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HomeMy WebLinkAboutSR Legislation (Version2)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-01102a Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE FUTURE LAND USE ELEMENT/MAP OF ORDINANCE NO. 10544, AS AMENDED, THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, BY AMENDING THE GOALS, OBJECTIVES AND POLICIES OF THE FUTURE LAND USE ELEMENT/MAP TO INCORPORATE LANGUAGE REGARDING THE DESIGNATION OF AN URBAN CENTRAL BUSINESS DISTRICT WTHIN THE CITY OF MIAMI; SETTING FORTH THE BOUNDARIES OF THE URBAN CENTRAL BUSINESS DISTRICT; ESTABLISHING A POLICY FOR SUCH DESIGNATION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 380.06(2)(e), Florida Statutes, provides that certain Development of Regional Impact (DRI) guidelines and standards shall be increased in areas designated by local governments as Urban Central Business Districts within jurisdictions whose Comprehensive Plans have been found to be in compliance with Part II, Chapter 163, Florida Statutes: and WHEREAS, the City of Miami's Comprehensive Plan, pursuant to Part II, Chapter 163, Florida Statutes, was adopted and found to be in compliance by the State of Florida; and WHEREAS, the City of Miami is a municipality with a population exceeding 25,000 and is located within an urbanized area as defined by the 1990 census; and WHEREAS, the Miami Planning Advisory Board, at its meeting of May 4, 2005, Item No. 6, following an advertised hearing, adopted Resolution No. PAB 48-05 by a vote of five to zero (5-0), RECOMMENDING APPROVAL of amending the Future Land Use Element of Ordinance No. 10544 as hereinafter set forth; 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 of Miami and its inhabitants to amend Ordinance No. 10544 as hereinafter set fourth; WHEREAS the City Commission finds it necessary to establish an Urban Central Business District to attract high intensity, high density, multi -use development; and WHEREAS, the City Commission finds it is necessary to the City's long range controlled growth objectives to create an urban core area to serve as a hub of eastern redevelopment activity; and WHEREAS, the creation of an urban central business district is necessary to achieve the City's goals for redevelopment of its downtown district; and WHEREAS, the City Commission finds that the area currently referred to as the "central business district" is the appropriate urban core to designate as the Urban Central Business District; and City of Miami Page 1 of 5 Printed On; 10/20/2005 File Number: 04-01102a WHEREAS, the redesignation of the central business district as the City's Urban Central Business District will permit additional development density opportunities suitable to attract mixed use business; and WHEREAS, the area proposed for the Urban Central Business District currently enjoys land use designations and zoning classifications compatible with intensification of use in the area; and WHEREAS, the Florida Department of Community Affairs has determined that the area hereinafter specified for designation as an Urban Central Business District meets all qualifying criteria provided in Florida Administrative Code Rule 28-24.014 for designation as an urban central business district; 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 hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 10544, as amended, the Miami Comprehensive Neighborhood Plan is hereby amended by amending the text of the Goals, Objectives and Policies of said Ordinance as follows: {1} FUTURE LAND USE Goal 3: Encourage urban redevelopment in identified Urban Infill Areas and Urban Redevelopment Areas. Objective 3-1: Promptly review and act on petitions for land use plan amendments and rezoning of property in Urban Infill Areas or Urban Redevelopment Areas to facilitate redevelopment. Policy LU-3.1.3: Designate the Downtown Miami Master Plan area an Urban Central Business District in order to increase the Development of Regional Impact threshold for development within those portions of downtown Miami that are not already in the DRI area. Urban Central Business District An Urban Central Business District (UCBD) identifies the single urban core area within the City of Miami. The UCBD shall be consistent with the Comprehensive Plan and Future Land Use Map, shall contain mass transit service as defined in Chapter 9J-5, F.A.C., and shall contain high intensity, high density multi -use development to include: retail; professional and governmental office uses; cultural, recreational and entertainment facilities; high density residential; hotels and motels; and appropriate industrial activities. In accordance with Chapter 28-24.014(10)(a), F.A.C., the guidelines and standards of development, a designated Urban Central Business District within the City of Miami shall: City of Miami Page 2 of 5 Printed On: 10/20/2005 File Number: 04-01102a 1) Increase the threshold for residential, hotel, motel, office, or retail development by fifty -percent (50%)1 2) Increase the threshold for applicable multi -use guidelines and standards by one -hundred percent (100%), provided that one land use of the multi -use development is residential and the residential development amounts to not less than thirty-five percent (35%) of the City of Miami's applicable residential threshold; and 3) Increase the threshold for resort or convention hotel development by one hundred -fifty percent (150%). The following area has been designated an Urban Central Business District (UCBD) on the City of Miami Future Land Use Map (FLUM): The Downtown Miami Master Plan The Downtown Miami Master Plan was adopted by the Miami City Commission by Resolution Number 89-990 on October 26, 1989. The Downtown Miami Master Plan contains approximately 1, 354 acres and is bounded on the north by: Northwest 20th Street on the north; Biscayne Bay. including Brickeli Key (Claughton Island), on the east; Southwest 15th Road on the south; and Interstate 95, the Miami River, Northwest 5th Street, Interstate 395 and the Florida East Coast Railroad right-of-way on the west (see the Future Land Use Map for exact boundaries). Permitted Uses: Permitted uses within the Urban Central Business District shall be those of the underlying land use classification within the current Downtown Miami Master Plan, which includes: Central Business District; Major Institutional Public Facilities, Transportation & Utilities; Office; Restricted Commercial; General Commercial; Industrial; Recreation; High -Density Multifamily Residential; and Medium -Density Multifamily Residential (see descriptions in Interpretation of the Future Land Use Map). The following minimum and maximum development thresholds shall apply: The following numerical guidelines and standards shall be applied within the City of Miami's Urban Central Business District according to Chapter 28-24.014(11), F.S.: 1) A development that is at or below eighty -percent (80%) of all numerical thresholds for the Urban Central Business District shall not be required to undergo development -of -regional -impact review. 2) A development that is between eighty -percent (80%) and one -hundred (100%) percent of a numerical threshold shall not require development of regional impact review. 3) A development that is at one -hundred percent (100%) or between one -hundred percent (100%) and one -hundred twenty percent (120%) of a numerical threshold shall be presumed to require development -of -regional -impact review. 4) A development that is at or above one -hundred twenty percent (120%) of any numerical City of Miami Page 3 of 5 Printed On: 10/20/2005 File Number: 04-01102a threshold shall be required to undergo development-of-regionai-impact review. * Section 3. The foregoing whereas clauses are true and correct and are now ratified and confirmed by the City Commission. Section 4. The City Commission of the City of Miami, Florida, hereby designates that area depicted on Exhibit "A," which is wholly within the jurisdictional boundaries of the City of Miami, as an "Urban Central Business District" within the meaning of Section 380.06(2)(e), Florida Statutes and Rule 28- 24.014(10)(c)1, Florida Administrative Code, Section 5. The Urban Central Business District boundaries shall be utilized for increased development -of -regional -impact guidelines and standards, consistent with the applicable criteria of the Florida Statutes and Florida Administrative Code, as may be amended from time to time. The increased DRI guidelines shall only apply to development projects approved by the City after the effective date of this ordinance. Section 6. The proposed intensification of uses within the Urban Central Business District is consistent with the Miami Neighborhood Comprehensive Plan and Future Land Use map intensities which allow for high intensity multi -use development within the proposed District. Section 7. All laws and ordinances applying to the City of Miami in conflict with any provisions of this ordinance are hereby repealed. Section 8. Should any section or provision of this Ordinance or any portion thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the remainder of this Ordinance. Section 9. This Ordinance shall become effective immediately upon passage and a copy shall be provided to the Florida Department of Community Affairs. Section 10. The City Manager is directed to instruct the Director of the Planning Department to immediately 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 Planning Council, Hollywood, Florida; the Executive Director, South Florida Water Management District, West Palm Beach, Florida; the Secretary, Department of Transportation, Tallahassee, Florida; and the Executive Director, Department of Environmental Protection, Tallahassee, Florida. Section 11. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 12. 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 13. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} City of Miami Page 4 of 5 Printed On: 10/20/2005 F_tfe Number: 04-01102a APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY �L 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 immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 Printed On: 10/20/2005