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2010-27438 Resoi Public hearing TC zoning text RESOLUTION NO: 2010-27438 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE .CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING PUBLIC HEARING TO CONSIDER AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", BY CREATING A NEW DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS", CREATING NEW ZONING DISTRICTS TC-1, TOWN CENTER CORE; TC-2, TOWN CENTER MIXED USE; AND TC-3, TOWN CENTER RESIDENTIAL OFFICE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, MAIN PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES, DEVELOPMENT REGULATIONS, DESIGN REVIEW STANDARDS, AND PARKING REGULATIONS; AMENDING CHAPTER 130, "OFF- STREET PARKING", ARTICLE II, "DISTRICTS; REQUIREMENTS", SECTION 130-31, "PARKING DISTRICTS ESTABLISHED", AMENDING THE BOUNDARIES OF PARKING DISTRICT 4; AMENDING ARTICLE 111, SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES", ADOPTING NEW REGULATIONS IN TC-3 AND GU FOR COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES; AMENDING CHAPTER 138, "SIGNS", ARTICLE V, "SIGN REGULATIONS BY DISTRICTS", SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS"; CREATING A NEW SECTION 138-174, "NORTH BEACH TOWN CENTER SIGNAGE"; AMENDING CHAPTER 142, DIVISION 4, "ALCOHOLIC BEVERAGES", SECTIONS 142- 1301 AND 142-1302 TO INCLUDE TC DISTRICTS. WHEREAS, the Miami Beach Mayor and City Commission adopted the North Beach Town Center Plan by Resolution No. 2007-26600 on July 11, 2007 in order to provide comprehensive guidance for private and public sector initiatives toward redevelopment and revitalization in the area bounded by 73 Street, the Atlantic Ocean, 69 Street, and Indian Creek Waterway; and WHEREAS, the North Beach Town Center Development Code is proposed to update the zoning and future land use regulations to be consistent with the long-term vision set forth in the. North Beach Town Center Plan; therefore, new districts are proposed to be added to Chapter 142, to be known as "TC North Beach Town Center Districts"; and WHEREAS, the TC North Beach Town Center Districts are intended to: 1. Promote development of a compact, pedestrian-oriented town center consisting of ahigh-intensity employment center, vibrant and dynamic Public hearing TC zoning text mixed-use areas, and attractive residential living environments with compatible office uses and neighborhood-oriented commercial services. 2. Promote a diverse mix of residential, business, commercial, office, institutional, educational, and cultural and entertainment activities for workers, visitors and residents. 3. Encourage pedestrian-oriented development within walking distance of transit opportunities at densities and intensities that will help to support transit usage and town center businesses. 4. Provide opportunities for live/work lifestyles and increase the availability of affordable office space in the North Beach area. 5. Promote the health and well-being of residents by encouraging physical activity, waterfront access, alternative transportation, and greater social interaction. 6. Create a place that represents a unique, attractive and memorable destination for residents and visitors. 7. Enhance the community's character through the promotion of high- quality urban design. WHEREAS, the TC-1 district is intended to encourage and enhance the high- intensity commercial employment center function of the Town Center's core area and its regulations are intended to support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services, culture and entertainment while also accommodating mixed-use and residential projects as important components of the area's vitality; and WHEREAS, the TC-2 district is intended to support medium intensity mixed- use (residential/nonresidential) projects with active retail ground floor uses; and WHEREAS, the TC-3 district is intended to accommodate low density multi- family residential development and low intensity office and tourist lodging uses, and also accommodating small-scale ground floor neighborhood commercial uses that are compatible with the residential character of the TC-3 district in certain areas designated as TC-3(c) on the zoning map. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that a first reading public hearing shall be held on September 15, 2010 to consider amending the City's Land Development Regulations by amending Chapter 142, "Zoning Districts and Regulations", by creating a new Division 20, "TC North Beach Town Center Districts", creating new zoning districts TC-1, Town Center Core, TC-2, Town Center Mixed Use; and TC-3 Town Center Residential Office; providing for Purpose and Intent, Definitions, Main Permitted, Conditional, Accessory and Prohibited Uses, 2 Public hearing TC zoning text Development Regulations: Design Review Standards, and Parking Regulations; amending Chapter 130, "Off-Street Parking", Article II, "Districts; Requirements", Section 130-31, "Parking Districts Established:, amending the boundaries of Parking District 4; amending Article III, Section 130-68, "Commercial and Non-Commercial parking Garages"; amending Chapter 138, "Signs", Article V, "Sign Regulations for Principle Use Signs"; creating a new Section 138-74, "North Beach Town Center Signage"; amending Chapter 142, Division 4, "Alcoholic Beverages", Sections 142- 1301 and 142-1302 to include TC districts. PASSED and ADOPTED this /y~ day of Jl~l , 20~. MAYOR ATTEST: ~ CMY~ CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ..~- 2 0 City Attorney Date T:WGENDA\2010Uu1y 14\Consent\Reso setting public hearing NB Town Center zoning text.doc 3 COMMISSION ITEM SUMMARY Condensed Title: First Reading Public Hearing -Proposed rezoning of the North Beach Town Center . rte Intended outcome 5u orted: Maintain strong growth management policies Supporting Data (Surveys, Environmental Scan, etc.): In the 2009 Survey, while nearly half, 47.6%, suggested the effort put forth by the City to regulate development is "about the right amount," another 29.6% indicated "too little" effort is being put forth by the City in this area." Issue: The Administration is requesting that the Mayor and City Commission schedule first reading public hearings on September 15, 2010, to consider all four ordinances related to rezoning of the North Beach Town Center: the zoning text amendment, the zoning map amendment, the comprehensive plan text _amendment and the future land use map amendment.. Item Summary/Recommendation: FIRST READING PUBLIC HEARINGS Adopt the resolutions which schedule first reading public hearings on September 15, 2010 with a time certain after 5:00 p.m. Advisory Board Recommendation: On June 22, 2010, the Planning Board voted 5-0 to recommend approval of all four ordinances related to rezoning of the North Beach Town Center: the zoning text amendment, the zoning map amendment, the comprehensive plan text amendment and the future land use map amendment. Financial Information: Source of Amount Account' Funds: 1 Z 3 OBPI 'Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin Joyce Meyers, Principal Planner, Planning Department. Si n-Offs: epartmen Director As istanf City anager :City-Manager ... ..........:. . ,-- J° U ~x m MIAMIBEACH AGENDA ITEM C DATE 7-/~ /!~ m MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: July 14, 2010 SUBJECT: SETTING OF PUBLIC HEARINGS -NORTH BEACH TOWN CENTER ZONING AND COMPREHENSIVE PLAN AMENDMENTS 1. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE I1, "DISTRICT REGULATIONS", BY CREATING A NEW DIVISION 20, "TC NORTH .BEACH TOWN CENTER DISTRICTS", CREATING NEW ZONING DISTRICTS TC-1, TOWN CENTER CORE; TC-2, TOWN CENTER MIXED USE; AND TC-3, TOWN CENTER RESIDENTIAL OFFICE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, MAIN PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES, DEVELOPMENT REGULATIONS, DESIGN REVIEW STANDARDS, AND PARKING REGULATIONS; AMENDING CHAPTER 130, "OFF-STREET PARKING", ARTICLE II, "DISTRICTS; REQUIREMENTS", SECTION 130-31, "PARKING DISTRICTS ESTABLISHED", AMENDING THE BOUNDARIES OF PARKING DISTRICT 4; AMENDING ARTICLE III, SECTION 130-68, "COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES", ADOPTING NEW REGULATIONS IN TC-3 AND GU FOR COMMERICAL AND NONCOMMERCCAL PARKING GARAGES; AMENDING CHAPTER 138, "SIGNS", ARTICLE V, "SIGN REGULATIONS BY DISTRICTS", SECTION 138-172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS"; CREATING A NEW SECTION 138-174, "NORTH BEACH TOWN CENTER SIGNAGE"; AMENDING CHAPTER 142, DIVISION 4, "ALCOHOLIC BEVERAGES", SECTIONS 142-1301 AND 142-1302 TO INCLUDE TC DISTRICTS. 2. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CITY CODE, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-1, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED USE"; AND FROM RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE" AND TC-3(C) "TOWN CENTER Commission Memorandum of July 14, 2010 Setting of Public Hearing -Historic Designation Miami Beach Rod 8 Reel Club, 218 South Hibiscus Drive Page 2 of 3 CONDITIONAL NEIGHBORHOOD COMMERCIAL"; AND AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES. 3. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT, BY ADDING NEW CATEGORIES "TOWN CENTER CORE" (TC-1 j; "TOWN CENTER MIXED USE" (TC-2); AND "TOWN CENTER RESIDENTIAL OFFICE" (TC-3); AND ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS. 4. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST PUBLIC HEARING TO CONSIDER AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR THE NORTH BEACH TOWN CENTER FROM CD-3, "COMMERCIAL, HIGH INTENSITY" TO TC-1, "TOWN CENTER CORE"; FROM CD-2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-2, "TOWN CENTER MIXED USE"; AND FROM RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO TC-3, "TOWN CENTER RESIDENTIAL OFFICE". ADMINISTRATION RECOMMENDATION The Administration is requesting that the Mayor and City Commission schedule a first public hearing on September 15, 2010 to consider the proposed ordinances. A second reading and adoption public hearing will be set upon receipt of the Objections, Recommendations and Comments (ORC) report, if any, from the Florida Department of Community Affairs. The Administration recommends that the Mayor and City Commission adopt the resolutions. BACKGROUND The North Beach Town Center Plan was adopted by the Mayor and City Commission on July 11, 2007. The purpose of the Town Center Plan is to stimulate reinvestment and guide future development to create a vibrant commercial center serving the entire North Beach community. The next step is to amend the zoning ordinance and the comprehensive plan to implement the land use and urban design recommendations in the conceptual plan. The Planning Department prepared the North Beach Town Center Development Code as a comprehensive guide to the purpose and effect of each element of the proposed code amendments. This document was reviewed at a community workshop in North Beach on September 16, 2008 and in two workshops with the Planning Board on October 28, 2008 and November 25, 2008. Commission Memorandum of July 14, 2010 Setting of Public Hearing -Historic Designation Miami Beach Rod & Reel Club, 218 South Hibiscus Drive Page 3 of 3 The Land Use and Development Committee discussed the proposed TC code on February 9, 2009 and heard public testimony. The Committee expressed their desire to ensure that the new regulations are not overly burdensome on developers, provide incentives to attract new development, potentially reducing the area of the Town Center to concentrate development in the blocks between Collins and Abbott Avenues, and emphasizing the importance of constructing a public parking garage. The Committee passed a motion to hold a special LUDC meeting to further discuss this item due to its importance and complexity. Subsequently, staff met individually with the Mayor and members of the LUDC and determined that there was consensus to move forward with the ordinance including certain modifications that have been incorporated into the ordinance. The Land Use and Development Committee discussed the proposed TC code for a second time on March 22, 2010. The Committee voted to send the item on to the Planning Board, after first holding a public workshop in the North Beach Town Center area, and with the following changes and conditions: 1) no variances to the use provisions; 2) prohibit rooftop alcoholic beverage venues; 3) limit accessory uses in hotels in the TC-3 area to a similar ratio of seats to rooms as used for South Pointe; 4) address outdoor bar counters by prohibiting or limiting to more than 100 feet from a, residential use; and 5) inclusion of additional TC-3 area north of Publix into area permitting additional expanded conditional uses. The item is scheduled to return to. Committee prior to first reading at the full Commission. The Planning Department held two community workshops on the proposed North Beach , Town Center zoning amendments on Wednesday, May 5, 2010. The two meetings were held at 4 PM at the Shane Rowing Center and at 6:30 PM at the North Shore Youth Center. Notices of the workshops were mailed to all property owners within a 375 feet ; radius of the Town Center. Comments from the community were generally very positive. On June 22, 2010, the Planning Board voted 5-0 to recommend approval of all four' ordinances related to rezoning of the North Beach Town Center: the zoning text , amendment, the zoning map amendment, the comprehensive plan text amendment and the future land use map amendment. STAFF ANALYSIS The Administration recommends that the Mayor and City Commission adopt .these resolutions scheduling a first reading public hearing on September 15, 2010 to consider all four ordinances related to rezoning of the North Beach Town Center: the zoning text amendment, the zoning map amendment, the comprehensive plan text amendment and the future land use map amendment. JMG:JGG:RGG JAM T:\AGENDA\2010Wu1y 14\Consent\Town Center set public hearing.Memo.doc