partnering with local associations like Kiwanis of Little Havana, Latin Builders Association, Greater Chamber of Commerce, Camara de Comercio Latina (CAMACOL), Policy LU-1.4.5: [Reserved] Policy LU-1.4.6: [Reserved] Policy LU-1.4.7: The City will continue to enforce regulations within downtown to ensure that retail signage is of high quality and consistent with the design and development objectives for downtown. Policy LU-1.4.8: The City will continue to enforce land development regulations as necessary in order to encourage rehabilitation and sensitive, adaptive reuse of historic properties and older structures in downtown, and to exempt rehabilitation projects from Development of Regional Impact (DRI) mitigation fees. Policy LU-1.4.9: The City will continue to promote rehabilitation and adaptive reuse of vacant and underutilized spaces and provide incentives for rehabilitation of older buildings in downtown.

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Policy LU-1.4.10: The City will continue to develop modifications to existing regulations with the intent of providing greater flexibility in the design and implementation of mixed-use developments within the general Downtown area and particularly along the Miami River up to and including 5th Street consistent with the Port or Miami River Sub-Element. Policy LU-1.4.11: The City will continue to streamline the development application for development approvals to simplify and standardize the process, while ensuring that the regulatory intent of the approvals is maintained. Policy LU-1.4.12: The City will continue to implement the Downtown DRI development orders for downtown and Southeast Overtown/Park West, and seek approval for future increments of development in a timely manner.

Objective LU-1.5: Land development regulations will protect the city's unique natural and coastal resources, its neighborhoods, and its historic and cultural heritage.

Policy LU-1.5.1: Development orders in the city will be consistent with the goals, objectives and policies contained in the Natural Resource Conservation and Coastal Management elements of the MCNP. Policy LU-1.5.2: Land use regulations and development policies will be consistent with the intent and purpose of Miami-Dade County's Waterfront Charter Amendment, Shoreline Development Review Ordinance, rules of the Biscayne Bay Aquatic Preserve Management Area, and other appropriate requirements regarding waterfront access and management. Policy LU-1.5.3: Notice of application for special permits or other such administrative land use or zoning permits provided for in the future, shall be provided to any NET registered homeowners associations or neighborhood associations thirty days prior to issuance of the special permit or such administrative land use or zoning permits provided for in the future zoning and land use regulations and promptly after issuance of the decision with explanation of appeal procedures allowing sufficient time for such appeals. Policy LU-1.5.4: Notice of application requiring public hearings shall be provided to any NET registered homeowner and neighborhood associations and to owners within a certain number of feet as provided for in the City code. Policy LU-1.5.5: The City’s NET Ofice will be utilized to ensure dissemination of information to residents when the City is seeking community input on potential redevelopment concepts or future usages of Land.

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Objective LU-1.6: Regulate the development or redevelopment of real property within the city to insure consistency with the goals, objectives and policies of the Comprehensive Plan.

Policy LU-1.6.1: The City hereby adopts the 2020 Future Land Use Map, referenced and contained in Appendix LU-1 of the MCNP. The "Interpretation of the 2020 Future Land Use Map" section of this element, which follows these land use goals, objectives and policies, establishes the activities and facilities allowed within each land use category appearing on the adopted 2020 Future Land Use Map, and the City's land development regulations shall be consistent with the 2020 Future Land Use Map. Policy LU-1.6.2: [Reserved] Policy LU-1.6.3: The City's Planning Department shall review all proposals to amend the City's Zoning Ordinance and any other land development regulations, and shall report as to the consistency between any proposed amendment and the MCNP, to the Planning Advisory Zoning, and Appeals Board, the City's "local planning agency," which will then forward its recommendation to the City Commission for approval and adoption. Policy LU-1.6.4: Any proposal to amend the City's Zoning Atlas that has been deemed to require an amendment to the Future Land Use Plan Map by the Planning Department, shall require a level of service (LOS) review and a finding from the Planning Department that the proposed amendment will not result in a LOS that falls below the adopted minimum standards described in Policy CI-1.2.3, and will not be in conflict with any element of the MCNP. Based on its evaluation, and on other relevant planning considerations, the Planning Department will forward a recommended action on said amendment to the Planning Advisory Zoning, and Appeals Board, which will then forward its recommendation to the City Commission. Policy LU-1.6.5: The City may continue to use special district designations as a land development regulation instrument for the purpose of accomplishing specific development objectives in particular areas of the city. Policy LU-1.6.6: The City will continue to enforce signage regulations to ensure the quality of life in the city's neighborhoods. Policy LU-1.6.7: The City will provide adequate opportunity for public comment regarding zoning changes and variances within neighborhoods. City will utilize the NET offices and staff for outreach for public comments. NET will refer residents to the City Clerk’s office and/or the Planning and Zoning Department when seeking a public hearing with regards to zoning changes and variances within the City of Miami neighborhoods. Policy LU-1.6.8: The City’s land development regulations and policies will encourage and/or require, as set forth in the Parks, Recreation and Open Space element of this

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plan the provision of open space in development projects in both residential and commercial areas. Policy LU-1.6.9: The City's land development regulations will establish mechanisms to mitigate the potentially adverse impacts of new development on existing neighborhoods through the development of appropriate transition standards and buffering requirements.

Policy LU-1.6.10: The City’s land development regulations and policies will allow for the provision of safe and convenient on-site traffic flow and vehicle parking and will provide access by a variety of transportation modes, including pedestrianism, bicycles, automobiles, and transit. Policy LU-1.6.11: The City's land development regulations and policies will insure that areas designated conservation are protected from development other than that which promotes its passive appreciation. Policy LU-1.6.12: The City's land development regulations will direct recreational activities to areas of the city where facilities and services are available.

Objective LU-1.7: Ensure that the Miami Comprehensive Neighborhood Plan is updated as needed to meet changing conditions and, improve its effectiveness and success.

Policy LU-1.7.1: Update the MCNP by January 200918, to include a detailed list of definition of terms used by the MCNP with an effective time line showing coordination and consultation with various City departments and stakeholders. Policy LU-1.7.2: The Planning, Zoning, and Appeals Board which acts as the “Local Planning Agency” for the City,monitors and oversees the effectiveness and status of the comprehensive plan and recommends to the governing body changes in the comprehensive plan as may from time to time be required, including the periodic evaluation and appraisal of the comprehensive plan as required by s. 163.3191 FS . (2012/10) Policy LU-1.7.3: At a minimum, every seven years, pursuant to Rule Chapter 73C-49, Florida Administrative Code, beginning in November 1, 2015, the City shall determine whether the need exists to amend its Comprehensive Plan, MCNP, to reflect changes in state requirements since the last Evaluation and Appraisal Review (EAR) and changes to local conditions. If the City determines amendments are necessary, within one year from this determination, the City shall prepare and transmit proposed amendments to the state land planning agency. Failure to timely submit a notification letter or proposed amendments will prevent the City from amending its comprehensive plan until it complies with these requirements. (2014/7) Policy LU-1.7.4: The City will amend its land development regulations as necessary within one year of an EAR amendments process to maintain consistency with its Comprehensive Plan pursuant to section 163.3191, Florida Statutes, (2014/7)

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Policy LU-1.7.5: The City will explore formulating new economic development goals, objectives and policies within an Economic Development Element to support businesses, job growth, and exploring new markets for economic vitality within two (2) years of the adoption of the 2016 EAR Amendments. (2011 EAR Major Issues) Policy LU-1.7.6: .The City will seek community planning technical grant assistance, funding to assist in developing economic development strategies, meeting the requirements of the Community Planning Act, addressing critical local planning issues, and promoting innovative planning solutions to challenges identified by the City. Funding may include developing a comprehensive plan economic development element. Policy LU-1.7.7: The City, within two (2) years of the adoption of the 2016 EAR Amendments, will identify, as part of the MCNP, significant neighborhoods within the City, and generate profiles of each, highlighting neighborhood unique identities, characteristics, and their future goals. Policy LU-1.7.8: Amendments to the City’s Future Land Use Map, (FLUM) will be based on analyses as elaborated in Ch 163.3177 FS. (2012/16) Policy LU-1.7.9: The City’s Planning and Zoning Department will work with the City’s NET Office regarding community outreach efforts.This includes organizing meetings and using NET communication tools (email lists, media/radio appearances in 3 languages, social media).

Objective LU-1.8: The location, design and management practices of development and redevelopment in the City shall ensure the protection of natural resources and systems by recognizing, and sensitively responding to constraints posed by climate change and sea level rise.

Policy LU-1.8.1: The City shall assist Miami-Dade County in their analysis on climate change and its impacts on the built environment addressing development standards and regulations related to investments in infrastructure, development/redevelopment and public facilities in hazard prone areas including areas vulnerable to sea level rise, tidal flooding and other impacts of climate change. Recommendations from the analysis shall address appropriate changes to land use designations and zoning of impacted properties, and development standards, among other relevant considerations.

Policy LU-1.8.2: The City shall make the practice of adapting the built environment to the impacts of climate change and sea level rise, an integral component of all planning processes, including but not limited to comprehensive planning, infrastructure planning, building and life safety codes, emergency management and development regulations, stormwater management, and water resources management. Policy LU-1.8.3: The City shall actively participate in the Southeastern Florida Regional Climate Change Compact and collaborate to increase regional climate change resiliency by sharing technical expertise, assessing regional vulnerabilities,

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advancing agreed upon mitigation and adaptation strategies and developing joint state and federal legislation policies and programs. Policy LU-1.8.4: The City shall work with Miami-Dade County to determine the feasibility of designating areas in the City as Adaptation Action Areas as provided by Section 163.3177(6)(g)(10), Florida Statute, and designate Adaptation Action Areas as provided by Section 163.3164(1), Florida Statute, in order to determine those areas vulnerable to coastal storm surge and sea level rise impacts for the purpose of developing policies for adaptation and enhance the funding potential of infrastructure adaptation projects.

Policy LU-1.8.5: The City shall work with Miami-Dade County to support the implementation of climate related policies, through education, advocacy and incentive programs such as public outreach, including workshops and a website with relevant information.

Goal LU-2: Preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. (See Coastal Management Goal CM-5.)

Objective LU-2.1: Maintain, update, and amplify the City of Miami portion of the Miami-Dade County Historic Survey Miami Register of Historic Places, which identifies and evaluates the City's historic, architectural, and archaeological resources, and continue to increase the number of eligible designated properties. Continue to survey properties and identify areas of the City that are eligible for historic designation. included in the Miami-Dade County Historical Survey (See Coastal Management Objective CM-5.1.).

Policy LU-2.1.1: The City will continue to identify potential historic districts and conduct additional historic surveys to identify eligible historic resources. (See Coastal Management Policy CM-5.1.1.) As necessary, The Planning and Zoning Department will coordinate and work with the NET Office to conduct community meetings to seek public input. Policy LU-2.1.2: The City will continue to maintain and update the computerized database of all relevant information for all sites in the Miami Register of Historic Places-Dade County Historic Survey. Thise listing of City sites, will be made available on the City’s Web Site, will show, in three categories, all properties of historic, architectural or archaeological significance; together with their priority ranking for presentation. (See Coastal Management Policy CM-5.1.2.)

Objective LU-2.2: Protect archaeological resources within the city from destruction and loss.

Policy LU-2.2.1: The City will pursue the designation of significant archaeological sites and zones under the Historic Preservation Chapter Article of the City Code.

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Policy LU-2.2.2: The City will continue to cooperate with the Miami-Dade County Archaeologist in monitoring building activities near archeological sites. Policy LU-2.2.3: The City will require, as part of the building permit application, pursuant to state law, that the City of Miami archaeologist Preservation Officer be notified of construction schedules in significant historical of or archaeological zones and where potentially significant historical or archaeological artifacts are uncovered during construction, permit state and local archaeological officials the opportunity of surveying and excavating the site. Policy LU-2.2.4: The City shall adopt enforce state laws an ordinance levying civil penalties for failure to report the discovery of any significant archaeological site features during construction.

Objective LU-2.3: Encourage the preservation of all historic, architectural, and archaeological resources that have major significance to the city by continuing to increase the number of nationally and locally designated sites for the period 2008-2013 2016 - 2021.

Policy LU-2.3.1: The City will continue to review nominations to the National Register of Historic Places through the Certified Local Government Program. (See Coastal Management Policy CM-5.1.4.) Policy LU-2.3.2: The City had designated 67 129 historic sites and five 11 historic districts pursuant to the Historic Preservation Article of the City Code. An additional 26 10 sites (or groups of multiple sites) and six three districts have been identified as potentially worthy of designation. The City will seek to increase its locally designated historic resources by 2010 2021. (See Coastal Management Policy CM-5.1.3.)

Objective LU-2.4: Increase the number of historic structures that have been preserved, rehabilitated or restored, according to the U.S. Secretary of the Interior's Standards for Rehabilitation. (See Coastal Management Objective CM-5.2.)

Policy LU-2.4.1: The City will encourage the conservation, rehabilitation, restoration and adaptive reuse of historic and architecturally significant housing resources through low interest housing rehabilitation loans that may be offered by City agencies. Policy LU-2.4.2: The City will continue to utilize the U.S. Secretary of the Interior's Standards for Rehabilitation as the minimum standards for the treatment of historic properties. To receive public financial support from the City, participate in incentives designated privately eligible historic owned structures must meet these standards. (See Coastal Management Policy CM-5.2.1.) Policy LU-2.4.3: The City currently owns nine seventeen historic sites and other potential archaeological sites. If it is deemed in the public benefit for the City to

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transfer title of City properties of historic, architectural or archaeological significance, such transfers will include restrictive covenants to ensure the protection and preservation of such properties. (See Coastal Management Policy CM-5.2.2.) Policy LU-2.4.4: The City will continue to work with other local governments that have title to properties of major historic or architectural significance to ensure the conservation, preservation and adaptive and sensitive reuse of such properties.

Objective LU-2.5: Increase public awareness of the historical, architectural, archaeological resources and cultural heritage of the city, and public policy and programs to protect and preserve this heritage, through public information and education programs.

Policy LU-2.5.1: The City will continue to develop a series of publications relating to historic preservation in general and the city's historic resources in particular. Policy LU-2.5.2: The City will maintain participate in an the state’s historic marker program for designated properties and other key areas, and will publish same. Policy LU-2.5.3: [Reserved] Policy LU-2.5.4: The City will continue to provide information on the City's historic, architectural and cultural heritage for inclusion in public information, economic development promotion and tourism materials. (See Coastal Management Policy CM-5.1.5.)

Goal LU-3: Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas.

Objective LU-3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment.

Policy LU-3.1.1: Continue review of existing zoning regulations to determine if they provide adequate flexibility to promote redevelopment with a mix of uses in Urban Infill Areas or Urban Redevelopment Areas and, if not, revise said existing zoning regulations or adopt new zoning regulations to promote redevelopment. Policy LU-3.1.2: Create Regional Activity Centers if appropriate in Urban Infill Areas and Urban Redevelopment Areas to facilitate mixed-use development, encourage mass transit, reduce the need for automobile travel, provide public open space and parks as required in the Parks, Recreation and Open Space element of this plan, provide incentives for quality development, and give definition to the urban form. The permitted uses and density and intensity of uses within a RAC shall be governed by the underlying future land use map designations of the subject property, except as

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otherwise limited by the designation of the RAC in the comprehensive plan. A designated RAC shall routinely provide service to, or be regularly used by, a significant number of citizens of more than one county; contain adequate existing public facilities as defined in Rule 9J-5, F.A.C., or committed public facilities, as identified in the capital improvements element of the City’s comprehensive plan; and shall be proximate and accessible to interstate or major arterial roadways. Policy LU-3.1.3: Designate the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. Policy LU-3.1.4: Applicants of Large Scale amendments, incorporating nine (9) acres or greater, shall work with the City in considering the establishment of public safety facilities, including, but not limited to Police, Fire-Rescue, and NET Service areas.

Objective 3-2: [Reserved]

Policy LU-3.2.1: [Reserved] Policy LU-3.2.2: [Reserved]

Goal LU-4: The City recognizes and respects judicially acknowledged or constitutionally protected private property rights pursuant to Chapter 163.3161(10) FS.

Objective LU-4.1 All rules, ordinances, regulations, comprehensive plans and amendments, and programs shall be developed, promulgated, implemented, and applied with sensitivity for private property rights and not be unduly restrictive.

Policy LU-4-1.1: Property owners shall be free from actions by others which would harm their property or which would constitute an inordinate burden on property rights as those terms are defined in s. 70.001(3)(e) and (f) FS.. Policy LU-4.1.2: Full and just compensation or other appropriate relief must be provided to any property owner for a governmental action that is determined to be an invalid exercise of the police power which constitutes a taking, as provided by law. Any such relief must ultimately be determined in a judicial action.(2011/5)

Urban Central Business District

An Urban Central Business District (UCBD) identifies the single urban core area within the City of Miami. The UCBD shall be consistent with the Comprehensive Plan and Future Land Use Map, shall contain mass transit service as defined in Chapter 9J-5, F.A.C., and shall contain high intensity, high density multi-use development to include: retail; professional and governmental office uses; cultural, recreational and entertainment facilities; high density

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residential; hotels and motels; and appropriate industrial activities. In accordance with Chapter 28-24.014(10) (a), F.A.C., the guidelines and standards of development, a designated Urban Central Business District within the City of Miami shall:

1. Increase the threshold for residential, hotel, motel, office, or retail development by fifty-percent (50%);

2. Increase the threshold for applicable multi-use guidelines and standards by one-

hundred percent (100%), provided that one land use of the multi-use development is residential and the residential development amounts to not less than thirty-five percent (35%) of the City of Miami’s applicable residential threshold; and

3. Increase the threshold for resort or convention hotel development by one hundred-fifty percent (150%).

The following area has been designated an Urban Central Business District (UCBD) on the City of Miami Future Land Use Map (FLUM) within Appendix LU-1:

The Downtown Miami Master Plan

The Downtown Miami Master Plan was adopted by the Miami City Commission by Resolution Number 89-990 on October 26, 1989. The Downtown Miami Master Plan contains approximately 1, 354 acres and is bounded on the north by: Northwest 20 th Street on the north; Biscayne Bay, including Brickell Key (Claughton Island), on the east; Southwest 15 th Road on the south; and Interstate 95, the Miami River, Northwest 5th Street, Interstate 395 and the Florida East Coast Railroad right-of-way on the west (see the Future Land Use Map within Appendix LU-1 for exact boundaries). Permitted Uses: Permitted uses within the Urban Central Business District shall be those of the underlying land use classification within the current Downtown Miami Master Plan, which includes: Central Business District; Major Institutional Public Facilities, Transportation & Utilities; Office; Restricted Commercial; General Commercial; Industrial; Recreation; High-Density Multifamily Residential; and Medium-Density Multifamily Residential (see descriptions in Interpretation of the Future Land Use Map). The following minimum and maximum development thresholds shall apply: The following numerical guidelines and standards shall be applied within the City of Miami’s Urban Central Business District according to Chapter 28-24.014(11), F.S.:

1. A development that is at or below eighty-percent (80%) of all numerical thresholds shall not be required to undergo development-of-regional-impact review.

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2. A development that is between eighty-percent (80%) and one-hundred (100%) percent of a numerical threshold shall be presumed to not require development of regional impact review.

3. A development that is at one-hundred percent (100%) or between one-hundred percent (100%) and one-hundred twenty percent (120%) of a numerical threshold shall be presumed to require development-of-regional-impact review.

4. A development that is at or above one-hundred twenty percent (120%) of any numerical threshold shall be required to undergo development-of-regional-impact review.

Regional Activity Centers

Regional Activity Center (RAC). A Regional Activity Center designation is intended to encourage and promote large-scale development and redevelopment as well as small parcel infill development and redevelopment that facilitates a balanced mix of land uses by providing maximum flexibility for development and redevelopment activities. In accordance with Chapter 28-24.014(10)(c)2, F.A.C., a Regional Activity Center in the City of Miami shall be a compact, high intensity, high density multi-use area designated as appropriate for intensive growth as an urban infill or urban redevelopment area by the City and may include: residential use; commercial; office; cultural and community facilities; recreational and entertainment facilities; hotels or motels; transportation facilities; utilities; and appropriate industrial activities. The major purposes of this designation are to facilitate mixed-use development, encourage mass transit, reduce the need for automobile travel, provide incentives for quality development and give definition to the urban form. For an area to qualify as a Regional Activity Center, the following criteria must be met:

1. The type of land uses permitted within each Regional Activity Center and the

density of residential uses shall be specified herein and within the City of Miami 2020 Future Land Use Map.

2. Regional Activity Centers shall include mixed land uses of regional significance.

3. Regional Activity Centers shall consist of active pedestrian environments through

high quality design of public spaces and buildings that create an appropriate human scale at street level and provide for connectivity of places through the creation of a system of pedestrian linkages.

4. Each Regional Activity Center shall be a defined geographical area of no less than 20 acres and shall be delineated on the City of Miami 2020 Future Land Use Map.

5. Regional Activity Centers shall be proximate and accessible to interstate or major arterial roadways.

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The following area has been designated Regional Activity Center within the City of Miami 2020 Future Land Use Map:

Buena Vista Yards Regional Activity Center

The Buena Vista Yards Regional Activity Center is designated to be a Chapter 380 Regional Activity Center and, subject to amendment of the Strategic Regional Policy Plan for South Florida by the South Florida Regional Planning Council, as a regional development district (a geographic area specifically designated as highly suitable for increased threshold intensity) for the purpose of increasing DRI thresholds.

General Location: South of Northeast 36th Street, North of Northeast 29th Street, East of North Miami Avenue and West of the Florida East Coast Railroad (FEC) right-of-way; excluding certain properties located along Northeast 29th Street. (See Future Land Use Map within Appendix LU-1 for exact boundaries). Permitted Uses: Permitted uses shall be as for the underlying land use classification; however, the following minimum and maximum development thresholds shall apply:

Residential: 2,000 units minimum / 4,500 units maximum Commercial: 500,000 s.f. minimum / 1,200,000 s.f. maximum Office: 80,000 s.f. minimum / 100,000 s.f. maximum

Compatibility: The City shall develop and implement design standards to address compatibility of development within the Buena Vista Regional Activity Center with the surrounding area, which design standards should further the following concepts:

New streets and avenues should connect to the existing street grid. Sidewalks, as principal pedestrian throughways, should be designed to create a

comfortable outdoor public space to accommodate a range of active and passive pedestrian activities.

Buildings should have ground floor uses that activate the street and relate new development to surrounding areas.

The context and scale of new development should be reflected in new building design, including the setting back of upper floors in order to accommodate height while maintaining human scale at the pedestrian level.

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Health District Regional Activity Center

The Health District Regional Activity Center is hereby designated to be a Regional Activity Center pursuant to Florida Statute, Chapter 380 and, subject to amendment by the Strategic Regional Policy Plan for South Florida by the South Florida Regional Planning Council, as a regional development district (a geographic area specifically designated as highly suitable for increased threshold intensity) for the purpose of increasing DRI thresholds.

General Location: South of NW 20th Street, North of State Road 836, East of NW 17th Avenue, and West of Interstate 95. Permitted Uses: Permitted uses shall be as for the underlying land use classification; whether uses shall be required to undergo additional regional review shall be governed by the provisions of Chapter 380, Florida Statutes and Chapter 28, Florida Administrative Code (F.A.C.), as such may be amended from time to time, pursuant to the designation of the Health District as a Regional Activity Center. The following maximum thresholds shall apply: (1) Maximum thresholds shall be consistent with Rule 28-24.014, F.A.C., as such may be

amended from time to time.

Residential: Maximum units consistent with Rule 28-24.014, F.A.C. Commercial: Maximum square feet consistent with Rule 28-24.014, F.A.C. Office: Maximum square feet consistent with Rule 28-24.014, F.A.C.

Hotel: Maximum units consistent with Rule 28-24.014, F.A.C.

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Interpretation of the 2020 Future Land Use Map The 2020 Future Land Use Map (contained in Appendix LU-1 of the MCNP as amended from time to time) is a planning instrument designed to guide the future development and distribution of land uses within the city in a manner that is consistent with the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan (MCNP). The amount of land designated for future planned uses shall provide a balance of uses that foster vibrant, viable communities and economic development opportunities and address outdated development patterns, such as antiquated subdivisions. As elaborated in Ch 163.3177 FS, the element shall accommodate at least the minimum amount of land required to accommodate the medium projections as published by the Office of Economic and Demographic Research for at least a 10-year planning period unless otherwise limited under s. 380.05, (2011/50) Amendments to the City’s FLUM will be also be based on analyses as elaborated in Ch 163.3177 FS. (2012/16) The future land use element and any amendment to the future land use element and map shall discourage the proliferation of urban sprawl. (2008/1) Note that electric distribution substations are allowed in all future land use map categories (except preservation, conservation or historic preservation districts. Development standards shall be pursuant to City Land Development Regulations in accordance with FS 163.3208. (2006/14) The 2020 Future Land Use Map is a generalized map that does not depict areas of less than 2 acres. The Planning Director is responsible for making all determinations of concurrency as defined in state statutes, and will also interpret the map based on all applicable state laws and administrative regulations and on the consistency between the proposed change or changes and the goals, objectives and policies expressed in the MCNP. The Planning Director will also determine whether or not proposed zoning changes require an amendment to the comprehensive plan. Land development regulations and policies are to be consistent with the 2020 Future Land Use Map. The land development regulations further define and describe all requirements applicable to zoning categories contained under each land use designation, permitting the treatment of new development according to the particular conditions existing in different areas, and always consistent with the goals, objectives and policies of the MCNP, and specifically with the Land Use Element and its Future Land Use Map. The land use designations are general designations that may include more than one zoning category. All activities and uses within each designation are compatible with each other by virtue of their scale, intensity and character, or by additional conditions required by the land development regulations, more specifically by the City Zoning Ordinance, which describes and regulates development within zoning districts in order to achieve more definite goals and objectives. The land use designations that appear in the 2020 Future Land Use Map are arranged following the "pyramid concept" of cumulative inclusion, whereby subsequent categories are inclusive of those listed previously except as otherwise noted. These designations, and the uses allowed in them, are defined as follows:

Conservation: This land use designation is restricted to environmentally sensitive areas that are to be left in an essentially natural state. Only activities that reinforce this character are allowed. Public access to these areas, including off-street parking, may be limited when unregulated access may present a threat to wildlife and plant life within such areas.

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Public Parks and Recreation: The primary intent of this land use classification is to conserve open space and green spaces of a park while allowing access and uses which will not interfere with the preservation of any significant environmental features which may exist within the park. This land use designation allows only open space and park uses with recreational and cultural uses where the total building footprints and impervious parking area surfaces in parks of one (1) acre of more may cover no more than 25% of the park land area (See related Policy PR-2.1.3.). Both passive and active recreational uses shall be permitted including but not limited to nature trails, interpretive centers, picnic areas, playgrounds, canoe trails and launches, small concession stands, restrooms, gyms, swimming pools, athletic fields, cultural facilities, marine and marina facilities and other facilities supporting passive and active recreational and cultural uses. Lands under this designation with specific qualities that make them desirable for commercial photography shall be allowed to be used in this manner conditionally, and only when it is determined that conducting such commercial photography will not endanger significant environmental features within the area. [Added 3/23/99 by Ordinance 11782.] Commercial Recreation: This land use designation only allows privately-owned recreation uses open to the public or to private groups. Marine Facilities: This land use designation is intended to apply to waterfront properties which are primarily public properties and intended to be developed and utilized in a manner which will facilitate public access to waterfront activities. Permissible uses within this designation include marine and marina facilities, marine stadiums, waterfront specialty centers (including restaurants, cafes and retailing), recreational activities including water theme parks, cultural, educational and entertainment facilities and accessory hotel accommodations with maximum FAR limitations between the range of 0.65 to 1.72 and a maximum density of 130 hotel units per acre; the higher FAR may be approved only upon demonstration and finding that the application of the higher limitations will not adversely affect access. Permanent living facilities are not permitted within this classification. [Added 3/23/99 by Ordinance 11782.] Nonresidential floor area is the sum of areas for nonresidential use on all floors of buildings, measured from the outside faces of the exterior walls, including interior and exterior halls, lobbies, enclosed porches and balconies used for nonresidential uses. Not countable as nonresidential floor area are:

(a) Parking and loading areas within buildings; (b) Open terraces, patios, atriums or balconies; or (c) Stairways, elevator shafts, mechanical rooms.

Single Family Residential: Areas designated as "Single Family Residential" allow single family structures of one dwelling unit each to a maximum density of 9 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements.

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Supporting services such as foster homes and family day care homes for children and/or adults; and community based residential facilities2 (6 clients or less, not including drug, alcohol or correctional rehabilitation facilities also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within single family residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within single family residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Duplex Residential: Areas designated as "Duplex Residential" allow residential structures of up to two dwelling units each to a maximum density of 18 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Community based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) also will be allowed pursuant to applicable state law. Places of worship, primary and secondary schools, child day care centers and adult day care centers are permissible in suitable locations within duplex residential areas. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within duplex residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Low Density Multifamily Residential: Areas designated as "Low Density Multifamily Residential" allow residential structures to a maximum density of 36 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; day care centers for children and adults may be permissible in suitable locations. Permissible uses within low density multifamily residential areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses; and places of worship, primary and secondary schools, and accessory post-secondary educational

2 A "Community based residential facility" provides room (with or without board), resident services, and twenty-four hour supervision. Such a facility functions as a single housekeeping unity. This category includes adult congregate living facilities, facilities for physically disabled and handicapped persons, for developmentally disabled persons, for non dangerous mentally ill persons and for dependent children, as licensed by the Florida Department of Health, and juvenile and adult residential correctional facilities, including halfway houses, as licensed or approved by an authorized regulatory agency.

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facilities; all of which are subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within low density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s). Medium Density Multifamily Residential: Areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum density of 65 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Supporting services such as community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities) will be allowed pursuant to applicable state law; community-based residential facilities (15-50 clients) and day care centers for children and adults may be permissible in suitable locations. Permissible uses within medium density multifamily areas also include commercial activities that are intended to serve the retailing and personal services needs of the building or building complex, small scale limited commercial uses as accessory uses, subject to the detailed provisions of applicable land development regulations and the maintenance of required levels of service for such uses, places of worship, primary and secondary schools, and accessory post-secondary educational facilities. Professional offices, tourist and guest homes, museums, and private clubs or lodges are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within medium density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses. Density and intensity limitations for said uses shall be restricted to those of the contributing structure(s).

High Density Multifamily Residential: Areas designated as "High Density Multifamily Residential" allow residential structures to a maximum density of 150 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. Higher densities may be allowed as shown for these specially-designated areas:

Little Havana Target Area 200 units per acre Southeast Overtown 300 units per acre Miami River 400 units per acre Brickell, Omni, Park West and River Quadrant 500 units per acre

Supporting services such as offices and commercial services and other accessory activities that are clearly incidental to principal uses are permitted; community-based residential facilities (14 clients or less, not including drug, alcohol or correctional rehabilitation facilities)

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will be allowed pursuant to applicable state law; community-based residential facilities (15+ clients), places of worship, primary and secondary schools, and day care centers for children and adults may be permissible in suitable locations. Low Density Restricted Commercial: Areas designated as "Low Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Low Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as “Low Density Restricted Commercial” allow a maximum floor lot ratio (FLR) of 3.0 times the net lot area of the subject property. Medium Density Restricted Commercial: Areas designated as "Medium Density Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "Medium Density Multifamily Residential" subject to the same limiting conditions; transitory residential facilities such as hotels and motels. This category also allows general office use, clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as “Medium Density Restricted Commercial” allow a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. 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. 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.

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Areas designated as “Major Institutional, Public Facilities, Transportation and Utilities allow nonresidential uses 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.

Restricted Commercial: Areas designated as "Restricted Commercial" allow residential uses (except rescue missions) to a maximum density equivalent to "High Density Multifamily Residential" subject to the same limiting conditions and a finding by the Planning Director that the proposed site’s proximity to other residentially zoned property makes it a logical extension or continuation of existing residential development and that adequate services and amenities exist in the adjacent area to accommodate the needs of potential residents; transitory residential facilities such as hotels and motels. This category also allows general office use; clinics and laboratories, auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. Also allowed are commercial activities that generally serve the daily retailing and service needs of the public, typically requiring easy access by personal auto, and often located along arterial or collector roadways, which include: general retailing, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, general entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities and other commercial activities whose scale and land use impacts are similar in nature to those uses described above. This category also includes commercial marinas and living quarters on vessels as permissible. The nonresidential portions of developments within areas designated as “Restricted Commercial” allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as “Restricted Commercial” in the Edgewater Area allow a maximum floor lot ratio (FLR) of 17.0 times the net lot area of the subject property. Properties designated as “Restricted Commercial” in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City’s adopted concurrency management requirements. Nonresidential floor area is the floor area that supports nonresidential uses within the inside perimeter of the outside walls of the building including hallways, stairs, closets, thickness of walls, columns and other features, and parking and loading areas, and excluding only open air corridors, porches, balconies and roof areas.

Central Business District (CBD): The area designated as "Central Business District (CBD) is intended to apply to the central commercial, financial and office core of the metropolitan region, and allows all activities included in the "Restricted Commercial," and "Major Institutional, Public Facilities, Transportation and Utilities" designations. Residential facilities (except for rescue missions) alone or in combination with other uses are allowable to a maximum density of 1,000 dwelling units per acre, subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service

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for facilities and services included in the City's adopted concurrency management requirements. Also permitted is a mix of uses ranging from high density multifamily residential to high intensity office uses with retail uses on the lower floors of structures. Intensity of uses within the CBD land use designation are generally higher than those allowed in other areas of the city. Areas designated as CBD allow a maximum floor lot ratio (FLR) of 40 times the net lot area of the subject property.

General Commercial: Areas designated as “General Commercial” allow all activities included in the “Restricted Commercial” designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to industrial areas. These commercial activities include retailing of second hand items, automotive repair services, new and used vehicle sales, parking lots and garages, heavy equipment sales and service, building material sales and storage, wholesaling, warehousing, distribution and transport related services, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above. Multifamily residential structures of a density equal to High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations.

The nonresidential portions of developments within areas designated as “General Commercial” allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the net lot area of the subject property. Properties designated as “General Commercial” in the Urban Central Business District and Buena Vista Yards Regional Activity Center allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property.

All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City’s adopted concurrency management requirements. Industrial: The areas designated as "Industrial" allow manufacturing, assembly and storage activities. The "Industrial" designation generally includes activities that would otherwise generate excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes, or negative visual impact unless properly controlled. Stockyards, rendering works, smelting and refining plants and similar activities are excluded. Residential uses are not permitted in the "Industrial" designation, except for rescue missions, and live-aboards in commercial marinas. Areas designated as “Industrial” allow a maximum Areas designated as “Industrial” allow a maximum floor lot ratio (FLR) of 8.0 times the net lot area of the subject property. Furthermore, all such uses shall be subject to the maintenance of required levels of service for facilities and services included in the City’s adopted concurrency management requirements.

Light Industrial (LI): The primary intent of this land use classification is to allow mixed use development within this land use classification, and further, to facilitate the ability of developing a mixed occupancy within a unit in which more than one type of use is provided under Live/Work or Work/Live zoning districts of the City’s land development regulations.

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Areas designated as “Light Industrial” allow all activities included in the “Restricted Commercial” and “General Commercial” designations, as well as wholesaling and distribution activities that generally serve the needs of other businesses; generally require on and off loading facilities; and benefit from close proximity to general commercial areas. These commercial activities (beyond those permitted in the “Restricted Commercial” and “General Commercial” designations) include retailing of second hand items, new and used vehicle sales, parking lots and garages, wholesaling, warehousing, light manufacturing and assembly and other activities whose scale of operation and land use impacts are similar to those uses described above.

This category also allows commercial marinas and living quarters on vessels for transients. This land use category shall not permit storing, packaging, handling, processing or distribution of explosive, flammable or otherwise hazardous materials; scrap yards; and health clinics.

The hazard level of an activity shall be one of the determining factors as to whether that activity shall be permissible within a Light Industrial district; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work developments.

Areas designated as “Light Industrial” allow residential uses to a maximum density of 36 dwelling units per acre, and the nonresidential portions of developments within areas designated as “Light Industrial” allow a maximum floor lot ratio (FLR) of 10.0 times the net lot area of the subject property Affordable housing developments that are certified by the City as having a complete application for development as of the effective date of the proposed Land Development Regulations shall be permitted with densities up to 150 dwelling units per acre but must obtain all building permits by December 17, 2012, at which time any rights herein to building permits shall expire.

All such uses and mixes of uses shall be subject to the detailed provisions of the applicable land development regulations and the maintenance of required levels of service for facilities and services included in the City’s adopted concurrency management requirements.

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Correspondence Table – Zoning and Comprehensive Plan

Transect

Miami 21

Transect Zone

October 2009 MCNP

Future Land Use Dwelling Units Per

Acre Max.

T3

R, L SUB-URBAN

SINGLE-FAMILY RESIDENTIAL 9 du/ac

T3

O DUPLEX RESIDENTIAL 18 du/ac

T4

R

GENERAL URBAN

LOW DENSITY MULTIFAMILY RESIDENTIAL 36 du/ac

T4

L,O

LOW DENSITY RESTRICTED COMMERCIAL 36 du/ac

T5

R URBAN CENTER

MEDIUM DENSITY MULTIFAMILY RESIDENTIAL 65 du/ac

T5

L,O

MEDIUM DENSITY RESTRICTED COMMERCIAL 65 du/ac

T6-(8 – 48)

R

URBAN CORE

HIGH DENSITY MULTIFAMILY RESIDENTIAL

150 du/ac T6-(8 – 48)

L, O

RESTRICTED COMMERCIAL, GENERAL COMMERCIAL

D1

WORK PLACE

LIGHT INDUSTRIAL 36 du/ac

D2

INDUSTRIAL

INDUSTRIAL N/A

D3

MARINE INDUSTRIAL N/A

T6-80

R,L,O URBAN CORE CENTRAL BUSINESS DISTRICT 1000 du/ac

CI

CIVIC INSTIUTIONAL

MAJOR INSTITUTIONAL, PUBLIC FACILITIES,

TRANSPORTATION, AND UTILITIES

150 du/ac

CI-HD CIVIC INSTITUTION –

HEALTH DISTRICT

MAJOR INSTITUTIONAL, PUBLIC FACILITIES,

TRANSPORTATION, AND UTILITIES

150 du/ac

CS

CIVIC SPACE/PARKS

PUBLIC PARKS AND RECREATION N/A

COMMERCIAL RECREATION N/A

T1

NATURAL

CONSERVATION N/A

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HOUSING Goal HO-1: Increase the supply of safe, affordable and sanitary housing, including workforce housing (2007/2), for extremely low-, very low-, low-, and moderate-income households (in accordance with the current standards and regulations of HUD and the State of Florida) and the elderly, described as persons 62 years of age and older pursuant to FS 420.0004(8) (2006/5), by alleviating shortages of extremely low, very low-, low-, and moderate -income housing, rehabilitating older homes, maintaining, and revitalizing residential neighborhoods in order to meet the needs of all income groups.

Objective HO-1.1: Provide and/or encourage a local regulatory, investment, and neighborhood environment that will assist the private sector in increasing the stock of affordable housing, including workforce housing (2007/2), for all income levels, including extremely low-, very low-, low-, and moderate-income (in accordance with the current standards and regulations of HUD and the State of Florida), within the City by at least 10 percent by 2010.

Policy HO-1.1.1: The City defines affordable (moderate-income) housing in accordance with the current standards and regulations of the United States Department of Housing and Urban Development (HUD). The City continues to promote equal access to housing opportunities. The City, with other governmental agencies and non-profit organizations, will educate appropriate parties regarding fair housing and refer fair housing concerns to the appropriate enforcement agency. Policy HO-1.1.2: Continue and expand the City's current affordable housing programs and continue its participation in federal housing programs and the County Documentary Stamp Surtax Program. Policy HO-1.1.3: The City will continue to develop comprehensive neighborhood redevelopment plans and programs that encourage private developers to build new, or rehabilitate old, residential structures and ensure that public investments are coordinated with private sector developments to increase the overall attractiveness of redeveloping neighborhoods. Policy HO-1.1.4: Tax Increment Financing districts, which are designated by Miami-Dade County, as a mechanism for financing public improvements in residential areas and stimulating neighborhood revitalization, will continue to be used. Policy HO-1.1.5: The City will continue to enforce, and where necessary strengthen those sections of the land development regulations that are intended to preserve and enhance the general appearance and character of the City's neighborhoods and to buffer such neighborhoods from incompatible uses through the implementation and enforcement of transition and buffering standards.

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Policy HO-1.1.6: The City will continue to encourage the designation, restoration, and adaptive and sensitive reuse of historic or architecturally significant housing through zoning and other incentives deemed appropriate. Policy HO-1.1.7: The City will continue to control, through restrictions in the City's land development regulations, large scale and/or intensive commercial and industrial land development which may negatively impact any residential neighborhood and will provide appropriate transitions between high-rise and low-rise residential developments. Policy HO-1.1.8: Through the land development regulations, the City will protect existing viable neighborhoods in those areas suitable for housing and, where appropriate, enhance them in a manner compatible with their existing character. Policy HO-1.1.9: The City's land development regulations will encourage high-density residential development and redevelopment in close proximity to Metrorail and Metromover stations. (See Land Use Policy LU-1.1.10 and Transportation Policy TR-1.5.2.) Policy HO-1.1.10: The City shall report annually the extent to which the housing recommendations set forth in the adopted City of Miami Consolidated Plan (as they may be amended from time to time) are being realized including those relating to: 1) the preservation of affordable rental housing through the rehabilitation of existing

rental stock and the encouragement of new rental housing construction, with a focus on serving the needs of small families and single person households, such as the elderly described as persons 62 years of age and older pursuant to FS 420.0004(8) (2006/5), and person with HIV/AIDS;

2) assistance to residents to achieve homeownership by seeking to increase the

inventory of affordably priced units through new construction and the creation of a Purchase Rehab program by providing second mortgage, down payment and closing cost assistance to first-time homebuyers; and

3) stimulation of affordable housing development through the implementation of

policy with respect to:

a. the creation of a land acquisition program for Infill b. identification of additional funding for affordable housing c. the continued provision of Affordable Housing incentives d. the provision of training/workshops to developers on City programs and

regulations e. streamlining of the RFP process and the provision of multi-year funding f. Increasing the capacity of non-profit housing providers. g. Providing for certain accessory dwelling units to apply towards satisfying

affordable housing (2004/4)

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Policy HO-1.1.11: [Reserved] The City shall conduct a Nexus study to determine the actual cost to the City in terms of the lack of affordable housing for workers who will be hired by virtue of the construction of commercial properties in the city, within two (2) years of the adoption of the 2016 EAR Amendments. Policy HO-1.1.12: The City, through its NET Offices, will assist the private sector through the following:

1. Hosting informational meetings to educate the public in connection with a) fair housing standards and regulations as it pertains to Department of Housing and Urban Development (HUD), and b) the City’s Land Development Regulations;

2. Serving as a referral to the appropriate enforcement agencies with regards to fair housing issues;

3. Serving as a liaison between the Planning and Zoning Department and Code Compliance Department in referring land use issue complaints regarding land development regulations.;

4. Disseminating information that relates to new rental housing construction for elderly described as persons 62 years of age and older pursuant to FS 420.0004(8) (2006/5), and low income residents thru partnerships with area construction developers and project managers;

5. Providing information to City Departments through daily community outreach regarding vacant, blighted, unsafe structures and reporting them.

Policy HO-1.1.13: Where appropriate the City shall consider The Community Workforce Housing Innovation Pilot Program to provide affordable rental and home ownership community workforce housing for essential services personnel affected by the high cost of housing, using regulatory incentives and state and local funds to promote local public-private partnerships and leverage government and private resources pursuant to FS 420.5095, (2006/16) Policy HO-1.1.14: The City may provide density bonus incentives pursuant to FS 420.615 to any landowner who voluntarily donates fee simple interest in real property to the local government for the purpose of assisting the local government in providing affordable housing. Donated real property must be determined by the City to be appropriate for use as affordable housing and must be subject to deed restrictions to ensure that the property will be used for affordable housing. (2006/17) Policy HO-1.1.15: Through the City’s Land Development Regulations, it will provide for certain accessory dwelling units to apply towards satisfying the affordable housing component pursuant to s. 163.3177(6)(f)., (2004/4)

Objective HO-1.2: Conserve the present stock of extremely low-, very low-, low-, and moderate-income housing (in accordance with the current standards and regulations of HUD and the State of Florida) within the City and reduce the number of substandard units through rehabilitation, reduce the number of unsafe structures through

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demolition or rehabilitation, and insure the preservation of historically significant housing through identification and designation.

Policy HO-1.2.1: The City defines extremely low-, very low-, low-, and moderate-income housing (in accordance with the current standards and regulations of HUD and the State of Florida) in accordance with the current standards and regulations of the United States Department of Housing and Urban Development (HUD) and the State of Florida. Policy HO-1.2.2: The City will continue, and when necessary expand extremely low-, very low-, low-, and moderate-income housing programs with the intent of preventing a net loss of extremely low-, very low-, low-, and moderate-income housing (in accordance with the current standards and regulations of HUD and the State of Florida) units within the City. Policy HO-1.2.3: The City's housing programs will provide for a diverse range of housing types in all areas of the City, including housing that is affordable to extremely low-, very low-, low-, and moderate-income households (in accordance with the current standards and regulations of HUD and the State of Florida) as an alternative to the geographic concentration of low-income housing. Policy HO-1.2.4: The City will continue to assist non-profit, community-based organizations in the development and provision of extremely low-, very low-, low-, and moderate-income housing (in accordance with the current standards and regulations of HUD and the State of Florida) projects to augment the public sector provision of extremely low-, very low-, low-, and moderate-income housing. This assistance will include, but not be limited to, technical assistance, marketing and financial planning assistance, and the provision of public improvements, such as street improvements, curbing, landscaping and public open spaces, proper drainage and street lighting. Policy HO-1.2.5: The City defines substandard housing as any residential unit that lacks either complete kitchen or plumbing facilities, does not satisfy health and safety codes, or detracts from the physical appearance of neighborhoods in the City’s definition of substandard housing as compliant with the State’s definition of substandard housing in s.420.0004(12), F.S. Policy HO-1.2.6: With the intent of preserving and enhancing neighborhood character, the City will utilize code enforcement to prevent the illegal conversion of single-family residences into multifamily units. Policy HO-1.2.7: The City will continue to enforce and implement neighborhood specific design and development standards that may be developed as a result of the amendments to the City’s land development regulations and other initiatives to strengthen those sections of the Zoning Ordinance that are intended to preserve and enhance the general appearance and character of the City's neighborhoods.

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Policy HO-1.2.8: The City will increase code enforcement efforts in areas where significant concentrations of substandard units are likely to exist. The City will implement programs to assist extremely low-, very low-, low-, and moderate-income households (in accordance with the current standards and regulations of HUD and the State of Florida) in rehabilitating their units. Owners of substandard units will be required to make needed repairs in a timely manner and vacant or abandoned property will be required to be secured so as not to represent a public health or safety hazard. Policy HO-1.2.9: The City will monitor conditions and if necessary formally request that Miami-Dade County maintain an acceptable quality of public housing within the City. Policy HO-1.2.10: The City will, through its building code enforcement, demolish all structures determined to be structurally unsafe. Policy HO-1.2.11: Historically significant housing in the City will be identified and subject to Chapter 23 and other appropriate sections of the City's Code and Zoning Ordinance. Policy HO-1.2.12: The City, through its NET Offices, will assist the private sector through the following:

1. Conducting community meetings to explain and answer questions; 2. Ensuring temporary boarding/securing of structures determined to be

structurally unsafe until demolished or rehabilitation is complete;

Objective HO-1.3: Facilitate the private and public sector provision of housing in non-isolated residential areas for community-based residential facilities and foster care facilities (including those funded by the Florida Department of Health and Rehabilitative Services).

Policy HO-1.3.1: The City will permit the operation of group homes, foster care facilities and Adult Congregate Living Facilities (ACLFs), subject to restrictions reflected in the City Zoning Ordinance, in all residential areas at the residential densities for which those areas are zoned. Policy HO-1.3.2: The City's land development regulations will be reviewed and amended where warranted, to prevent concentrations of group homes, foster care facilities, and Adult Congregate Living Facilities (ACLFs) in any area of the City. Policy HO-1.3.3: [Reserved] Policy HO-1.3.4: [Reserved]

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Objective HO-1.4: The City will continue to participate in a regional effort to provide adequate shelter for the homeless.

Policy HO-1.4.1: The City, along with Miami-Dade County, Broward County, the major municipalities of the region, the South Florida Regional Planning Council, and the State Department of Health and Rehabilitative Services will participate in the development of a coordinated plan to address the problem of homelessness in South Florida. Policy HO-1.4.2: [Reserved] Policy HO-1.4.3: The City will assist in providing, when necessary, temporary emergency shelter facilities to serve homeless families and children. Policy HO-1.4.4: The City's land development regulations will permit temporary crisis intervention facilities and short-term transitional facilities (aimed at assisting the homeless to become self-supporting members of society) to be located proximate to areas where social assistance and economic opportunities are available. Policy HO-1.4.5: The City will continue and expand its efforts to acquire and administer federal and state financial aid for homeless assistance. Efforts also include seeking funding from Miami-Dade County, the Homeless Trust, and Miami Coalition for the Homeless to aid in homeless assistance. Policy HO-1.4.6: The City will provide regulations for, and permit the siting of, homeless shelters within its land development regulations and take appropriate measures to prevent a net loss of shelter capacity. The City will develop a ten-year plan designed to end chronic homelessness by working toward a more equitable distribution of facilities throughout Miami-Dade County.

Objective HO-1.5: Provide assistance to displaced occupants where public redevelopment programs require relocation.

Policy HO-1.5.1: The City's housing program will continue to provide for assistance to occupants displaced by public redevelopment projects so that suitable relocation housing in proximity to employment and necessary public services is available prior to the demolition or replacement of existing housing serving extremely low-, very low-, low-, and moderate-income occupants. Policy HO-1.5.2: The City, through its NET Offices, will provide relocation information to occupants displaced by public redevelopment projects

Objective HO-1.6: [Reserved]

Policy HO-1.6.1: [Reserved]

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Goal HO-2: Achieve a livable city center with a variety of urban housing types for persons of all income levels in a walkable, mixed-use, urban environment.

Objective HO-2.1: Design and create pedestrian friendly environments and neighborhoods with varied housing prototypes and amenities catering to persons of diverse social, economic and cultural backgrounds, with a variety of urban housing types for persons of all income levels including those of extremely low-, very low-, low-, and moderate-income households (in accordance with the current standards and regulations of HUD and the State of Florida) provided in a walkable, mixed-use, urban environment.

Policy HO-2.1.1: Through the land development regulations, the City will continue to protect and enhance existing neighborhoods in downtown. Policy HO-2.1.2: The City will continue to revise residential zoning district regulations to provide greater flexibility for the design and development of a variety of contemporary housing types and mixed-use developments with the application of new higher density zoning in accordance with neighborhood specific design and development standards that might be adopted as a result of amendments to the City’s land development regulations and other neighborhood planning initiatives. Policy HO-2.1.3: The City will continue to assure that necessary support services, institutions and amenities are available to existing neighborhoods. The City, through its NET Offices will continue to serve as a contact within the homeowners associations in assisting and providing information about current services for its residents and neighboring communities. Policy HO-2.1.4: The City will continue to promote development of new, high quality, dense urban neighborhoods along the Miami River Policy HO-2.1.5: The City will continue to encourage adaptive reuse of commercial space for residential use by working to eliminate unnecessary residential requirements in the Zoning Ordinance that inhibit reasonable adaptive reuse. Policy HO-2.1.6: The City will continue to target available governmental housing assistance programs and funds to assist with development of affordable housing in existing viable neighborhoods and publicly designated redevelopment districts while avoiding undue concentrations of assisted housing. Policy HO-2.1.7: Working together with private developers, the City will continue to apply for Urban Development Action Grants (UDAG's), Housing Development Action Grants (HoDAG's), and other potential grant programs in the Southeast Overtown/Park West, Lummus Park, River Quadrant and West Brickell areas, where housing can be developed as a part of mixed-use projects.

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Policy HO-2.1.8: Through changes in the City's land development regulations, the City will continue to expand the areas in which new commercial development may receive incentives for Housing Trust Fund contributions. Policy HO-2.1.9: [Reserved]

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SANITARY AND STORM SEWERS Goal SS-1: Ensure a clean, healthy urban environment through the proper maintenance, timely provision and efficient operation of a centralized wastewater treatment and ancillary sewerage system.

Objective SS-1.1: All residences and businesses within the City that have been approved are served by sanitary sewers, and the City will continue to coordinate with

Miami-Dade County to replace and repair aging segments of the system as required, and will coordinate with Miami-Dade County on the extension of, or increase in the capacity of, treatment facilities to meet future needs.

Policy SS-1.1.1: The City will continue to implement existing plans to extend the sewerage system to all approved areas of the City. Policy SS-1.1.2: The City will complete those sanitary sewer projects described in the City's Capital Improvement Program as scheduled. Policy SS-1.1.3: The City will monitor progress on all sanitary sewer related capital improvement projects on an annual basis as part of its capital improvement implementation procedures. Policy SS-1.1.41: Although the City has no authority with respect to Miami-Dade County's wastewater treatment programs, the City shall, through its Intergovernmental Coordination Policies, continue to support, and cooperate with, Miami-Dade Water and Sewer Department (M-DWASD) actions to repair and replace aging segments of the

system, extend the sewage system to all approved areas of the City and to expand the capacities of its wastewater treatment facilities as expressed in that Department's Wastewater Facilities Master Plan, dated April 2008, as may be amended from time to time.

Objective SS-1.2: Ensure that the practice of wastewater management is consistent with the protection and preservation of natural resources.

Policy SS-1.2.1: Although the City has no authority with respect to Miami-Dade County's wastewater treatment programs, the City shall, through its Intergovernmental Coordination Policies, support and encourage M-DWASD to continue to adhere to its current policies of: no discharge of wastewater to surface fresh waters; advanced waste treatment at all "package" treatment plants that are granted variances from "no discharge" requirements; secondary treatment prior to discharge from ocean outfalls; secondary treatment, proven design, local operating experience and compliance with all regulatory agency requirements prior to discharge from injection wells; and secondary or higher levels of treatment, as required by regulations, prior to discharge to shallow groundwater to ensure no negative impact on the ability of the receiving waters to meet Federal Drinking Water Standards.

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Policy SS-1.2.2: In the design and construction of new sewers, and in the repair and replacement of old sewers, the City will use appropriate design and construction techniques to eliminate infiltration of storm waters into the sanitary sewer system, or the overflow of wastewater into the storm sewer system. Policy SS-1.2.32: The City will use its authority under local codes and ordinances to cooperate with Miami-Dade County DERM Department of Regulatory and Economic

Resources, Environmental Resources Management Division (DRER) to identify and eliminate any sites where there may be illegal connections of sanitary sewers to the storm sewer system. Policy SS-1.2.43: The City will, through its Intergovernmental Coordination Policies, negotiate with M-DWASD to seek cooperative agreements to ensure that the operation of the Central District wastewater treatment facility on Virginia Key does not degrade the natural environment or limit the public's access to recreational opportunities on the island.

Objective SS-1.3: The City's land development regulations will ensure that approval of development or redevelopment will not occur until there exists adequate wastewater transmission capacity to serve that development.

Policy SS-1.3.1: The level of service standard to determine adequate transmission capacity is 141 gallons per capita per day (GPCD). Policy SS-1.3.21: All improvements for replacement, expansion or increase in capacity of the sanitary sewer transmission network shall be compatible with the level of service standard adopted in Policy 1.3.1.by M-DWASD and DRER. Policy SS-1.3.32: Since the sanitary sewer network is an interconnected Countywide system, the departments of Public Works and Planning will cooperate with M-DWASD to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity. Policy SS-1.3.4: The City will monitor the permitting of any development or redevelopment occurring outside of the City's boundaries which by gravity connects to the City's sewer transmission network.

Objective SS-1.4: The City’s sanitary sewer collection system is a valuable and costly element of the urban infrastructure, and its use is to be maximized in the most efficient manner.

Policy SS-1.4.1: The City will ensure, through its concurrency management system that sanitary sewer and storm sewers shall be in place to serve new development or redevelopment no later than the issuance of a certificate of occupancy or its functional equivalent. (See Sanitary and Storm Sewers Policy SS-2.5.1.)

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Goal SS-2: Provide adequate stormwater drainage to reasonably protect against flooding in areas of intensive use and occupation, while preventing degradation of quality in receiving waters.

Objective SS-2.1: In accordance with the 1986 Storm Drainage Master Plan and subsequent updates, the City will address the most critical drainage problems. The City’s goals for retrofitting subcatchment areas within the City will meet or exceed the five-year frequency, 24-hour duration standard while utilizing water quality design criteria. The City will confer with local agencies, namely the Miami-Dade County Department of Environmental Resources Management (DERM) DRER when retrofitting City projects to incorporate design criteria and best management practices (BMPs).

Policy SS-2.1.1: The City will adhere to its 1986 Storm Drainage Master Plan and subsequent updates as the long-range policy guideline for improving its storm drainage management system, and will update the estimated cost of implementing that Plan through the annual updates to the City’s Capital Improvements Program included in the Capital Improvements element of the MCNP. The City will rank the projects specified in the 1986 Storm Drainage Master Plan, with priority given to addressing the most critical problem areas within the City, and implement those projects supported by a financing plan according to the provisions of Chapter 18, Article VIII of the City Code, entitled "Storm Water Utility System." The 1986 plan will be was updated by 2010 in 2012 with measurable Goals and Objectives. The plan will be reported and reviewed annually and at time of EAR. Policy SS-2.1.2: The City will continue to monitor progress on all storm sewer-related capital improvement projects on an annual basis as part of its capital improvement implementation procedures. Policy SS-2.1.3: The City will ensure, through its concurrency management system that sanitary sewer and storm sewers shall be in place to serve new development or redevelopment no later than the issuance of a certificate of occupancy or its functional equivalent. Issuance of any development permit shall require compliance with a minimum drainage level of service standard of a one-in-five-year 24 hour storm event while incorporating water quality considerations.

Objective SS-2.2: The practice of stormwater management within the City will be designed to reduce pollutant-loading rates to surface waters.

Policy SS-2.2.1: The City will retrofit the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay. If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil, and minimize pollutant discharges.

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(See Natural Resource Conservation Policy NR-1.1.2 and Coastal Management Policy CM-1.1.2.) Policy SS-2.2.2: In order to reduce the level of contaminants carried into Biscayne Bay via the Miami and Little rivers, the Solid Waste Department should be is encouraged to increase the frequency and extent of street sweeping. (See Solid Waste Policy SW-1.3.3.) Policy SS-2.2.3: The City will continue to seek cooperative agreements and funding support from Miami-Dade County DERM DRER, the South Florida Water Management District, the U.S. Army Corps of Engineers, and any other appropriate state and federal agencies in order to protect the quality of its surface waters and reduce pollutant loadings into the Miami River, its tributaries, the Little River, and directly into Biscayne Bay. Policy SS-2.2.4: The City shall require that "best management practices" shall be used in the design and construction of stormwater management systems to minimize pollutant load eventually discharged to natural drainage systems, as well as to regulate the volume and timing of storm water delivered to natural systems. Policy SS-2.2.5: The City will continue to enforce Florida Building Code requirements for the on-site retention of the first inch of storm water runoff. (See Natural Resource Conservation Policy NR-2.1.2.) Policy SS-2.2.6: The City will consider the inclusion of stormwater quality control structures in any new projects for major road improvements and commercial parking areas.

Objective SS-2.3: As the City implements the storm water management improvements specified in the 1986 Storm Drainage Master Plan as updated in 2012, it will ensure that stormwater management contributes to the conservation of ground water as a future potable water supply.

Policy SS-2.3.1: In its stormwater management practices, the City will promote infiltration of storm water to surficial or artesian aquifers to prevent further saltwater intrusion, where such infiltration is deemed to be feasible and cost efficient, and is not likely to represent an environmental hazard.

Objective SS-2.4: All areas of the City are now served by storm drainage facilities, and the City will continue to coordinate the replacement, repair, extension, and capacity increases of the system consistent with development and redevelopment needs.

Policy SS-2.4.1: Through enforcement of its Storm Water Utility System as provided in Chapter 53.5 18 of the City Code, the City will use its authority "to construct, reconstruct, improve, and extend stormwater utility system and to issue revenue bonds and other debts if needed to finance in whole or part the cost of such system and to

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establish just and equitable rates, fees, and charges for the services and facilities provided by the system."

Objective SS-2.5: The City’s storm drainage system is a valuable and costly element of the urban infrastructure, and its use is to be maximized in the most efficient manner to serve this fully developed community.

Policy SS-2.5.1: The City will use its land development regulations to ensure that development and redevelopment is consistent with the capacity of the storm drainage system. (See Sanitary and Storm Sewers Policy SS-1.4.1.)

Objective SS-2.6: The City’s Municipal Separate Storm Sewer System discharges to the surface waters of the United States. These discharges are regulated by the National Pollutant Discharge Elimination System (NPDES) permit issued by the United States Environmental Protection Agency. The City shall meet the requirements of the permit when operating its drainage facilities.

Policy SS-2.6.1: The City will comply with the conditions in its NPDES permit. Policy SS-2.6.2: The operation of the City’s drainage system to meet NPDES requirements shall meet the following criteria:

The Miami Comprehensive Neighborhood Plan (MCNP) shall be consistent with stormwater management program elements as defined in the NPDES permit.

Stormwater projects and activities shall be consistent with the current local, state and federal regulations at the time of implementation.

Stormwater capital improvement and operation and maintenance projects shall be implementable.

Policy SS-2.6.3: The City will, through its National Pollutant Discharge Elimination System (NPDES) Permit, enforce and educate all construction sites and operators of such construction sites, for compliance with the Florida Department of Environmental Protection (FDEP) requirements and the Municipal Storm Sewer System (MS4) permit.

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NATURAL GROUNDWATER AQUIFER RECHARGE Goal AR-1: Protect the functions of the natural groundwater aquifer recharge areas within the City.

Objective AR-1.1: Ensure that stormwater management practices contribute to conservation of groundwater as a future potable water supply.

Policy AR-1.1.1: As the City implements the projects identified in its 1986 Storm Drainage Master Plan and subsequent updates, it will promote the infiltration of storm water to surficial or artesian aquifers to prevent further saltwater intrusion, where such infiltration is deemed to be feasible, not to represent an environmental hazard, and to be cost efficient. Policy AR-1.1.2: The City will coordinate with and support local, state and federal agencies to achieve regional aquifer recharge protection objectives, including those pertaining to the quality and quantity of groundwater resources. Policy AR-1.1.3: The City will continue to support the South Florida Water Management District efforts to monitor the water levels at the salinity control structures within the City to prevent against further saltwater intrusion and protect the aquifer recharge areas and cones of influence of wellfields from contamination. (See Natural Resource Conservation Policy NR-2.1.3.)

Objective AR-1.2: The City will use its land use and development regulations to ensure that land uses for areas within the City deemed to be aquifer recharge areas by the South Florida Water Management District, maintain adequate recharge for the aquifer.

Policy AR-1.2.1: The City will maintain low to moderate density uses in the West Flagami area of the City (as shown on Figure III.1 of the Data and Analysis) as necessary to protect the secondary aquifer recharge area. (See Land Use Policy LU-1.1.9.) Policy AR-1.2.2: The City will work with Miami-Dade County to implement the County management plan that identifies potential areas of water withdrawals, potential sources of contamination, the impact of potential withdrawals to other legal users, and the development of practices that will maintain this aquifer as a viable water supply source. Policy AR-1.2.3: In accordance with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan and Objective PW-1.3, and its related policies, the City's coordination with MDWASD shall develop alternative water supply

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sources to supplement withdrawals from the Biscayne Aquifer. Such sources may include withdrawals from the Floridan Aquifer, implementation of water conservation methods, and development of reclaimed and wastewater reuse strategies.

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POTABLE WATER Goal PW-1: Ensure that all residents and workers within the City have adequate access to safe drinking water through the efficient operation of centralized, County operated potable water treatment facilities and ancillary potable water transmission system.

Objective PW-1.1: Land development regulations will ensure that approval of development or redevelopment will not be granted unless and until there exists adequate potable water transmission capacity to serve that development.

Policy PW-1.1.1: Since the potable water network is an interconnected, Countywide system, the City will cooperate with Miami-Dade County Water and Sewer Department (MDWASD) to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that sufficient capacity to serve development exists. (See Natural Resource Conservation Policy NR-2.1.4.)

Objective PW-1.2: The City shall coordinate with the MDWASD to ensure adequate levels of safe potable water are available to meet the needs of the City. (See Natural Resource Conservation Objective NR-2.1.)

Policy PW-1.2.1: The City will ensure, through its concurrency management system that potable water facilities shall be in place to serve new development or redevelopment no later than the issuance of a certificate of occupancy or its functional equivalent in compliance with level of service standards for transmission capacity of 92.05 gallons per capita per day (GPCD). (See Natural Resource Conservation Policy NR-2.1.5 and Capital Improvements Policy CI-1.2.3.) Policy PW-1.2.2: Pursuant to Chapter 163.3177(6)(c), F.S., the City adopted an updated Water Supply Facilities Work Plan (contained in Appendix PW-1 of the MCNP) for a 20-year planning period (2014-2033) that is consistent with the current Lower East Coast Water Supply Plan Update approved by the South Florida Water Management District (SRWMD) and the current adopted County Water Supply Facilities Work Plan. The City’s Work Plan and the County’s Work Plan are incorporated into the City’s Comprehensive Plan. The City’s work plan will be updated, at a minimum, every 5 years and within 18 months after the South Florida Water Management District’s approval of an updated Lower East Coast Regional Water Supply Plan. (See Natural Resource Conservation Policy NR-2.1.7.) Policy PW-1.2.3: The City will cooperate and participate to the fullest extent possible with Miami-Dade County to maintain procedures and programs to monitor levels of service of each water supply, water treatment and wastewater treatment facility for use by agencies that issue development orders or permits. Such procedures may include the establishment of water and wastewater allocation processes to assure that adequate water supply, and water and wastewater transmission and treatment

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capacity is available prior to issuance of development orders or permits pursuant to Chapter 163.3180(2)(a), F.S. Policy PW-1.2.4: The City will continue to coordinate through the Planners Technical Committee and Miami-Dade County to utilize, expand and pursue the development of new potable water wellfields and alternative water supplies to meet the City's existing and future water supply needs. Such coordination efforts will include the transmittal of information for large scale future land use changes, population and demand projections, water supply needs, implementation of alternative water supply projects, establishment of level of service standards, and servicing of newly annexed areas.

Policy PW-1.2.5: In the development of its future potable water supplies, the City shall, to the maximum extent feasible, utilize methods which preserve the integrity of the Biscayne Aquifer, protect the quality of surface water and related ecosystems, considered compatible with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan, and comply with that land use and environmental protection policies of the City MCNP, the Strategic Regional Policy Plan for South Florida, and the State Comprehensive Plan.

Objective PW-1.3: The City shall coordinate with the Miami-Dade County Water Supply Facilities Work Plan to identify and develop those water supply projects necessary to meet the City's projected water demands for a 20-year period.

Policy PW-1.3.1: The City's adopted Water Supply Facilities Work Plan Update (Work Plan), dated September 2015, is incorporated as follows in Appendix PW-1 of the MCNP. This document is designed to: assess current and projected potable water demands; evaluate the sources and capacities of available water supplies; and identify those water supply projects, using all available technologies, necessary to meet the City's water demands for a 20-year period. The Work Plan shall remain consistent with projects as listed in the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. The Work Plan will be updated, at a minimum, every 5 years and within 18 months after the South Florida Water Management District's approval of an updated Lower East Coast Regional Water Supply Plan. The Work Plan shall address climate change and sea level rise that may impact the potable water infrastructure and sources. The potable water supply facilities necessary to satisfy projected water demands for the City of Miami during the 2014-2033 period are shown in Appendix A of the Water Supply Facilities Work Plan (Appendix PW-1). Policy PW-1.3.2: The City shall be consistent with the current approved version of South Florida Water Management District's Lower East Coast Regional Water Supply Plan and the current adopted County's Water Supply Facilities Work Plan in developing and updating its 20-Year Work Plan. Policy PW-1.3.3: The City shall support Miami-Dade County efforts to consider areas that will be impacted by sea level rise when building, expanding or planning for new facilities such as water treatment plants,

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Policy PW-1.3.4: The City shall take all necessary steps to ensure that all future development shall comply with the landscape standards in Sections 18-A and 18-B of Miami-Dade County Code. (See related Policies NR-2.1.8 and NR-2.1.9)

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SOLID WASTE COLLECTION Goal SW-1: Ensure a clean, healthy urban environment through the proper maintenance, timely provision and efficient operation of an integrated solid waste disposal and ancillary solid waste collection system.

Objective SW-1.1: The City will continue to provide solid waste collection services to City residents and businesses in a manner that ensures public health and safety, and a clean urban environment.

Policy SW-1.1.1: The City will ensure, through its concurrency management system, that solid waste capacity shall be in place to serve new development and/or redevelopment no later than the issuance of a certificate of occupancy or its functional equivalent in compliance with a level of service standard of seven (7) lbs. per person per day, which is equivalent to 1.28 tons per person per year. Policy SW-1.1.2: Commercial structures and high density residential areas will continue to be served by either the City's Solid Waste Department or by private sector providers of solid waste collection services under the City’s Commercial Waste Hauling Franchise System. The City will require levels of service to be complied with by private haulers operating within the City's boundaries, and will enforce all City regulations regarding the disposal and collection of solid waste and recycling. Policy SW-1.1.3: The City shall maintain solid waste collection equipment as required to serve the public needs according to the service standard adopted in Policy SW-1.1.1. Policy SW-1.1.4: The City will take appropriate measures to ensure compliance with its "Garbage and Trash Other Solid Waste Ordinance," Chapter 22 of the Municipal Code. Policy SW-1.1.5: Land development regulations will be consistent with the provision of solid waste collection services in accordance with the adopted level of service. Policy SW-1.1.6: In the allocation of funds for the provision of solid waste and recycling services, first priority will be given to those improvements and programs that are necessary to protect the health, safety and the integrity of the environment, and meet federal, state and local legal and regulatory requirements. Second priority in the allocation of funds will be assigned to improvements that are necessary to meet existing deficiencies in capacity or service, or required to replace or repair needed equipment, while third priority will be assigned to those projects that increase the extent of services. Policy SW-1.1.7: The City shall, through enforcement of its powers to regulate solid waste collection services, require promoters of major public events to reimburse the

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City for extraordinary trash and garbage collection services required as a result of such events.

Objective SW-1.2: Although the City has no authority governing solid waste transfer and disposal, it will continue to support Miami-Dade County efforts intended to ensure that transfer stations and disposal sites are sufficient to meet the needs of City residents according to the service standards adopted in Policy 1.1.1.

Policy SW-1.2.1: The City's departments of Solid Waste and Planning, through the City's Intergovernmental Coordination Policies, shall request the Miami-Dade County Department of Solid Waste to jointly develop methodologies and procedures to biennially update estimates of system demand and capacity. Policy SW-1.2.2: The City shall support Miami-Dade County's policy to implement the County's Solid Waste Disposal and Resources Recovery Management Plan. Policy SW-1.2.3: The City will continue to explore the development of resource recovery and cogeneration activities and, subject to concurrence by Miami-Dade County, consider the implementation of programs and procedures that decentralize solid waste disposal and reduce the volume of solid waste that is disposed of at County landfills. Policy SW-1.2.4: The City will work with, and support, the County's efforts to identify generators of hazardous waste, and to develop and enforce procedures for the proper collection and disposal of hazardous waste. Its departments will support the County's program to enforce all non-household producers of hazardous waste in identifying waste and disposing of it according to EPA, State, and local standards. The City will support Miami-Dade County's development of a hazardous waste temporary storage and transfer facility in a non-populated area. In coordination with Miami-Dade County, the City will work to meet the Region's objective to reduce the incidence of improper hazardous materials and waste handling and disposal. (See Natural Resource Conservation Policy NR-1.1.8.) Policy SW-1.2.5: The City shall, through its Intergovernmental Coordination Policies, encourage the County to utilize "amnesty days" to encourage small volume, non-commercial producers of hazardous waste to safely dispose of such waste, and to develop a permanent system for households, small business and other low volume generators to safely dispose of hazardous wastes.

Objective SW-1.3: It shall be the City's policy that solid waste collection procedures shall be conducted in a manner that will reduce the quantity of litter, trash and abandoned personal property on city streets the public right-of-way.

Policy SW-1.3.1: The City will continue to actively support and implement regular neighborhood clean-up and beautification efforts through public awareness and information programs.

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Policy SW-1.3.2: The City shall, through enforcement of those provisions of the City Code that protect and enhance the appearance of neighborhoods, ensure that streets and yards remain clean and attractive aesthetically sound. Where the City Code falls short of the provisions necessary to accomplish this, revisions shall be proposed to the City Commission. Policy SW-1.3.3: The Solid Waste Department of Solid Waste should be encouraged to increase street sweeping frequencies shall continue to mitigate in order to reduce pollution to surface waters via storm water runoff and to reduce or eliminate litter in areas where significant problems may exist through continuous, effective day and night mechanized street sweeping. (See Sanitary and Storm Sewers Policy SS-2.2.2.)

Objective SW-1.4: Although the City has no authority governing solid waste transfer and disposal, it will continue to support and cooperate with Miami-Dade County efforts to encourage the recycling of solid waste materials and reduce the volume of waste set aside for collection and disposal.

Policy SW-1.4.1: The City shall, through its publicity programs and mechanisms, encourage the use of recyclable packaging materials and source reduction efforts. Policy SW-1.4.2: The City shall evaluate the development of reuse and/or recycling programs for used tires, waste oils and similar recyclable materials, as well as, vegetative materials, and make recommendations for applicable additions or amendments to City procedures governing the disposal of these materials. Policy SW-1.4.3: The City shall, through its publicity programs and mechanisms, encourage residents to reduce the volume of yard and tree trimmings set aside for disposal by promoting the use of composting, such as mulching, backyard composting, grasscycling, and food scrap composting.

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TRANSPORTATION Goal TR-1: Maintain an effective and cost efficient traffic circulation network within the City of Miami that provides transportation for all persons and facilitates commercial activity, and which is consistent with, and furthers, neighborhood plans, supports economic development, conserves energy, and protects and enhances the natural environment.

Objective TR-1.1: All arterial and collector roadways under County and State jurisdiction that lie within the City's boundaries will operate at levels of service established by the respective agency. All other City streets will operate at levels of service that are based upon the multi-modal capacity of the transportation system which recognizes the frequency of existing and programmed public transit service operating within an urban center and characterized by a mixture of compact development and moderate-to-high residential densities and land use intensities, along with single-family residential and mixed-use neighborhoods, located within a transportation concurrency exception area (TCEA). The City will monitor the levels of service of all arterial and collector roadways to continue to develop and enhance transportation strategies that promote public transit and minimize the impacts of the TCEA. See Appendix TR-1 of the MCNP, as amended (DATE) which contains the Transportation Element Data Inventory and Analysis (inclusive of the existing and future transportation map series) to address existing and projected levels of service for roadways, bicycle and pedestrian facilities.

Policy TR-1.1.1: The City hereby adopts designation of the City, excluding Virginia Key, Watson Island and the uninhabited islands of Biscayne Bay that have a land use and zoning classification of Conservation, as an Urban Infill Area pursuant to Miami-Dade County’s designation of an Urban Infill Area lying generally east of the Palmetto Expressway and including all of the City of Miami. Within this area, the concentration and intensification of development around centers of activity shall be emphasized with the goals of enhancing the livability of residential neighborhoods and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, the redevelopment of substandard sites, downtown revitalization and the development of projects that promote public transportation. Maintenance of transportation levels of service within this designated Urban Infill Transportation Concurrency Exception Area shall be in accordance with the adopted Transportation Corridors level of service standards and the City of Miami Person-Trip Methodology as set forth in Policies TR-1.1.2 and TR-1.1.3 of the Transportation Element of the MCNP. (See Land Use Policy LU-1.1.11.)

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Policy TR-1.1.2: The City of Miami originated and continues to utilize a person-trip methodology for measurement of local level of service (LOS) on a transportation facility, which may be a roadway, mass transit service, pedestrian way, bikeway, or any other transportation mode alone or in combination with others. The Miami Comprehensive Neighborhood Plan (adopted as Ordinance 10544 on February 9, 1989) established under Policies TR 1.1.2 and TR 1.1.3 that within designated Transportation Corridors, the capacity of all transportation modes will be used in the measurement of future, peak hour level of service standards. The City of Miami “Methodology for Calculating Peak Hour Person-Trip Capacity” was incorporated into the Transportation Element of the MCNP under Policies TR 1.1.2 and TR 1.1.3 on January 24, 1991 (adopted as Ordinance 10832), and was separately published as a report entitled “Transportation Corridors: Meeting the Challenge of Growth Management in Miami”, September 1990. The City of Miami Person-Trip Methodology calculates the total person-trip capacity of all transportation modes utilizing a transportation facility against the total person-trip demand for travel on that facility expressing the resulting ratio in letter grades LOS A through LOS F in the same manner as used by the conventional volume-over-capacity (V/C) methodology. The measurement of LOS is made for the peak period (the average of the two highest consecutive hours of trip volume during a weekday), where an overall minimum peak-period LOS standard of E (100 percent utilization of person-trip capacity) will be maintained. Issuance of development orders for new development or significant expansion of existing development shall be contingent upon compliance with these LOS standards, subject to the modifications described in subparagraphs 1.1.2.1 through 1.1.2.3 below, and any applicable provisions of the Urban Infill Transportation Concurrency Exception Area.

1.1.2.1: Where no public transit exists, and private passenger vehicles are the only vehicular mode available for travel on the facility: minimum LOS E (100 percent of capacity) shall apply.

1.1.2.2: Where local bus transit service on minimum 20-minute headways is available parallel to and within ½ mile of the facility, the facility shall operate at no greater than 120 percent of capacity.

1.1.2.3: Where express bus transit and/or premium transit service on minimum 20-minute headways is available parallel to and within ½ mile of the facility, the facility shall operate at no greater than 150 percent of capacity.

Policy TR-1.1.3: Notwithstanding the foregoing, as required by s. 163.3180(10) F.S., the following standards established by rule by the Florida Department of Transportation (FDOT) are adopted by the City of Miami as its minimum LOS standards for Florida Intrastate Highway System (FIHS) roadways within the City subject to any applicable provisions governing requirements of the Urban Infill Transportation Concurrency Exception Area (see Policy TR-1.1.1):

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1.1.3.1: Limited access FIHS highways shall operate at LOS D or better, except that where exclusive through lanes exist, such roadways may operate at LOS E. 1.1.3.2: Controlled access FIHS highways shall operate at LOS D or better, except that where such roadways are parallel to exclusive transit facilities or are located within a Transportation Concurrency Exception Area (TCEA), roadways may operate at LOS E. 1.1.3.3: Where FDOT has determined that a FIHS roadway is constrained or backlogged, such roadways operating below the foregoing minimums must be managed so as not to cause significant deterioration, which is defined as an average annual daily traffic increase in two-way traffic volume of 10 percent or more, or a 10 percent or greater reduction in operating speed for the peak direction in the 100th highest hour.

Policy TR-1.1.4: Within eighteen months of the adoption of this policy, the City will update the City of Miami Person-Trip Methodology to reinforce the Transportation Corridors plan to identify, describe, measure, and evaluate the multimodal transportation corridors, facilities and terminals in the City of Miami and recommend measures to enhance vehicular and mass transit operations, provide for greater pedestrian access and amenity, and offer incentives for use of alternative transportation modes to support the TCEA. The City of Miami Person-Trip Methodology will pay particular attention to the differing characteristics of Miami’s neighborhoods such as land use, population density, economic activity, housing, business type and quality, and neighborhood plans, and will develop detailed standards for transportation facilities and services that will complement neighborhood development, redevelopment, and conservation. Miami’s downtown will be the subject of special attention, to ensure that its new residential development will enjoy the benefits of an improved multimodal transportation system that will improve transit access within neighborhoods, while improving their connectivity system-wide as described in the Miami Downtown Transportation Master Plan, dated May 2003. As a component of this effort, the City will assess how the Person-Trip Methodology could be enhanced to identify projected transit needs and programming on a route-by-route basis in coordination with the MPO and Miami-Dade Transit. Policy TR-1.1.5: The City, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council (TPC), and through its Intergovernmental Coordination Policies, will support the County's efforts to increase the efficiency and enhance the safety of the existing thoroughfare network by such methods as improved signal timing, better intersection and street design, car pooling, and encouraging staggered work schedules. The City will continue to enforce the Transportation Control Measures Ordinance pursuant to Section 14-182 of the City Code, to improve the efficiency of the existing transportation infrastructure and to support the TCEA. Policy TR-1.1.6: The City, through its Intergovernmental Coordination Policies, will annually coordinate with Miami-Dade County on improving the efficiency of its public

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bus transit system, including new service and the expansion of neighborhood-based local circulator services to promote alternative travel modes within the TCEA. The City will work with Miami-Dade County to promote the transit oriented development policies found in the Miami-Dade County’s CDMP to support the TCEA and defined in Ch 163.3164 (46) FS. (2011/32) Policy TR-1.1.7: The City shall seek, where appropriate, based on operational analysis, cost effectiveness, land development regulations, and the concurrence of Miami-Dade County or FDOT, to restore existing one-way streets to two-way operation to improve access and reduce trip length and vehicular speeds, particularly in the very high density areas of the City such as Little Havana and Downtown/Brickell/Omni, where access to existing buildings and garages will not be diminished or impeded. Policy TR-1.1.8: Through enforcement, amendment, and interpretation of its land development regulations, the City shall require the provision of adequate vehicular parking facilities with energy efficiency lighting consistent with parking demand at locations that are not disruptive to nearby residential communities. Policy TR-1.1.9: Require new development in downtown to implement transportation control measure provisions in accordance with Section 14-182, “Transportation Control Measures” of the City Code, to promote a general reduction in vehicular traffic by increasing auto occupancy and transit ridership to support the TCEA. Within one year of the adoption of this policy, the City shall revise the “Transportation Control Measures” to include additional transportation demand management requirements for all future and existing developments (as applicable pursuant to Section 14-182), such as parking management and ridesharing programs to promote carpooling, vanpooling, car sharing and use of hybrid vehicles, transit discount and fare subsidy programs, transit fare tax incentive programs, staggered work schedules, flexible work hours, compressed work weeks, telecommuting programs, the construction of on-site transit shelters, transit amenities, transit stops, transit drop-off locations or pull-out bays, bicycle storage facilities and additional transportation demand management strategies and criteria established between the City and the business community. Policy TR-1.1.10: Within one year of the adoption of this policy, the City will publish an update map that will depict the location of existing and planned future major parking facilities that will be updated annually and will be available for public use through the City of Miami website. Printed Maps will also be available for the public at the City’s NET Offices. Policy TR-1.1.11: The City will continue to relocate and/or extend streets that do not fit the developed street grid system of downtown, and have contributed to the disruption of circulation. Policy TR-1.1.12: The City will, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, encourage Miami-Dade County to improve

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downtown connections to the expressway system by providing a means of access to and from I-95 at Northwest 20th Street, redesigning the existing I-395 to improve its capacity and aesthetics in Overtown, Park West and Omni, facilitate access to Overtown, and construct a truck tunnel connecting the seaport to I-395. Public forums shall be conducted to provide updates to residents on how such provisions will impact their daily commute. Policy TR-1.1.13: New development shall be required to contribute to established transportation impact mitigation fees pursuant to applicable provisions in the City Code to fund mobility in the TCEA. Policy TR-1.1.14: The City will, through its membership on the MPO’s Transportation Planning Council (TPC) continue to participate in Miami-Dade County's formulation of transportation policies, and will, through its Intergovernmental Coordination Policies, support the County's efforts to increase reliance on parking at outlying Metrorail stations and express bus stops to support the TCEA. Policy TR-1.1.15: Through enforcement of minimum and maximum on-site parking limitations, as provided for in Section 14-182 “Transportation Control Measures” of the City Code, the City will manage the downtown parking supply to maintain an appropriate balance among the need to promote economic growth, to facilitate local traffic circulation, and to encourage public transportation use to support the TCEA. Policy TR-1.1.16: Through enforcement of applicable provisions of Section 14-182 “Transportation Control Measures” of the City Code, regarding downtown parking requirements, together with the powers of the City's Off-Street Parking Authority Department, the City will actively pursue the development of public and private peripheral parking garages near the expressway and arterial entrances to downtown in order to reduce congestion in the core area and promote the use of alternative travel modes to support the TCEA. In addition, the City will continue to enforce the maximum parking provisions mandated in Section 14-182. Policy TR-1.1.17: The City of Miami will coordinate with South Florida Commuter Services and the Florida Department of Transportation to support and encourage City employee participation in alternative modes of transportation by offering Downtown employers and their employee’s alternatives to driving to work alone. The City will also work with the South Florida Commuter Services to ensure consistent implementation of the City’s Section 14-182 “Transportation Control Measures” and provide assistance to employers and businesses required to implement the measures. In addition, the City will utilize the South Florida Commuter Services to establish the transportation demand management (TDM) requirements for all future and existing employers with more than 50 employees in the City. The City of Miami will lead by example in developing TDM strategies for City employees to support the TCEA. Policy TR-1.1.18: The City will work with representatives of the Miami-Dade Transit Agency to increase the number of MDT bus routes operating within the City that participate in the Agency’s Bike and Ride Program to promote the use of alternative travel modes to support the TCEA.

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Policy TR-1.1.19: The City will promote multi-modal transportation initiatives and the recommendations of the adopted Miami Downtown Transportation Master Plan dated May 2003, to promote the use of alternative travel modes to support the TCEA. Policy TR-1.1.20: The City will utilize funds provided through the People’s Transportation Plan and funds collected from traffic impact mitigation fees as specified in the Capital Improvement Element of the MCNP, to fund mobility in the TCEA, and to fund the cost of studies, plans, programs and physical improvements to serve the residents, employees and visitors of the RAC.

Objective TR-1.2: At the time of all development reviews, the City will determine rights-of-way and corridors needed for existing transportation networks and ensure those rights-of-way will be designated and reserved prior to development.

Policy TR-1.2.1: The City will maintain and enforce, and where necessary revise, the minimum right-of-way requirements established in its City Code to ensure the continuity and effectiveness of the thoroughfare network. Policy TR-1.2.2: The City will continue to maintain a comprehensive public rights-of-way improvements program for those major commercial streets that are under the City’s jurisdiction and have high levels of pedestrian activity. Policy TR-1.2.3: If a property owner contributes right-of-way and expands a state transportation facility, and such construction or expansion improves traffic flow, capacity, or safety, such contribution may be applied as a credit against any future transportation concurrency requirement. Chapter 2007-196, Laws of Florida, and ss 339.282. (2007/10)

Objective TR-1.3: The City's transportation system will enhance safe person-trip and vehicular movements and minimize collision potential for all modes of transportation through design. Beginning January 1, 2004, the City will implement the prioritized Capital Improvements Program including sidewalk and curb replacements, and street resurfacing and reconstruction.

Policy TR-1.3.1: The City will continue to provide a properly designed and safe system for controlling vehicular traffic by adhering to design standards and procedures and recognizing those relevant standards and procedures applicable to the agency with jurisdiction over the roadway or transportation facility. Policy TR-1.3.2: The City, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, will annually coordinate with Miami-Dade County to support the monitoring of locations of high accident-frequency on the city's streets and its identification of design improvements that may alleviate hazardous

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conditions, especially to pedestrians. The City shall utilize safety as an evaluation criteria when improvements are incorporated into the City's Capital Improvement Element. Policy TR-1.3.3: The City will continue to provide a properly designed and safe system for pedestrian access by adhering to design standards and procedures which comply with the Americans with Disabilities Act of 1990 and which are required by the Engineering Standards for Design and Construction published by the Department of Public Works in December 2005 2010.

Objective TR-1.4: The City’s street network will be utilized to protect and enhance the character of the city's residential neighborhoods and neighborhood commercial centers through coordination with the Land Use Plan, Zoning Code, and adopted Neighborhood plans and recommendations. Proposed measures for neighborhood protection and enhancement will include neighborhood traffic management and traffic calming plans.

Policy TR-1.4.1: The City will seek cooperative agreements, as necessary, with Miami-Dade County and with FDOT to ensure that the County and State's transportation improvements are designed to minimize the intrusion of commuter traffic on City residential streets, do not sever or fragment well-defined neighborhoods, and do not result in major disruption to pedestrian traffic. Policy TR-1.4.2: The City will coordinate with Miami-Dade County and with FDOT to encourage local traffic to use alternatives to the Florida Intrastate Highway System roadways, where practicable, to support the TCEA and to protect its interregional and intrastate functions. Policy TR-1.4.3: The City will develop a streetscape design program???WHEN??? that will guide landscaping, lighting and construction of sidewalks and bicycle paths along city streets, and such improvements will be coordinated with major repairs and renovation of city streets. The streetscape design program will consider Inputs from residents and business owners during the design planning process. Policy TR-1.4.4: As streets undergo major repairs or renovation, the City will seek to eliminate dirt shoulders and provide curbing, gutters and sidewalks in order to improve the physical appearance and quality of the City’s neighborhoods and districts. The City through its NET Offices and Code enforcement efforts will also strive to fill visible trash holes and eliminate dumping sites within the City’s neighborhoods and districts. Policy TR-1.4.5: A new category of public thoroughfares is created entitled “Urban Streets,” defining the Urban Street as a pedestrian and vehicular way whose primary function is to serve adjoining residential neighborhoods and the businesses that serve them in the City of Miami. Characteristics and standards for such streets will be defined and specifications created on a case-by-case basis in cooperation with the governmental entity having ownership of the street, local residents and homeowner

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associations. Principles that will guide the design process will include, as appropriate: lower design speeds and control of traffic volumes utilizing traffic calming devices including but not limited to modification of lane widths consistent with lower design speeds; wide sidewalks; medians; roundabouts; landscaping; attractive lighting; creative and informative signage; on-street parking; and other design features and amenities as appropriate. Urban Streets shall be subject to the level of service standards described in Policies TR-1.1.2 and TR-1.1.3. The first such Urban Streets to be designated shall be:

Biscayne Boulevard Grand Avenue Calle Ocho from Brickell Avenue to S.W. 27 Avenue Coral Way from Brickell Avenue to S.W. 37 Avenue N.E. 2 Avenue from N.E. 36 Street to the North City Limit.

Additional streets may be designated from time to time by Resolution of the City Commission upon recommendation by the Planning and Zoning Department, based upon criteria developed in connection with the neighborhood planning studies conducted as part of the comprehensive update and revision of the Miami Comprehensive Neighborhood Plan in 2005. (Resolution No. 01-1126, adopted by the City Commission October 24, 2001).

Policy TR-1.4.6: Develop and encourage bicycle paths and bicycle lanes throughout the City of Miami in coordination with FDOT, Miami-Dade County and the MPO to promote alternative travel modes in the TCEA. Policy TR-1.4.7: The City of Miami shall continue to respond to neighborhood traffic concerns by developing and implementing neighborhood traffic calming measures using standard traffic flow modification procedures in place by Miami-Dade County and FDOT to evaluate traffic calming proposals. Neighborhood traffic calming measures may include but are not limited to traffic circles, median modifications, mid-block raised medians and streetscape improvements in coordination with Miami-Dade County and FDOT as appropriate City shall seek input from homeowners, registered civic associations and business on their desired location for such traffic calming devices and provide locations to Miami-Dade County for traffic study.

Objective TR-1.5: The City of Miami's continued development requires the provision of effective public transit and paratransit services that serve existing and future land uses, the provision of safe and convenient public transit passenger transfer terminal facilities, the appropriate coordination of public transit with existing and future land uses, and the accommodation of the special needs of the City of Miami's population, many of whom are transportation disadvantaged. Therefore, the City of Miami will support Miami-Dade County in the provision of these essential public transit services. (See Natural Resource Conservation Policy NR-3.2.2.)

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Policy TR-1.5.1: The City will, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, continually encourage Miami-Dade County to improve connections between transit modes using, but not limited to, local circulator transit services. Policy TR-1.5.2: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each existing and future premium transit station as such station sites are approved by Miami-Dade County or the City of Miami for development in order to determine whether appropriate land use and zoning changes should be implemented that foster the development and use of the stations while protecting adjacent neighborhoods from incompatible development (examining height, density and intensity, use and scale). Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. Policy TR-1.5.3: The City shall encourage the University of Miami/Jackson Memorial Hospital to participate in transportation management initiatives and strategies to assist in meeting the demands of the Health District/Civic Center expansion and helping to solve the consequent accessibility, traffic circulation and parking problems. The City shall encourage the Health District/Civic Center stakeholders and facility operators to work together to increase Metrorail ridership and utilization of the transit station to help decrease the need for excessive surface parking demand. Policy TR-1.5.4: The City will, through its Intergovernmental Coordination Policies, encourage Miami-Dade County to provide a premium transit station to serve the River Quadrant area of downtown. Policy TR-1.5.5: [Reserved]. The City will pursue mobility grant opportunities that help build partnerships between health care, transportation and other service providers to develop strategies that connect patients with public transportation options Policy TR-1.5.6: The City will, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, assist Miami-Dade County as necessary, in developing the premium transit projects identified in the MPO’s Long Range Transportation Plan. The City will utilize land development regulations to help direct development where it will support the densities required for premium transit systems. Policy TR-1.5.7: The City shall, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, request that Miami-Dade County include appropriate public transit systems in its Transportation Plan to connect the following: Bayside to Flagler Street, the seaport to Metromover, the Miami International Airport to Downtown, Southeast Bayshore Drive to Metromover, , Stadium to Health District/Civic Center, Miami Beach to Downtown and the FEC Corridor to Downtown.

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Policy TR-1.5.8: The City will ensure a stronger interface between the development or redevelopment of neighborhood activity centers and the public transportation system by establishing design guidelines for connectivity and transit infrastructure to be incorporated into the development/redevelopment program. The City shall require all new development and redevelopment in existing and planned transit corridors to be planned and designed to promote pedestrianism and transit usage through the following:

A. The City shall encourage development of a wide variety of residential and non-

residential land-uses and activities in nodes around rapid transit stations to produce short trips, minimize transfers, attract transit ridership, and promote transit operational and financial efficiencies. Land uses that may be approved around transit stations shall include housing, shopping, and offices in moderate to high density and intensity, complemented by compatible entertainment, cultural uses and human services in varying mixes. The particular uses that are approved in a given station area should respect the character of the nearby neighborhood, strive to serve the needs of the neighborhood, and promote balance in the range of existing and planned land uses along the subject transit line.

B. It is the policy of the City of Miami to accommodate new development around rapid

transit stations that is well designed, conducive to both pedestrian and transit use, and architecturally attractive. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings oriented to the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians.

C. On all arterial and collector streets served by public transit new non-residential

buildings and substantial alterations to existing non-residential buildings, and residential buildings wherever practical shall provide at least one full-time building entrance that is recognizable and accessible from the street and is comparably as close to the street and/or transit stop as it is to the primary parking lot.

D. New residential and non-residential developments, subdivisions and replats shall

provide for buildings that front the transit street, or provide streets or pedestrian connections that intersect with the transit street in close proximity to transit stops not more than 700 feet apart.

E. Redevelopment of property within one-half mile of existing and planned transit

stations and bus routes shall not cause an increase in walking distance from nearby areas to the transit services and shall, wherever practical, be done in a manner that reduces walking distances and is comfortable and attractive to pedestrians.

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F. Land uses that are not conducive to public transit ridership such as car dealerships, car-oriented food establishments, and container yards should not be permitted to locate or expand within ¼ mile of a rapid transit station.

G. The City of Miami seeks to increase the density of development within walking

distance of rapid transit stations in a manner appropriate to the particular setting of each transit station and consistent with the policies of the MCNP that specify that existing abutting residential neighborhoods are to be protected and preserved.

Policy TR-1.5.9A: The City will, through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies, encourage Miami-Dade County to approve the use of private jitneys where it is determined that there exists public need for such services and where conventional bus transit services do not satisfactorily meet the need. Policy TR-1.5.9B: The City will promote water borne transportation as a commuter transit service and through its membership and regular attendance at meetings of the MPO’s Transportation Planning Council and through its Intergovernmental Coordination Policies will encourage Miami-Dade County to approve the use of water borne transportation as a commuter transit service. Policy TR-1.5.10: Through application of the provisions of its land development regulations, the City shall encourage residential development near large employment centers in order to minimize Commutes within the City and near the large employment centers. The City shall continue to update the land development regulations, as necessary, to ensure the regulations promote residential development near large employment centers and investigate opportunities for mixed-use developments. Policy TR-1.5.11: Through enforcement of applicable provisions of Section 14-182 “Transportation Control Measures” of the City Code, the City will require new large-scale development to adopt and enforce measures that will reduce the generation of new single-occupant passenger car trips in areas of high-density development, and encourage the use of multiple-occupant vehicles, including public transit, for home-based work trips. The City will coordinate with the South Florida Commuter Services to provide support for transportation demand initiatives undertaken by new developments. Within one year of the adoption of this policy, the City shall modify Article 17 of the City Zoning Code to incorporate Transportation Control Measures into the Major Use Special Large Scale Land Development Permit application process. Policy TR-1.5.12: The City, through its Intergovernmental Coordination Policies, will continue to support Miami-Dade Transit in its efforts to increase transit ridership. The City will coordinate with Miami-Dade Transit to develop weekday peak hour transit ridership data to ensure that a baseline can be established to support the City’s

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person-trip methodology level of service measurements and to support Miami-Dade Transit’s efforts to improve transit services. Policy TR-1.5.13: The City shall annually coordinate with Miami-Dade County and its update of the Five Year Transit Development Program (TDP) to address transit needs consistent with the adopted level of service standard and transit planning guidelines, established by Miami-Dade County, and population growth trends within the City of Miami. Policy TR-1.5.14: The City will publish an annual listing of the updated MDT Transit Development programmed improvements within the City of Miami. Policy TR-1.5.15: The City will publish an annual listing of the updated Metropolitan Planning Organization (MPO) Long Range Transportation Plan (LRTP) improvements within the City of Miami.

Objective TR-1.6: The City shall through its Intergovernmental Coordination Policies, annually coordinate and communicate its transportation plans and its public transit planning for transportation disadvantaged people, with those of Miami-Dade County. The City will annually monitor programs sponsored by the State of Florida and seek opportunities for coordination with other local municipalities.

Policy TR-1.6.1: The City shall coordinate its transportation planning activities with the annual update to the Metropolitan Planning Organization and Florida Department of Transportation (FDOT) Five-Year Transportation Improvement Program and the Metropolitan Planning Organization's Long Range Transportation Plan Update.

Objective TR-1.7: The City shall, through its Intergovernmental Coordination Policies, annually meet with Miami-Dade County to coordinate the protection of existing and designation of future public transit corridors within Miami, to ensure that public transit expansion and improvement may be facilitated.

Policy TR-1.7.1: The City shall use its land development regulations to ensure that adequate public rights-of-way are preserved for transportation purposes, which includes the need for transit services. Policy TR-1.7.2: Within two years of the adoption of this policy, The City shall develop a transit corridor right-of-way map to use when evaluating new projects and their proximity to existing and future planned transit service.

Objective TR-1.8: The City shall regularly coordinate the transportation system and the information provided in the Transportation Element with the goals, objectives and policies of the Land Use element, including coordination with the land use, map, population densities, housing, employment patterns, projected development and redevelopment, urban infill, and other similar characteristics of land use that have an impact on transportation.

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Policy TR-1.8.1: The City shall continue to assure provision of a properly designed and safe system for controlling vehicular accessibility to major thoroughfares through adopted design standards and procedures as contained in the City Public Works Manual FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance for Streets and Highways as adopted for use in the review process, which at a minimum address:

1. Adequate storage and turning bays; 2. Spacing and design of median openings and curb cuts; 3. Provision of service roads along major thoroughfares, where applicable; 4. Driveway access and spacing; and 5. Traffic operations, including the provision of turning bays and bus bays

for bus transit.

Policy TR-1.8.2: The Transportation Element will be amended to reflect changes to the Land Use Element every five years, or as necessary, and will include updated information based upon changes to the land use map, population densities, housing, employment patterns, projected development and redevelopment, urban infill, and other similar characteristics of land use impacting the transportation system.

Policy TR-1.8.3: The Transportation Element updates provided as part of Evaluation and Appraisal Report (EAR) will utilize a long range planning horizon of a minimum of 20 years in order to achieve the maximum consistency with the Metropolitan Planning Organization (MPO) Long Range Transportation Plan (LRTP).

Objective TR-1.9: The City shall seek to achieve consistency and coordination with the Port of Miami, Port of Miami River and the Miami International Airport plans and the Miami Comprehensive Neighborhood Plan.

Policy TR-1.9.1: The City, through its Intergovernmental Coordination Policies, will annually coordinate with the Port of Miami, Port of Miami River and Miami International Airport to ensure consistency between the Miami Comprehensive Neighborhood Plan and the port and airport master plans, and to improve access to and compatibility with port and airport facilities.

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GOAL TR-1: MAINTAIN AN EFFECTIVE AND COST EFFICIENT CIRCULATION NETWORK THAT PROVIDES TRANSPORTATION FOR ALL PERSONS WHILE REDUCING BOTH THE DEPENDENCY ON AUTOMOBILES AND OVERALL ROADWAY CONGESTION

Objective 1.1: Encourage the development of an efficient transportation network that minimizes greenhouse gas emissions, vehicle miles traveled, and reduces the demand for parking.

Policy TR-1.1.1: The City will continue to actively pursue the development of public and private peripheral parking garages near the expressways and arterial entrances to downtown. Policy TR-1.1.2: The City will continue to support the County's efforts to increase reliance on parking at satellite park-and-ride lots such as outlying Metrorail stations and express bus stops to reduce vehicle miles traveled downtown and promote the use of alternative travel modes. Policy TR-1.1.3: The City shall encourage that all transportation projects use a context-sensitive approach to minimize impacts to neighborhoods by conserving energy resources, reducing greenhouse gas emissions, and limiting air pollution. Priority should be given to projects which support reductions in greenhouse gas emissions and roadway congestion. Policy TR-1.1.4: The City shall provide reduced, shared or alleviated parking requirements within the Land Development Code for developments located within a 1/4 mile of transit corridors or 1/2 mile from Metrorail stations. Specific measures to accommodate this policy include:

A. The number of parking spaces required for new development and

redevelopment within a 1/4 mile of transit corridors or 1/2 mile from Metrorail stations shall be reduced while limiting the maximum number of allowable parking spaces.

B. New surface parking lots are prohibited as a primary use within a 1/4 mile of transit corridors or 1/2 mile from Metrorail stations.

C. To reduce the parking burden for individual parcels, the City shall plan a

district‐wide parking solution in each Metrorail station and transit corridor, which may include public parking structures with hourly and daily fees, on‐street parking options, an option for new development to pay a fee in lieu of providing on‐site parking, provision for bicycle parking, emphasis on safety and security, and coordination with transportation control measures that incentivize less automobile use.

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Policy TR-1.1.5: The City will publish an updated map as needed depicting the location of existing and planned future major parking facilities (200 or more parking spots), which will also be available for public use through the City of Miami website. Map TR-3 illustrates the existing parking facilities (200 or more parking spots) within the City.

Policy TR-1.1.6: The City will manage the downtown parking supply through enforcement of minimum and maximum on-site parking limitations, as provided for in Section 14-182 “Transportation Control Measures” of the City Code, while balancing the need to promote economic growth, to facilitate local traffic circulation, and to encourage public transportation use. Policy TR-1.1.7: The City will develop a citywide transportation master plan that prioritizes projects based on the needs to improve mobility, reduce congestion, promote public transit, and support economic development.

Objective 1.2: Encourage sustainable growth and development that aims to improve mobility, reduce congestion, and supports the overall growth strategy of the City.

Policy TR-1.2.1: As an Urban Infill Area per Miami-Dade County, the City shall encourage the concentration and intensification of development around centers of activity with the goal of enhancing the livability of residential neighborhoods, supporting economic development, and the viability of commercial areas. Priority will be given to infill development on vacant parcels, adaptive reuse of underutilized land and structures, redevelopment of substandard sites, downtown revitalization, and development projects that promote public transportation.

Policy TR-1.2.2: The City shall provide sufficient multimodal transportation facilities and services to promote and accommodate the City’s growth strategy by linking centers of activity with effective transportation options, thereby improving accessibility. Policy TR-1.2.3: Through application of the provisions of its land development regulations, the City shall encourage residential development near large employment centers in order to minimize commutes within the City and investigate opportunities for mixed-use developments.

Policy TR-1.2.4: The City shall implement growth strategies that encourage infill and redevelopment in order to take advantage of the multimodal transportation options available, thereby reducing the dependency on automobiles for new developments. Policy TR-1.2.5: The City shall encourage new development to be structured to reinforce a pattern of neighborhoods and urban centers by focusing growth along transit corridors and around transit nodes and centers.

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Policy TR-1.2.6: The City shall design and promote transportation facilities that are consistent with adjacent land uses, preserve natural features, protect historic and cultural resources, and enhance community appearance and vibrancy. Policy TR-1.2.7: The City shall approve developments that minimize impacts to and help retain the City’s natural infrastructure and visual character derived from its unique location and climate, including topography, landscape, and coastline.

Objective 1.3: Address the impact of new developments on existing right-of-way and transportation infrastructure prior to approving new development to ensure sustainable growth patterns.

Policy TR-1.3.1: The City will maintain, enforce, and where necessary revise, the minimum right-of-way requirements established in its City Code to ensure the continuity and effectiveness of the thoroughfare network to support sustainable growth and economic development. Policy TR-1.3.2: The City will continue to maintain a comprehensive public rights-of-way improvements program to identify infrastructure needs especially along major commercial corridors and other areas within the City’s jurisdiction that have high levels of pedestrian activity. Policy TR-1.3.3: As part of the development approval process, the City will continue to require traffic impact studies and the implementation of transportation control measure for new developments. Policy TR-1.3.4: If a property owner contributes right-of-way and expands a state transportation facility, and such construction or expansion improves traffic flow, capacity, or safety, such contribution may be applied as a credit against any future transportation concurrency requirement. Chapter 2007-196, Laws of Florida, and ss 339.282. (2007/10)

Objective TR-1.4: Implement neighborhood traffic management and traffic calming programs to protect and enhance the character of the city's residential neighborhoods and neighborhood commercial centers through coordination with the Land Use Plan,

Miami 21 Zoning Code, and adopted Neighborhood plans and recommendations.

Policy TR-1.4.1: The City will seek cooperative agreements, as necessary, with Miami-Dade County and with the FDOT to ensure that the County and State's transportation improvements are designed to minimize the intrusion of commuter traffic on City residential streets, do not sever or fragment well-defined neighborhoods, and do not result in major disruption to pedestrian traffic.

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Policy TR-1.4.2: As streets undergo major repairs or renovation, the City will seek to eliminate dirt shoulders and provide curbing, gutters and sidewalks in order to improve the physical appearance and quality of the City’s neighborhoods and districts. Policy TR-1.4.3: As a part of an updated person-trip methodology, the City of Miami will be divided into areas known as Centers, Corridors, or Wedges based on the existing level of transit service and presence of bicycle facilities (See Map TR – 14.3). Areas outside of transit corridors that also do not feature bicycle facilities are identified as ‘Wedge’ areas. These wedge areas are predominately made up of residential, single-family neighborhoods that fall between corridors and centers areas. Roadways within wedge areas shall feature lower design speeds and traffic calming devices including, but not limited to, modification of lane widths consistent with lower design speeds, wide sidewalks, roundabouts, attractive landscaping, and other design features and amenities that improve safety and preserve neighborhood character. Policy TR-1.4.4: The City shall continue to respond to neighborhood traffic concerns by developing and implementing neighborhood traffic calming measures using standard traffic flow modification procedures in place by Miami-Dade County and FDOT to evaluate traffic calming proposals. Neighborhood traffic calming measures may include but are not limited to traffic circles, median modifications, mid-block raised medians, diagonal diverters, raised crosswalks, curb extensions, on-street parking, road closures, reduced lane widths, and streetscape improvements.

Policy TR-1.4.5: In an effort to better identify problems and select proper traffic calming solutions in residential neighborhoods to reduce traffic speeds and cut-through traffic, the City shall encourage and promote more citizen and stakeholder involvement to build support for neighborhood traffic calming plans.

Objective 1.5: Implement and monitor Transportation Control Measures in coordination with other public agencies and private developers to reduce the dependency on automobiles and roadway congestion.

Policy TR-1.5.1: The City will support the County's efforts to increase the efficiency and safety of the existing thoroughfare network by improving and coordinating signal timing, providing and promoting more transportation choices, and encouraging staggered work schedules. Policy TR-1.5.2: The City will require all new developments to implement transportation control measures in accordance with Section 14-182, “Transportation Control Measures” of the City Code, in an effort to promote a general reduction in vehicular traffic by increasing auto occupancy and transit ridership. These measures can include parking management and ridesharing programs to promote carpooling, vanpooling, car sharing and use of hybrid vehicles, transit discount and fare subsidy programs, transit fare tax incentive programs, car charging stations, flexible work hours, compressed work weeks, telecommuting programs, the construction of on-site

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transit shelters, transit amenities, transit stops, transit drop-off locations or pull-out bays, bicycle storage facilities, and park-and-ride lots. Policy TR-1.5.3: The City will utilize and coordinate with FDOT’s South Florida Commuter Services (SFCS) program to establish and implement transportation demand management strategies for all future and existing employers with more than 50 employees. The City will lead by example in developing transportation demand management strategies for City employees. Policy TR-1.5.4: The City shall continue to encourage large employers such as the University of Miami/Jackson Memorial Hospital, Health District/Civic Center stakeholders, and other local facility operators to participate in transportation management initiatives and strategies to help o increase transit ridership and decrease the demand for surface parking in an effort to improve accessibility, traffic circulation, and reduce parking problems. Policy TR-1.5.5: The City will require new large-scale developments to adopt and enforce measures that will reduce the generation of new single-occupant passenger car trips in areas of high-density development, and encourage the use of high-occupant vehicles, including public transit, for home-based work trips pursuant to Section 14-182 of the City Code.

Objective 1.6: All arterial and collector roadways within the City's boundaries will operate at the acceptable levels of service (LOS) established by the agency responsible for maintenance.

Policy TR-1.6.1: Within its jurisdiction, the City has adopted FDOT’s minimum LOS standards for Florida Intrastate Highway System (FIHS) roadways, which state:

Policy1.6.1.1: Limited access FIHS highways shall operate at LOS D or better. Roadways with exclusive through lanes may operate at LOS E.

Policy 1.6.1.2: Controlled access FIHS highways shall operate at LOS E or better.

Policy 1.6.1.3: Where FDOT has determined that a FIHS roadway is constrained or backlogged, such roadways operating below the foregoing minimums must be managed so as not to cause significant deterioration, which is defined as an average annual daily traffic increase in two-way traffic volume of 10 percent or more, or a 10 percent or greater reduction in operating speed for the peak direction in the 100th highest hour.

Policy TR-1.6.2: The City shall continue to monitor these LOS (as illustrated in Map TR-8) to ensure that all roadways within the City do not deteriorate by recommending and implementing the transportation control measures pursuant to Section 14-82 of the City Code.

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Objective 1.7: Utilize the person-trip methodology when evaluating new development’s impact on the local roadway level of service.

Policy TR-1.7.1: The City’s updated Person-Trip LOS will be implemented based on the newly identified context of Centers, Corridors, and Wedges (as depicted on Map TR-14.3), where:

Centers are defined as areas within a 1/4 mile of frequent transit service (roadway segments with cumulative transit headways of 10 minutes or less) and provide bicycle facilities, which are mostly in the downtown/central business district area of the City.

Corridors (also known as transit corridors) are defined as areas that feature frequent transit service but do not provide bicycle facilities.

Wedges are defined as areas that do not feature frequent transit service or bicycle facilities, which tend to be characterized as single-family residential neighborhoods (T3 zones based on Miami 21 Zoning Code).

Policy TR-1.7.2: The City shall encourage the expansion of the bicycle network city-wide with a focused emphasis on areas within transit corridors in an effort to expand the areas identified as centers. Policy TR-1.7.3: The City shall utilize a tiered LOS analysis when reviewing traffic impacts for new developments whereby the Person-Trip LOS methodology will only be applied within areas identified as a Center while the traditional automobile LOS methodology will be applied to areas within corridor or wedge areas. Both methodologies are then expressed as a ratio corresponding to letter grades LOS A through LOS F based on the volume-to-capacity ratio in the same manner as used by the traditional LOS methodology. Both the Person-Trip LOS and traditional automobile LOS may, at the discretion of the City, require the analysis of traffic impacts during periods traditionally defined as non-peak. Policy TR-1.7.4: When calculating person-trip volumes, the Person-Trip LOS shall use existing roadway average annual daily traffic (AADT), an assumed automobile occupancy rate of 1.4 people per automobile, a combined trip reduction rate of fourteen percent (based on the assumed pedestrian and bicycle mode split, applying seven percent for each mode), and existing transit ridership. When calculating the person-trip capacities, the Person-Trip LOS shall use existing roadway capacity data and existing transit capacity data. (See the data inventory and analysis chapter of the Transportation Element for a more detailed description of the Person-Trip LOS methodology and the volume-to-capacity formula). Policy TR-1.7.5: Issuance of development orders for new development or significant expansion of existing development shall be contingent upon compliance with the LOS standards below:

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Policy 1.7.5.1: Within wedge areas: minimum LOS E (100 percent of capacity) shall apply. Policy 1.7.5.2: Within transit corridors: roadway facilities shall operate at no greater than 120 percent of capacity. Policy 1.7.5.3: Within centers: roadway facilities shall operate at no greater than 150 percent of capacity.

Policy TR-1.7.6: The City shall continue to monitor and periodically update the Person-Trip Methodology and designation of transit corridors (as illustrated in Map TR-14.2) as needed based on improvements or changes to existing transit services and bicycle facilities to better identify, describe, measure, and evaluate the multimodal transportation corridors, facilities and terminals. Future updates will also consider changes in existing and future land use, population density, economic activity, housing, business type and quality, and neighborhood plans. As a component of this effort, the City will assess how the Person-Trip Methodology could be enhanced to identify projected transit needs and programming on a route-by-route basis in coordination with the MPO and Miami-Dade County.

GOAL TR-2: PROVIDE A BALANCED, ACCESSIBLE, SAFE, AND SUSTAINABLE MULTI-MODAL TRANSPORTATION SYSTEM LINKING HIGHWAYS, TRANSIT, GREENWAYS, BIKEWAYS, AND SIDEWALKS INTO A SEAMLESS NETWORK

Objective 2.1: Integrate the existing and planned multi-modal transportation system with existing and future developments.

Policy TR-2.1.1: The City shall regularly coordinate information provided in the Transportation Element with the goals, objectives and policies of the Land Use element, including coordination with the land use maps, population densities, housing, employment patterns, projected development and redevelopment, urban infill, and other similar characteristics of land use that have an impact on transportation. Policy TR-2.1.2: The City will assist Miami-Dade County in developing the premium transit projects identified in the MPO’s Long Range Transportation Plan (LRTP) within the City limits. The City will utilize land development regulations and other incentives to help direct development where it will best support existing and planned transit services. Policy TR-2.1.3: The City will encourage increased density of development within walking distance of transit corridors and Metrorail stations and will ensure a strong interface between the (re)development and the public transportation system.

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Policy TR-2.1.4: The City shall respect the character of existing neighborhoods when establishing design guidelines for connectivity and transit infrastructure that are incorporated into future development/redevelopment programs. Policy TR-2.1.5: The City shall encourage Miami-Dade Transit to prioritize its transit facility and service improvements along identified transit corridors and adjacent to Metrorail stations. Policy TR-2.1.6: The Transportation Element updates provided as part of Evaluation and Appraisal Report (EAR) will utilize a long range planning horizon of a minimum of 20 years in order to achieve the maximum consistency with the MPO’s LRTP.

Objective 2.2: Promote and encourage a balanced multimodal transportation system that provides a variety of connected transportation options to improve mobility and accessibility for residents and visitors of all ages.

Policy TR-2.2.1: The City shall continue to foster the development of bicycle and pedestrian friendly neighborhoods and commercial centers that enhance the environment, improve public health, and overall quality of life. Policy TR-2.2.2: The City shall, wherever feasible, use its land development

regulations to designate space in the public right‐of‐way to accommodate alternative travel modes, including transit, pedestrians, bicycles, and shared transportation options consistent with the Miami-Dade County Complete Streets Manual. Policy TR-2.2.3: The City shall continue to support the trolley system (as illustrated in Map TR-5.2) that provides feeder services and first-mile/last-mile connections to regional, premium transit options such as Metrorail and Tri-Rail. Policy TR-2.2.4: The City shall seek to improve mobility by funding the cost of studies, plans, programs, and physical improvements identified in its Capital Improvement plans utilizing funds provided through the People’s Transportation Plan, the Mass Transit Trust Fund, and other funds collected with the sole purpose of improving the transportation network. Policy TR-2.2.5: The City shall seek to establish a mobility impact fee that will be collected to fund the cost of transportation system improvements including expansion of the Miami Trolley, complete streets improvements, enhanced bicycle and pedestrian facilities, water taxi services, Light Rail/Streetcar plans, and other transportation improvements identified in future plans. Policy TR-2.2.6: The City will encourage Miami-Dade County to support cooperation with private transportation network providers (i.e. Uber, Lyft, etc.) in the enhanced delivery of public transportation services.

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Policy TR-2.2.7: The City shall support Miami-Dade County’s plans for the provision of water taxi services along Biscayne Bay. Policy TR-2.2.8: The City shall regularly monitor transportation trends on an annual basis using indicators such as transit ridership, jobs/housing balance, mode split, and motor vehicle registrations. Policy TR-2.2.9: The City shall consider the income, age, ability, and vehicle ownership patterns of populations throughout the city when developing transportation systems and facilities improvements so that all residents, especially those most in need, have access to a wide range of affordable travel options. Policy TR-2.2.10: The City shall continue to seek funding opportunities to implement the planned Light Rail that connects downtown to Midtown and support the regional effort for connections to the City of Miami Beach. The alignment for this Beach Connection service is illustrated in Map TR-23. Policy TR-2.2.11: The City shall coordinate with Miami-Dade County to implement resiliency policies to mitigate and protect vulnerable roadways (illustrated in Map TR-15) and critical evacuation routes (illustrated in Map TR-11) within the City.

Objective 2.3: Continue to support, promote, and implement Complete Streets improvements along City roadways consistent with adjacent land use and context.

Policy TR-2.3.1: The City will develop a balanced streetscape design program that accommodates all roadway users and pays special attention to non-vehicular modes by focusing on landscaping treatments, pedestrian-scaled lighting, and the construction of sidewalks and bicycle paths along city streets. These improvements will be coordinated with major repairs, roadway resurfacing, and other renovations when possible. Policy TR-2.3.2: The City shall prioritize the implementation of Complete Streets improvements for roadways that lead to transit nodes or are within transit corridors to improve roadway safety, reduce conflicts among transportation modes, and to better connect surrounding developments and neighborhoods. These improvements shall be implemented with all appropriate phases of roadway projects and shall include enhanced transit infrastructure and amenities, bicycle and pedestrian facilities, landscaping, streetscaping, and traffic calming.

Objective 2.4: The City will seek opportunities to improve access to transit and improve regional mobility by coordinating with other local transportation plans and initiatives.

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Policy TR-2.4.1: The City shall coordinate with Miami-Dade County’s SMART Plan, which specifically aims to provide premium transit service along roadways in the City including Biscayne Boulevard and West Flagler Street. Policy TR-2.4.2: The City shall regularly coordinate with Miami-Dade County, FDOT, and other public agencies to improve regional mobility by ensuring that future improvements to the transportation network are consistent with the South Florida Regional Transportation Authority’s (SFRTA), the Port of Miami’s, Miami River’s and the Miami International Airport’s long range master plans. Policy TR-2.4.3: The City shall improve transportation connections to urban centers from all neighborhoods, particularly by providing a variety of affordable travel options (pedestrian, transit, and bicycle facilities) and by being attentive to the needs of vulnerable and historically marginalized populations. Policy TR-2.4.4: The City shall improve connections to transit by prioritizing sidewalk and bicycle infrastructure investments adjacent to transit routes, bus stops, and transit stations that also improve safety and comfort for transit users. These infrastructure investments should include, but are not limited to, bike racks, exclusive bike lanes, street furnishings, street trees, enhanced crosswalks, pedestrian-scaled lighting, and wayfinding signage. Policy TR-2.4.5: The City shall continue to coordinate with SFRTA, FDOT, Miami-Dade County, and other local agencies to support and develop plans to implement the FEC Coastal Link Commuter Rail. Policy TR-2.4.6: The City shall coordinate its transportation planning activities with the annual update to the MPO’s Five-Year Transportation Improvement Program (TIP) and their LRTP update. Policy TR-2.4.7: The City shall require all new (re)development in existing and planned transit corridors to be well designed and conducive to pedestrian and transit use. In recognition that many transit riders begin and end their trips as pedestrians, pedestrian accommodations shall be made that include, as appropriate, continuous sidewalks to the transit station, small blocks and closely intersecting streets, buildings that front the street or other pedestrian paths, parking lots predominantly to the rear and sides of buildings, primary building entrances as close to the street or transit stop as to the parking lot, shade trees, awnings and other weather protection for pedestrians. Policy TR-2.4.8: The City shall continue to coordinate with Miami-Dade County to promote public transit and shared transportation services by educating and informing the public of these services via app-based technologies, informative websites, and other means of communication to increase transit ridership.

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Policy TR-2.4.9: The City will publish an annual list compiling the programmed transit-related improvements from MDT’s TDP and the MPO’s LRTP and TIP that are within the City and will include this information on the City’s website.

Objective 2.5: Develop and expand the public transit system within the City as part of its multi-modal transportation network to improve transit’s efficiency, reliability, and overall level of service.

Policy TR-2.5.1: The City shall continue to coordinate with Miami-Dade County to improve the east-west transit services within the City to alleviate traffic congestion. Policy TR-2.5.2: The City shall support provisions for transit passenger amenities that enhance convenience such as real-time bus arrival information, shelters, clear route signage, adequate pedestrian-scaled lighting, and pre-boarding fare payment systems. These improvements will be prioritized within transit corridors and near Metrorail stations.

Policy TR-2.5.3: The City shall require that transit facilities, such as turn‐out bays, transit priority signals, high‐occupancy vehicle lanes, bus‐only lanes, and transit shelter locations, be included in roadway design proposals, as appropriate, especially for proposals within transit corridors or in close to proximity to Metrorail stations. Policy TR-2.5.4: The City shall continue to coordinate with Miami-Dade County to address the transit needs consistent with transit planning guidelines while considering population growth trends within the City.

Objective 2.6: Design, promote, and maintain an efficient and interconnected roadway system that accommodates pedestrians, bicyclists, and transit users as part of its multi-modal transportation network.

Policy TR-2.6.1: The City will encourage Miami-Dade County and FDOT to include improved connections between all modes of transportation, with emphasis on connections to non-motorized modes, as they are implementing transportation enhancements within City boundaries. Policy TR-2.6.2: The City, in coordination with FDOT, Miami-Dade County and the MPO, will continue to develop and encourage more bicycle paths, bicycle lanes, and sharrows throughout the City to expand the bicycle network and connect any gaps while promoting alternative travel modes. The City shall also promote the implementation of enhanced bicycle amenities such as bicycle racks and lockers that help to encourage more bicycle use. Map TR-6 illustrates the existing bicycle facilities in the City.

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Policy TR-2.6.3: The City shall in coordination with Miami-Dade Transit and FDOT develop, prioritize, and implement sidewalk and bicycle infrastructure improvements that are adjacent to transit routes/corridors and transit stations in order to improve connectivity between transit and other non-motorized modes of transportation while promoting the use of alternative travel modes.

Objective 2.7: Encourage transit-supportive development patterns that promote walkable, mixed use neighborhoods that help to increase transit ridership, reduce

automobile trips, and provide increased mobility for all people.

Policy TR-2.7.1: The City shall preclude land uses within 1/2 mile of a transit corridors and Metrorail stations that are not conducive to public transit ridership such as car dealerships, car-oriented food establishments, and container yards. Conversely, the City shall support the development and design of a transit system that helps shape the desired land use patterns. Policy TR-2.7.2: The City shall regularly coordinate with Miami-Dade County to improve the efficiency of its public transit system by supporting transit-oriented development policies and promoting the use of alternative travel modes within the City. Policy TR-2.7.3: The City shall conduct appropriate land use and zoning analysis of the areas surrounding each transit station area and transit corridor in order to determine whether appropriate land use and zoning changes should be implemented that foster transit-oriented development (as defined by Section 163.3164 of the Florida Statutes) while protecting the adjacent neighborhoods from incompatible development. Such land use and zoning changes shall include minimum and maximum density and intensity standards at the time of implementation. The City shall consider the height, density, intensity, use and scale of new developments when determining the compatibility with existing neighborhoods. Policy TR-2.7.4: The City shall require site and building design for new developments within a half mile of a Metrorail station or transit corridor to be coordinated with public transit, bicycle, and pedestrian systems. Requirements may include, but not be limited to, pedestrian crossings, access to transit stations, access to transit vehicles, transit vehicle access to buildings, transfer centers, shelters, sidewalks, dedicated bicycle lanes and shared-use paths, and bicycle racks. Policy TR-2.7.5: The City shall continue to support Miami 21 zoning regulations that control the mix, type, density and design of activity centers and growth corridors that promote and facilitate walking, bicycling and the use of public transportation.

Objective 2.8: Enhance safety and minimize conflicts between all modes of transportation through engineering, education, and enforcement best practices.

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Policy TR-2.8.1: The City shall promote the multi-modal transportation initiatives and recommendations from the adopted Miami Downtown Transportation Master Plan that aim to rebalance downtown roadways toward transit, pedestrians, and cyclists as well as enhancing safety and walkability by:

Create a clear pedestrian path – provide a minimum of six feet of unobstructed pedestrian paths on all sidewalks

Align curb ramps with sidewalks – provide perpendicular curb ramps at all intersections

Require crosswalks at all four corners of all intersections

Provide automatic countdown timers with more crossing time at all traffic controlled intersections with a minimum of one second of crossing time for every 2.8 feet of street width

Reduce drive lane widths – no more than 10 feet for driving lanes widths, 12 feet for turning lane widths, and no more than 12 feet for sharrow lane widths (In downtown areas)

Extend the sidewalk (bulbouts) where feasible at all street intersections with curb radii not exceeding 15 feet

Enhance mid-block lighting

Provide continuous shade tree canopy on all sidewalk with widths of 10 feet or greater. Sidewalks with widths of 10 feet or less, require adjacent buildings to have canopies, overhangs, or other architectural devices that provide shade

Designate a 25mph speed limit for all downtown streets

Prohibit right turns on red at all intersections in downtown

Policy TR-2.8.2: The City shall continue to support and/or fund studies to restore existing one-way streets to two-way operation to improve access and reduce trip length and vehicular speeds. Policy TR-2.8.3: Through coordination with Miami-Dade County, the City will continue to support the monitoring of “high crash” locations on city streets and identify design improvements that may alleviate hazardous conditions, especially to pedestrians and bicyclists. The City shall utilize safety as an evaluation criterion when improvements are prioritized and incorporated into the City's Capital Improvement Element. Policy TR-2.8.4: The City will continue to provide a properly designed and safe system for pedestrian access by adhering to design standards and procedures which comply with the Americans with Disabilities Act of 1990. Policy TR-2.8.5: The City shall continue to provide a properly designed and safe system for controlling vehicular accessibility to major thoroughfares by adhering to the

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adopted design standards and procedures applicable to the agency with jurisdiction over the roadway facility, which at a minimum addresses:

Adequate storage and turning bays;

Spacing and design of median openings and curb cuts;

Provision of service roads along major thoroughfares, where applicable;

Driveway access and spacing; and

Traffic operations, including the provision of turning bays and bus bays for bus transit.

Policy TR-2.8.6: The City shall ensure that blocks are easily walkable to maximize pedestrian and bicycle access to the transit station areas and beyond.

Policy TR-2.8.7: The City shall, where appropriate, designate primary and secondary streets so that most buildings are oriented to primary streets to create superior pedestrian environments while service functions such as parking and loading can be accommodated along secondary streets.

Objective 2.9: Provide a safe and effective bikeway/sidewalk/greenway network that advances healthy lifestyles, improves quality of life, better links origins and destinations, and provides alternative mode choices to automobile trips.

Policy TR-2.9.1: The City shall continue to support the implementation of the Underline and other ‘green corridors’, which aim to improve the local bicycle network with enhanced amenities that encourage a more active, healthy lifestyle and the use of alternative modes of transportation. Policy TR-2.9.2: The City shall continue to support the implementation of the Riverwalk and Baywalk initiatives, whose goal is to improve access to Biscayne Bay and the Miami River, by coordinating with the development community to obtain easements along the Miami River and Biscayne Bay to connect any gaps in the Riverwalk and Baywalk alignments. Policy TR-2.9.3: The City shall encourage the MPO to develop a comprehensive active transportation plan for Miami that integrates bicycle, pedestrian, and greenway components by conducting a network gap analysis and developing a list of prioritized projects based on objective criteria. These criteria should include road classification; proximity to transit stops and park-and-ride lots; proximity to schools, parks, or other public facilities; proximity to activity centers and transit corridors; consideration of high-crash locations; potential to connect gaps in existing sidewalk, greenway, and other non-motorized transportation network.

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Policy TR-2.9.4: The City shall require that sidewalks and other essential non-motorized amenities and facilities be included in development plans prior to receiving approval from the City. Policy TR-2.9.5: The City shall prioritize enhancements of pedestrian and bicycle circulation, access, and safety in the downtown, near activity centers, along transit corridors, near schools, libraries, and parks. Policy TR-2.9.6: Based on recommendations from Miami 21, the City shall coordinate with Miami-Dade County and FDOT to design the City’s thoroughfares strategically to disperse and reduce the length of automobile trips and to encourage walking and bicycling. Policy TR-2.9.7: The City shall encourage the provision of bicycle support facilities, such as secured bicycle racks, personal lockers and showers for new and existing office developments and employment centers to encourage bicycling as an alternative mode for work commutes.

Objective 2.10: Integrate innovative technologies to improve the transportation network.

Policy TR-2.10.1: The City shall explore the possibility of establishing a city-operated transportation control center to manage City transportation and transit operations. Policy TR-2.10.2: Through the use and integration of cell phone and app-based technologies and in coordination with other public and private agencies, the City shall seek to provide real-time travel information to roadway users regarding City services such as parking availability, trolley arrival information, traffic congestion updates, and other transportation related information. The City will aim to build on the individual efforts of universities, the commercial shared-ride sector, commercial data aggregators to generate improved real-time information for public consumption. Policy TR-2.10.3: The City shall, in coordination with Miami-Dade County and FDOT, leverage technology to provide user-friendly trip planning services that include all transportation modes. Policy TR-2.10.4: The City shall, in coordination with Miami-Dade County and FDOT, promote and share all existing transportation-related data, sources, and tools to the public in an effort to create an open and user-friendly data repository that could be used for analysis and future private or public technology development that aims to improve the efficiency of the transportation network. Policy TR-2.10.5: The City shall encourage the use and proliferation of electric vehicle recharge stations in parking garages, surface parking lots, and strategic on-street parking locations.

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Policy TR-2.10.6: The City shall seek opportunities to further the implementation of automated and connected vehicle communications technology for City fleet vehicles and personal automobiles to address congestion and safety issues. Policy TR-2.10.7: In coordination with Miami-Dade County, FDOT, and other public agencies, the City shall facilitate the development and maintenance of real-time traffic and traveler data that helps monitor the overall transportation system and evaluate its performance. This information should be made available to the public and should be delivered to users in a familiar way that promotes data sharing, thus benefiting the wider community.

Objective 2.11: Regularly update necessary data to improve the transportation network’s mobility, safety, and accessibility.

Policy TR-2.11.1: The City shall, in coordination with Miami-Dade County and FDOT, collect relevant data necessary for better estimating vehicle occupancy rates pursuant to the person-trip methodology. Policy TR-2.11.2: The City shall, in coordination with Miami-Dade County and FDOT, periodically collect bicycle and pedestrian count data throughout the City to better understand the use and demand of the non-motorized transportation network and to develop and implement improvement projects based on needs. Policy TR-2.11.3: The City shall, in coordination with Miami-Dade County and FDOT, identify any transit service adjustments and improvements to the bicycle network as to maintain an updated understanding of the existing transit corridors for the interpretation and implementation of the person-trip LOS methodology.

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PORTS, AVIATION AND RELATED FACILITIES

Port of Miami Goal PA-1: Ensure that the development and expansion of Miami-Dade County's Port of Miami is compatible with and furthers the physical development of Miami's greater downtown area while mitigating negative impacts to neighborhoods, yet protecting the Port’s economic function, operation, and potential improvements.

Objective PA-1.1: The City of Miami, through its land development regulations, shall coordinate land use in areas of the city adjacent to the Port of Miami with the transportation related activity which occurs within the port to ensure compatibility and complementary land uses and activities while mitigating negative impacts to neighborhoods, yet protecting the Port’s economic function, operation, and potential improvements.

Policy PA-1.1.1: The City of Miami shall, through its land development regulations, encourage facility improvement which will further both the land development, coastal management and conservation goals and objectives of the City of Miami and the port development goals of Miami-Dade County and the Port of Miami. Policy PA-1.1.2: The City shall, through its land development regulations, encourage the availability of an adequate amount of commercial and industrial land to complement planned expansions of port activity, and will establish a "free trade zone" within adequate proximity to the Port of Miami.

Policy PA-1.1.3: All surface transportation improvements providing access to the Port must be compatible with the needs, goals and objectives of the City of Miami as related to the development of the greater downtown area, and such improvements will be financed with an appropriate share of County, state and federal funds. Policy PA-1.1.4The Port shall prepare guidelines that will serve as design criteria for the construction, renovation and landscaping of its facilities and such guidelines must comply with all City of Miami Code requirements. Policy PA-1.1.5: The City shall, through its land development regulations, cooperate with Miami-Dade County and its Port of Miami operation to mitigate adverse structural and non-structural impacts from the Port of Miami upon adjacent natural resources and land uses. Policy PA-1.1.6: The City shall, through its land development regulations, cooperate with Miami-Dade County and its Port of Miami operation to protect and conserve natural resources.

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Miami International Airport Goal PA-2: Ensure that the development and expansion of Miami-Dade County's Miami International Airport is compatible with and furthers the physical development of the City of Miami.

Objective PA-2.1: The City of Miami, through its land development regulations, shall coordinate land use in areas of the city adjacent to Miami International Airport with the transportation related activity which occurs within that facility to ensure compatible and complimentary land uses and activities. Through such land development regulations, the City will mitigate negative impacts to neighborhoods that might result from airport activities, while protecting the airport’s economic function, operation, and potential improvements. (See LU-1.1.16) (2009/4)

Policy PA-2.1.1: The City of Miami shall, through its land development regulations, encourage facility improvement which will further both the land development, coastal management and conservation goals and objectives of the City of Miami and the development goals of Miami-Dade County and Miami International Airport. Policy PA-2.1.2: All surface transportation improvements providing access to Miami International Airport and impacting upon transportation within the City of Miami must be compatible with the needs, goals and objectives of the City and such improvements will be financed with the appropriate share of County, state and federal funds. Policy PA-2.1.3: The City shall, through its land development regulations, ensure that zoning within the city protects existing aviation flight paths.

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Port of Miami River1 Sub-Element Goal PA-3: The Port of Miami River shall be encouraged to continue operation as a valued and economically viable component of the City’s maritime industrial base.

Objective PA-3.1: (PLANNING AND ZONING). The City shall protect the Port of Miami River from encroachment by non water-dependent or non water-related land uses, and shall regulate the Port of Miami River’s expansion and redevelopment in coordination with applicable future land use and coastal management goals, objectives, policies (See Policy LU-1.3.3 and Goal CM-3).

Policy PA-3.1.1: The City shall maintain a Working Waterfront Table of Properties to guide future development within the Miami River Corridor. The Table shall clearly depict the location and description of all properties of recreational and commercial working waterfront uses on the River, as defined in Ch. 342.07 F.S. (hereinafter referenced as the “Working Waterfront”). The Table shall classify working waterfront properties into Categories “A” and “B”. The Table shall be incorporated as supporting data and analysis within Appendix PA-1. Policy PA-3.1.2 Category A: The City may adopt a comprehensive plan future land use map (FLUM) amendment for properties designated “Industrial” on the FLUM, along the Miami River only if the proposed amendment complies with this sub-element. The future land use designation for any of the properties identified “Industrial” therein may be amended only through the large-scale comprehensive plan amendment process. Applications for such amendments shall demonstrate that either of the following conditions exists:

1. The Development – redevelopment as industrial is not economically feasible based on a market and site analysis using a professionally acceptable methodology that has been peer reviewed; or

2. The Proposal includes an equivalent transfer or expansion of industrially

designated property offsite to another location on the Miami River within the City of Miami.

Policy PA-3.1.3 Category B: All Category “B” properties shall maintain a working waterfront use. Additionally, the City shall require that any residential development with a density greater than duplex residential or any mixed use development include Working Waterfront use component per Ch. 342.07, F.S. or other amenities that is accessible to the public which promotes the enjoyment of the Miami River unless prohibited by the Miami-Dade County Department of Environmental Resource

1 The “Port of Miami River” is a shallow draft riverine port consisting of independent, privately-owned small shipping companies, fisheries, vessel repair facilities marinas and other Recreational and Commercial Working Waterfront uses, as defined in Ch. 342.07, F.S., located along the banks of the Miami River and its tributaries and canals where Working Waterfront uses are located. The Port of Miami River is not a deepwater port as defined in Ch. 403.021(9), F.S. The Port of Miami River extends from the salinity dam in unincorporated Miami-Dade County to Biscayne Bay in the City of Miami, as identified in Appendix PA-1.

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Management Department of Regulatory and Economic Resources, Environmental

Resources Management Division (DERMDRER). Policy PA-3.1.4: The City shall encourage the establishment and maintenance of Working Waterfront uses along the banks of the Miami River, and to discourage encroachment by incompatible uses.

Policy PA-3.1.5: The City shall encourage the development and expansion of the Port of Miami River Working Waterfront consistent with the future land use, coastal management and conservation elements of the City’s comprehensive plan. Policy PA-3.1.6: The City shall encourage only those developments, rezoning, and land use amendments in the vicinity of the Working Waterfront lands designated “Industrial” on the adopted future land use map that are compatible and suitable with the existing “Industrial” use of property. Policy PA-3.1.7: The City shall, through its land development regulations, adopt and enforce appropriate setbacks and buffering requirements for Non-Working Waterfront properties along the Miami River in order to protect the existing Working Waterfront use from encroachment of incompatible and unsuitable uses. Policy PA-3.1.8: There shall be no net loss of recreational wet-slips along the Miami River. Policy PA-3.1.9: The City shall require from new residential development and redevelopment located along the Miami River a recorded covenant acknowledging and accepting the presence of the existing Working Waterfront 24-hour operations as permitted. Policy PA-3.1.10: In its commitment to support the Port of Miami River, the City of Miami shall continue its support of the dredging of the River.

Policy PA-3.1.11: The City of Miami shall facilitate and expedite municipal permitting for water-dependent, water-related, commercial, industrial and recreational working waterfronts along the Miami River by expediting the application process for such uses.

Objective PA-3.2: (TRANSPORTATION). The City shall encourage with appropriate agencies the coordination of surface transportation access to the Port of Miami River Working Waterfront with the traffic and mass transit system shown on the traffic circulation map series.

Policy PA-3.2.1: The City shall through the Transportation Element of the comprehensive plan, encourage the coordination of the intermodal surface and water transportation access service to the Port of Miami River Working Waterfront (See Objective TR-1.9, Policy TR-1.9.1).

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Objective PA-3.3: (ECONOMIC DEVELOPMENT & COORDINATION). The City shall coordinate its Port of Miami River Working Waterfront planning activities with the multiple regulators and stakeholders who have an interest in the Miami River.

Policy PA-3.3.1: Give the Miami River’s multi jurisdictional and regulatory nature, the City shall coordinate with:

1. The United States Army Corp of Engineers regarding the dredging,

navigation, and commerce on the Miami River; and 2. The United States Coast Guard regarding security and safety on the

Miami river; and 3. The Miami-Dade County Planning Department to evaluate the

interdependence and effectiveness of the County’s Port of Miami River sub-element in its comprehensive plan with that of that of the City’s; and

4. The Miami-Dade County’s Department of Environmental Resource Management and the Manatee Protection Plan Committee regarding the protection of manatees and establishment of new wet and dry marine slips on or near the Miami River; and

5. The Miami-Dade County Property Appraiser to ensure that all Port of Miami River Working Waterfront properties are assessed by the “current use” pursuant to Section 4, Article VII of the Florida constitution and S.193.704, Fla. Stat.

Policy PA-3.3.2: The City shall remain an active member of the Miami River Commission, as established by Ch.163.06, F.S. and shall continue to request and consider from the Miami River Commission written recommendations related to policy, planning, development and other River issues within the scope established by the Florida Legislature. Policy PA-3.3.3: Within 18 months of adoption of this policy, the City shall consider approving a joint planning agreement with the Miami River Commission and Miami-Dade County to revise and adopt the “Miami River Corridor Urban Infill Plan” as the strategic plan for the Miami River. Policy PA-3.3.4: Within three years of the adoption of this policy, the City along with Miami River stakeholders, property owners and businesses shall consider submitting an application to the Florida Department of Community Affairs, Waterfronts Florida Partnership Program, for assistance in protecting and promoting the Miami River traditional Working Waterfront. Policy PA-3.3.5: The City shall coordinate with Miami River stakeholders, property owners and businesses to prepare reasonable Working Waterfront code compliance and enforcement policies to eliminate unsafe, abandoned, and blighted conditions along the river banks.

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Policy PA-3.3.6: The City of Miami shall provide technical assistance to Working Waterfront businesses along the Miami River. Policy PA-3.3.7: The City shall work to improve the economic vitality of the Miami River in cooperation with other concerned public and governmental agencies and organizations. (See Miami-Dade County’s Comprehensive Development Master Plan, Port of Miami River Sub-element Policy PMR-1C) Policy PA-3.3.8: The City will work with property owners along the Miami River to secure Enterprise Zone tax incentives to businesses for creation of jobs and revitalization. Such incentives consist of the following and are based on availability:

Enterprise Zone Incentives 1. Jobs Tax Credit 2. Business Equipment Sales Tax Refund 3. Building Materials Sales Tax Refund 4. Property Tax Credit 5. Community Contribution Tax Credit Program

Policy PA-3.3.9: The City will continue to use Brownfield redevelopment Area strategies to stimulate economic revitalization to Working Waterfronts. Such incentives consist of the following and are based on availability: a. Financial Incentives

i. 35% Voluntary Cleanup Tax Credits ii. $2500 Brownfields Bonus Refund iii. Low-interest loans iv. Sales Tax Credit on Building Materials v. Up to 5 years of State Loan Guarantees of Loan Loss Reserves vi. Site-Specific Activities Grant, and

National Brownfields Assessment, Revolving Loan Fund, Cleanup Grants, and HUD Brownfield Economic Development Loans

b. Regulatory Benefits i. Risk Based Corrective Action ii. Cleanup Liability Protection iii. Review of Voluntary Cleanup Projects at FDEP Conducted Separately

From Enforcement Mandated Cleanups by Responsible Parties iv. Expedited Review and Response to Technical Reports and

Correspondence v. CERCLA Site Clearance Issued by EPA, and vi. Lender Liability Protection to the extend allowed by applicable laws

Policy PA-3.3.10: The City will continue to use the City's Enterprise Zone, Empowerment Zone, Commercial Business Corridors, and Brownfield Redevelopment Area strategies to stimulate economic revitalization, and encourage employment opportunities within the Port of Miami River. (Policy LU-1.3.7.).

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Policy PA-3.3.11: The City will foster or develop and implement job training, vocational, and educational programs to assist the City’s existing and future residents, and water dependent and water related businesses along the Miami River, in achieving economic self-sufficiency, and will continue to work with appropriate State and County agencies to direct training programs and other technical assistance to support minority and semi-skilled residents of the City including, without limitation, their involvement in recreational and commercial working waterfronts along the Miami River as defined by Ch.342.07, F.S. (Policy LU-1.3.8.) Policy PA-3.3.12: The City, through its Intergovernmental Coordination Policies, shall support and coordinate with other governmental agencies having jurisdiction over the River to support and enhance the Miami River’s economic importance and viability. The functions of the Miami River shall be consistent with the future goals and objectives of the City’s Comprehensive Plan, particularly with respect to the unique characteristics of the Miami River's location and its economic position and functioning within the local maritime industry.

Objective PA-3.4: (MONITORING & EFFECTIVENESS). The City shall monitor and track the effectiveness of its goals, objectives, and policies designated to preserve and promote the Port of Miami River as a valued and economically viable component of the City’s maritime industrial base.

Policy PA-3.4.1: City staff shall prepare, or cause to be prepared, an annual report on the status of the Planning and Zoning, Economic Development and Coordination, and Transportation Objectives and Policies contained in this Sub-element, which shall be presented to the City Commission at a dully noticed public hearing. Policy PA-3.4.2: City staff shall prepare, or cause to be prepared, an annual report on the loss or gain of recreational and commercial Working Waterfront lands and uses, which shall be presented to the City Commission at a dully noticed public hearing.

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PARKS, RECREATION AND OPEN SPACE

Goal PR-1: Provide sufficient opportunities for active and passive recreation to all City residents based on access to parks, recreation and open space, per capita park funding, and regular surveys of residents on park and recreation needs.

Objective PR-1.1: The City shall work to achieve a medium-term objective of providing a park within a ten minute walk of every resident.

Policy PR-1.1.1: The City will establish a new hierarchy for the City park system to reflect Miami’s urban condition, as described in the Miami Parks and Public Spaces Master Plan dated May 2007 and adopted by the City Commission. The hierarchy will have the following elements:

Regional Parks – A park typically greater than 30 acres in size with a variety of park landscapes, facilities and programs for city residents, regional visitors, and tourists, or any park serving as a tourist destination of historical, cultural or architectural significance.2

Citywide parks: o Destination parks – four types: conservation, waterfront one acre

or more, sports complex and aquatic, specialty (unique programs) o Community parks - parks not less than one-half acre that include

active recreation facilities o Linear parks – greenways and trails

Neighborhood parks – all remaining parks under one acre that do not fit in other categories

Policy PR-1.1.2: The City will focus on park land acquisition according to the following four equal priorities that emerged from community preferences during the 2007 Parks Master Plan process: land with water views and/or water access; land for “walk-to” parks, including neighborhood parks, in underserved areas of the City identified in Citywide and NET-area maps in the 2007 Parks Master Plan and any subsequent updates to these maps; land to expand destination and community parks; land for expansion or creation of linear park segments. Information on target priorities and target areas for new parks will be disseminated to all relevant City departments to enhance the potential for parkland acquisition in conjunction with infrastructure and other projects. Ideally, new parks should be at least one-half acre in size, but smaller areas may be suitable, depending on the surroundings and proposed uses. Policy PR-1.1.3: The City will provide areas for safe, passive use in all parks, including those in active recreational use parks. The passive areas will include usable green space with plantings, shade and seating.

1.1.3.1: The City, through its land development regulations, will designate a zoning category for parks separate from Civic Space. That category will permit a variety of areas for passive and/or greater intensity of recreational use opportunities in parks and open spaces.

2 Source: Recreation and Park Department Management Information System Division – data dictionary as of 6/21/04. City of San Francisco, California.

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Policy PR-1.1.4: The City of Miami’s Level of Service for Parks, Recreation and Open Space is to provide a municipally-owned park within a ten-minute barrier-free walk to park entrances by 72% of the city’s population as measured by GIS pedestrian network analysis. A ten-minute walk will be defined as a one-half mile, barrier-free distance on a safe pedestrian route. Barrier-free means a continuous walk on a sidewalk or designated pedestrian route that may include crossing streets but does not encounter barriers such as walls or highway embankments that impede passage. Safe pedestrian routes include those that may include crossing of streets with speed limits of up to 40 mph.

Every three years, the City will develop and update a map that shows which residential areas fall within the ten-minute walk buffer for City-owned parks, and which do not. This map will then be overlaid on a population map showing the most current U.S. Census population data available in order to calculate if at least 72% of the city’s population lives within the ten-minute walk buffer.

1.1.4.1: Every three years, when the City updates the Parks and Recreation Level of Service Map for parks owned by the City of Miami, the City will also perform a study based on the national model established by the Trust for Public Land ParkScore™ system. The study will include the following: 1) creation and updating of a GIS layer that includes all park and recreation land open to the public in the City of Miami, including linear parks, whether or not the land is owned by the City; 2) creation of maps that show a ten-minute barrier-free walk for all parks (regardless of ownership and including linear parks), and similarly, for parks of at least ½ acre in size and parks of at least 1 acre in size; 3) identification of median park size (regardless of ownership); 4) identification of the percentage of all city acres that are parks (regardless of ownership); 4) the number of playgrounds per 10,000 residents; and 5) the total spending (both operational and capital) on parks and recreation per resident over the preceding three fiscal years. The purpose of this study is to provide the City with analysis to support decision-making on acquisition of park land and on park and recreation services, as well as to compare the city’s park resources with other cities.

Policy PR-1.1.5: The City will review and enact provisions and create a plan to remedy deficiencies for residents who do not have access to a park within a ten minute, barrier-free walk, including financing for acquisition to remedy deficiencies.

Policy PR-1.1.6: The City of Miami will work towards providing a park of approximately one acre or more within a ten-minute, barrier-free walk to park entrances for 66% of the city’s population. Policy PR-1.1.7: For Destination Parks, the City will consisder the establishment of public safety facilities, including, but not limited to Police, Fire-Rescue, and NET Service facilities to ensure adequate response to neighborhood concerns.

Objective PR-1.2: Provide sufficient per capita funds for the parks system to support the parks, recreation and open space standards expected by the public, as indicated in surveys and other responses to public outreach, for resources and programs that benefit the community. The City will strive to meet and exceed a benchmark level annual of spending, for operations and capital improvements combined, of $100 per capita in 2007 dollars, within fiscal limits and based on identified needs.

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Policy PR-1.2.1: The City will establish the cost of providing park and recreation programs and services, identify which core park and recreation services are to be offered according to criteria related to level of benefits to individuals and the community as a whole, identify which services and programs should be free, and formulate how a fee structure should be set for other services and programs. Policy PR-1.2.2: The City will develop annual parks and recreation budgets that explain the rationale behind the program, operational and maintenance standards that the City intends to meet; the costs of meeting those standards; and the per capita budget in comparison with similar cities, including cities in Florida. Policy PR-1.2.3: The City will allocate program revenues generated by the Parks and Recreation Department to the department’s budget. Policy PR-1.2.4: The City will work to identify and create a dedicated funding source for the park system. Policy PR-1.2.5: The City will seek grants and other funding for new resources, including land, activities, and programs. Some of these funds may come from nonprofit partnership groups that may be formed, such as a potential Miami Parks Foundation.

Objective PR-1.3: Pursue expanded and new opportunities identified in the 2007 Parks Master Plan (and any subsequent updates) to share park, recreation and open space resources with the school district, the housing authority, churches, nonprofit organizations, transportation agencies and other groups that may be able to share land and programs with the City Parks and Recreation Department.

Policy PR-1.3.1: The City, through its NET Offices and Parks Department,will establish communication with and liaisons to agencies and groups that have existing and potential recreation and open space resources in order to pursue access to these resources by City residents. Policy PR-1.3.2: The City will evaluate current costs, benefits and procedures for sharing resources and programming and will develop policies and procedures that will maximize benefits for City residents.

Objective PR-1.4: Expand existing and create new greenways and trails to meet resident needs.

Policy PR-1.4.1: The City will continue to work with transit agencies to coordinate the park system and pedestrian connections with opportunities to improve and expand the Metro-Path Trail. Policy PR-1.4.2: The City will continue to work with transportation agencies to implement the Commodore Trail improvements and the Flagler Trail (FEC Corridor Greenway). Policy PR-1.4.3: The City will continue to work to implement the Overtown Greenway plan to link the Miami River through Overtown to Downtown. Policy PR-1.4.4: The City will work with Miami-Dade County and other groups to ensure that greenway, trail and park systems within the City are effectively linked to

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proposed regional trails such as the Venetian Connector, the Unity Trail, the Perimeter Trail, the Ludlum Trail, and the East-West Trail. The City will continue to advocate for funding of trails identified in the Miami-Dade Metropolitan Planning Organization 2030 Long-Range Transportation Plan. Policy PR-1.4.5: The City will designate as scenic transportation corridors those segments of roadways that have significant vegetative features, and will encourage the development of bicycle and pedestrian paths along such corridors, where appropriate. Future land development regulations will encourage the provision of sufficient land areas for uses that are compatible with and encourage the flow of bicycle and pedestrian traffic along these corridors. Policy PR-1.4.6: Sensitivity and priority shall be given to safe routes to schools for children.

Objective PR-1.5: Ensure that future development and redevelopment pay an equitable, proportionalte share of the cost of public open space and recreational facilities required to maintain adopted LOS standards.

Policy PR-1.5.1: The City's land development regulations will establish mechanisms to meet expanded demand for Citywide parks, neighborhood parks, and recreational programs resulting from new residential development, including, but not limited to, impact fees, Zoning Ordinance intensity bonuses and contributions in lieu of land that will be used to provide new park and recreation resources to serve new development. The City will review these fees annually in accordance with recreation and open space needs and revise them as necessary to reflect increases in the cost of providing public open space and recreational facilities to meet its adopted Level of Service for parks, recreation and open space.

Policy PR-1.5.2: The City will continue to work with developers of mixed use and nonresidential projects to ensure the creation of appropriate public spaces. Policy PR-1.5.3: The City will consider the use of special assessment districts to help fund open space and recreational facilities projects whose public benefits tend to be localized to specific geographic sub areas of the City.

Goal PR-2: Preserve and enhance existing parks and recreation facilities.

Objective PR-2.1: Protect existing park land.

Policy PR-2.1.1: The City has a no-net-loss policy for public park land and will adopt procedures to this effect for park land in the City Zoning Ordinances, as described in the 2007 Parks and Public Spaces Master Plan. These will allow only recreation and cultural facilities to be built on park land, will limit building footprint on any such land, will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location. Policy PR-2.1.2: The City will continue to define and protect conservation areas in the zoning code, as well as other parks and recreation areas. Policy PR-2.1.3: The City will amend the zoning code to limit the amount of total building footprints and impervious parking area surfaces in parks of one (1) acre or

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more to no more than 25% of the park land area. Buildings and parking surfaces will continue to be limited to recreational and cultural uses and accessory elements that serve park and recreation goals. Any request to expand this percentage will require a special permit (warrant) and public hearings with residents within a half-mile area surrounding the park.

Objective PR-2.2: Maintain and enhance existing parks and recreation facilities.

Policy PR-2.2.1: The City will provide appropriate staffing, services, equipment, and maintenance at all parks. Criteria for appropriateness will include park category (Citywide or neighborhood), recreation programs, demand for passive and active spaces and activities, sizes, and facilities. Policy PR-2.2.2: The City will maintain and staff as many public swimming pools to be open all year round as possible given funding constraints and will strive to identify new funding sources to expand access to year-round swimming. Policy PR-2.2.3: The City, through the Parks and Recreation Department, will continue to develop and implement maintenance level of service standards, identify associated costs, and address funding those costs, including replacement programs for equipment and vehicles, before adding more assignments. Policy PR-2.2.4: The Parks and Recreation Department will maintain and regularly update the Inventory and Evaluation of City-Owned Parks that was prepared for the 2007 Parks and Public Spaces Master Plan. Policy PR-2.2.5: The City will consisder the establishment of public safety facilities, including, but not limited to Police, Fire-Rescue, and NET Service facilities with appropriate staffing, services, equipment and maintenance to ensure adequate response to neighborhood concerns.

Goal PR-3: Increase public access to all parks, recreation, facilities and open spaces including waterfront areas and the Picnic Islands in Biscayne Bay.

Objective PR-3.1: Enhance public access by pedestrians and bicyclists to parks and recreation sites

Policy PR-3.1.1: The City will continue to implement sidewalk and shade tree planting programs along public roadways that connect to parks and other community destinations. The improvements will be targeted to pedestrian routes that provide a 10 minute walk to a park to the greatest number of persons. Tree planting programs will be implemented in accordance with the 2007 City of Miami Tree Master Plan. Policy PR-3.1.2: The City through the Parks and Recreation Department will work with neighborhood groups to identify the ten-minute pedestrian routes within a half-mile radius of parks that are appropriate for improvements to sidewalks, lighting, street trees, crosswalks and pedestrian count-down signals, and signage, as described in the 2007 Parks and Public Spaces Plan. Policy PR-3.1.3: Bicycle parking facilities such as bike racks shall be provided in existing and future park projects.

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Objective PR-3.2: Enhance the public’s visual and physical access to waterfront areas.

Policy PR-3.2.1: The City will continue to work to complete the Baywalk, encompassing as much of the Biscayne Bay waterfront as possible, and to complete the Riverwalk and the Miami River Greenway. Policy PR-3.2.2: All City-owned waterfront property, including the Miami River shorelines, will provide for public open spaces that provide access to the shoreline.

3.2.2.1: The City will continue to promote creation of pocket parks at waterfront locations, such as “PlayStreets” created on dead-end streets, in order to enhance public access to waterfronts.

Policy PR-3.2.3: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations. (See Coastal Management Policy CM-2.1.7.) Policy PR-3.2.4: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land development regulations will require non-water dependent or related development and/or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Coastal Management Policy CM-2.1.1.) Policy PR-3.2.5: The City will continue to expand launch areas for personal kayaks/canoes, kayak/canoe rentals and other boating programs at parks on Biscayne Bay, the Miami River and the South Fork of the Miami River. Policy PR-3.2.6: The City will pursue creation of water shuttles or water taxis that will expand public access to the Picnic Islands in Biscayne Bay off the Upper Eastside and the Dinner Key islands off Coconut Grove. Policy PR-3.2.7: The City will work with other organizations and agencies to identify public recreational opportunities, including boating, on the smaller waterways in the City, such as Wagner Creek, the Little River, and the canals. Policy PR-3.2.8: All renovations and improvements to City parks and recreational facilities will be designed to enhance rather than obstruct waterfront views. Policy PR-3.2.9: The City will increase public recreational opportunities on Virginia Key through implementation of the Virginia Key Master Plan and will introduce land use designations and/or zoning, as appropriate, to permit use of previously disturbed land areas on Virginia Key for amenities and uses that support passive and active park recreation at suitable locations on Virginia Key. Policy PR-3.2.10: The City shall continue to ensure that park and recreational lands open to the public are included in redevelopment projects for Watson Island and will monitor the project after construction to ensure continued public access without any requirements for the public to make purchases or any other barriers to open public use. Policy PR-3.2.11: As specified in the City of Miami Charter and Related Laws, and more specifically the Waterfront Charter Amendment, all new development and

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redevelopment along the downtown waterfront is required to provide a waterfront setback, and those developments that require publicly accessible shoreline walkways, will design them in conformance with the "Baywalk/Riverwalk Design Standards." (See Coastal Management Policy CM-2.1.8.) The City will monitor these areas to ensure continued public access, as required. Policy PR-3.2.12: The City, through its NET Offices, will promote events and public awareness to its waterfront areas.

Objective PR-3.3: Park and recreational facilities will be accessible to handicapped persons and provide opportunities for special needs groups.

Policy PR-3.3.1: All renovations, expansions, and development of park and recreation facilities will be designed in accordance with the Americans with Disabilities Act requirements, including handicapped parking spaces, ramps, handrails, pathways and other accessibility improvements to be appropriately located with respect to recreational facilities. Policy PR-3.3.2: Designs for renovations, expansions, and developments of park and recreation facilities will be evaluated to ensure that there are sufficient facilities within the service area to provide for the recreation, education, and safety needs of preschool age children, the elderly, persons with disabilities and other special needs groups.

Goal PR-4: Enhance the quality of recreational and educational opportunities for all age groups, persons with disabilities, and other special needs groups.

Objective PR-4.1: Continue to improve the quality and diversity of recreational programs offered at destination and community parks, and neighborhood parks where such programs may be offered.

Policy PR-4.1.1: The City will use participant evaluation surveys, at the completion of recreational programs to evaluate program success, online public opinion surveys at least once every three years, and scientific surveys at least once every seven years to identify needed and desired programs. Policy PR-4.1.2: The City will increase staff and hours of operation where necessary and fiscally feasible, provide professional development opportunities for park and recreation staff, and encourage staff to be certified by the Florida Recreation and Parks Association. Policy PR-4.1.3: The City will continue to provide interpretive displays, educational programs, wildlife observation locations, and picnic areas in parks and open spaces for outdoor recreation activities. Policy PR-4.1.4: The City will continue to coordinate with nonprofit providers of social services to the elderly, youth, and other special needs groups, so as to permit such providers to use public park facilities for meeting the recreational and educational needs of these groups. Policy PR-4.1.5: The City, through its NET Offices, will serve as a resource for information regarding recreational and educational opportunities for all age groups, persons with disabilities, and other special needs groups.

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Goal PR-5: Improve management and operations in the park and recreation system.

Objective PR-5.1: Increase the efficiency of park operations, while improving the quality of recreation services and strengthening the financial support of the parks and recreation service system.

Policy PR-5.1.1: The vision and mission of the Parks and Recreation Department will be revised to include the protection of green spaces and natural areas in addition to the existing focus on recreational and cultural activities. Policy PR-5.1.2: The City's operating budget and the Capital Improvements Element (CIE) will give priority to the quality of programs in, and the physical condition of, existing park facilities and to meeting existing deficiencies, before constructing new facilities for parks and recreation. This policy does not preclude the use of impact fees or other funds to purchase additional land to be held in inventory for new parks in underserved neighborhoods.

Policy PR-5.1.3: A projection and analysis of operational and maintenance costs associated with all park and recreation related capital projects which exceed $50,000, with their anticipated funding sources, will be required and made publicly available prior to the decision to appropriate public funds for capital improvements. Policy PR-5.1.4: The City will continue to implement innovative management and maintenance alternatives designed to minimize operating and maintenance costs while not reducing the extent and quality of programs or adversely affecting the physical condition of park facilities. This will be done through establishment of core services according to level of benefit to the community, identifying costs and potential revenues, improving management accountability, establishing preventive maintenance and replacement programs, establishing formal policies and systems for working with groups that sponsor programs that use City facilities, and strengthening support services. Policy PR-5.1.5: The City will continue to assign staff time to develop and manage a network of volunteer “friends” groups for individual parks. Policy PR-5.1.6: The City will continue to develop and implement public/private partnerships to contribute to the maintenance and enhancement of parks, recreational facilities, and public spaces, while ensuring that public spaces remain freely open to the public. Policy PR-5.1.7: The City will encourage creation of a Citywide Miami Parks Foundation by non-governmental groups and individuals to serve as a nonprofit partner to focus attention on the park system, raise money to help support maintenance, enhance and expand parks and recreational programs, attract volunteers, and broaden the constituency for the park system.

Objective PR-5.2: Create institutions and procedures to ensure resident and community consultation in the development of system wide policies and planning for park and recreation program improvements.

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Policy PR-5.2.1: The City will continue to work with a permanent Parks and Recreation Advisory Board made up of residents who are park users, program participants, and representatives of groups with special relevant expertise. The Board’s responsibilities will include advising elected officials and staff on implementation of the 2007 Parks and Public Spaces Master Plan and any adopted subsequent updates to that Plan. The Board will be supported by staff from the Parks and Recreation Department, and will report annually to the Mayor and City Commission on progress in implementing the Master Plan, including financial reports, holding at least one public hearing on the draft report before submitting it to the Mayor and Commission. The Board will also review and advise on capital plans and designs based on the Master Plan and advise the Commission on any proposals to expend more than $50,000 to acquire new park land, to diminish or convert existing park land, to accept donated land for parks, or to sell City land that may be suitable for parks. The City will periodically review and refine the mission and charge of the Parks and Recreation Advisory Board in order to ensure maximum opportunities for public involvement and effectiveness in addressing parks and recreation needs. Proposed changes to the mission and charge of the Board will not be implemented until after a public hearing by the appropriate public board. Policy PR-5.2.2: The City, through its NET Offices, will survey City residents to monitor preferences, needs and satisfaction with the park system on a regular basis, at a minimum through evaluations of all programs by program participants to evaluate program success, online surveys every three years, and scientific surveys every ten years (starting from the Parks Master Plan survey of 2006). Policy PR-5.2.3: The City will develop regular procedures to provide opportunities for park user and neighborhood consultation in the planning and design of park and recreation facilities improvements and new parks and programs. The City’s NET Offices will serve as a resource partner to “ensure resident and community consultation”. Policy PR-5.2.4: The City will develop a full update on the Parks and Public Spaces Master Plan at least once every ten years, to coincide with a scientific survey of residents’ park and recreation needs. Policy PR-5.2.5: The Parks and Recreation annual Capital Improvement Plan will be provided to the Parks and Recreation Advisory Board for their review and comment. The Board may request presentations on park projects, on a project by project basis, and have 60 days to review and provide comments and recommendations.

Objective PR-5.3: Continue to increase public safety and security within City parks. Policy PR-5.3.1: The City will continue to equip all parks with adequate energy efficient night lighting as parks are updated with improvements and will continue to use remote computer scheduling of lighting in order to advance energy efficiency in the park system. Policy PR-5.3.2: Citywide and neighborhood parks will increase their hours of operation and enhance their programs, whenever feasible, so as to encourage a greater public presence in the parks.

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Policy PR-5.3.3: The City's Police Department will continue to work with neighborhood residents to create and support community crime watch groups to assist in park safety and crime prevention. The Parks Department with the NET Offices will also participate in crime watch meetings to seek input from the community on safety and programming needs. Policy PR-5.3.4: The City will continue regular, uniformed police patrols and presence in and around Citywide and neighborhood parks. Policy PR-5.3.5: In all parks with active recreation the City will maintain an adequate number of trained staff based on standards recognized by professional organizations such as the Florida Recreation and Park Association or the National Recreation and Park Association, and on a regular basis will conduct safety inspections of equipment and structural facilities. Policy PR-5.3.6: The City will disseminate information to the public on proper safety procedures that are to be followed while using park facilities. Policy PR-5.3.7: When parks are being renovated or designed, the City will evaluate the park’s safety, consulting with park users, neighborhood residents, and the police whether high fences, gates, or other obtrusive security measures remain necessary. Policy PR-5.3.8: The City will consisder the establishment of public safety facilities, including, but not limited to Police, Fire-Rescue, and NET Service facilities with appropriate staffing, services, equipment and maintenance to ensure adequate response to neighborhood concerns.

Goal PR-6: Develop and enhance the quality of parks and open spaces within the City's downtown and other neighborhoods in a manner that meets the Level of Service standard and addresses the needs of City residents, workers and visitors, and strengthens the City's economic development.

Objective PR-6.1: Implement the NET Area Visions in the 2007 Parks and Public Spaces Master Plan, using the NET Area Implementation Tasks and Park Opportunities section of the Plan as a guide to enhancing and expanding Citywide and neighborhood parks, recreational facilities and programs.

Policy PR-6.1.1: The City will annually review implementation sections of the 2007 Parks and Public Spaces Master Plan to include implementation actions in developing an annual work plan and capital improvements plan for parks and recreation facilities and programs. Policy PR-6.1.2: The City will work to implement the specific master plans that include parks and recreation facilities, such as the Coconut Grove Waterfront Master Plan, the Museum Park Master Plan, and the Virginia Key Master Plan, and create pedestrian and water linkages among Fern Isle Park, Sewell Park, the recently acquired Police Benevolent Association property, and Curtis Park to create a Miami “Central Park.” As depicted in the Waterfront Master Plan and programmed in the CIE, the City will provide a continuous network of public parks and major attractions along the downtown waterfront.

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Policy PR-6.1.3: The City will continue to redevelop Lummus Park in the Riverside District to provide an activity/program center for history, riverfront activities and recreational facilities for visitors and City residents. Policy PR-6.1.4: The City will create a specialty “Fishermen’s Wharf” café district and marine services center in the Riverside District along N.W. North River Drive on the Miami River.

Objective PR-6.2: Improve and enhance public spaces and linkages in the City. Policy PR-6.2.1: The City will continue to encourage development of urban street promenade linkages with widened sidewalks, high quality materials, shade trees, landscaping, lighting, graphics and furnishings. The City, through its NET Offices, will conduct community meetings seeking inputs and providing information and assistance regarding the development of street maintenance projects on public spaces and linkages within the City. Policy PR-6.2.2: The City will continue to work toward improving landscaping and pedestrian-oriented amenities along major boulevards, including Biscayne Boulevard, Brickell Avenue, and North 1st Avenue, and other major transportation corridors, to create distinctive images and unifying elements between downtown districts. Policy PR-6.2.3: The City will continue to work towards enhancement of public spaces (entrances, plazas, lobbies, courtyards and atriums) and gateways through artwork. The City will use, whenever appropriate, the "Art in Public Places" allocation in public facility construction budgets as well as the assistance of the County Arts Council staff, the expertise of the Miami Arts and Entertainment Council and other Boards/ Councils, and The City will encourage private organizations to construct civic monuments at gateway locations.

Goal PR-7: Develop public parks and open spaces that are aesthetically appealing and enhance the character and image of the City.

Objective PR-7.1: Improve the aesthetic qualities of parks and recreation facilities.

Policy PR-7.1.1: The City will use the design principles in the 2007 Parks and Public Spaces Master Plan as a basic framework for the design and redesign of parks and park improvements, and prepare more specific design guidelines as needed. Policy PR-7.1.2: The Parks and Recreation Department will continue to have landscape architects on staff who have knowledge of best practices in park and recreation facility design and will be employed to design park improvements, and to review and monitor park design projects, when designers are retained on contract.

Goal PR-8: Encourage the development of high quality cultural arts facilities and programs within the City.

Objective PR-8.1: Continue to develop and support cultural districts, facilities and programs.

Policy PR-8.1.1: The City will continue to support development of a downtown cultural arts district as described in the proposed Downtown Master Plan, through land development regulations and other strategies.

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Policy PR-8.1.2: The City will support cultural and heritage programs and facilities in selected areas of the City such as, but not restricted to, Overtown, the Design District, and Little Havana, including small performing arts venues, heritage trails, street fairs, and similar programs, through land development regulations and other strategies. Policy PR-8.1.3: The City, through its NET Offices, will conduct community outreach to obtain input on cultural/historical programming suggestions in order to develop quality cultural and heritage programs.

Goal PR-9: Establish sustainable and green practices in park design, maintenance, building, planting and energy efficiency.

Objective PR-9.1: Protect and restore native plant communities, where feasible and appropriate, and provide educational programs and interpretive signage about South Florida environments.

Policy PR-9.1.1: The City will continue its program of native plant protection and restoration and elimination of exotic plants at Simpson Park and the Virginia Key nature area; expand this program to the conservation area at Wainwright Park; restore native vegetation in woodland, shoreline and streamfront edges of parks, where appropriate; establish, where appropriate, native plantings that require limited water and fertilizer in parks; and establish native plantings in public road, rail, drainage and utility corridors that are not suitable for pedestrian and recreation access.

Policy PR-9.1.2: The City will continue to establish and maintain coastal hammock exhibit plantings as part of environmental education programs and exhibits in community parks.

Policy PR-9.1.3: The City will continue to promote the planting and preservation of native species by property owners in the City through educational materials and programs. Through its NET Offices the City will assist and participate in tree planting events to promote preservation of the environment and provide educational materials for the public.

Objective PR-9.2: Introduce sustainable and energy-efficient materials and methods in park maintenance and operations.

Policy PR-9.2.1: The City will employ life-cycle costing to evaluate costs of new park structures and make efforts to incorporate energy- and water-efficient methods and materials, in new and renovated park structures including the use of green roofs, solar panels, and other innovative approaches.

Policy PR-9.2.2: The City will implement best management practices such as water conservation, integrated pest management, water conservation, elimination of toxic chemicals, and similar sustainable practices.

Policy PR-9.2.3: The City will implement to all pesticide and herbicide methods of application for all sodded areas compliance with the National Pollutant Discharge Elimination System (NPDES) Permit.

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COASTAL MANAGEMENT Goal CM-1: Maintain, protect, and enhance the quality of life and appearance of Miami's Coastal Zone including the preservation of natural resources as well as the enhancement of the built environment.

Objective CM-1.1: Preserve and protect the existing natural systems including wetlands and beach/dune systems within Virginia Key and those portions of Biscayne Bay that lie within the City's boundaries; and improve water quality within the Miami River, its tributaries, and the Little River.

Policy CM-1.1.1: As a precondition to the development or redevelopment of Virginia Key, a comprehensive assessment will be made of environmental hazards that are the result of past disposal activities at the Virginia Key landfill and other relevant environmental concerns. Such assessment will be made in cooperation with appropriate County, State and Federal environmental agencies, and an action plan to reduce or eliminate any hazards will be formulated. (See Natural Resource Conservation Policy NR-1.1.1.) Policy CM-1.1.2: The City will retrofit the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay. If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Natural Resource Conservation Policy NR-1.1.2 and Sanitary and Storm Sewers Policy SS-2.2.1.) Policy CM-1.1.3: [Reserved] Policy CM-1.1.4: The City will encourage the reduction in point and non-point sources of pollution into Biscayne Bay through coordination with the Miami River Commission, Miami-Dade County DERM DRER, the South Florida Water Management District, the U.S. Army Corps of Engineers, and any other appropriate state and federal agencies in order to reduce point and non-point sources of pollution into Biscayne Bay. Policy CM-1.1.5: Within the Coastal Zone, or along the Miami and Little Rivers, no land uses which represent a likely and significant source of pollution to surface waters will be permitted, unless measures which substantially eliminate the threat of contamination are implemented as conditions for approval of development or redevelopment. Policy CM-1.1.6: The City will adhere to Miami-Dade County DERM DRER standards and require DERM DRER approvals in its permitting procedures to ensure that all fuel storage facilities in the Coastal Zone or near major canals do not pose a significant threat to water quality.

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Policy CM-1.1.7: The City will regulate development on Virginia Key and the intermittent wetland areas of the coast of Coconut Grove to ensure that there will be no net loss of functional wetlands; that beaches and dune systems on the island will not be degraded or disrupted; that when non-native vegetation is removed, it will be replaced with native species; and that wildlife habitats and native species of fauna and flora will be protected. Priority will be given to water dependent land uses, and to development that enhances the natural environment and ensures adequate physical public access to Virginia Key. Policy CM-1.1.8: Because of its unique character and environmental significance, all development on Virginia Key will be in conformance with the 1987 Virginia Key Master Plan and/or any subsequent plans for Virginia Key that have been or might be adopted by the City and, if necessary, the preparation of an updated plan. Policy CM-1.1.9: Site development criteria will ensure that development or redevelopment within the Coastal Zone will not adversely affect the natural environment or lead to a net loss of public access to the City's natural resources. Policy CM-1.1.10: [Reserved] The City will continue to follow and enforce the Florida Building Code, which establishes construction standards that minimize the impacts of man-made structures on beach and dune systems. Policy CM-1.1.11: All City owned property within the Coastal Zone that may be identified as areas of significant or unique natural resources will be designated as Environmental Preservation Districts, and the City will also consider designating private properties within the coastal with significant or unique natural resources as Environmental Preservation Districts. Policy CM-1.1.12: The City will continue to implement and enforce that all new and renovated marinas meet marina siting requirements and receive appropriate county, state, and federal approvals in the land development regulations. Policy CM-1.1.13: The City will continue to work with the appropriate agencies to support provisions of the committee that prevent new development and redevelopment along the shorelines from directly discharging storm water runoff into surface waters and to get support for state and county funding for any infrastructure improvements deemed necessary to support development of Virginia Key and Watson Island. Policy CM-1.1.14: The City will cooperate with Miami-Dade County in fostering the protection of coastal wildlife and wildlife habitat through the protection of nesting areas, the establishment of wildlife corridors, the protection of travel corridors, and the promotion of public awareness of wildlife resources.

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Policy CM-1.1.15: The City will cooperate with Miami-Dade County in the implementation of any antidegradation targets developed to protect Outstanding Florida Waters and Outstanding National Resources Waters of Biscayne Bay.

Objective CM-1.2: The City will continue to follow and enforce the Florida Building Code, which establishes construction standards that minimize the impacts of man-made structures on beach and dune systems within the Coastal areas of the City to reduce the flood risk that result from high tide events, storm surge, storm surge, flash floods, storm water runoff, and other related impacts of sea level rise. (2015-1-1);

Policy CM-1.2.1: The City will increase inspection and code enforcement efforts for coastal area construction to ensure the proper standards are met to remove coastal real property from FEMA flood zone designations (2015-1-2). Policy CM-1.2.2: The City will be consistent with or more stringent than the flood resistant construction requirements in the Florida Building Code and the federal flood plain management regulations (2015/1/3) Policy CM-1.2.3: Construction seaward of the coastal construction control line shall be consistent with Chapter 161, of the Florida Statutes (2015-1-4)

Objective CM-1.3: In order to enhance the built environment of the coastal area, redevelop and revitalize blighted, declining, or threatened coastal areas.

Policy CM-1.3.1: The City will continue to adhere to its established policies regarding the designation of Community Redevelopment Districts in appropriate coastal areas of the city.

Policy CM-1.3.2: Through increased citywide code enforcement of coastal areas with deteriorated conditions the City will report any structures in severe condition to the unsafe structures board to either force improvements or facilitate the demolition of the structure. Policy CM-1.3.3: The City shall participate in the National Flood Insurance Program Community Rating System to achieve flood insurance premium discounts for city residents. (2015-1-5)

Objective CM-1.4: Ensure that land development regulations and policies for the Coastal Zone are consistent with the City's ability to provide the capital facilities required to maintain adopted LOS standards and those needed to maintain or enhance the quality of life within the Coastal Zone of the city. (See Capital Improvements Objective CI-1.2.)

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Policy CM-1.4.1: The Coastal Zone of the City will adhere to the level of service standards as adopted and amended in the Capital Improvements Element, and more specifically Policy CI-1.2.3 of that element.

Policy CM-1.4.2: Rise in sea level projected by the federal government, and refined by the Southeast Florida Regional Climate Change Compact, shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the City. (See related policy CI-1.2.6)

Goal CM-2: Improve public awareness, appreciation, and use of Miami’s coastal resources by preserving water-dependent and water-related uses, ensuring adequate public access to such uses, and minimizing user conflicts.

Objective CM-2.1: Wherever feasible, increase, physical and visual public access to Biscayne Bay, the Miami River, the City’s shorelines, and publicly-owned islands.

Policy CM-2.1.1: Where appropriate and in the interest of public safety and promotion of outdoor recreation opportunities on environmentally sensitive areas, future land development regulations will require non-water dependent or related development or redevelopment to maintain public access to the coastal and Miami River shorelines. (See Parks, Recreation and Open Space Policy PR-3.2.4) Policy CM-2.1.2: Where appropriate, City owned waterfront property, including the Miami River shorelines, shall provide for public open spaces that allow similar access to County owned public open spaces that provide access to the shoreline where appropriate. Policy CM-2.1.3: The City will continue development of the river walk and bay walk along City owned property as funds become available and will continue to require development of the bay walk and river walk along private property through its land development regulations. Policy CM-2.1.4: The City shall continue to implement design guidelines along the baywalk and riverwalk in accordance with the Miami River Greenway Action Plan and other adopted plans as appropriate. Policy CM-2.1.5: [Reserved] Policy CM-2.1.6: The City will incorporate provisions for public physical and/or visual access to the shoreline in its waterfront zoning regulations (See Parks, Recreation and Open Space Policy PR- 3.2.3.)

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Policy CM-2.1.7: As specified in the City of Miami Charter and related laws, and more specifically the Waterfront Charter Amendment and Ordinance Zoning Ordinance for the City of Miami all new development and redevelopment along the downtown waterfront is required to provide a waterfront setback, and those developments within Special Districts (SDs) that require publicly accessible shoreline walkways, will design them in conformance with the “Baywalk/Riverwalk Design Standards.” (See Parks, Recreation and Open Space Policy PR- 3.2.11.) Policy CM-2.1.8: The City will continue to work toward increased physical public access to Virginia Key and Watson Island by pursuing appropriate development and redevelopment as directed by the Virginia Key and Watson Island master plans. Policy CM-2.1.9: The City will ensure that development regulations are not altered so as to prohibit water dependent facilities or uses such as swimming, boating, and fishing and will encourage and support such facilities and uses. Policy CM-2.1.10: The City, through its NET Offices at water front locations, will provide educational opportunities advocating public access to the City’s shorelines, and promoting outdoor recreation activities on environmentally sensitive areas,

Objective CM-2.2: [Reserved]

Policy CM-2.2.1: [Reserved] Policy CM-2.2.2: [Reserved]

Goal CM-3: Pursuant to Ch. 163.3178(2)(g), F.S., The City shall maintain strategies that will be used to preserve and adequate supply of land for recreational and commercial Working Waterfront uses defined in Ch. 342.07, F.S.3

Objective CM-3.1: The City shall strive to allow no net loss of acreage devoted to recreational and commercial Working Waterfront uses in the coastal area of the City of Miami.

Policy CM-3.1.1: The comprehensive plan and land development regulations will encourage water-dependent uses along the shoreline, and strategies that will be used to preserve recreational and commercial Working Waterfronts as defined in Ch. 342.07, F.S., particularly on the Miami River. (See Goal PA-3 and Policy LU-1.3.3).

Goal CM-4: Ensure public safety and the protection of property within the Coastal Zone from the threat of hurricanes.

3 Additional strategies to preserve and encourage recreational and commercial Working Waterfront uses are contained in the Ports, Aviation, and Related Facilities element, “Port of Miami River” Sub-element.

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Objective CM-4.1: Minimize the potential for loss of human life and the destruction of property from hurricanes.

Policy CM-4.1.1: Enforce building code standards that protect against the destruction of structures by hurricane winds, and tidal swells, and storm surge. Policy CM-4.1.2: Continue to direct population away from the Coastal High Hazard Area, which is defined as the areas below the elevation of the category 1 storm surge line, as established by a Sea, Lake and Overland Surges from Hurricanes (SLOSH) computerized storm surge model pursuant to FS 163.3178(2)(h) (2006/7), .as depicted on the CHHA map in Appendix CM-1. (See map following Appendix CM-1.) Policy CM-4.1.3: The City shall continue to implement measures for the protection of City owned historic properties from destruction in the event of a major storm, and plans for each site’s restoration in the event of destruction or major damage will remain in effect. Policy CM-4.1.4: Immediately subsequent to the event of a major storm, the adequacy of existing building standards and the appropriateness of land uses and development regulations in the Coastal High Hazard Area will be reviewed, and all modifications to standards, zoning or land use policies required to reduce future risk of loss of life and property damage will be adopted prior to the approval of long term, post disaster redevelopment plans. Policy CM-4.1.5: Each proposed future land use map change within the Coastal High Hazard area of the city will require an analysis of its potential impact on evacuation times and shelter needs in the event of a hurricane. Policy CM-4.1.6: [Reserved] The City, through its Emergency Manamgement Office and NET Offices, provide disaster prevention and preparation training to City of Miami residents. Policy CM-4.1.7: The City will incorporate into its Comprehensive Plan any relevant recommendations of interagency hazard mitigation reports as they become available. Policy CM-4.1.8: The City will work in cooperation with regional and state agencies to adopt plans and policies that protect public and private property and human lives from the effects of natural disasters. Policy CM-4.1.9: The City will work in cooperation with regional and state agencies in the preparation of advance plans for the safe evacuation of coastal residents. Policy CM-4.1.10: The City will adhere to its "Emergency Operations Plan for Civil Defense in War and Natural Emergencies" and "The Emergency Procedures Manual Comprehensive Emergency Management Plan, Hurricane Plan, and Debris

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Management Plan" for immediate repair and cleanup actions needed to protect public health and safety. The City will update these manuals on an annual basis. Policy CM-4.1.11: The City will work with the Division of Emergency Management whose responsibility it is to ensure the preparation of updated regional hurricane evacuation plans. (2006/6)

Objective CM-4.2: The City will adhere to and cooperate with the County in executing evacuation procedures as well as annually update information and procedural brochures for the public; these brochures will contain information on evacuation procedures and routes, and will be distributed to city residents at local businesses and government agencies.

Policy CM-4.2.1: The City's fire and police departments will continue to work with Miami-Dade County and regional emergency agencies to update and revise, as needed coordinated peacetime emergency and evacuation plans.

Policy CM-4.2.2: The City will annually update and distribute an informational brochure to establish public awareness and information programs that educate as to the need for evacuation, and indicate evacuation routes and procedures. This Information will be available at the Citys NET Offices. Policy CM-4.2.3: The City will follow the County in providing appropriate evacuation route markers within City boundaries as part of a Countywide coordinated program.

Objective CM-4.3: Minimize the potential for loss of human life and destruction of property from hurricanes in the Coastal High Hazard Area.

Policy CM-4.3.1: Public expenditures for capital facilities in the Coastal High Hazard area will be limited to those required to eliminate existing LOS deficiencies, maintain adopted LOS standards in non-high hazard areas, improve hurricane evacuation time, or reduce the threat to public health and safety from storm events. (See Capital Improvements Policy CI-1.4.1.) Policy CM-4.3.2: Public expenditures for capital facilities in the Coastal High Hazard Area intended to further the goals and objectives of the Miami Comprehensive Neighborhood Plan will be limited to those projects that do not measurably increase the risk to public health and safety from storm damage. (See Capital Improvements Policy CI-1.4.2.) Policy CM-4.3.3: Each proposed future land use map change to a residential land use category within the Coastal High Hazard area of the city will require an analysis of its potential impact on evacuation times and shelter needs in the event of a category 5 storm event as measured on the Saffir-Simpson scale.

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Policy CM-4.3.4: Proposed future land use map changes to a residential land use category within the Coastal High Hazard Area shall only be approved if one of the following standards is met:

a. A no greater than 16 hour level of service for out of county hurricane

evacuation is maintained for a category 5 storm event as measured on the Saffir-Simpson scale;

b. A no greater than 12 hour evacuation time to shelter is maintained for a

category 5 storm event as measured on the Saffir-Simpson scale and shelter space reasonably expected to accommodate the residents of the development contemplated by the proposed comprehensive plan amendment is available; or

c. Appropriate mitigation is provided that will satisfy the provisions of

subparagraph a. or subparagraph b. Appropriate mitigation shall include, without limitation, payment of money, that will be used towards mitigation project(s),contribution of land, and construction of hurricane shelters and transportation facilities. Required mitigation shall not exceed the amount required for the development to accommodate impacts reasonably attributable to development. The City and applicant for the plan amendment shall enter into a binding agreement to memorialize the mitigation plan.

Policy CM-4.3.5: The City shall consider the use of undeveloped land in the Coastal High Hazard Area for public or private recreational uses and open space. Policy CM-4.3.6: The City will prohibit the construction of new mobile home parks in the Coastal High Hazard Area.

Goal CM-5: Preserve and protect the heritage of the City of Miami through the identification, evaluation, rehabilitation, adaptive reuse, restoration and public awareness of Miami's historic, architectural and archaeological resources. (See Land Use Goal LU-2.)

Objective CM-5.1: Maintain, update and increase amplify the Miami Register of Historic Places, to increase the number of eligible designated properties. Continue to survey properties and identify areas of the City that are eligible for historic designation. contained in the Miami-Dade County Historic Survey, which identifies and evaluates the City's historic, architectural and archaeological resources. (See Land Use Objective LU-2.1.)

Policy CM-5.1.1: The City will continue to identify potential historic districts and conduct further surveys of contributing and noncontributing buildings. (See Land Use Policy LU-2.1.1.)

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Policy CM-5.1.2: The City will continue to maintain a computerized database of all relevant information for all sites in the Miami-Dade County Historic Survey designated sites in the Miami Register of Historic Places.. (See Land Use Policy LU-2.1.2.) Policy CM-5.1.3: The City has designated numerous historic sites and historic districts pursuant to Chapter 23 of the Miami City Code. The City will continue to designate sites and districts as appropriate and warranted. (See Land Use Policy LU-2.3.2.) Policy CM-5.1.4: The City will continue to review nominations to the National Register of Historic Places through the Certified Local Government Program. (See Land Use Policy LU-2.3.1.) Policy CM-5.1.5: The City will continue to include information on the City’s historic, architectural and cultural heritage for inclusion in public information, economic development promotion and tourism materials. (See Land Use Policy LU-2.5.4.) This Information will be available at the City’s NET Offices. The NET Offices may also coordinate community forums to seek community input on potential redevelopment concepts or future usages.

Objective CM-5.2: Increase the number of historic structures that have been preserved, rehabilitated or restored, according to the U.S. Secretary of the Interior's Standards for Rehabilitation. (See Land Use Objective LU-2.4.)

Policy CM-5.2.1: The City will continue to utilize the U.S. Secretary of the Interior's Standards for Rehabilitation as the minimum standards for preservation of historic properties. To receive public financial support from the City, designated privately owned structures must meet these standards. (See Land Use Policy LU-2.4.2.) Policy CM-5.2.2: The City currently owns historic sites and other potential archaeological sites. If it is deemed in the public interest for the City to transfer title of City properties of historic, architectural, or archaeological significance, such transfer will include restrictive covenants to ensure the protection and preservation of such properties. (See Land Use Policy LU-2.4.3.)

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NATURAL RESOURCE CONSERVATION Goal NR-1: Maintain, preserve, enhance and restore the quality of natural and man made environment and amenities (2008/5) resources within the context of the city's urban environment.

Objective NR-1.1: Preserve and protect the existing natural systems within Virginia Key, the Dinner Key spoil islands, and those portions of Biscayne Bay that lie within the City's boundaries.

Policy NR-1.1.1: The City shall continue to take actions to protect and restore the natural environment of Virginia Key in cooperation with appropriate County, State and Federal environmental agencies. (See Coastal Management Policy CM-1.1.1.) Policy NR-1.1.2: The City will continue retrofitting the number of storm water outfalls that discharge into the Miami River and its tributaries, the Little River and directly into Biscayne Bay in accordance with water quality improvement programs and adopted plans. If positive drainage systems to these water bodies are deemed to be the only feasible method of maintaining adequate storm drainage, then these storm sewers will be designed and constructed to retain grease and oil and minimize pollutant discharges. (See Sanitary and Storm Sewers Policy 2.2.1 and Coastal Management Policy CM-1.1.2.) Policy NR-1.1.3: [Reserved] Policy NR-1.1.4: The City will continue to participate in the State funded SWIM program for funding support in order to reduce point and non-point sources of pollution into Biscayne Bay. Policy NR-1.1.5: Regulate development on Virginia Key to ensure that there will be no net loss of functional wetlands; that beaches and dune systems on the island will not be degraded or disrupted; and that wildlife habitats and native species of fauna and flora will be protected. Policy NR-1.1.6: Through land development regulations, ensure that development or redevelopment within the Coastal Zone will not adversely affect the natural environment or lead to a net loss of public access or public use of public owned property (consistent with protection of natural systems) to the city's natural resources. Policy NR-1.1.7: The City will increase code enforcement to prevent illegal disposal of hazardous waste into the city's natural resources such as the Miami River and Biscayne Bay, and will encourage Miami-Dade County to approve and post signs warning against illegal disposal. Policy NR-1.1.8: The City will work with, and support the County's efforts to identify generators of hazardous waste, and to develop and enforce procedures for the proper

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collection and disposal of hazardous waste. The City will support Miami-Dade County's development of a hazardous waste temporary storage facility in a non-populated area. (See Solid Waste Collection Policy SW-1.2.4.)

Objective NR-1.2: Improve the water quality of, and ensure health safety within, the Miami River, its tributaries and the Little River.

Policy NR-1.2.1: The City will continue to work with the Biscayne Bay Management Plan Committee and with the appropriate agencies in order to encourage and support Miami-Dade County Department of Environmental Resource Management in the monitoring of contaminants within these water bodies and to ensure that the City is kept adequately informed of environmental conditions. Policy NR-1.2.2: Continue to implement the Biscayne Bay Management Plan and other relevant plans in order to reduce the level of contaminants in these water bodies and improve the water quality within them. Policy NR-1.2.3: Participate in state and federally funded programs to remove abandoned and repair leaking underground fuel storage tanks on City owned properties. Policy NR-1.2.4: The City of Miami will continue to cooperate with the Miami River Commission, which has been granted broad powers over environmental and other issues related to the Miami River by state statute. Among the issues to be addressed by the commission are those related to acceptable water quality standards for the Miami River and its tributaries. The City of Miami will cooperate with the Miami River Commission in establishing such standards and, to the extent feasible, achieving them.

Objective NR-1.3: Maintain and enhance the status of native species of fauna and flora.

Policy NR-1.3.1: Continue and, where necessary, expand the use of scenic corridor and Environmental Preservation District designation. Policy NR-1.3.2: Identify City-owned land with significant native vegetative features or wildlife habitats, and designate those areas as Environmental Preservation Districts. Policy NR-1.3.3: Continue designating private properties with significant or unique resources as Environmental Preservation Districts. Policy NR-1.3.4: Review development and redevelopment to determine any adverse impacts on adjacent areas with significant native vegetative features, wildlife or marine life, and establish regulations that reduce or mitigate such impacts.

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Policy NR-1.3.5: Through the development review and approval process, ensure that off-site mitigation for disruption or degradation of significant natural resources occurs in an orderly and sound manner, so as to maximize benefits to the overall natural system. Policy NR-1.3.6: Through the development review process, deny the use of intrusive exotic plant species, require the removal of existing prohibited species, encourage the use of native plant species, and those species that do not require the excessive use of fertilizers, excessive watering, are not prone to insect infestation or disease, and do not have invasive root systems. Policy NR-1.3.7: Permit applications for all boating facilities located on city shorelines shall be evaluated in the context of their cumulative impact on manatees and marine resources. Policy NR-1.3.8: Slow or idle speed zones shall be adopted in areas frequented by manatees and enforcement of speed zones will be improved. Policy NR-1.3.9: To the extent that there are wetlands on the Resources of Regional Significance, State Save Our Rivers, or Dade County Environmentally Endangered Lands acquisition lists within the City of Miami, consideration will be given to public acquisition and management of such properties when such actions are feasible.

Objective NR-1.4: Maintain, protect and enhance the City’s tree canopy and significant trees.

Policy NR-1.4.1: The City will continue to protect the tree canopy and significant trees through the Tree Protection Ordinance.

Policy NR-1.4.2: The City will work with public and private partners to achieve the 2007 Tree Master Plan goal of 30% tree canopy coverage citywide by 2020. Policy NR-1.4.3: The City will develop an ordinance describing criteria for designation of City of Miami Historic Trees, procedures for nomination of a Miami Historic Tree, and procedures for official designation and signage identifying Miami Historic Trees. Policy NR-1.4.4: The City will work with public and private partners to coordinate Community Education Workshops to increase knowledge regarding the importance of trees and an urban tree canopy, as well as how to maintain, protect and restore existing trees within the City of Miami. Policy NR-1.4.5: The City will create an “Urban Canopy Program” for developers incentivizing local developers to contribute positively and effectively to the City’s Tree Master Plan efforts.

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Objectivel NR-1.5: Maintain, preserve, enhance and restore Energy Conservation. (2008/5)

Policy NR-1.5.1: The City shall consider urban design, water and energy conservation and wildlife habitat when designing sites and selecting landscape material for all public projects. (2008/5)

Policy NR-1.5.2: The City shall facilitate contiguous urban development, infill, redevelopment of substandard or underdeveloped urban areas, moderate to high intensity activity centers, mass transit supportive development, and mixed-use projects to promote energy conservation. (2008/5) Policy NR-1.5.3: City of Miami shall promote energy conservation by encouraging builders, remodelers, homeowners and homebuyers to implement Florida Green Building Coalition green home or other acceptable environmental standards and by encouraging site planners and land developers to implement Florida Green Building Coalition development standards. (2008/5)

Goal NR-2: Maintain an adequate and safe supply of water for the city residents.

Objective NR-2.1: Ensure adequate levels of safe potable water are available to meet the needs of the city. (See Potable Water Objective PW-1.2.)

Policy NR-2.1.1: In periods of regional water shortage, the City will support the South Florida Water Management District's policies and regulations regarding water conservation. Policy NR-2.1.2: The City will continue to enforce Florida Building Code requirements for the on-site retention of the first inch of storm water runoff. (See Sanitary and Storm Sewers Policy SS-2.2.5.) Policy NR-2.1.3: The City will continue to support the South Florida Water Management District efforts to monitor the water levels at the salinity control structures within the city to prevent against further saltwater intrusion and protect the aquifer recharge areas and cones of influence of wellfields from contamination. (See Natural Groundwater Aquifer Recharge Policy AR-1.1.3.) Policy NR-2.1.4: Since the potable water network is an interconnected, countywide system, the City will cooperate with Miami-Dade County Water and Sewer Department (MDWASD) to jointly develop methodologies and procedures for biannually updating estimates of system demand and capacity, and ensure that sufficient capacity to serve development exists. (See Potable Water Policy PW-1.1.1.)

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Policy NR-2.1.5: Ensure potable water supplies meet the established level of service standards for transmission capacity as set in the Capital Improvements Element. (See Potable Water Policy PW-1.2.1 and Capital Improvements Policy CI-1.2.3.) Policy NR-2.1.6: [Reserved] Policy NR-2.1.7: The City adopted an Updated Water Supply Facilities Work Plan (contained in Appendix PW-1 of the MCNP) for a 20-year planning period, from 2014 to 2033, that is consistent with the current South Florida Water Management District Lower East Coast Water Supply Plan Updates approved by the South Florida Water Management District (SFWMD) and the current adopted County Water Supply Facilities Work Plan. The City’s Work Plan and the County’s Work Plan are incorporated into the City’s Comprehensive Plan (See Potable Water Policy PW-1.2.2.) Policy NR-2.1.8: The City will continue to practice water conservations measures (i.e. new residential and commercial development will be required to install high efficiency plumbing fixtures and appliances) that are enforced through Chapter 8 – Building Code and 32 – Water and Sewer Regulations, of the Miami Dade County Code of Ordinances, updated September 2, 2008.

Policy NR-2.1.9: The City will continue to implement the same or more stringent water conservation measures as provided through Chapter 8 – Building Code (updated September 2, 2008), Chapter 32 – Water and Sewer Regulations (updated September 2, 2008), and Chapter 18A and 18B – Landscape Ordinance (updated May 5, 2009), of the Miami-Dade County Code of Ordinances.

Goal NR-3: Attain and maintain a degree of air quality that is safe and to meet all attainment standards set by the U.S. Environmental Protection Agency for the city as a whole.

Objective NR-3.1: Improve the monitoring of air quality within areas perceived to have the highest potential for air quality problems.

Policy NR-3.1.1: The City shall continue working with County, State and federal environmental agencies to ensure that the number of air quality monitoring stations maintained by these agencies are sufficient to ensure accurate ongoing monitoring of air quality standards.

Objective NR-3.2: Prevent the degradation of ambient air quality within the city.

Policy NR-3.2.1: Establish vehicular transportation patterns that reduce the concentration of pollutants in areas known to have ambient air quality problems.

Policy NR-3.2.2: The City of Miami continues to support the provision of efficient transit and paratransit services that serve existing and future trip generators and attractors, the provision of safe and convenient transit passenger transfer terminal facilities, and the accommodation of the special needs of the City of Miami’s

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population. Therefore, the City of Miami will support Miami-Dade County in the provision of these essential transit services. (See Transportation Objective 1.5) Policy NR-3.2.3: The City will work with the Miami-Dade County transportation planning agencies to continue to increase the quality of transit services within the city. Policy NR-3.2.4: The City will work with the appropriate federal, state, regional, and county agencies to ensure that owners of buildings and facilities with unacceptable levels of asbestos (according to EPA and State Standards) in ambient air test remove, treat and seal asbestos-containing materials as long as this action will not cause further degradation to the air quality. Policy NR-3.2.5: The City will monitor developers to ensure that they appropriately treat exposed construction areas by means such as mulching, spraying or grass coverings, to minimize air pollution. Policy NR-3.2.6: The City will reduce human exposure to air pollution by taking into consideration climate change mitigation and adaptation strategies from the recommendations of the Southeast Florida Regional Climate Change Compact to reduce greenhouse gas emissions in accordance with all applicable regulations.

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EDUCATION

GOAL EDU-1: DEVELOP, OPERATE, AND MAINTAIN A SYSTEM OF PUBLIC EDUCATION BY MIAMI-DADE COUNTY PUBLIC SCHOOLS, IN COOPERATION WITH THE CITY AND OTHER APPROPRIATE GOVERNMENTAL AGENCIES, WHICH WILL STRIVE TO IMPROVE THE QUALITY AND QUANTITY OF PUBLIC EDUCATIONAL FACILITIES AVAILABLE TO THE CITIZENRY OF MIAMI-DADE COUNTY, FLORIDA.

Objective EDU-1.1: Work towards the reduction of the overcrowding which currently exists in the Miami-Dade County Public Schools, while striving to attain an optimum level of service pursuant to Objective EDU-1.2. Provide additional solutions to overcrowding so that citywide enrollment in Miami-Dade County's public schools will meet state requirements for class size by September 1, 2010.

Policy EDU-1.1.1: Cooperate with the Miami-Dade County Public Schools in their efforts to continue to provide new student stations through the Capital Outlay program, in so far as funding is available.

Policy EDU-1.1.2: Cooperate with the Miami-Dade County Public Schools in their efforts to develop and implement alternative compact educational facilities, such as primary learning centers, or early childhood centers, which can be constructed on small parcels of land or within high rise buildings in urban areas and relieve overcrowding at elementary schools, in so far as funding and rules permit. The City shall assist the Miami-Dade County Public Schools to identify vacant parcels that can be utilized for such construction and obtain community input.

Policy EDU-1.1.3: Cooperate with the Miami-Dade County Public Schools in their efforts to provide public school facilities to the students in the City, which operate at optimum capacity, in so far as funding available. Operational alternatives may be developed and implemented, where appropriate, which mitigate the impacts of overcrowding while maintaining the instructional integrity of the educational program.

Policy EDU-1.1.4: Cooperate with the Miami-Dade County Public Schools in their efforts to maintain and/or improve the established level of service (LOS), for Public Educational Facilities, as established for the purposes of school concurrency.

Policy EDU-1.1.5: The Miami-Dade County School Board (School Board) comments shall be sought and considered on comprehensive plan amendments and other land use and zoning decisions which could impact the school district, in order to be consistent with the terms of the state mandated Interlocal Agreement pursuant to Sections 1013.33 and 163.31777, Florida Statutes. Policy EDU-1.1.6: Capital improvement programming by the Miami-Dade Public Schools should be based on future enrollment projections and demographic shifts and targeted to enhance the effectiveness of the learning environment. The future

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enrollment projections should utilize student population projections based on information produced by the demographic, revenue, and education estimating conferences pursuant to Section 216.136, Florida Statutes, where available, as modified by the School Board based on development data and agreement with the City of Miami, the State Office of Educational Facilities and the State SMART Schools Clearinghouse. The School Board may request adjustment to the estimating conferences’ projections to reflect actual enrollment and development trends. In formulating such a request, the School Board will coordinate with the City regarding development trends and future population projections. Policy EDU-1.1.7: The City will through the Staff Working Group of the Interlocal Agreement for Public School Facility coordinate with Miami-Dade County Public Schools, and applicable Cities to review annually the Education Element and school enrollment projections.

Objective EDU-1.2: The City of Miami shall coordinate new residential development with the future availability of public school facilities4 consistent with the adopted level of service standards for public school concurrency, to ensure the inclusion of those projects necessary to address existing deficiencies in the 5-year schedule of capital improvements, and meet future needs based upon achieving and maintaining the adopted level of service standards throughout the planning period.

Policy EDU-1.2.1: Beginning January 1, 2008, the adopted level of service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms).This LOS Standard, shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by the Miami-Dade County Public Schools.

Policy EDU-1.2.2: It is the goal of Miami-Dade County Public Schools and The City of Miami for all public school facilities to achieve 100% utilization of Permanent FISH (No Relocatable Classrooms) capacity by January 1, 2018. To help achieve the desired 100% utilization of Permanent FISH by 2018, Miami-Dade County Public Schools should continue to decrease the number of relocatable classrooms over time. Public school facilities that achieve 100% utilization of Permanent FISH capacity should, to the extent possible, no longer utilize relocatable classrooms, except as an operational solution2.

By December 2010, the City and County in cooperation with Miami-Dade County Public Schools will assess the viability of modifying the adopted LOS standard to 100% utilization of Permanent FISH (No Relocatable Classrooms) for all CSAs.

4 Level of Service standards for public school facilities to those traditional educational facilities, owned and operated by the Miami-Dade County Public Schools, that are required to serve the residential development within their established Concurrency Service Area. Level of Service standards do not apply to charter schools. However, the capacity of both charter and magnet schools will be credited against the impact of development. No credit against the impact of development shall be given for either magnet or charter schools if their district wide enrollment is at, or above, 100% FISH Capacity

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Policy EDU-1.2.3: In the event the adopted LOS standard of a CSA cannot be met as a result of a proposed development’s impact, the development may proceed provided at least one of the following conditions is met:

1.2.3.1: The development’s impact can be shifted to one or more adjacent CSAs that have available capacity located, either in whole or in part, within the same Geographic Areas (Northwest, Northeast, Southwest, or Southeast, see Figures 1A, 2A and 3C within Appendix EDU-1) as the proposed development; or

1.2.3.2: The development’s impact is mitigated, proportionate to the demand for public schools it created, through a combination of one or more proportionate share mitigation options as defined in Section 163.3180 (13)(e)1, Florida Statutes. The intent of these options is to provide for the mitigation of residential development impacts on public school facilities, guaranteed by a legal binding agreement, through mechanisms that include, one or more of the following: contribution of land; the construction, expansion, or payment for land acquisition or construction of a permanent public school facility; or, the creation of a mitigation bank based on the construction of a permanent public school facility in exchange for the right to sell capacity credits. The proportionate share mitigation agreement is subject to approval by Miami-Dade County School Board and Miami-Dade County Board of County Commission and must be identified in the Miami-Dade County Public Schools Facilities Work Program.

1.2.3.3: The development’s impacts are phased to occur when sufficient capacity will be available. If none of the above conditions is met, the development shall not be approved.

Policy EDU-1.2.4: Concurrency Service Areas (CSA) shall be delineated to: 1) maximize capacity utilization of the facility, 2) limit maximum travel times and reduce transportation costs, 3) acknowledge the effects of court-approved desegregation plans, 4) achieve socio-economic, racial, cultural and diversity objectives, and 5) achieve other relevant objectives as determined by the School Board’s policy on maximization of capacity. Periodic adjustments to the boundary or area of a CSA may be made by the School Board to achieve the above stated factors. Other potential amendments to the CSAs shall be considered annually at the Staff Working Group meeting to take place each year no later than April 30 or October 31, consistent with Section 9 of the Interlocal Agreement for Public School Facility Planning.

Policy EDU-1.2.5: The City through the implementation of the concurrency management system and Miami-Dade County Public School Facilities Work Program for educational facilities, shall ensure that existing deficiencies are addressed and the capacity of schools is sufficient to support residential development at the adopted level of service (LOS) standards throughout the planning period in the 5-year schedule of capital improvements.

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Policy EDU-1.2.6: The Miami-Dade County Public Schools Facilities Work Program will be evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and maintained throughout the planning period.

Objective EDU-1.3: Obtain suitable sites for the development and expansion of public education facilities

Policy EDU-1.3.1: In the selection of sites for future educational facility development, the City encourages the Miami-Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a logical focal point for community activities. The City’s NET Office will conduct community outreach efforts to provide information to the residents and obtain residental feedback for the City to forward to the Miami-Dade County Public Schools.

Policy EDU-1.3.2: Where possible, the Miami-Dade County Public Schools should seek sites which are adjacent to existing or planned public recreation areas, community centers, libraries, or other compatible civic uses for the purpose of encouraging joint use facilities or the creation of logical focal points for community activity.

Policy EDU-1.3.3: The City acknowledges and concurs that, when selecting a site, the Miami-Dade County Public Schools will consider if the site meets the minimum size criteria as recommended by the State Department of Education or as determined to be necessary for an effective educational environment.

Policy EDU-1.3.4: When considering a site for possible use as an educational facility, the Miami-Dade County Public Schools should review the adequacy and proximity of other public facilities and services necessary to the site such as roadway access, transportation, fire flow and portable water, sanitary sewers, drainage, solid waste, police and fire services, and means by which to assure safe access to schools, including sidewalks, bicycle paths, turn lanes, and signalization.

Policy EDU-1.3.5: When considering a site for possible use as an educational facility the Miami Dade County Public Schools should consider whether the present and projected surrounding land uses are compatible with the operation of an educational facility.

Policy EDU-1.3.6: The City shall encourage and cooperate with the Miami-Dade County Public Schools in their effort for public school siting reviews to help accomplish the objectives and policies of this element and other elements of the MCNP. The City shall cooperate with the Public Schools to establish provisions for a scoping or pre-application meeting as part of the educational facilities review process, if determined to be warranted.

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Policy EDU-1.3.7: The City will continue to cooperate with Miami-Dade County Public Schools in utilizing Miami-Dade County Public Schools as emergency shelters during county emergencies.

Objective EDU-1.4: The Miami-Dade County Public Schools, in conjunction with the City of Miami and other appropriate agencies, will strive to improve security and safety for students and staff.

Policy EDU-1.4.1: Continue to cooperate with the Miami-Dade County Public Schools to develop and/or implement programs and policies designed to reduce the incidence of violence, weapons and vandalism on school campuses. Encourage the design of facilities, which do not encourage criminal behavior and provide clear sight lines from the street.

Policy EDU-1.4.2: Continue to cooperate with the Miami-Dade County Public Schools to develop and/or implement programs and policies designed to reduce the number of incidents related to hazardous conditions as reported by the Environmental Protection Agency (EPA), the fire marshal, the State Department of Education (DOE), and other appropriate sources.

Policy EDU-1.4.3: Continue to cooperate with the Miami-Dade County Public Schools to provide for the availability of alternative programs for at-risk students at appropriate public educational facilities.

Policy EDU-1.4.4: Coordinate with the Miami-Dade County Public Schools and municipalities to provide for pedestrian and traffic safety in the area of schools, and signalization for educational facilities.

Policy EDU-1.4.5: Coordinate with the Miami-Dade County Public Schools Division of School Police and other law enforcement agencies, where appropriate, to improve and provide for a secure learning environment in the public schools and their vicinity.

Objective EDU-1.5: Continue to develop programs and opportunities to bring the schools and community closer together.

Policy EDU-1.5.1: Cooperate with the Miami-Dade County Public Schools in their efforts to provide "full service" schools, parent resource centers, adult and community schools and programs as appropriate.

Policy EDU-1.5.2: Cooperate with the Miami-Dade County Public Schools in their efforts to continue to provide opportunities for community and business leaders to serve on committees and task forces, which relate to the development of improved provision of public educational facilities. The publication/promotion of such opportunities shall be available through the City’s NET Offices.

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Policy EDU-1.5.3: Cooperate with the Miami-Dade County Public Schools to continue to work with the development industry to encourage partnerships in the provision of sites and educational facilities including early childhood centers.

Policy EDU-1.5.4: Cooperate with the Miami-Dade County Public Schools through agreement with appropriate agencies to increase medical, psychological, and social services for children and their families as appropriate.

Objective EDU-1.6: Miami-Dade County Public Schools will continue to enhance effectiveness of the learning environment.

Policy EDU-1.6.1: Miami-Dade County Public Schools is encouraged to continue the design and construction of educational facilities which create the perception of feeling welcome, secure and positive about the students' school environment and experiences.

Policy EDU-1.6.2: The Miami-Dade County Public Schools is encouraged to continue to design and construct facilities which better provide student access to technology designed to improve learning, such as updated media centers and science laboratories.

Policy EDU-1.6.3: The Miami-Dade County Public Schools is encouraged to continue to improve existing educational facilities, in so far as funding is available, through renovation and expansion to better accommodate increasing enrollment, new educational programs and other activities, both curricular and extra-curricular.

Objective EDU-1.7: The School Board, the City, and other appropriate jurisdictions shall establish and implement mechanism for ongoing coordination and communication, to ensure the adequate provision of public educational facilities.

Policy EDU-1.7.1: The City shall coordinate and cooperate with the Miami-Dade County Public Schools, the State, municipalities and other appropriate agencies to develop or modify rules and regulations in order to simplify and expedite proposed new educational facility developments and renovations.

Policy EDU-1.7.2: The location of future educational facilities should occur where

capacity of other public facilities and services is available to accommodate the infrastructure needs of the educational facility.

Policy EDU-1.7.3: The Miami-Dade County Public Schools should coordinate school

capital improvement plans with the planned capital improvement projects of other County and municipal agencies.

Policy EDU-1.7.4: The City shall cooperate with the Miami-Dade County Public

Schools in their efforts to ensure that they are not obligated to pay for off-site infrastructure in excess of their fair share of the costs.

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Policy EDU-1.7.5: [RESERVED] City of Miami and the Miami-Dade County Public Schools will annually review the Educational Element and the City will make amendments, if necessary.

Policy EDU-1.7.6: The City shall seek to coordinate with the Miami-Dade County Public Schools in formalizing criteria for appropriate sharing of responsibility for required off-site facility improvements attributable to construction of new public schools or expansion of existing ones.

Policy EDU-1.7.7: The City shall coordinate with the Miami-Dade County Public Schools and Miami-Dade County to eliminate infrastructure deficiencies surrounding existing school sites.

Policy EDU-1.7.8: The City and the Miami-Dade County Public Schools shall coordinate efforts to ensure the availability of adequate sites for the required educational facilities.

Policy EDU-1.7.9: The City and the Miami-Dade County Public Schools shall coordinate the appropriate roles and responsibilities of affected governmental jurisdictions in ensuring the timely, orderly and efficient provision of adequate educational facilities.

Policy EDU-1.7.10: The City will work with Miami-Dade County will to account for the infrastructure needs of new, planned or expanded educational facilities when formulation and implementing its own capital improvement plans.

MONITORING AND EVALUATION PROGRAM In order to enable the preparation of the periodic Evaluation and Appraisal Report (EAR) as required by Section 163.3191, Florida Statutes (F.S.), and Rule 9J-5.0053, F.A.C. (2011/43), this section will outline the procedures for the monitoring and evaluating of the Element and its implementation. Monitoring Requirements The primary mechanism to monitor progress in achieving the objectives and policies in this Element is the collection and update of appropriate baseline data. Further, as required by FS 1013.31, the State Requirements for Educational Facilities, at least once every five (5) years the School Board shall arrange for an educational plant survey to be conducted. This plant survey describes the current educational plants and the estimated capital outlay needs resulting from a systematic study of present education and ancillary plants. This study also addresses the future needs, including long range planning, to provide an appropriate education program and services for each student based on projected capital outlay FTE’s (COFTE) approved or authorized for use by the Department of Education.

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This plant survey will include data regarding existing facilities and a five (5) year projection of student population. The written report from this survey shall include the following: Inventory An inventory of existing ancillary and educational plants and auxiliary

facilities. Student An analysis of past and projected student population. Population Capital Outlay An analysis of expenditures and projected capital outlay funds. Facilities Statements of proposed types of facilities, grade structure, and list student

capacity. Funding A proposed funding plan.

The information obtained from the educational plant survey will be used to generally monitor the progress of the objectives and policies contained in the Educational Element and will provide specific indicators for Objective EDU-1.1 and Objective EDU-1.4. The enforcement or adoption of interlocal agreements shall be explored as a means to help implement components of the Educational Element, and to coordinate the efficient provision of public educational facilities. The performance of any agreements related to objectives of this element will be monitored as they are set in place.

Objective EDU-1.1 policies relating to the maintenance and improvement of specific level of service for public educational facilities, as specified in the Educational Facilities Impact Fee Ordinance, shall be reviewed annually. Each year, the Miami-Dade County Public Schools will compare the official enrollment of the school system with the number of student stations available to determine the current operating LOS.

Objective EDU-1.2 will be measured through an annual review of the latest adopted Miami-Dade County Public Schools Facility Work Program in order to determine if the adopted concurrency level of service standard (including the Interim LOS standards) is being achieved. The number of development orders approved, those disapproved and those that have achieved LOS standards through mitigation options will also be reviewed.

Objective EDU-1.3 will be monitored through the annual inventory and assessment by the Miami-Dade County Public Schools of School Board owned property. The number of new sites shall be reported annually and in the full review period reported in the EAR.

Objective EDU-1.4 will be monitored through the review and analysis of the statistics relating to school safety, as compiled annually, by the Miami-Dade County Public Schools Division of Police. A review and analysis of new and existing reactive and proactive safety and crime prevention programs will also be conducted on an annual basis.

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Objective EDU-1.5 shall be monitored by the Miami-Dade County Public Schools by reporting and reviewing the progress and number of new and existing community oriented programs, including an enrollment analysis, by age and ethnicity, of adult, community and vocational programs.

Objective EDU-1.6 shall be monitored by the Miami-Dade County Public Schools by reporting the number of educational facility enhancements such as media centers, art/music suite, and science laboratories.

Objective EDU-1.7 will be addressed by implementing and tracking the development of appropriate mechanisms, including interlocal agreements and coordination efforts, which serve to expedite the provision or enhancement of public educational facilities.

Monitoring methods may be added or deleted as circumstances and criteria evolve. Any significant modifications to the monitoring process will be dealt with, as appropriate, through the Miami Comprehensive Neighborhood Plan amendment process. Evaluation Available data regarding the various public educational facilities will be used to assess progress on specific objectives. In order to evaluate the level of service being provided, student capacity totals will be reviewed in comparison to student enrollment to determine the status of the current level of service being provided. Similarly, performance in terms of achieving other objectives can also be analyzed by tracking the number of completed capital projects, as well as the development and implementation of other programs associated with each objective. Results of these calculations and measures will be analyzed and changing circumstances and opportunities will be considered. Any actions, changes or modifications to the Goal, Objectives, and Policies will be explained in accordance with the results of this process of continued monitoring and evaluation. Any necessary changes will be made through the Miami Comprehensive Neighborhood Plan amendment process. Future Conditions Maps Consistent with Section 163.3177(12) (g), Florida Statutes, Mmaps showing existing and future conditions are included in the element. A map series (Figures 1A, 2B and 3C through 1D within Appendix EDU-1) indicate the public school and ancillary facility locations anticipated by as December 31, 200716. ****SCHOOL BOARD NEEDS TO PROVIDE UPDATED MAP SERIES AS OF DECEMBER 31, 2016 *****

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CAPITAL IMPROVEMENTS Goal CI-1: Adhere to sound fiscal management policies that ensure the timely provision of public capital facilities required to maintain existing public infrastructure, that meet the need for public facilities resulting from future development and redevelopment, and that enable the provision of public capital facilities that enhance the quality of life within the city.

Objective CI-1.1: The Capital Improvements Element of the Comprehensive Plan will provide for the sound fiscal planning of capital facility needs and assess the financial capacity of the City to undertake capital improvement projects.

Policy CI-1.1.1: The Capital Improvement Element (CIE) and the Capital Improvement Program (CIP) represent the means by which the capital facilities needs of the city will be addressed, and both the CIE and CIP will be revised on an annual basis to reflect changes in the economic, social and public fiscal environment. The capital improvements schedule will cover a 5-year period and identify whether projects are either funded or unfunded and given a level of priority for funding. (2005/2)& (2011/45&76). Policy CI-1.1.2: All capital expenditures in excess of $5,000 per distinct project must appear within the CIE and CIP, with the exception of expenditures required to meet public emergencies or unforeseeable contractual obligations. Policy CI-1.1.3: The City will adopt a Capital Budget that corresponds to the first year of the CIE and CIP. Policy CI-1.1.4: As capital projects are incorporated into the CIE and CIP, consideration will be given to the elimination of public hazards, the elimination of shortfalls between the adopted level of service (LOS) standards and the existing capacity of public facilities; the impact of proposed capital projects on the capital and operating budgets of the City; the fiscal capacity of the City to meet future capital spending needs; the economic and social benefits to be generated by proposed projects; the environmental impacts of proposed projects; the public facility requirements of new development or redevelopment; consistency between proposed capital projects and the goals and objectives set forth in the various elements of the Miami Comprehensive Neighborhood Plan; and the coordination between proposed City projects and those projects and programs of federal, state, and county agencies and the South Florida Water Management District and Miami-Dade County Public Schools. Policy CI-1.1.5: In the appropriation of capital funds priority will be given to the maintenance, repair and replacement of existing public capital facilities.

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Policy CI-1.1.6: All bond authorizations must be in conformance with the capital facilities needs, programs and expenditure requirements as expressed within the City's Capital Improvement Element. Policy CI-1.1.7: The City will continue to seek the advice of qualified counsel to ensure the proper timing of debt issuance and efficient management of its capital financing resources. Policy CI-1.1.8: Debt issuance timing, size, and amortization schedules will be planned and executed to maintain a level repayment and minimize fluctuations in the ad valorem tax rate. Policy CI-1.1.9: Competitive sale will be utilized whenever possible to assure that the City obtains the most competitive interest rate in the municipal markets. Policy CI-1.1.10: The City will maintain its long standing policy of avoiding the issuance of short term financing in the form of Bond Anticipation Notes, and Revenue Anticipation Notes, unless there is a compelling need or extraordinary circumstance for such interim financing. Policy CI-1.1.11: The ratio of net direct general obligation debt as a percentage of the assessed valuation of taxable property will not exceed 25% of the Charter-mandated limit of 15% of the assessed valuation, or 3.75% of assessed valuation. Policy CI-1.1.12: Total debt service payments as a percentage of the Combined General Fund, Enterprise Fund, and Debt Service Fund expenditures shall not exceed 15%. Policy CI-1.1.13: To the greatest extent possible, capital projects financed through the issuance of general obligation bonds shall have an expected useful life commensurate with the period of the financing. Policy CI-1.1.14: Direct net general obligation and special obligation debt shall be maintained at below $1,000 2,000 per capita. Policy CI-1.1.15: The City will seek to attain a bond rating of investment grade to ensure that its citizens benefit from the lowest possible interest rates on its bonds. Policy CI-1.1.16: The City will assist where possible Miami-Dade County Public Schools and Miami Dade County in providing school concurrency related capital improvements and seeking to expand the funding sources available to meet those requirements.

Objective CI-1.2: Ensure through the City’s land development regulations that development orders authorizing new development or redevelopment that results in an increase in the density or intensity of land use shall be contingent upon the

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availability of public facilities and services that meet or exceed the minimum LOS standards for sanitary sewer, solid waste, stormwater, potable water, adequate water supply, parks and recreation, Schools and transportation facilities, and that land use map changes maintain the financial feasibility of the MCNP. (2011/44/85) (See Coastal Management Objective CM-1.4 or Educational Objective EDU-1.2.)

Policy CI-1.2.1: The impact of proposed future land use map changes on meeting adopted LOS standards and public capital facility needs will be assessed for their effect on the financial feasibility of the MCNP before such proposals are adopted and no land use map change will be approved if the change causes the MCNP not to be financially feasible.(2011/44&85) [Reserved] Policy CI-1.2.2: All development orders authorizing changes in permitted land uses for new development or redevelopment that results in an increase in the density or intensity of land use will be contingent upon the ability of existing or programmed public facilities to continue to provide service at or above the adopted LOS standard for the public facilities listed in Policy CI-1.2.3. The public facilities to serve the new development or redevelopment shall be in place and available to serve new development as follows:

a) Sanitary sewer, solid waste, potable water facilities and adequate water

supply shall be in place and available to serve new development or redevelopment no later than the issuance of a certificate of occupancy or its functional equivalent. The concurrency requirement for sanitary sewer may be met through the use of onsite sewage treatment and disposal systems approved by the Department of Health. Prior to approval of a building permit or its functional equivalent, the city shall consult with the Miami-Dade County Water and Sewer Department (MDWASD) to determine whether the adequate water supplies to serve the new development will be available no later than the anticipated date of issuance of a certificate of occupancy or its functional equivalent. Furthermore, MDWASD shall be responsible for monitoring the availability of water supplies for all water users of MDWASD and for implementing a system that links water supplies to the permitting of new development.

b) [Reserved] Park and recreation facilities shall be in place or under

construction to serve new development or redevelopment no later than one (1) year after the issuance of a certificate of occupancy or its functional equivalent. The acreage for such facilities shall be dedicated or acquired by the city prior to issuance of a certificate of occupancy or its functional equivalent, or funds in the amount of the developer’s fair share shall be committed no later than approval to commence construction. (2011/78)

c) Transportation facilities shall be in place and available to serve new

development or redevelopment no later than three (3) years after the issuance of a building permit or its functional equivalent that results in traffic generation, consistent with the provisions of Policy TR-1.1.1, TR-1.1.2 and TR-1.1.3. If the

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funds in the CIE are insufficient to fully fund the transportation facility improvement required, the City may enter into a binding proportionate-share agreement sufficient to mitigate the impacts by paying for one or more improvements which will significantly benefit the impacted transportation system, which improvements shall be adopted into the 5 year capital improvements schedule at the next annual CIE update. The City may also accept contributions from multiple applicants for a planned improvement if it maintains contributions in a separate account (2013/10)

d) Storm-sewer. Issuance of any development permit shall require compliance

with the stormwater level of service standard.

Policy CI-1.2.3: Acceptable Level of Service Standards for public facilities in the City of Miami are:

a) Recreation and Open Space – Provide a municipally-owned park within a ten-

minute barrier-free walk to park entrances by 72% of the city’s population as measured by GIS pedestrian network analysis. A ten-minute walk will be defined as a one-half mile, barrier-free distance on a safe pedestrian route. Barrier-free means a continuous walk on a sidewalk or designated pedestrian route that may include crossing streets but does not encounter barriers such as walls or highway embankments that impede passage. Safe pedestrian routes include those that may include crossing of streets with speed limits of up to 40 mph. (See Parks, Recreation and Open Space Policy PR-1.1.4.).

b) Potable Water Transmission Capacity – 92.05 gallons/ resident/ day. (See

Potable Water Policy PW-1.2.1 and Natural Resource Conservation Policy NR-2.1.5.).

c) Sanitary Sewer Transmission Capacity – 141 gallons/ resident/day. (See

Sanitary and Storm Sewers Policy SS-1.3.1.) d) Storm Sewer Capacity – One-in-five-year storm event. (See Sanitary and

Storm Sewers Policy SS-2.1.3.) e) Solid Waste Collection Capacity – 1.28 tons/resident/year. (See Solid Waste

Collection Policy SW-1.1.1.) f) Traffic Circulation – The minimum level of service standard on limited access,

arterial, and collector roadways that are not within designated Transportation Corridors is the peak period LOS E, with allowable exceptions and justifications with LOS measured by conventional methodology pursuant to Objective TR-1.1, Policy TR-1.1.1, Policy TR-1.1.2 and Policy TR-1.1.3. The measurement of LOS is made for the peak period (which is the average of the two highest consecutive hours of trip volume during a weekday). Within designated Transportation Corridors, which include approximately 95% of the

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roadway mileage within the City of Miami, a minimum peak period LOS E is also maintained, but the measurement methodology is based on the peak period person-trips wherein the capacities of all modes, including mass transit, are used in calculating the LOS. An overall minimum peak-period LOS standard of E (100 percent utilization of person-trip capacity) will be maintained on Transportation Corridors. Specific levels of service by location and mode are set out in Policies TR-1.1.2 (addressing transportation corridors) and TR-1.1.3 (addressing FIHS facilities) from the Transportation Element of the MCNP.

g) Miami-Dade Public Schools - Beginning January 1, 2008, the adopted level of

service (LOS) standard for all Miami-Dade County public school facilities is 100% utilization of Florida Inventory of School Houses (FISH) Capacity (With Relocatable Classrooms). This LOS standard shall be applicable in each public school concurrency service area (CSA), defined as the public school attendance boundary established by the Miami-Dade County Public Schools.

h) Adequate Water Supply -- As determined by the Miami-Dade County Water

and Sewer Department.

Policy CI-1.2.4: The latest point in the application process for determination of concurrency shall be prior to the approval of an application for development order or permit that contains a specific plan for development, including the densities and intensities of development. Concurrency will be determined by the Planning Department during the review of a Major Use Special Permit large scale development project (projects that exceed 200,000 square feet and/or 199 dwelling units or similar consideration), land use/ rezoning changes, Development Agreements (2013/9) , and special permits and exceptions pursuant to the City’s land development regulations. Policy CI-1.2.5: The Planning Department, with the assistance of various City departments and agencies, shall be responsible for monitoring and ensuring adherence of the issuance of development orders to the adopted level of service standards, the schedule of capital improvements and the availability of public facility capacity.

Policy CI-1.2.6: Rise in sea level projected by the federal government, and refined by the Southeast Florida Regional Climate Change Compact, shall be taken into consideration in all future decisions regarding the design, location, and development of infrastructure and public facilities in the City to meet or exceed adopted Level of Service (LOS) Standards. (See related policy CM-1.4.2) Policy CI-1.2.7: Governmental entities that are not responsible for providing, financing, operating, or regulating public facilities needed to serve development may not establish binding level-of-service standards on governmental entities that do bear those responsibilities.(2011/79)

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Policy CI-1.2.8: The duration of a Development Agreement may not exceed 30 years, unless it is extended by mutual consent of the governing body and the developer, subject to a public hearing in accordance with s. 163.3225. No Development Agreement shall be effective or be implemented by a local government unless the local government’s comprehensive plan and plan amendments implementing or related to the agreement are in compliance with s. 163.3184. (2007/8)

Objective CI-1.3: Ensure that future development and redevelopment pay an equitable, proportionalte share of the cost of public facilities required to maintain adopted LOS standards.

Policy CI-1.3.1: The City will continue to use developer contributions, including development impact fees, to help fund the cost of public facilities needed to serve new development or redevelopment. If a property owner contributes right-of-way and expands a state transportation facility, and such construction or expansion improves traffic flow, capacity, or safety, such contribution may be applied as a credit against any future transportation concurrency requirement. Chapter 2007-196, Laws of Florida, and ss 339.282.(2007/10) Policy CI-1.3.2: The City will periodically revise all fees related to the impact of new development and redevelopment to reflect increases in the cost of providing public capital facilities. Policy CI-1.3.3: The City will consider the use of special assessment districts to help fund capital projects whose public benefits tend to be localized to specific geographic sub areas of the city. Policy CI-1.3.4: The City will take appropriate measures to ensure that increased property values resulting from new development and redevelopment are accurately reflected on the County Tax Assessor's property tax rolls in a timely manner. Policy CI-1.3.5: The City will work with the Miami Dade County and the Miami-Dade County Public Schools to identify appropriate funding mechanisms in order to assure the fiscal resources to maintain acceptable levels of service. Policy CI-1.3.6: The Miami-Dade County Public Schools Facilities Work Program will be evaluated on an annual basis to ensure that the level of service standards will continue to be achieved and maintained throughout the planning period.

Objective CI-1.4: Ensure that public capital expenditure within the Coastal Zone does not encourage private development that is subject to significant risk of storm damage. (See Coastal Management Objective CM-4.3.)

Policy CI-1.4.1: Public expenditures for capital facilities in the coastal high hazard area will be limited to those required to eliminate existing LOS deficiencies, maintain adopted LOS standards in non-high hazard areas, improve hurricane evacuation time,

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or reduce the threat to public health and safety from storm events. (See Coastal Management Policy CM-4.3.1.) Policy CI-1.4.2: Public expenditures for capital facilities in the coastal zone intended to further the goals and objectives of the Miami Comprehensive Neighborhood Plan will be limited to those projects that do not measurably increase the risk to public health and safety from storm damage. (See Coastal Management Policy CM-4.3.2.)

Objective CI-1.5: The City’s Capital Improvements Program and Schedule is adopted as follows in Appendix CI-1 of the MCNP.

CONCURRENCY MANAGEMENT PROGRAM

Concurrency refers to a provision of Florida law that requires certain public facilities and services to be available when the impact of land development occurs. They must be available “current with” the impact of development.

Paraphrasing Section 163.3202, Florida Statutes, each county and municipality must incorporate specific and detailed provisions which shall provide that public facilities and services meet or exceed the Levels of Service (LOS) standards established in the Plan's Capital Improvements Element and are available when needed for the development, or that the development orders or permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development. Levels of Service (LOS) are measures that determine the capacity of the public facility per unit of demand. Local governments are required to adopt LOS standards for the following services: Recreation and Open Space Potable Water Sanitary Sewer Storm Drainage Solid Waste Traffic Circulation

Educational/ Public School Facilities

The Levels of Service for each element are adopted by the local government in its Comprehensive Plan and approved by the state. Consequently, if any of the facilities or services are not available, or are deficient in their LOS, development cannot take place until they are provided at the required level, and “concurrent with” the impact of the development. In addition, the City is not required to approve a development that, for reasons other than transportation impacts, is not qualified for approval pursuant to the applicable local comprehensive plan and land development regulations. (2013/12)

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Because the City of Miami is a fully developed city, its adopted 2020 Future Land Use Map is designed so that the land use densities and intensities shown on it are supported by appropriate infrastructure that will meet the cities adopted LOS standards. Moreover, Miami’s zoning regulations have been made consistent with its adopted 2020 Future Land Use Maps required by Florida’s Growth Management Laws. Therefore, development or redevelopment that does not exceed allowable zoned uses and intensities will not require concurrency review as a condition of issuance, because it is generally supported by adequate infrastructure. If a development permit being requested requires a Land Use/ Zoning change, Development Agreement (2013/9), or a Major Use Special Permit considered a large scale projects or similar consideration, a concurrency review will be required. Impacts of the proposed development on the required LOS standards will be calculated, and a determination made as to whether the required infrastructure capacity will be available concurrent with the impact of development. Planning Department will consult departments of PW, SW, Parks & Recreation, Transportation, and others as appropriate for input to the LOS impact evaluation.

An affirmative principal concurrency determination will be required before a prospective developer can obtain a subsequent development order.

Public School Facilities: Necessary public school facilities must be in place or under actual construction within three years after of final issuances of final subdivision of site plan approval, or the functional equivalent.

The City in coordination with the Miami-Dade County Public School shall by ordinance, include proportionate share mitigation methodologies and options for public school facilities in its concurrency management program and Interlocal Local Agreement for Public Facility Planning between Miami-Dade County Public Schools, Miami-Dade County and the Cities in Miami-Dade County, consistent with the requirements of Chapter 163, Florida Statutes. The intent of these options is to provide for the mitigation of residential development impacts on public school facilities, guaranteed by a legal binding agreement, through mechanisms that include, one or more of the following: contribution of land; the construction, expansion, or payment for land acquisition or construction of a permanent public school facility; or, the creation of a mitigation bank based on the construction of a permanent public school facility in exchange for the right to sell capacity credits.

Capital improvements associated with the construction of educational facilities are the responsibility of the Miami-Dade County Public School. To address financial feasibility associated with school concurrency (2011/44), Tthe Miami-Dade County Public School Facilities Work Program dated September 2007 for educational facilities will be incorporated by reference in the CIE.

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The City shall coordinate with the Miami-Dade County Public Schools, to annually update its Facilities Work Program to include existing and anticipated facilities for both the 5-year and long-term planning periods, and to ensure that the adopted level of service standard, including interim standards, will continue to be achieved and maintained. The City, through its annual update to the Capital Improvements Schedule, will incorporate by reference the latest adopted Miami-Dade County Public Schools Facilities Work Program for educational facilities. The City and the Miami-Dade County Public School will coordinate their planning efforts prior to and during the MCNP Amendment process and during updates to the Miami-Dade County Public Schools Facilities Work Program.

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INTERGOVERNMENTAL COORDINATION Goal IC-1: Increase effectiveness and efficiency in the delivery of government services through the appropriate coordination of local government actions.

Objective IC-1.1: To establish formal procedures for coordinating City planning and operating functions that are directly related to the City's comprehensive plan with the Miami-Dade County School Board, Miami-Dade County Water and Sewer Authority Department, Miami-Dade County Public Works Department, Solid Waste Division, Miami-Dade County Department of Environmental Resource Management (DERM) Department of Regulatory and Economic Resources, Environmental Resources Management

Division (DRER), the Seaport Department (Port of Miami), Aviation Department (Miami International Airport), the Miami-Dade County Metropolitan Planning Organization, the Miami-Dade County Shoreline Development Review Committee, Miami-Dade Transit, the South Florida Regional Transportation Authority, the South Florida Regional Planning Council, the South Florida Water Management District, the Florida Department of Transportation, the Florida Department of Environmental Regulation, the Florida Department of Health and Rehabilitative Services, the Division of Historical Resources, Department of State, adjacent local governments, and any other state, local or federal agency whose cooperation is required to accomplish the goals and objectives of the comprehensive plan.

Policy IC-1.1.1: By 2005, establish by interlocal or other formal agreement with appropriate jurisdictions joint processes for collaborative decision making on issues including, but not limited to, the location and extension of public facilities subject to concurrency and the siting of facilities with countywide significance, including locally unwanted land uses. Policy IC-1.1.2: The City will continue implementation activities associated with the Amended and Restated Interlocal Agreement for Public School Facility Planning in Miami-Dade County, effective February 27, 2003,December 20, 2007, including, but not limited to, coordinating City, County, and School Board plans based upon consistent projections of the amount, type, and distribution of population growth and student enrollment; participating in decision-making, through floating membership on the School Board’s School Site Planning and Construction Committee, regarding potential sites for new schools and proposals for significant renovation, the location of relocatables or additions to existing buildings, and potential closure of existing schools; and collaborating to identify options aimed to provide the capacity to accommodate anticipated student enrollment demand associated with increases in residential development potential. Policy IC-1.1.3: [Reserved]

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Policy IC-1.1.4: The City will continue to seek membership on the Biscayne Bay Management Committee, the principal coordinating body for Biscayne Bay, as a means of expressing its policies pertaining to Biscayne Bay. Policy IC-1.1.5: The City shall maintain its membership and involvement with committees and groups addressing the environmental healthy and water quality of Biscayne Bay. Policy IC-1.1.6: The city will coordinate with county, state and local governments, districts and agencies to create partnerships to share open spaces and recreational facilities and promote enhancement and expansion of parks, recreational facilities and programs, greenways, trails and similar resources for use by Miami residents.

Policy IC-1.1.7: The City will continue to implement the Florida Department of Environmental Protection (FDEP), National Pollutant Elimination System (NPDES) Permit addressing the requirements for compliance with the Total Maximum Daily Load (TMDL) for pollutants entering city bound water bodies and ultimate Biscayne Bay. Policy IC-1.1.8: The City shall coordinate with the South Florida Water Management District (SFWMD) to accommodate its water supply and management planning and permitting process, the City's adopted population projections, spatial characteristics of the MCNP Land Use Plan map, and policies of the MCNP Land Use, Natural Groundwater Aquifer Recharge and Coastal Management Elements. It is further City policy to accommodate future population and economic growth by utilizing the range of alternative water supply technologies outlined under MCNP Potable Water Element Objective PW-1.2, including sources from expanded and/or new Florida Aquifer wellfields, Floridian Aquifer storage and recover (ASR) techniques, water conservation methods, water reclamation, water and wastewater reuse and other advanced technologies.

Policy IC-1.1.9: In its development of future potable water supplies and the Water Supply Facilities Work Plan as outlined in Objective PW-1.3, the City shall consider, and be compatible, with the South Florida Water Management District's Lower East Coast Regional Water Supply Plan. Policy IC-1.1.10: The City of Miami shall coordinate with Miami-Dade County WASD by requiring applications to be reviewed by MDWASD during the site plan review process prior to approving a Building Permit, in order to determine whether adequate water supplies will be available to serve the development by the anticipated issuance date of the certificate of occupancy for properties located within the City of Miami. The City will monitor proposed amendments to the Miami-Dade County Comprehensive Development Master Plan as they relate to water supply planning and sea level rise in the City of Miami and provide input as necessary.

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Policy IC-1.1.11: The City shall participate in the Southeast Florida Regional Climate Change Compact and shall coordinate with other agencies, local municipalities, and the private sector to develop initiatives and goals to address climate change mitigation and adaptation. Climate related goals that support regional climate change objectives shall be integrated into the City’s Comprehensive Plan as appropriate. Policy IC-1.1.12. All City departmental master plans and strategic business plans shall include and prioritize climate change mitigation and adaptation strategies. Climate change related amendments shall be recommended through the next feasible, regularly scheduled amendment process or departmental master plan update for each respective planning document.

a) Each City department shall consider extending planning horizons as appropriate to adequately address (i.e. 30, 50, 75-year plans) the projected long-term climate change impacts into resource allocation recommendations. b) All new departmental climate change policies and programs shall be monitored for effectiveness.

Goal IC-2: Promote orderly and appropriate regional land development and transportation policies through consultations with Miami-Dade County, adjacent counties, the region, and locally impacted municipalities.

Objective IC-2.1: To further and strengthen existing and potential planning coordination mechanisms to ensure that consideration is given to both the impacts of land development and transportation policies within Miami on areas outside the City's jurisdiction and the impacts of land development outside the City's boundaries on the City of Miami.

Policy IC-2.1.1: The City will continue its active participation in the Miami-Dade Planners’ Technical Committee (PTC) for the purpose of addressing common concerns and sharing resources toward solving planning problems, water supply needs and coordinate water use and sea level rise issues as needed with particular emphasis on examining State of Florida planning requirements in the context of Miami-Dade County’s unique governmental structure to more effectively coordinate local planning efforts. Policy IC-2.1.2: Working through the Planners’ Technical Committee, the City will share copies of its comprehensive plan and plan amendments as well as information regarding scheduled comprehensive planning-related public hearings for the benefit of adjacent and other interested jurisdictions, and will encourage other participating jurisdictions to provide this information as well. Policy IC-2.1.3: The City will support the South Florida Regional Planning Council in developing informal coordination mechanisms such as regional issue study groups

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that coordinate land development and transportation policies among local governments; and to establish mediation mechanisms to resolve potential regional conflicts. (See Intergovernmental Coordination Policy IC-3.1.1.) Policy IC-2.1.4: The City shall coordinate with Miami-Dade County’s SMART Plan, which specifically aims to provide premium transit service along roadways in the City including Biscayne Boulevard and West Flagler Street. (See TR- 2.4.1.) Policy IC-2.1.5: The City shall regularly coordinate with Miami-Dade County, FDOT, and other public agencies to improve regional mobility by ensuring that future improvements to the transportation network are consistent with the South Florida Regional Transportation Authority’s (SFRTA), the Port of Miami’s, Miami River’s and the Miami International Airport’s long range master plans. (See TR-2.4.2.) Policy IC-2.1.6: The City shall continue to coordinate with SFRTA, FDOT, Miami-Dade County, and other local agencies to support and develop plans to implement the FEC Coastal Link Commuter Rail. (See TR-2.4.5.) Policy IC-2.1.7: The City shall coordinate its transportation planning activities with the annual update to the MPO’s Five-Year Transportation Improvement Program (TIP) and their LRTP update. (See TR-2.4.6.) Policy IC-2.1.8: The City shall continue to coordinate with Miami-Dade County to promote public transit and shared transportation services by educating and informing the public of these services via app-based technologies, informative websites, and other means of communication to increase transit ridership. (See TR-2.4.8.) Policy IC-2.1.9: The City shall continue to coordinate with Miami-Dade County to improve the east-west transit services within the City to alleviate traffic congestion. (See TR-2.5.1.) Policy IC-2.1.10: The City shall continue to coordinate with Miami-Dade County to address the transit needs consistent with transit planning guidelines while considering population growth trends within the City. (See TR-2.5.4.) Policy IC-2.1.11: The City shall in coordination with Miami-Dade Transit and FDOT develop, prioritize, and implement sidewalk and bicycle infrastructure improvements that are adjacent to transit routes/corridors and transit stations in order to improve connectivity between transit and other non-motorized modes of transportation while promoting the use of alternative travel modes. (See TR-2.6.3.) Policy IC-2.1.12: The City shall regularly coordinate with Miami-Dade County to improve the efficiency of its public transit system by supporting transit-oriented development policies and promoting the use of alternative travel modes within the City. (See TR- 2.7.2.)

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Policy IC-2.1.13: The City shall, in coordination with Miami-Dade County and FDOT, leverage technology to provide user-friendly trip planning services that include all transportation modes. (See TR-2.10.3.) Policy IC-2.1.14: The City shall, in coordination with Miami-Dade County and FDOT, promote and share all existing transportation-related data, sources, and tools to the public in an effort to create an open and user-friendly data repository that could be used for analysis and future private or public technology development that aims to improve the efficiency of the transportation network. (See TR-2.10.4.) Policy IC-2.15: In coordination with Miami-Dade County, FDOT, and other public agencies, the City shall facilitate the development and maintenance of real-time traffic and traveler data that helps monitor the overall transportation system and evaluate its performance. This information should be made available to the public and should be delivered to users in a familiar way that promotes data sharing, thus benefiting the wider community. (See TR-2.10.7.) Policy IC-2.1.16: The City shall, in coordination with Miami-Dade County and FDOT, collect relevant data necessary for better estimating vehicle occupancy rates pursuant to the person-trip methodology. (See TR-2.11.1.) Policy IC-2.1.17: The City shall, in coordination with Miami-Dade County and FDOT, periodically collect bicycle and pedestrian count data throughout the City to better understand the use and demand of the non-motorized transportation network and to develop and implement improvement projects based on needs. (See TR-2.11.2. Policy IC-2.1.18: The City shall, in coordination with Miami-Dade County and FDOT, identify any transit service adjustments and improvements to the bicycle network as to maintain an updated understanding of the existing transit corridors for the interpretation and implementation of the person-trip LOS methodology. (See TR-2.11.3.)

Policy IC-2.1.4: [Reserved]

Objective IC-2.2: [Reserved]

Policy IC-2.2.1: [Reserved]

Goal IC-3: Contribute to an atmosphere of cooperation among local governments within Miami-Dade County.

Objective IC-3.1: Maximize the use of informal, cooperative agreements as mechanisms for intergovernmental conflict resolution within Miami-Dade County and minimize the use of litigation.

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Policy IC-3.1.1: The City will exhaust all efforts to solve intergovernmental conflicts arising from adoption and implementation of comprehensive plans through informal mechanisms, including but not limited to working through the Miami-Dade Planners’ Technical Committee or utilizing the Miami-Dade County League of Cities and the South Florida Regional Planning Council's mediation process pursuant to s. 186.509 (2009/6),, before seeking remedies through the judicial system, provided that efforts at informal resolution do not prevent the City from seeking legal remedies, or jeopardize the City's ability to prevail in any legal action. (See Intergovernmental Coordination Policy IC-2.1.3.) Policy IC-3.1.2: By interlocal agreement, in accordance with the provisions of chapter 163.3177(6)(h)1.c.and ss 333.03(1)(b) the City shall adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area. (2009/7) Policy IC-3.1.3: The City will seek cooperative agreements, as necessary, with Miami-Dade County and with the FDOT to ensure that the County and State's transportation improvements are designed to minimize the intrusion of commuter traffic on City residential streets, do not sever or fragment well-defined neighborhoods, and do not result in major disruption to pedestrian traffic. (See TR-1.4.1.)

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miami comprehensive neighborhood plan (mcnp) and

Documents