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HomeMy WebLinkAboutO-13938City of Miami l i , J'f Legislation Ordinance: 13938 File Number: 7291 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO EXPEDITED STATE REVIEW PROCEDURES ESTABLISHED IN SECTION 163.3184, FLORIDA STATUTES, BY ADDING TWO (2) POLICIES TO THE FUTURE LAND USE ELEMENT AND AMENDING THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP FOR INDUSTRIAL LAND USE TO ALLOW LODGING USES ON LANDS WITHIN THE CITY OF MIAMI DESIGNATED AS INDUSTRIAL; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Manolo Reyes, Commissioner Keon Hardemon WHEREAS, on February 9, 1989, Ordinance No. 10544 was adopted as the City of Miami's Neighborhood Comprehensive Plan ("MCNP") pursuant to Chapter 163, Part II, Florida Statutes; and WHEREAS, the MCNP contains a Future Land Use Element and a Future Land Use Map ("FLUM"), which both establish goals, objectives, and policies for land use within the City of Miami ("City"); and WHEREAS, there are sixteen (16) different Future Land Use designations available within the City's FLUM; and WHEREAS, approximately two percent (2%) of the land within the City is designated as Industrial on the FLUM; and WHEREAS, approximately forty-six percent (46%) of the land within the City is designated as either Single -Family Residential or Duplex Residential on the FLUM; and WHEREAS, the City has been designated a Dense Urban Land Area ("DULA") pursuant to Section 380.0651(3)(a), Florida Statutes, and the DULA designation is memorialized by the State of Florida's ("State") Office of Economic and Demographic Research annually; and WHEREAS, the City was designated an Urban Infill Area pursuant to Chapter 163, Florida Statutes, with the adoption of Ordinance No. 11864 on November 16, 1999, recognizing that the City is an area of dense and intense development where additional development should be facilitated to avoid unnecessary greenfield development; and WHEREAS, the statutory provisions for designating DULAs and Urban Infill Areas were established by the Florida Legislature to encourage compact and urban development, stimulate economic development, and protect environmental resources by preventing sprawling land development in the State; and City of Miami Page 1 of 7 File ID: 7291 (Revision: C) Printed On: 1212812020 File ID: 7291 Enactment Number: 13938 WHEREAS, the Single -Family Residential and Duplex Residential Future Land Use designations are highly restrictive against mixes of uses and increases in Density beyond the duplex typology despite the fact that the City is designated as a DULA and an Urban Infill Area; and WHEREAS, data collected from the Greater Miami Convention and Visitor's Bureau show that approximately 2.5 million people visited the City and spent at least one (1) night in the City in 2018; and WHEREAS, the five (5) most common Existing Land Uses for addresses within the Industrial Future Land Use designation are (1) "Warehouse or Storage" accounting for 37.2 percent of the addresses within this designation; (2) "Light Manufacturing and Food Processing" accounting for 18.6 percent of the addresses within this designation; (3) "Vacant Land" accounting for 9.9 percent of the addresses within this designation; (4) "Auto or Marine Mixed - Use" accounting for 5.5 percent of addresses within this designation; and (5) "Retail Outlet" accounting for 4.0 percent of addresses within this designation; and WHEREAS, the City's Planning Department found that the contemporary adaptation of urban industrial spaces calls for a greater mix of uses in compact spaces to increase walkability and pedestrianism and to stimulate economic activity; and WHEREAS, the City's Planning Department found that a key demand for the adaptation of urban industrial space is for hotel and motel use where negative externalities are not present for such use; and WHEREAS, after full consideration at a public hearing on March 4, 2020, by a vote of seven to one (7-1), the Planning, Zoning and Appeals Board recommended denial to the City Commission of the proposed amendment stated herein to the MCNP to include lodging uses on land within the City designated Industrial on the FLUM; and WHEREAS, on July 22, 2010, the City Commission adopted Resolution No. R-10-0327 and Ordinance No. 13189, which approved a stipulated settlement agreement with the Florida Department of Community Affairs ("DCA") and the Intervenor, the Miami River Marine Group, Inc., regarding a dispute over certain amendments to the MCNP affecting the Miami River ("Settlement"); and WHEREAS, Ordinance No. 13189 also incorporated amendments to the MCNP pursuant to the Settlement; and WHEREAS, this proposed amendment will not impair the classification of "recreational and commercial working waterfronts" as defined in Section 342.07, Florida Statutes, and all uses will comply with any and all settlements the City has previously entered into regarding recreational and commercial working waterfronts, including but not limited to the Settlement; and WHEREAS, the categorization of the Miami River into the Lower River (from Biscayne Bay to the 5th Street Bridge), the Middle River (from the 5th Street Bridge to the Northwest 22nd Avenue Bridge), and the Upper River (from the 22nd Avenue Bridge to the Salinity Dam) is generally accepted by stakeholders of the Miami River and memorialized by several Planning Department documents, including the Miami River Corridor Infill Plan and the Miami River Greenway Action Plan; and City of Miami Page 2 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020 File ID: 7291 Enactment Number: 13938 WHEREAS, the Lower River is the portion of the Miami River that flows through Downtown Miami and is heavily urbanized with many properties along the Miami River already developed with uses typical of downtown areas; and WHEREAS, Section 342.07, Florida Statutes, states "'recreational and commercial working waterfront"' means a parcel or parcels of real property which provide access for water - dependent commercial activities, including hotels and motels as defined in s. 509.242(1), or provide access for the public to the navigable waters of the state"; and WHEREAS, consideration of this matter has led to the conclusion that limited Lodging Uses may be appropriate in some of the Industrial areas of the City and that Lodging Uses are not appropriate in properties along the Middle or Upper River; and WHEREAS, the City desires additional studies of the properties along the south side of the Lower River and wishes to allow the Lodging Uses in Industrial areas as described herein for properties along the north side of the Lower River only at this time; and WHEREAS, in the Industrial areas of the City where Lodging Uses may be considered, careful scrutiny is needed; and WHEREAS, this proposed amendment was transmitted to the State's Department of Economic Opportunity, the State's Department of Environmental Protection, the State's Department of State, the State's Department of Transportation, the South Florida Regional Planning Council, the South Florida Water Management District, and the Miami -Dade County Regulatory and Economic Resources pursuant to the Expedited State Review process as required by Section 163.3184, Florida Statutes; and WHEREAS, none of the above agencies provided any comments through the Expedited State Review process regarding this proposed amendment to the MCNP; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its residents to amend the MCNP as set forth herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The MCNP is further amended pursuant to Expedited State Review amendment procedures as stated in Section 163.3184, Florida Statutes, by amending the text of the Policies and the FLUM Interpretation of the MCNP as follows:' "FUTURE LAND USE ' Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 3 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020 File ID: 7291 Enactment Number: 13938 Policy LU-1.2.6: In recognition of interest in emerging urban industrial development patterns, the City recognizes that development of lodging facilities within the Industrial Future Land Use designation may spur economic development and encouraae more efficient use of land. Policy LU-1.2.7: Appropriate Land Development Regulations will be adopted to address and, as necessary, prevent negative externalities to the development of lodging within Industrial areas of the City. Interpretation of the 2020 Future Land Use Map 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. Lodging uses are permitted in this designation subject to limiting provisions of the applicable land development regulations. Areas designated "Industrial" allow a maximum density of "Medium Density Multifamily Residential" subject to limiting provisions of the applicable land development regulations. Development shall be subject to the Port of Miami River Sub -Element, as applicable. All uses must comply with any previous settlement agreements the City has entered into relating to recreational and commercial working waterfronts and the Miami River and not impair recreational and commercial working waterfronts as defined in Section 342.07, Florida Statutes. 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. City of Miami Page 4 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020 File ID: 7291 Enactment Number: 13938 Correspondence Table — Zoning and Comprehensive Plan Transect Miami 21 October 2009 MCNP Dwelling Units Transect Zone Future Land Use Per Acre Max. T3 SINGLE-FAMILY RESIDENTIAL 9 du/ac R, L SUB -URBAN T3 O DUPLEX RESIDENTIAL 18 du/ac T4 R LOW DENSITY MULTIFAMILY RESIDENTIAL 36 du/ac* GENERAL URBAN T4 L' LOW DENSITY RESTRICTED COMMERCIAL 36 du/ac T5 R MEDIUM DENSITY MULTIFAMILY 65 du/ac* URBAN CENTER RESIDENTIAL T5 L,O MEDIUM DENSITY RESTRICTED 65 du/ac* COMMERCIAL T6-(8 — 48) R HIGH DENSITY MULTIFAMILY RESIDENTIAL URBAN CORE 150 du/ac* T6-(8 — 48) RESTRICTED COMMERCIAL, GENERAL L, O COMMERCIAL D1 WORK PLACE 36 du/ac LIGHT INDUSTRIAL D2 INDUSTRIAL ",65 du/ac** INDUSTRIAL D3 MARINE INDUSTRIAL N4X65 du/ac**t T6-80 R,L,O URBAN CORE CENTRAL BUSINESS DISTRICT 1000 du/ac* Cl CIVIC INSTIUTIONAL MAJOR INSTITUTIONAL, PUBLIC FACILITIES, 150 du/ac TRANSPORTATION, AND UTILITIES CIVIC INSTITUTION CI -HD — HEALTH MAJOR INSTITUTIONAL, PUBLIC FACILITIES, 150 du/ac* DISTRICT TRANSPORTATION, AND UTILITIES civic PUBLIC PARKS AND RECREATION N/A CS SPACE/PARKS COMMERCIAL RECREATION N/A T1 NATURAL CONSERVATION N/A * Indicates maximum residential density may be increased by up to one hundred percent (100%), subject to the detailed provisions of the applicable land development regulations and City of Miami Page 5 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020 File ID: 7291 Enactment Number: 13938 the maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements. ** Indicates Lodging Use occupancy equivalent to 65 du/ac is permitted 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. t Indicates Lodging Uses are only permitted in the property abutting the Miami River with the appropriate Future Land Use designation on the north side of the "Lower River," or that area from Biscayne Bay to the Fifth Street Bridge, subject to the detailed provisions of the applicable land development regulations, maintenance of required levels of service for facilities and services included in the City's adopted concurrency management requirements, and compliance with the City's Stipulated Settlement Agreement adopted by the City Commission through Resolution No. R-10-0327 and the related Remedial Actions adopted by Ordinance No. 13189. *„ Section 3. The City Commission finds that the MCNP amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184, Florida Statutes; (c) Involves a text change to the Goals, Objectives, and Policies of the Future Land Use Element and to the Interpretation of the 2020 FLUM; (d) Is one which is not located within an area of critical State concern as designated by Section 380.0552, Florida Statutes, or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Complies with the applicable density limitations set forth in the MCNP and Land Development Regulation Act, if applicable. Section 4. This amendment shall not impair the classification of "recreational and commercial working waterfronts" as defined in Section 342.07, Florida Statutes, and all uses will comply with any and all previous settlements the City has entered into regarding recreational and commercial working waterfronts, including but not limited to the Settlement. Section 5. The City transmitted a copy of this proposed amendment to all required reviewing agencies after First Reading pursuant to Section 163.3184, Florida Statutes. Section 6. All comments received from the reviewing agencies, if any, were taken into consideration for any necessary revisions for Second Reading of this proposed amendment. Section 7. The City Manager is directed to transmit a copy of the adopted amendment along with supporting data and analysis to the State's Land Planning Agency and all agencies or local governments that provided timely comments after First Reading within ten (10) working days after Second Reading. Section 8. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. City of Miami Page 6 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020 File ID: 7291 Enactment Number: 13938 Section 9. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State's Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State's Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: ria i dez,C ity Attor iey 6/23/2020 ria i " dez, C Fty Attor iey 6/1/2020 ria i " dez, JC ity Attor iey 6/22/2020 ria i " dez, ity ttor ey 11/5/2020 ! Vft6riai dez,City Attor iey 11125/2020 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 7 of 7 File ID: 7291 (Revision: C) Printed on: 1212812020