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HomeMy WebLinkAboutCC Legislation (Version 6)r=:x ���` ter City ®f Miami City Hall 3500 Pan American F �x Drive *t�"R"',.�E6,# L@ ISeatlOtl g Miami, FL 33133 www.miamigov.com Ordinance File Number: 08-01315ct 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, AS MODIFIED. 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 except for certain limited amendments to implement the most recent Evaluation and Appraisal Report; 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, pursuant to Chapter 163, Part II, Florida Statutes, the City proposes to amend the Miami Comprehensive Neighborhood Plan; 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; designate the Edgewater Area to allow for a higher floor lot ratio for properties in the district with a Restricted Commercial designation; 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 Planning Advisory Board, at its meeting January 7, 2009, Item No. P2, following an advertised public hearing, adopted by Resolution No. PAB 08-01315ct, by a vote of five (5) to four (4) recommended approval of text and map amendments to the MCNP; and City of Miami Page 1 of 9 Printed On: 10/8/2009 File Number 08-01315ct WHEREAS, the City's Planning Advisory Board, held a meeting on September 2, 2009, pursuant to Section 62-31(e) of the Miami City Code, Item No, P.1, following an advertised public hearing, and adopted by Resolution No. 09-004 by a vote of seven to one (7-1) deferring a recommendation for 60 days of text and map amendments 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 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 "Edgewater Area" is hereby designated, including the properties as indicated on the Map, attached as Exhibit "B" and incorporated into the 2020 Future Land Use Map series herein. Section 4. 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 "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 facilities: all of which are subiect to the detailed provisions of applicable land development regulations and the maintenance of required levels of City of Miami Page 2 of 9 Printed On: 10/8/2009 File Number: 08-01315ct service for such uses. tourist and auest homes, museums, and private clubs or lodges are allowed on 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 reauired levels of service for such uses. Density and intensity limitations for said uses all be restricted to those of the contributing structu 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 and 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 aenerallv serve the dailv retailinq and service needs of the calls reauirina easv access by personal auto, and ofte roadways, which include: qeneral retailinq, personal and professional services, real estate, banking and other financial services, restaurants, saloons and cafes, qeneral entertainment facilities, private clubs and recreation facilities, major sports and exhibition or entertainment facilities commercial activities whose scale and land use impacts are similar in nature to those uses describe( 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 residentia facilities such as hotels and motels; general office use; clinics and laboratories commercial activities that aenerallv serve the daily retailinq and service needs of the public, typically requiring easy access 1 often located dwa retailina. personal and professional services, real estate, banking and other financial services, saloons and cafes, aeneral entertainment facilities, pri maior sports and exhibition or entertainment facilities and other commercial activities whose scale and use impacts are similar ities, places of worship, mercial marinas and livii i and secondary rmissibl au des 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). City of Miand Page 3 of Printed On: 10/8/2009 File Number /: - r - -.= e - - Im - - 1 - - - -- Wel - - - WN W-1101-11IN -4 - a - - - - 1 - - - - wow - - 1 - - - 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 the 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 subiect property. Properties designated "Maior 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 "Maior Institutional Public Facilities, Tran Utilities" in the Urban Central Business District allow a maximum FLR of 37.0 timE the subject property. _ . • ei�N .T-eat:T-7:r.T.ra�r.Zzrr-L�Zs�:r_rsnlr_Ts 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; general office use: clinics and laboratories, auditoriums, libraries, City of Miami Page 4 of 9 Printed On: 101812009 File Number: 08-01315ct convention facilities places of worship; and primary and secondary schools; as well as commercial activities that generally serve the daily retailing and servic&needs of the public, typiGall„ req iirinry o��„ nnG8ss 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 area lot ratio (€ARFLR) of 4-.-72 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 FAR FLR of 3.-0 11.0 times the gFess 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 area lot ratio (ARFLR) of 4-0 37.0 times the grsss 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. 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 "9#f+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 grese, net lot area of the subject property. General Commercial: Areas designated as "General Commercial" allow all activities included in the "OffoGe" and the "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 City of Miami Page 9 of 9 Printed On: 10/8/2009 File Number: 08-01315ct above. Multifamily residential structures of a density equal to R 3 or higher, of to exGeed a maximum of 159 units per aGFe High Density Multifamily Residential. are allowed by special ExGeptienly, upon finding that the proposed _ , S proximity to ether residentially zGned property makes. t a- !GgiGal extension GF GOntinuation of existiRg residential development and that adequate serViGGS amen'toes exist iR the adjaGent area to aGGGmmedate the needs Gf potential resideRtS. This Gateger��- The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor area lot ratio (€A ZFLR) of 1.72 7.00 times the gFess 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 FAR FLR of 3-0 11.0 times the gFess 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 (€ARFLR) of 4-O 37.0 times the gas 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 flGeF area ratio (PAR) of 1.72 times the grGss lot ef the appliGable land development regulations; however, may not eXGeed a tGtal PAR of 2.5 times the gross let aFeaGfthxe subjeGt pFGperty height of nine stories (with "story" defined as a height up to 25 feet for the ground 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 Light Industrial +orvnr„ shall b Areas designated as "Light Industrial" allow all activities included in the "OfTfiGe" and "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 +�"Q#fiear 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 whsle -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, City of Mianu Page 6 of 9 Printed On: 10/8/2009 File Number 08-01315ct flammable or otherwise hazardous materials; scrap --yards; .vhnlo Glc trade marts; drive through faGilit ie jflea flea and health clinics; and to Gare sePAGe Genters and related aGti„i+io� 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 dtstr-iGt land use classification; 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 55 36 dwelling units per acre, and both residential and nonresidential uses to a maximum height of six eleven stories (with "story" defined as height between Q and 14 feet per stcry up to 25 feet for the ground floor and up to 14 feet for each additional floor) and G mG imp n; f!GGr area ratiG (FAR) Gf 1.72 times the gr^e� times nrqss !Gt aFea E)f the of bjeGt nrepepty• 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 buildina permits by December 17, 2012, at which time any rights herein to building 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 lRdustrial Gateg-111 iG OrdinaRGe NG. 11090 (as arnended� Correspondence Table - Zoning and Comprehensive Plan Zn W000 nnn raGNP JULY 1999 City of Miand Page 7 of 9 Printed On: 10/8/2009 IM 3 PM Mlft"T .. ■RIM M -WARM Areas designated as "Light Industrial" allow residential uses to a maximum density of 55 36 dwelling units per acre, and both residential and nonresidential uses to a maximum height of six eleven stories (with "story" defined as height between Q and 14 feet per stcry up to 25 feet for the ground floor and up to 14 feet for each additional floor) and G mG imp n; f!GGr area ratiG (FAR) Gf 1.72 times the gr^e� times nrqss !Gt aFea E)f the of bjeGt nrepepty• 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 buildina permits by December 17, 2012, at which time any rights herein to building 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 lRdustrial Gateg-111 iG OrdinaRGe NG. 11090 (as arnended� Correspondence Table - Zoning and Comprehensive Plan Zn W000 nnn raGNP JULY 1999 City of Miand Page 7 of 9 Printed On: 10/8/2009 File Number. 08-09395ct ■R PA PxAm WOMAN„„_• MIAMI 21 T3R,L SUB -URBAN T30 SUB -URBAN T4R GENERAL URBAN T4L,0 GENERAL URBAN T5R URBAN CENTER T5L,O URBAN CENTER T6 -8R URBAN CORE DI DISTRIG RT FIXED r_I IIDFW4v D3 PMENT RAPID TRANSIT DEVELOPMENT MIAMI 21 T3R,L SUB -URBAN T30 SUB -URBAN T4R GENERAL URBAN T4L,0 GENERAL URBAN T5R URBAN CENTER T5L,O URBAN CENTER T6 -8R URBAN CORE DI WORK PLACE D2 INDUSTRIAL D3 MARINE CI CIVIC INSTITUTIONAL CI -HD CIVIC INSTITUTION- HEALTH NSTITUTIONHEALTH DISTRICT CS CIVIC SPACE/PARKS TI NATURAL MCNP SINGLE FAMILY RESIDENTIAL DUPLEX RESIDENTIAL LOW DENSITY 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 City of Miami Page 8 of 9 Printed On: 10/8/2009 File Number: 08-01315ct T6-8-60 URBAN CORE RESTRICTED COMMERCIAL L O - GENERAL COMMERCIAL T6-80 URBAN CORE CENTRAL BUSINESS DISTRICT R,L,O Section 5. The City Manager is directed to instruct the Director of the Planning Department to promptly transmit a copy of this Ordinance after its adoption on first reading for review under Section 163.32465, Florida Statutes, and after its adoption on second reading pursuant to Section 163.32465, Florida Statutes to: the Secretary, Florida Department of Community Affairs; the Executive Director, South Florida Regional Planning Council, Hollywood, Florida; and any other person or entity requesting a copy or as required by law. Section 6. 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 7. This Ordinance shall become effective thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.32465(6)(g), Florida Statutes. Section 8. 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 Miami Page 9 of 9 Printed On: 10/8/2009