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HomeMy WebLinkAboutO-13962City of Miami l i , J'f Legislation Ordinance: 13962 File Number: 8040 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/28/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)," TO MODIFY THE DEFINITION OF INDUSTRIAL; AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS," TO ADD LODGING AS A USE CONSIDERED FOR THE DESIGN STANDARDS; AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," TO MODIFY REGULATIONS FOR DENSITY AND USES FOR THE DISTRICT ZONE REGARDING LODGING USES; AMENDING ARTICLE 4, TABLE 4, TITLED "DENSITY, INTENSITY AND PARKING," TO PROVIDE REGULATIONS FOR DENSITY, INTENSITY, AND PARKING TO ADDRESS LODGING USES WITHIN THE D2, "INDUSTRIAL," AND D3, "WATERFRONT INDUSTRIAL," TRANSECT ZONES; AMENDING ARTICLE 6, SECTION 6.1, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR THE D1, "WORK PLACE," D2, "INDUSTRIAL", AND D3, "WATERFRONT INDUSTRIAL," TRANSECT ZONES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Keon Hardemon WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on November 4, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20- 043 by a vote of six to one (6 -1), Item PZAB.3, recommending approval with a modification that waterfront properties, specifically those that front the Miami River, be removed from the proposed text amendment as stated herein; and WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and WHEREAS, the Transect Zone known as the District Zone has three (3) sub -categories: D1, "Work Place", Transect; D2, "Industrial", Transect; and D3, "Waterfront Industrial", Transect; and WHEREAS, since the adoption of the Miami 21 Code, the D1, "Work Place", Transect has corresponded to the Miami Comprehensive Neighborhood Plan's ("MCNP") "Light Industrial" Future Land Use designation as established by the Interpretation of the Future Land Use Map ("FLUM") of 2020; and WHEREAS, the "Light Industrial" Future Land Use designation, as adopted by Ordinance No.13115 and implemented by the D1, "Work Place", Transect in the Miami 21 Code has a Density of 36 dwelling units per acre; and City of Miami Page 1 of 9 File ID: 8040 (Revision: A) Printed On: 211212021 File ID: 8040 Enactment Number: 13962 WHEREAS, the D1, "Work Place", Transect currently allows Bed and Breakfast Uses and Inn Uses by Right; and WHEREAS, increasing demand for Lodging Uses has been expressed within the District Zone; and WHEREAS, the "Industrial" Future Land Use designation of the MCNP corresponds with the D2, "Industrial", and D3, "Waterfront Industrial", Transects of the Miami 21 Code; and WHEREAS, in general, the "Industrial" Future Land Use designation prohibits residential Density except for live-aboards and rescue missions; and WHEREAS, in the aggregate, approximately four percent (4%) of the land area of the City of Miami ("City") is zoned as "Industrial" and "Light Industrial" in the FLUM of the MCNP; and WHEREAS, the City is designated as an Urban Infill Area and a Dense Urban Land Area; and WHEREAS, many areas of the City within the District Zones are being developed adaptively, taking advantage of transit facilities and encouraging sustainable practices, such as multimodal transportation; and WHEREAS, the D3, "Waterfront Industrial", Transect is home to the City's industrial properties along the Working Waterfront, encompassing properties listed in Appendix PA-1 of the MCNP; and WHEREAS, City stakeholders have expressed the existence of market demand for Lodging Uses within "Industrial" and Waterfront Industrial" areas of the City; and WHEREAS, the categorization of the Miami River into the Lower River (from Biscayne Bay to the 5t" Street Bridge), the Middle River (from the 5t" 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 documents, including the Miami River Corridor Infill Plan and the Miami River Greenway Action Plan; and 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 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, the City has memorialized its compliance with Section 342.07, Florida Statutes, by adoption of Ordinance No. 13043 on July 22, 2010 as a remedial action required by the City's role in a Stipulated Settlement Agreement with the Miami River Marine Group and the Florida Department of Economic Opportunity (f/k/a Department of Community Affairs); and City of Miami Page 2 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 WHEREAS, the City wishes to allow the judicious use of Lodging Uses in areas of the City within the D2, "Industrial", and D3, "Waterfront Industrial", Transects; and WHEREAS, inasmuch as Lodging Uses may be allowed within the D3, "Waterfront Industrial", Transect, the City recognizes that only the Lower River has properties that might be appropriate for such Uses and to remain compliant with the City's obligations under Section 342.07, Florida Statutes, and the City's own goals, objectives, and policies within the Port of Miami River Sub -Element addressing Working Waterfront provisions, these Lodging Uses shall only be allowed under limited circumstances; and WHEREAS, the City desires additional study of the properties along the south side of the Lower River and wishes to allow the Lodging Uses in District Zones as described herein for properties along the north side of the Lower River only at this time; and WHEREAS, any Hotel Use to be permitted within D1, "Work Place", Transect Zone properties identified in Appendix PA-1 of the MCNP shall be required to grant access to the Miami River for the public's engagement in water -dependent commercial and recreational activities such as public access to the Riverwalk, public docks, marinas, or other water -related amenities afforded by the property's location; and WHEREAS, any Lodging Use to be permitted within D3, "Waterfront Industrial", Transect properties shall be required to grant access to the Miami River for the public's engagement in water -dependent commercial and recreational activities such as public access to the Riverwalk, public docks, marinas, or other water -related amenities afforded by the property's location; and WHEREAS, the City acknowledges that "Industrial" and "Waterfront Industrial" areas may be characterized by negative externalities and thus, requests to allow Lodging Uses shall be carefully analyzed and brought forward through a public hearing via the Exception process; and WHEREAS, for those properties that may be deemed acceptable for Lodging Uses within the City's "Industrial" and "Waterfront Industrial" areas, the City shall require a covenant that shall remain in effect for the duration of the Lodging Use on the property acknowledging that the Use has been introduced into an "Industrial" or "Waterfront Industrial" area of the City that is generally intended for primarily "Industrial" or "Waterfront Industrial" uses, as applicable; and WHEREAS, the City wishes to further liberalize the Lodging Uses already permitted in the D1, "Work Place", Transect to allow Hotels up to the permitted Density of 36 dwelling units per acre; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the MCNP with appropriate consideration as to whether the proposed text amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and City of Miami Page 3 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; 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. Article 1 of the Miami 21 Code is hereby amended in the following particulars:' "ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) h. INDUSTRIAL This category is intended to encompass land Use functions connected with a business or activity involving manufacturing, fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities, and other business serving primarily industrial needs. Residential Uses are not permitted except for live -aboard in commercial marinas, and limited work -live Uses. Under limited circumstances. Lodaina Uses may be Dermitted Dursuant to this Code Section 3. Article 3 of the Miami 21 Code is hereby amended in the following particulars :2 "ARTICLE 3 GENERAL TO ZONES 3.11 WATERFRONT STANDARDS b. Waterfront Walkways Design Standards: 1 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. 2 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 4 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 Waterfront walkways shall be designed and constructed within the Waterfront Setbacks in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum, shall remain open to the public between 6am through 10pm. Waterfront walkways are not required within Transect Zones T3, T4-R, D1, D2 and D3 unless the site is a new Commercial retail, Office, Lodging, or restaurant Use. Properties along a Waterbody shall only require a Waterfront walkway if it has been identified within the Miami River Greenway Action Plan or other Waterfront Master Plans as a component of a publicly accessible Greenway and Blueway network system within the City and Miami -Dade County. Section 4. Article 4 of the Miami 21 Code is hereby amended in the following particulars:3 "ARTICLE 4 STANDARDS AND TABLES Table 3 BUILDING FUNCTION: USES D DISTRICTS D1 D2 D3 DENSITY (UNITS PER ACRE) 36 AZ**** AZ**** LODGING BED & BREAKFAST R E E INN R E E HOTEL R*** E E ***Hotel Uses only allowed by Warrant in D1 for Droperties identified in ADDendix PA-1 of the Miami Comprehensive Neighborhood Plan and located on the north side of the Lower River. See Article 6, Table 13 for supplemental regulations. ****AZ: Densitv of lowest Abuttina Zone nearest to the subiect Droaerty not to exceed 65 du/acre TABLE 4 DENSITY, INTENSITY AND PARKING D D1 — WORK PLACE D2 — INDUSTRIAL D3 —WATERFRONT 3 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 5 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 INDUSTRIAL DENSITY 36 UNITS PER N 4A Z* IA AZ* (UPA) ACRE LODGING Lodging Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units for visitors. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund, as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand Lodging Uses are permissible as listed in Table 3 limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units for visitors. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund as established by Chapter 35 of the City Code; or by one hundred percent (100%) for any Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be Lodging Uses are permissible as listed in Table 3 limited by compliance with: • Minimum of 1 parking space for every 2 lodging units. • Minimum of 1 additional parking space for every 10 lodging units for visitors. • Parking requirement may be reduced according to the Shared Parking Standard, Article 4, Table 5. • Minimum of 1 Bicycle Rack Space for every 20 vehicular spaces required. • Except for sites within 500 feet of an ungated T3 Transect Zone, the parking ratio may be reduced within a TOD area or within a Transit Corridor area by up to thirty percent (30%) by process of Waiver; by up to fifty percent (50%) by process of Waiver and payment into a transit enhancement Trust Fund as established by Chapter 35 of the City Code; or by one hundred percent (100%) for anv Structure with a Floor Area of ten thousand (10,000) square feet or less. • Parking may be City of Miami Page 6 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 (10,000) square feet or lease offsite within or lease offsite within or less. 1,000 feet by process of 1,000 feet by process of Waiver except when site Waiver except when site • Parking may be is within 500 feet of T3. is within 500 feet of T3. provided by • Loading - See Article • Loading - See Article ownership or lease offsite within 1,000 4, Table 5. 4, Table 5. feet by process of Waiver, except when site is within 500 feet of T3. • Loading - See Article 4, Table 5. * AZ: Density of lowest Abutting Zone nearest to the subject property not to exceed 65 du/acre. Section 5. Article 6 of the Miami 21 Code is hereby amended in the following particulars :4 "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.1 INTENT AND EXCLUSIONS Table 13 D - DISTRICT D1 —WORK PLACE D2 — INDUSTRIAL D3 — WATERFRONT INDUSTRIAL DENSITY 36 UNITS PER ACRE DENSITY OF LOWEST DENSITY OF LOWEST (UPA) ABUTTING ZONE ABUTTING ZONE NEAREST TO SUBJECT NEAREST TO SUBJECT PROPERTY NOT TO PROPERTY NOT TO EXCEED 65 DWELLING EXCEED 65 DWELLING UNITS PER ACRE UNITS PER ACRE 4 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 7 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 LODGING Hotels are allowed by Lodging Uses are Lodging Uses are Right in the D1 Zone permissible by Exception permissible by Exception with City Commission with City Commission except for properties identified in Appendix approval subject to approval subject to review pursuant to Article 4, PA-1 of the Miami review pursuant to Article 4, Table 12 of this Code Comprehensive Table 12 of this Code and and compliance with the compliance with the Neighborhood Plan, following. then such Hotel Uses following: are allowed only if the properties are located A recorded covenant with 1. A recorded covenant the City acknowledging on the north side of the with the City Lower River and that the zoning of the acknowledging that the approved by Warrant. property is Industrial; that zoning of the property is the Lodging Use has Industrial; that the been introduced into the Lodging Use has been pre-existing Industrial introduced into the pre - District Zone; and the existing Industrial District Zone; and the Owner Owner assumes risks associated with assumes risks associated with introducing a Lodging introducing a Lodging Use into such a District Use into such a District. as well as acknowledging and accepting the presence of the existing Working Waterfront 24- hour operations as permitted. 2. Lodging Uses in the D3 Transect Zone are limited to the north side of the area known as the "Lower River" as established in the Miami River Corridor Infill Plan and Miami River Greenway Action Plan, defined as the area from Biscayne Bay to the Fifth Street Bridge. 3. Pursuant to Section 342.07, Florida Statutes, Lodging Uses in this Transect Zone must provide access for water - dependent commercial and recreational activities for the public such as public access to the Riverwalkpublic docks City of Miami Page 8 of 9 File ID: 8040 (Revision: A) Printed on: 211212021 File ID: 8040 Enactment Number: 13962 marinas, or other water - related amenities afforded by the waterfront location. *„ Section 6. If any section, part of a section, paragraph, clause, phrase, or word of the Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or re -lettered and that the word 'ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 8. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.5 APPROVED AS TO FORM AND CORRECTNESS: 1 1 i ria i "ndez, Cify Nttor iey 11/512020 i ria i ndez, Cify Kttor iey 11/18/2020 5 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. City of Miami Page 9 of 9 File ID: 8040 (Revision: A) Printed on: 211212021