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HomeMy WebLinkAboutCC FR Legislation (Version 3)File Number: 08-01315ct City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida Statutes, was originally adopted by Ordinance No. 10544 and found to be in compliance by the State of Florida and has subsequently been amended and the amendments found to be in compliance; and WHEREAS, the City of Miami ("City") is engaged in a planning and zoning process known as "Miami 21" applicable to the entire City and involving the planning for enhancement of the public health, safety and welfare of the community and the enactment of a new form -based land development code; and WHEREAS, it has been determined that to maintain consistency between the Miami Comprehensive Neighborhood Plan ("MCNP") and the Miami 21 zoning code the City will amend its Comprehensive Plan, Interpretation of the 2020 Future Land Use Map, to incorporate the new Land Use categories of Low Density Multifamily Residential, Low Density Restricted Commercial, and Medium Density Restricted Commercial; as well as to adjust the density and intensity provisions in the Land Use categories of Major Institutional, Public Facilities, Transportation and Utilities, Restricted Commercial, Central Business District, General Commercial, Industrial and Light Industrial; delete the Office Land Use category; and modify the Light Industrial Land Use category in order to allow wholesale trade mart, drive through, flea markets and auto care service center uses; and the City will amend the 2020 Future Land Use Map to designate property under the new Land Use categories; and WHEREAS, the City's Planning Advisory Board finds that these text and map amendments are necessary to further the vision created by Miami 21 and facilitate the implementation of Miami 21; and WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the City proposes to amend the Miami Comprehensive Neighborhood Plan; and WHEREAS, the City's Planning Advisory Board, at its meeting January 7, 2009, Item P.2, following an advertised public hearing, adopted by Resolution No, PAB 09-002, by a vote of five to four (5-4) recommending APPROVAL of text and map amendments to the MCNP; and City of Miami Page I of 9 Printed On: 7/28/2009 City of Miami *�' #' Legislation - »;_ Ordinance File Number: 08-01315ct City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN OF THE CITY OF MIAMI, BY MODIFYING, ADDING AND DELETING LAND USE DESIGNATIONS WITHIN THE INTERPRETATION OF THE 2020 FUTURE LAND USE MAP SECTION OF THE FUTURE LAND USE ELEMENT; AND CHANGING THE 2020 FUTURE LAND USE MAP DESIGNATIONS OF SPECIFIC PROPERTIES OF THE CITY OF MIAMI TO IMPLEMENT APPROPRIATE LAND DEVELOPMENT REGULATIONS AND ELEMENTS IN ACCORDANCE WITH THE MIAMI 21 ATLAS; PROVIDING FOR TRANSMITTALS TO AFFECTED AGENCIES, A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida Statutes, was originally adopted by Ordinance No. 10544 and found to be in compliance by the State of Florida and has subsequently been amended and the amendments found to be in compliance; and WHEREAS, the City of Miami ("City") is engaged in a planning and zoning process known as "Miami 21" applicable to the entire City and involving the planning for enhancement of the public health, safety and welfare of the community and the enactment of a new form -based land development code; and WHEREAS, it has been determined that to maintain consistency between the Miami Comprehensive Neighborhood Plan ("MCNP") and the Miami 21 zoning code the City will amend its Comprehensive Plan, Interpretation of the 2020 Future Land Use Map, to incorporate the new Land Use categories of Low Density Multifamily Residential, Low Density Restricted Commercial, and Medium Density Restricted Commercial; as well as to adjust the density and intensity provisions in the Land Use categories of Major Institutional, Public Facilities, Transportation and Utilities, Restricted Commercial, Central Business District, General Commercial, Industrial and Light Industrial; delete the Office Land Use category; and modify the Light Industrial Land Use category in order to allow wholesale trade mart, drive through, flea markets and auto care service center uses; and the City will amend the 2020 Future Land Use Map to designate property under the new Land Use categories; and WHEREAS, the City's Planning Advisory Board finds that these text and map amendments are necessary to further the vision created by Miami 21 and facilitate the implementation of Miami 21; and WHEREAS, pursuant to Chapter 163, Part II, Florida Statutes, the City proposes to amend the Miami Comprehensive Neighborhood Plan; and WHEREAS, the City's Planning Advisory Board, at its meeting January 7, 2009, Item P.2, following an advertised public hearing, adopted by Resolution No, PAB 09-002, by a vote of five to four (5-4) recommending APPROVAL of text and map amendments to the MCNP; and City of Miami Page I of 9 Printed On: 7/28/2009 File Number: 08-01315ct 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 inhabitants to amend the MCNP as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The 2020 Future Land Use Map is hereby amended to change the Land Use designations for the properties as indicated on the Map attached as Exhibit "A" and incorporated herein. Section 3. The Miami Comprehensive Neighborhood Plan is hereby amended by amending the text of the Future Land Use Element as follows: {1 } 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). Low Density Multifamily Residential: Areas designated as "Neighborhood Multifamily Residential" allow residential structures to a maximum density of 36 dwelling units per acre subiect 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 neighborhood 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: and places of worship primary and secondary schools, and accessory post -secondary educational 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 quest 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). City of Miami Page 2 of 9 Printed On: 712812009 File Number, 08-01315ct Low Densitv Restricted Commercial: Areas designated as "Low Densitv Restricted Commercial" e limitina conditions and transitory residential facilities su 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 subject to Land Development Regulations. Areas designated as "Low Density Restricted Commercial' allow for nonresidential uses to a maximum height of four stories (with "story" defined as a height up to 25 feet for the ground floor and up to 14 feet for each additional floor). 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: general office use; clinics and laboratories 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 auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools. This category also includes commercial marinas and living quarters on vessels as permissible. Areas designated as "Medium Density Restricted Commercial' allow for nonresidential uses to a maximum height of seven stories (with "story" defined as a height up to 25 feet for the ground floor and up to 14 feet for each additional floor). ._ ■ - - - -- - - - - - - - - - - - - - - - - --MOM! la City of Miami Page 3 of 9 Printed Ott: 7/28/2009 File Number: 08-01315ct i rrr,nreas ivrccry 0 times the gross lot area of the subjeGt }�� regulations; . erY ert _ 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 "High Density Multifamily Residential" or if applicable to least intense abutting/adjacent residential zoning district, subject to the same limiting conditions. Areas designated as "Major Institutional, Public Facilities, Transportation and Utilities" allow nonresidential uses to a maximum floor lot ratio (FLR) of 6.0 times the net lot area of the subject property. Properties designated "Manor 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. A.---- .J__:_. ..._t_d __ be OnGreased upon �940�anr--P- 44.1. the detailed provisiGns Gf the appliGable Iand deVG'GprneRt r-egulatiGns; however, may RGt eXGeed a tetal FAR of 3.9 times the gross let area of the subjeGt propeFty, ex pt withiR the Health / GiViG Center DistriGt where it may not eXGeed a total FAR ef 3.2 times+ -the gross lot area of the ibjeGt PFGpert y 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; " designatiOR transitory residential facilities such as hotels and motels; general office use; clinics and laboratories, auditoriums libraries convention facilities, places of worship, and primary and secondary schools; as well as commercial activities that generally serve the daily retailing and service needs of the public, GeSs by noronnal 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. City of Miami Page 4 of 9 Printed On: 7/28/2009 File Number: 08-01315ct The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor area lot ratio (€ARFLR) of 44-2 7_0 times the gress net lot area of the subject property; such FAR FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, FLR may not exceed a total €PSR FLR of 3:8 11.0 times the gross 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 area lot ratio (€ARFLR) of 4-0 37.0 times the gross net lot area of the subject property. 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. T 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 "9ff+se" "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 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 is generally higher than those allowed in other areas of the City. Areas designated as CBD allow a maximum floor area lot ratio (ARFLR) of 2-5 40 times the gross net lot area of the subject property. General Commercial: Areas designated as "General Commercial" allow all activities included in the "OffiGe" and "Restricted Commercial" designation, 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, marine related uses 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 R-Z-er--higher, but not to exceed ^ maximum of 150 units per aero High Density Multifamily Residential., are allowed if a only, property makes IGgiGaI extensiOR OF GGntinuatiGn ef existing residential develepment and that adequate ServiGes and- ameRitles exist in the adjaGeRt area to ar.GGmmodate the needs ef pGtential residents. This Gategor�L- The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor area lot ratio (€FLR) of -?2-7_0 times the grass net lot area of the subject property; such FAR FLR may be increased upon compliance with the detailed provisions of the applicable land City of Miami Page 5 of 9 Printed On; 7/28/2009 File Number.' 08-01315ct development regulations; however, FLR may not exceed a total FAR FLR of 3.-8 11.0 times the gross 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 area lot ratio (€FLR) of 4-8 37.0 times the fires net lot area of the subject property. 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 floor area ratio (FAR) of 1.72 times the gFGss Io+ height of nine stories (with "story" defined as a height up to 25 feet for the pound floor and up to 14 feet for each additional floor). 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 mandate 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 9districts of the City's land development regulations. The I in"Indi,strial oategery shall be designaafeed�_�p the Future Land Use Plan map as either LI LVV (live/work) c)r LI VVL (wE)Fk/!Rve)-. Areas designated as "Light Industrial" allow all activities included in the -Gffi and +"e "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 " ioe" anQ 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 aMhetewhose 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; wholesale trade marts; dFive_throi gh fonilities; flea markets; and health clinics; and alltO Gare seryine venters nd related ntivities �u�-c-�v�--v�v�vcnicr�-ai�u-rc.�u c��vcrv�-crcv . 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 land use classification; the detailed provisions of the applicable land development regulations shall prohibit high-level hazard activities within live/work developments. City of Miami Page 6 of 9 Printed On: 7/28/2009 File Number.' 08-01315ct 11 --le -e- =7 -in .. ■ Areas designated as "Light Industrial" allow residential uses to a maximum density of 65 36 dwelling units per acre, and both residential and nonresidential uses to a maximum height of slx eleven stories (with "story" defined as height between 3 and 14 feet per dory up to 25 feet for the ground floor and up to 14 feet for each additional floor) and a maximi rn floor area ratio (FAR) of 1.72 time the gro provisions of the appliGable land development regulations; however, may Rot eXGeed a total PAR of 4.0 times to gross lot area of s Ohio^+ 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 anv rights herein to buildina ermits 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. The Light industrial nuteger„ ,is Rot - intended to be c;, bjeG+ to the reGtFiGtiGnc and limittions of-herne occupations as defined in Zoning- (Drd'RaRGe Correspondence Table - Zoning and Comprehensive Plan City of Miami Page 7 of 9 Printed On: 7/28/2009 File Number: 08-01315ct riTil '.. ••t •. I • -End swamralm„_• MIAMI 21 MCNP T3R SUB -URBAN SINGLE-FAMILY RESIDENTIAL T3L,O SUB -URBAN DUPLEX T4R GENERAL URBAN LOW DENSITY T4L,O GENERAL URBAN T5R URBAN CENTER T5L,O URBAN CENTER T6 -8R URBAN CORE DI WORKPLACE D2 INDUSTRIAL D3 MARINE CI CIVIC INSTITUTIONAL CI -HD CIVIC INSTITUTION- HEALTH NSTITUTIONHEALTH DISTRICT CS CIVIC SPACE/PARKS TI NATURAL T6-8-60 URBAN CORE LIO T6-80 URBAN CORE R,L,O MULTIFAMILY RESIDENTIAL LOW DENSITY RESTRICTED COMMERCIAL MEDIUM DENSITY MULTIFAMILY RESIDENTIAL MEDIUM DENSITY RESTRICTED COMMERCIAL HIGH DENSITY MULTIFAMILY RESIDENTIAL LIGHT INDUSTRIAL INDUSTRIAL INDUSTRIAL MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION, AND UTILITIES PUBLIC PARKS AND RECREATION CONSERVATION RESTRICTED COMMERCIAL GENERAL COMMERCIAL CENTRAL BUSINESS DISTRICT Section 4. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional City of Miami Page 8 of 9 Printed On: 7/28/2009 File Number: 08-01315ct Planning Council, Hollywood, Florida; and any other person or entity requesting a copy. Section 5. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187(3)(c), Florida Statutes, Section 7. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1)(b), Florida Statutes, whichever is applicable. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. {2} APPROVED AS TO FORM AND CORRECTNESS' JULIE O. BRU } CITY ATTORNEY Footnotes: {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} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective upon override of the veto by the City Commission and when found in compliance pursuant to Chapter 163, Part II, Florida Statutes. City of Miand Page 9 of 9 Printed On: 7/28/2009