Loading...
HomeMy WebLinkAboutStaff AnalysisV1',c7r. ?� fr ineoere oeaa Eo ;`* City of Miami Planning Department STAFF ANALYSIS FOR MIAMI 21 TEXT AMENDMENT/MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN AMENDMENT Applicant City of Miami Location Citywide Planner Sue Trone, AICP, Chief of Comprehensive Planning Recommendation Approval REQUEST The Planning Department recommends approval of the proposed changes to Ordinance Number 13114, the zoning ordinance of the City, also known as Miami 21, to update regulations in the District Zone for allowance of lodging uses. In addition, the Planning Department recommends approval to the proposed changes to the Miami Comprehensive Neighborhood Plan (MCNP), traveling under File ID 7291, that will allow hotel uses in the Industrial Future Land Use (FLU) designation. INTRODUCTION The City began the process for successful implementation of these regulations by bringing forward amendments to the MCNP. The proposed changes to the MCNP were presented to the Planning, Zoning, and Appeals Board (PZAB) on March 4, 2020 and City Commission on June 11, 2020. If adopted, these amendments will allow density, up to 65 du/ac, in the Industrial FLU designation with the caveat that this is limited for hotel/motel uses. Further limitations included in these amendments are that the hotel/motel use in the properties that have an Industrial designation along the Miami River will only be allowed in the Lower River —that is defined as the area from Biscayne Bay to the Fifth Street Bridge. The policy refers to the Land Development Regulations for detailed provisions that will apply to the use. The Miami 21 amendments will require all lodging uses in the D2 and D3 Transect to only be approved by Exception with City Commission approval. The Planning Department has conducted outreach with stakeholders with properties in Industrial areas of the City interested in this change —the greatest interest has come from those stakeholders along Miami River. Staff have investigated the processes the City should undertake to most prudently adopt these regulations. This Report summarizes staff's research and recommendations. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 1 The text amendment to the comp plan establishes that the citywide introduction of hotel/motel use to the Industrial FLU designation is first premised upon the City's designation as an Urban Infill Area "UIRA"' and a Dense Urban Land Area "DULA". These designations are local memorializations of statutory authority. Locally, the City adopted virtually the entire municipal boundary into its "Urban Infill Area" with exception of Virginia Key and spoil islands, pursuant to Sec. 163.2511, FS. This state policy, known as the "Growth Policy Act," is intended to curb the unintended consequences of suburban sprawl created by concurrency requirements, as initially introduced to local governments through the Growth Management Act of 1985 (Pelham, 2007). The City's DULA designation was the local adoption of the statutory provision that allowed dense cities to circumvent cumbersome reviews of developments of regional impact (DRIs). Implicit in these state policies and Miami's local adoption of them is that dense, compact cities benefit by efficiencies environmentally and economically (Stroud, 2012). INVENTORY OF LAND USES The City of Miami implements its comprehensive plan, in part, through its Land Development Regulations (LDRs), or Miami 21. With few exceptions, the following FLU designations from the MCNP are implemented with the corresponding Miami 21 Transects. FLU Designations and Corres on ing Transects for Industrial Uses MCNP FLU Designation Corresponding Miami 21 Transect for Implementation Industrial D2, D3 Light Industrial D1 The Light Industrial FLU designation allows density, up to 36 du/ac and the D1 transect allows residential and lodging uses. As it relates to lodging, however, that use is limited to Bed and Breakfast and Inn uses, up to 36 du/ac. However, neither of these uses allows the D1 Transect full use of its permitted density because the Bed and Breakfast Use is limited to 10 units and the Inn Use is limited to 25 units. The D2 and D3 Transect currently prohibit any lodging uses and, with limited exception, density is not allowed. However, Miami -Dade County allows lodging in its Industrial FLU designation. Further, local stakeholders have expressed interest in introducing this use into the City's Industrial FLU designation. The D2 and D3 Transects encompass approximately 435 acres of the City's 22,545 acres of uplands, or 1.93% of the City's land mass. 1 Also known as an "Urban Infill and Redevelopment Area" in statute. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 2 THE CITY'S ECONOMY According to the US Census Bureau, 281,317 people worked in the City of Miami in 2017 (most recently available data). According to the Miami Downtown Development Authority, 175,478 people work in Greater Downtown Miami. The map below shows the Greater Downtown Miami boundary. This accounts for 62 percent of the entire City's jobs. Boundary of Downtown Miami Brighlline M etmMover M etmRa I Gfealed Downtown Miami's top employment industries are healthcare and social assistance; public administration; and accommodation and food services. Data used for this study were taken from the US Census Bureau's OnTheMap tool, which is an interactive mapping tool with employment data. This tool utilizes the Census Bureau's LEHD (Longitudinal Employer -Household Dynamics) Origin -Destination Employment Statistics (LODES). LODES compiles payroll information by zip code to determine the number of people working in specific industries by specific geographies. This is important to note because this methodology skews the reported number of people working in educational services in Miami. Miami -Dade County Public Schools' headquarters is located in Miami's CBD, which overstates the number of people working in educational services for the entire City. This limitation only creates an anomaly for educational services. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 3 The table below shows public administration accounts for 35,709 jobs in Miami. This is logical because of the fact that Miami -Dade County, the City of Miami, and federal agencies including but not limited to courts and the US Coast Guard, all have headquarters or regional offices in the CBD. According to the Census Bureau, health care and social assistance is the largest employment industry in the City of Miami. This is logical because of the medical facilities within the city limits: Jackson Memorial Hospital, University of Miami Health System, Miami Jewish Health, and Mercy Hospital. As expected for an urban municipality, agriculture and mining are the smallest employment industries within the City. Employment Industries of People Who Work in the City of Miami NAICS 2-Digit Jobs % Educational Services* 55,081 19.6% Health Care and Social Assistance 43,098 15.3% Public Administration 35,709 12.7% Accommodation and Food Services 27,519 9.8% Professional, Scientific, and Technical Services 23,918 8.5% Retail Trade 18,406 6.5% Finance and Insurance 16,519 5.9% Administration & Support, Waste Management and Remediation 13,797 4.9% Wholesale Trade 8,026 2.9% Other Services (excluding Public Administration) 7,985 2.8% Transportation and Warehousing 7,565 2.7% Real Estate and Rental and Leasing 5,215 1.9% Construction 5,017 1.8% Arts, Entertainment, and Recreation 4,522 1.6% Information 3,446 1.2% Manufacturing 3,203 1.1 % Management of Companies and Enterprises 1,275 0.5% Utilities 902 0.3% Agriculture, Forestry, Fishing and Hunting 94 0.0% Mining, Quarrying, and Oil and Gas Extraction 20 0.0% Total Jobs 281,317 100.0% 'Educational Services is misleading due to the location of Miami -Dade County Public Schools' headquarters in Downtown Miami. Source: US Census Bureau OnTheMap From the data above, 1.1 percent of city jobs are manufacturing. To some extent, wholesale trade may be an employment sector that has industrial qualities, and this takes up 2.9 percent of the share of jobs in the City. Together, these make three percent of jobs within the City of Miami. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 4 The Planning Department has investigated economic projections. The source of data for the projection comes from the State Land Planning Agency, known as the Department of Economic Opportunity (DEO). The DEO projects employment by 2-Digit NAICS industries from 2019 through 2027. DEO only projects employment at the county level, therefore the projection offered here is not for the City of Miami, but for the entire area of Miami -Dade County. Projected Employment by Employment Industry for Miami -Dade County, 2027 NAICS 2-Digit 2019 2027 2019-2027 Agriculture, Forestry, Fishing & Hunting 8,558 8,561 0.04% Mining 17213 17213 0.00% Utilities 27601 27342 -9.96% Construction 567416 617000 8.13% Manufacturing 41,941 41,557 -0.92% Wholesale Trade 747440 767102 2.23% Retail Trade 1547662 1617622 4.50% Transportation & Warehousing 77,742 85,497 9.98% Information 20,744 20,178 -2.73% Finance & Insurance 527278 547569 4.38% Real Estate 307371 327713 7.71 % Professional, Scientific, & Technical Services 86,562 98,646 13.96% Management of Companies & Enterprises 107643 117814 11.00% Admin & Support/Waste Mgt & Remed Services 937231 1017827 9.22% Educational Services* 36,479 40,460 10.91 % Health Care & Social Assistance 155,434 177,943 14.48% Arts, Entertainment, & Recreation 177575 187476 5.13% Accommodation & Food Services 1417230 1537246 8.51 % Other Services (Except Government) 44,838 47,137 5.13% Public Administration* 149,033 153,870 3.25% Total All Industries 173367595 174367375 7.47% *Public school teachers are counted as government/public admin in projection datasets Source: Florida DEO DISCUSSION Based on the analysis above, the current share of jobs in the City that are industrial in nature is, at best, less than 3 percent. No projections for the employment profile for the City exist; however, the DEO's employment projections at the County level for 2027 estimate that jobs in manufacturing will decrease by almost one percent. Transportation and warehousing employment will increase by nearly 10 percent, and jobs in wholesale trade will increase around 2.23 percent. In addition, the share of jobs in accommodation and food services will increase by 8.51 percent, As a reminder, the projections are for the County and not the City. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 5 A review of the City's distribution of zoning transects shows that T3-R has the greatest share of land in the City (5,305 acres, 23.5 percent), and T3-0 has the next greatest share of land (3,737 acres, 16.6 percent). These transects are almost exclusively residential. The next greatest share of land is zoned T6-8-0 (2,035.13 acres, 9.0 percent). The distribution of City land by Zoning Transect is presented in the table to the right of this page, from highest (top) to lowest (bottom). MARINE INDUSTRIAL Special consideration is offered for Marine Industrial property, located along the Miami River, in particular, properties that are identified in Appendix PA-1 of the MCNP. These properties are identified as either Category A or B in the appendix and are subject to special consideration as detailed in the Port of Miami River Sub -Element of the MCNP. The MCNP and Working Waterfront Properties Properties identified as Category A are subject to Policy PA-3.1.2 whereby the City maintains a no net loss policy for industrial property on the Miami River. Properties identified as Category B are subject to Policy PA-3.1.3 whereby the City ensures those properties ensure that a Work Waterfront use is preserved, per Ch. 342.07, FS. In addition to these requirements, the City is beholden to the following policies: PA-3.1.4; PA-3.1.5; PA-3.1.6; PA-3.1.7; PA- 3.1.8; Policy PA-3.1.9; Policy PA-3.1.10; and Policy PA-3.1.12, in addition to all goals, objectives and policies in the MCNP. These policies are called out, however, due to the special quality of the Working Waterfronts requirements to which the City agreed via the Stipulated Settlement Agreement, Case No. 09-016913M. These policies specifically require that the City preserve the working waterfront along the Miami River and discourage incompatible uses. Distribution of City Land by Zoning Transect TRANSECT ACREAGE % ACREAGE T3-R 51305.88 23.5% T3-0 3,736.78 16.6% T6-8-0 2,035.13 9.0% CI 11881.31 8.3% CS 1,283.24 5.7% T3-L 11217.16 5.4% T5-0 1,025.30 4.5% T4-R 877.78 3.9% T5-R 560.67 2.5% D1 540.71 2.4% T5-L 523.56 2.3% T4-L 468.63 2.1% T1 336.35 1.5% D2 323.86 1.4% CHI -HD 299.90 1.3% T6-12-0 277.41 1.2% T6-24A-0 221.21 1.0% T6-8-L 204.90 0.9% T6-80-0 204.11 0.9% T6-36B-0 169.90 0.8% T6-36A-0 161.13 0.7% T4-0 151.64 0.7% T6-48A-0 115.89 0.5% T6-36A-L 115.14 0.5% D3 111.24 0.5% T6-60A-0 91.68 0.4% T6-48B-0 88.32 0.4% T6-24A-R 84.48 0.4% T6-8-R 70.63 0.3% T6-36B-L 13.20 0.1% T6-8A-0 13.05 0.1% T6-12-L 12.11 0.1% T6-24B-0 9.71 0.0% T6-12-R 8.86 0.0% T6-8B-0 4.80 0.0% TOTAL 22,545.71 100.0% Hotel Uses in Working Waterfronts Section 342.07, Florida Statutes, establishes the principles of Working Waterfronts. As used in this section, the term "recreational and commercial working waterfront" means: Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 6 [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. Recreational and commercial working waterfronts require direct access to or a location on, over, or adjacent to a navigable body of water. The term includes water - dependent facilities that are open to the public and offer public access by vessels to the waters of the state or that are support facilities for recreational, commercial, research, or governmental vessels. These facilities include public lodging establishments, docks, wharfs, lifts, wet and dry marinas, boat ramps, boat hauling and repair facilities, commercial fishing facilities, boat construction facilities, and other support structures over the water. (Sec. 342.07 (2)). The City is cognizant that the Miami River has a varying character depending on location. With feedback from stakeholders, it was clear that introducing lodging uses was most welcome in the Lower River, as defined by the Miami River Corridor Infill Plan and the Miami River Greenway Action Plan, due to the fact that the character of the area from the Fifth Street Bridge eastward toward Biscayne Bay is highly urbanized and runs through the center of Downtown Miami. Conversely, the Middle and Upper River maintain a heavy industrial character along the river banks. For this reason, as proposed the Planning Department recommends that the LDRs still prohibit lodging uses there. Lodging Uses in Industrial along the Miami River and the MCNP For an analysis of the proposed update to the MCNP and Miami 21 as it relates to the Industrial FLU designation and the District Zone (D1, D2, and D3 transects), the following analysis of Appendix PA-1 is offered. There is a total of 71.2 acres of Category A property based on the Table of Properties according to the City of Miami's GIS database2, of this portion, 7.96 acres are located in the Lower River. There is a total of 88.71 acres of Category B property based on the Table of Properties according to the City of Miami's GIS database, of this portion, 4.45 acres are located within the City's Lower River. A review of the data show that all of the properties that were designated at the time of adopting Appendix PA-1, none of the properties have had their FLU designations changed, and though some addressing changes have occurred, no net loss of Category A property has occurred3. Please see Attachment 1 to view a map that visually depicts these properties. The proposed amendment is supportive of the statutory principle of Recreational and Working Waterfront and not violative of the goals, objectives, and policies of the MCNP. 2 NOTE: The table of properties included in Appendix PA-1 by Ordinance No. 13189 only lists addresses, folio numbers, FLUM designations, and Category (A or B). No area calculations for the properties is recorded in Appendix PA-1. The calculations of the properties offered in this report are based on current research by staff, pulling GIS data of those properties, and using the official FLUM of the City, to arrive at these calculations. 3 This appears to be true of Category (Stroud, 2012) B, as well. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 7 IMPLEMENTING THE USE: MIAMI 21 REGULATIONS The PZAB voted to deny the amendment to the MCNP at the meeting of the Planning, Zoning, and Appeals Board hearing on March 4, 2020. In this hearing, a good deal of concern from board members was driven by not understanding how the LDRs would regulate the use. The following is a summary of how the Planning Department proposes to amend Miami 21 to implement the use. Summary of Proposed Changes to Miami 21 to Introduce Lodging Uses to the District Zone Code Section Proposed Change Explanation 1.1 Change of definition to "Industrial," explaining that lodging may be allowed under some circumstances, only by Exception. Art. 4, Table 3 Allowing hotels by right in D1 unless on the River, in which the use is only allowed on the Lower River, by Warrant. Allow hotels in the Lower River only, by Exception. Density is limited by that of the property's abutting zone, not to exceed 65 du/ac. Article 4, Table Updating density, intensity, and parking standards for D2 and D3. 4 Article 61 Table Allow hotels by right in D1 unless on the Miami River, in which 13 case, they are subject to Appendix PA-1 of the MCNP. Hotels in D1 identified as Category B only allowed on Lower River. D2: Hotels only allowed by Exception with City Commission approval. Covenant must be proffered. D3: Hotels only allowed by Exception with City Commission approval. Covenant must be proffered. This use is only allowed in the Lower River. Access to water -dependent use is required. CONCLUSION There is precedent for allowing hotel use in Industrial districts, such as Miami -Dade County's Comprehensive Development Master Plan. The amount of industrial activity in the City tells the story that the local economy is driven by healthcare and social assistance, public administration, accommodation and food services, and education. The projection for the countywide economy sees a decline in manufacturing and utilities, but growth in accommodation and food services, health care and social assistance, and most other fields. The nature of the Lower River is very urbanized, with a very small proportion of listed properties on the MCNP's Table of Properties in Appendix PA-1. In addition, Sec. 342.07, FS lists hotel uses as an integral aspect of the state's Recreational and Working Waterfronts program and policy. As explained in the report entitled Water -Dependent Use Definitions: A Tool to Protect and Preserve Recreational and Commercial Working Waterfronts, "[T]he only hotels and motels that should be included in the definition of recreational and commercial working waterfronts are those that also contain `water -dependent' or `water -dependent support facilities' such as docks, wharfs, lifts, slips, boat ramps, marinas, boat repair facilities, etc." (Conservation Clinic, 2006 (Updated 2014)). Thus, the data and analysis support a diversification of Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 8 uses within the Industrial FLU designation, given the City's designation as an UIRA and DULA and the review of the City's economic profile and the economic projections of Miami -Dade County do not suggest that the diversification of uses allowed within the Industrial FLU designation would be in contravention of the current goals, objectives, and policies of the MCNP. Further, the regulations proposed to the LDRs will ensure protection of the goals, objectives of the MCNP, including those of the Port of Miami River Sub -Element, and the regulations are further established with an eye toward protecting the health, safety, and welfare of the citizens of Miami. Given that the use will only be allowed in D2 and D3 through an Exception with City Commission approval, it is clear that the City is taking a careful approach to the proposal. By reviewing each project and requiring them to be hearing publicly by City Commission, there is a safeguard against careless exposure to negative externalities. RECOMMENDATION The Planning Department recommends approval of the proposed modification to the text of the MCNP and Miami 21 to allow hotel uses in the Industrial FLU designation as well as in the D1, D2, and D3 Transects. Digitally signed by Trone, ue Trone, Sue SDate:2020.10.13 15:16:42-04'00' E. S. Trone, AICP Chief, Comprehensive Planning Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 9 References Ben-Zadok, E. (2007). Consistency, Concurrency and Compact Development: Three FAces of Growth Managment Implementation in Florida. In C. E. Timothy S Chapin (Ed.), Growth Management in Florida: Planning for Paradise (pp. 21-43). Burlington, VT: Ashgate. Conservation Clinic. (2006 (Updated 2014)). Water -Dependent Use Definitions: A Tool to Protect and Preserve Recreational and Commercial Working Waterfronts. Tallahassee: Waterfronts Florida Partnership Program, State of Florida Department of Economic Opportunity. Pelham, T. G. (2007). A Historical Perspective for Evaluating Florida's Evolving Growth Management Process. In C. E. Timothy S. Chapin (Ed.), Growth Management in Florida: Planning for Paradise (pp. 7-20). Burlington, VT: Ashgate. Stroud, N. (2012). A History and New Turns in Florida's Growth Management Reform. The John Marshall Law Review, 397-415. Hotel Uses in Industrial FLUM / Hotel Uses in D1/D2/D3 - Page 10