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HomeMy WebLinkAboutO-14155City of Miami Ordinance 14155 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12833 Final Action Date: 2/23/2023 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, FLORIDA, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS SUBJECT TO SECTION 163.3184, FLORIDA STATUTES, BY REMOVING THE BUENA VISTA YARDS REGIONAL ACTIVITY CENTER AND ANY REFERENCES TO SUCH MATTER, CREATING THE BUENA VISTA YARDS INTENSITY PRESERVATION AREA, AND AMENDING APPENDIX LU-1 TO UPDATE THE FUTURE LAND USE MAP SERIES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3167, Florida Statutes, requires all local governments to maintain a comprehensive plan to guide its future development and growth; and WHEREAS, in 1972, Florida Statutes created special regulatory procedures for the review and approval of large-scale developments throughout the State of Florida, known as "Developments of Regional Impact" ("DRI"); and WHEREAS, Ordinance 11864, adopted on November 16, 1999, amended the Miami Comprehensive Neighborhood Plan ("MCNP") to add the "urban infill" area designation; and WHEREAS, Florida Statutes allowed cities to designate "regional activity centers" ("RAC"), which increased the thresholds that triggered DRI requirements for specific areas where dense and intense development was intended; and WHEREAS, prior to Chapter 2009-96, Laws of Florida, signed into law on June 1, 2009, developments meeting certain density and intensity thresholds were subject to DRI requirements, pursuant to Section 380.06, Florida Statutes; and WHEREAS, Chapter 2009-96 Laws of Florida created "dense urban land areas" and established exemptions to DRI requirements for future projects within those areas; and WHEREAS, in 2009, the City of Miami ("City") was designated as a "dense urban land area" ("DULA") by the Florida Legislature, pursuant to Section 380.0651(3)(a), Fla. Stat.; and WHEREAS, on November 25, 2003, the City adopted Ordinances No. 12445 and No. 12446 which established the Regional Activity Center ("RAC") designation generally and the Buena Vista Yards Regional Activity Center in the Future Land Use element of the MCNP; and WHEREAS, the Buena Vista Yards RAC allows approximately 70 million square feet of development capacity, and the underlying Future Land Use designations allow approximately 21 City of Miami Page 1 of 6 File ID: 12833 (Revision: A) Printed On: 6/27/2025 File ID: 12833 Enactment Number: 14155 million square feet of development capacity, as shown in the staff analysis attached as Exhibit "A," attached and incorporated; and WHEREAS, the Buena Vista Yards RAC allows just over three times as much development intensity, but only 68 percent of the residential density of the underlying Future Land Use designations, as shown in the staff analysis attached as Exhibit "A," attached and incorporated; and WHEREAS, the Buena Vista Yards RAC limits the amount of residential density to 4,500 dwelling units, below the 6,654 units allowed by the underlying Future Land Use designations; and WHEREAS, exemptions to the DRI requirements are established in Section 380.0651, Florida Statutes, which exempts any project in a dense urban land area, so long as that project complies with the underlying Future Land Use designation regulations adopted in the comprehensive plan; and WHEREAS, this ordinance will amend the MCNP by repealing the Buena Vista Yards Regional Activity Center from the Future Land Use Element and from the Future Land Use Map ("FLUM"); and WHEREAS, this ordinance will amend the MCNP by replacing the Buena Vista Yards RAC with the "Buena Vista Yards Intensity Preservation Area"; and WHEREAS, the effect of this ordinance on residential density will be to remove the cap created by the Buena Vista Yards RAC; and WHEREAS, the effect of this ordinance on development intensity will be to preserve the capacity allowed by the Buena Vista Yards RAC; and WHEREAS, Planning staff conducted a concurrency review of the proposed amendment, which is attached as part of the staff analysis attached as Exhibit "A," attached and incorporated; and WHEREAS, Exhibit "B," attached and incorporated, has been added to specifically replace and redesignate the area of the City now known as the Buena Vista Yards Intensity Preservation Area; and WHEREAS, the new Intensity Preservation Area maintains the established development capacity for the Buena Vista Yards area; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 16, 2022, following an advertised public hearing, adopted Resolution No. PZAB-R- 22-061 by a vote of eleven to zero to (11-0), Item No. PZAB.7, recommending approval of the Text Change; and 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 adopted by reference and incorporated as if fully set forth in this Section. City of Miami Page 2 of 6 File ID: 12833 (Revision: A) Printed on: 6/27/2025 File ID: 12833 Enactment Number: 14155 Section 2. Ordinance No. 10544, as amended, the MCNP, is hereby amended to remove the Buena Vista Regional Activity Center and provide for a Buena Vista Intensity Preservation Area, in the following particulars:1 "FUTURE LAND USE Buena Vista Yards -Intensity Preservation Area_Regi^ ctivit, y Center The Buena Vista Yards Regional Activity Center is designated to be a Chapter 380 Regional the purpose of increasing DRI thresholds. General Location: South of Northeast 36th Street, North of Northeast 29th Street, East of North Miami Avenue and West of the Florida East Coast Railroad (FEC) right-of-way; excluding certain properties located along Northeast 29th Street. (See Future Land Use Map within Appendix LU-1 for exact boundaries). Intensity: The intensity adopted with the Buena Vista Yards Regional Activity Center (RAC), adopted by Ordinance 12446, supported by data and analysis, is retained by the Buena Vista Yards Intensity Preservation Area upon the sunset of the RAC. The Future Land Use Interpretation provides guidance with respect to the intensity for this area. Permitted Uses: Permitted uses shall be as for the underlying land use cla-sification; however, the following minimum and maximum development thresholds shall apply: Residential: 2,000 units minimum / 4,500 units maximum Commercial: 500,000 s.f. minimum / 1,200,000 s.f. maximum Office: 80,000 s.f. minimum / 100,000 s.f. maximum Compatibility: The City shall develop and implement design standards to addre-s compatibility of development within the Buena Vista Regional Activity Center with the surrounding area, which design standards should further the following concepts: • New streets and avenues should connect to the existing street grid. 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. City of Miami Page 3 of 6 File ID: 12833 (Revision: A) Printed on: 6/27/2025 File ID: 12833 Enactment Number: 14155 pedestrian activities. • Buildings should have ground floor uses that activate the street and relate new development to surrounding areas. • The context and scale of new development should be reflected in new building design, including the setting back of upper floors in order to accommodate height while maintaining human scale at the pedestrian level. 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. 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 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 permissible. The nonresidential portions of developments within areas designated as "Restricted Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the 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 Intensity Preservation Area allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. 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. 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. General Commercial City of Miami Page 4 of 6 File ID: 12833 (Revision: A) Printed on: 6/27/2025 File ID: 12833 Enactment Number: 14155 Areas designated as "General Commercial" allow all activities included in the "Restricted 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 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 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 High Density Multifamily Residential, are allowed subject to the detailed provisions of the applicable land development regulations. The nonresidential portions of developments within areas designated as "General Commercial" allow a maximum floor lot ratio (FLR) of 7.0 times the net lot area of the subject property; such FLR may be increased upon compliance with the detailed provisions of the applicable land development regulations; however, may not exceed a total FLR of 11.0 times the 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 Intensity Preservation Area allow a maximum floor lot ratio (FLR) of 37.0 times the net lot area of the subject property. 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. *„ Section 3. The City Commission approves the proposed amendment to Ordinance No. 10544, as amended, the MCNP, to amend Appendix LU-1, to replace pages 2 and 5 of the Future Land Use Map series, as shown in Exhibit "A," attached and incorporated. Section 4. The City Commission finds that the Comprehensive Plan amendment: (a) Is necessary due to changed or changing conditions; (b) Follows an Expedited State Review Process pursuant to Section 163.3184(3), Florida Statutes; (c) Involves a text change to the Miami Comprehensive Neighborhood Plan; (d) Is one which is not located within an area of critical state concern as designated by Section 380.0552, Florida Statutes or by the Administration Commission pursuant to Section 380.05(1), Florida Statutes; (e) Complies with the applicable density limitations set forth in the Local Government Comprehensive Planning and Land Development Regulation Act, if applicable. Section 5. The City Manager is directed to promptly transmit within ten (10) working days after Second Reading a copy of the adopted amendment along with supporting data and analysis to the State Land Planning Agency and all appropriate reviewing agencies or local governments that provided timely comments after First Reading pursuant to Section 163.3184, Florida Statutes. City of Miami Page 5 of 6 File ID: 12833 (Revision: A) Printed on: 6/27/2025 File ID: 12833 Enactment Number: 14155 Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. Pursuant to Section 163.3184, Florida Statutes, this Ordinance, if not timely challenged, shall become effective thirty-one (31) days after the State Land Planning Agency notifies the City that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the State's Land Planning Agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 5/15/2023 2 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 or upon the effective date stated herein, whichever is later. City of Miami Page 6 of 6 File ID: 12833 (Revision: A) Printed on: 6/27/2025