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2003-3392 OrdinanceORDINANCE NO. 2003-3392 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I1: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT TO ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-I FUTURE LAND USE CATEGORY WITHIN THE FLAMINGO PARK HISTORIC DISTRICT; TO ALLOW OFFICES IN THE I-1 FUTURE LAND USE CATEGORY; TO ADD RESIDENTIAL OFFICE, SUITE HOTELS, AND BED AND BREAKFAST INNS TO THE LIST OF PERMITTED USES IN THE RM-1 CATEGORY WITHIN THE WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND TO ADD RESIDENTIAL OFFICE TO THE RM-2 CATEGORY WITHIN THE WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND BY CLARIFYING AS "OTHER USES" THE CONDITIONAL USES WHICH ARE REQUIRED TO GO THROUGH A PUBLIC HEARING PROCESS, AND THE ACCESSORY USES WHICH ARE REQUIRED TO BE SUBORDINATE TO THE MAIN USE, AS THEY MAY BE PERMITTED IN EACH LAND USE CATEGORY; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. WHEREAS, recent creation of the West Avenue Bay Front Oveday District has created a shift in the future land use needs of that specific area requiring amendments to permitted uses in the affected land use categories; and WHEREAS, the ability of the industrial uses within the I-1 Future Land Use category to operate would be enhanced by allowing office uses on the second floor; and WHEREAS, the uses which currently exist within the various Future Land Use categories should be recognized in the Comprehensive Plan; and WHEREAS, the relationship between the Comprehensive Plan and conditional uses needing further scrutiny and review on a case-by-case basis, and accessory uses, should be clarified; and WHEREAS, these regulations will ensure that the public health, safety and welfare will be preserved in the City of Miami Beach. 1of9 NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Objective 1: Land Development Regulations, Policy 1.2 of the Comprehensive Plan of the City of Miami Beach shall be amended as follows: OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS Future growth and development, redevelopment and rehabilitation will be managed through the preparation, adoption, implementation and enforcement of land development regulations. Policy 1.2 Low Density Multi Family Residential Category (RM-f) Uses which may be Permitted: Single family detached dwellings; single family attached dwellings; townhouse dwellings and multi-family dwellings. Hotels are permitted for properties fronting Harding Avenue or Collins Avenue, from the City Line on the north to 73rd Street on the south. Bed and breakfast inns are permitted in RM-1 only in the Flamingo Park Historic District and the West Avenue Bay Front Oveday District, both of which are described in the Land Development Requlations. Residential office and suite hotel uses are permitted in the West Avenue Bay Front Oveday District only. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to qo throuqh a public hearing process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. Medium Density Multi Family Residential Category (RM-2) Uses which may be Permitted: Single family detached dwellings; single family attached dwellings; townhouse dwellings and multiple family dwellings; apartment hotels and hotels. Residential office uses are permitted in RM-2 only in the West Avenue Bay Front Overlay District, as described in the Land Development Regulations. 2 of 9 Other uses which may be permitted are: "'~"' ........ ,~ ik,;.,., t:.-~,-,Ili+i,~.. ,.i,.~,, ~,~r,'~ .F.-~,.~iIH-;~,. ~, ~r~,ir~, ~. ~1;~;~, ,~ ~r;~+~ ~ ~,,~1;~ ;~+;~,,+;~' ~1~. ~ accesso~ uses specifically authorized in this land use cateRow1 as described in the Land Development ReRulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cateRo~, as described in the Land Development ReRulations, which are required to Re throuRh a public hearinR process as prescribed in the Land Development ReRulations of the Code of the Ci~ of Miami Beach. High Density Multi-Family Residential Category (RM-3) Other uses which may be permiffed arc '~'~' "* ~,~ ,'-;I;H ,', ~',. ~,, ,.,,;,.,~ I~ ,.~ ,~.~ ~ ~., · ,.~1;~;,'~, ~, ; ,-, ~,+H., ,+;,-, ,'~ ~', ~ ,*;, ,,-* ~.,~ ; ,-~ ,-*+ N., ,~';,-,~ ~', ,~,, I.~1;,., ....... ~ ........ g=rage=, accessory uses specifically authorized in this land use cate,qory1 as described in the Land Development Requlations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qorYl as described in the Land Development Re.qulationsl which are required to qo throu,qh a public hearinq process as prescribed in the Land Development Re,qulations of the Code of the City of Miami Beach. Low Intensity Commercial Category (CD-l) Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cateqory, as described in the Land Development Requlations, which are required to .qo throuqh a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. Medium Intensity Commercial Category (CD-2) Other uses which may be permitted are accessory uses specifically authorized in this land use cate,qory, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses 3 of 9 specifically authorized in this land use category, as described in the Land Development Regulations, which are required to .qo through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. High Intensity Commercial Category (CD-3) Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Requlations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to .qo throuqh a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. Residential/Office Category (RO) Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to qo throu.qh a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. Mixed Use Entertainment Category (MXE) Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Requlations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to .qo throu.qh a public hearing process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. Light Industrial (l-l) 4 of 9 Uses which may be permitted: Light industrial and compatible retail, office and service facilities. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Regulations, which are required to .qo through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. Medium-Low Density Residential "Performance Standard" Category (R- PSl) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, and apartment hotels a,-,d """*:*"*;""'~ uses. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Requlations, which are required to .qo throu.qh a public headn.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. Medium Density Residential "Performance Standard" Category (R-PS2) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, and apartment hotels ;"-*;*' '*:"""' uses. Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Regulations, which are required to' be subordinate to the main use; and conditional uses specifically authorized in this land use cateqory, as described in the Land Development Regulations, which are required to .qo through a public hear nq 5 of 9 process as prescribed in the Land Development Re.gulations of the Code of the City of Miami Beach. Medium-High Density Residential "Performance Standard" Category (R- PS3) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels and hotels ""~ ;"~'~;*' '*"~'""' uses. Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to .qo through a public hearinq process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. High Density Residential "Performance Standard" Category (RPS-4) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels and hotels ~"'~ ;~'~'*;~' ,~..~,n~,, uses. Other uses which may be permitted are accessory uses specifically authorized in this land use cateqory, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category., as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. Limited Mixed Use Commercial "Performance Standard" Category (CPS-f) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels, and commercial ~"~ ~"*;~"~"~"' uses. 6 of 9 Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. General Mixed Use Commercial "Performance Standard" Category (CPS-2) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels, and commercial ""'~ ;"~*;*' '*;""~' uses. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. Intensive Mixed Use Commercial "Performance Standard" Category (CPS- 3) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels, and commercial ""~ =""*~*' '+:"""~ uses. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. Phased Bayside Intensive Mixed Use Commercial "Performance Standard" Category (CPS-4) 7 of 9 Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels, and commercial 3~d !,-,~t!t'ct!c,".3! uses. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Re.qulations, which are required to .qo throu.qh a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. SECTION 2. The Administration is hereby instructed to transmit a copy of this Ordinance and all applicable documents immediately upon approval on First Reading and again after its adoption on Second Reading to all agencies as provided by law. The City Commission hereby requests that the state land planning agency review the plan amendment transmitted herewith. SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. INCLUSION IN THE COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that Section 1 of this Ordinance shall become and be made part of the City of Miami Beach Year 2000 Comprehensive Plan Part Ih Goals, Objectives and Policies, as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective 2/15/03 ( 10 ) days after the date of its enactment; however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED ON FIRST READING the 25th day of September 200___2. 8 of 9 PASSED AND ADOPTED ON SECOI 5eh~day ~ Of Febru~ary, 2003. t L READING this ATTEST: CITY CLERK Ordinance No. 2003-3392 APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date F:~PLAI~$PLB~2002\FIle 1552 - 02-2 Text AmendmentS1552 comp plan 02-2 ord version 4.doc (9/18/02) 9 of 9 CITY OF MIAMI BEACH ~1~ COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the Mayor and City Commission amending Part I1: Goals, Objectives and Policies of the City of Miami Beach Year 2000 Comprehensive Plan, as amended, by amending Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element to Allow Bed And Breakfast Establishments In The RM-1 Future Land Use Category Within The Flamingo Park Historic District; To Allow Offices In The I-1 Future Land Use Category; To Add Residential Office, Suite Hotels, And Bed And Breakfast Inns To The List Of Permitted Uses In The RM-1 Category Within The West Avenue Bay Front District Overlay; And To Add Residential Office To The RM-2 Category Within The West Avenue Bay Front District Overlay; and by clarifying "other uses" such as conditional uses and accessory uses as may be permitted in each land use category in the Land Development Regulations of the Code of the City of Miami Beach. Issue: IShall the City Commission approve an ordinance that includes permitted uses and clarifies "other uses" in the City's Comprehensive Plan, in order to reconcile the Land Development Regulations of the City Code with the Plan? Item Summary/Recommendation: IThe Administration recommends that the City Commission adopt the amendments to the COmprehensive Plan. Advisory Board Recommendation: At the July 23, 2002 meeting, the Planning Board voted unanimously (5-0, two members absent) to recommend to the City Commission approval of the proposed ordinance. Financial Information: Funds: Finance Dept. City Clerk's Office Legislative Tracking: I Planning Department - Jorge G. Gomez/Mercy Lamazares n-Offs: sum.doc DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~ www.ci.miami-beach.fl.us ~ To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Members of the City Commission Date: February 5, 2003 Jorge M. Gonzalez~ City Manager Second Reading Public Hearing COMPREHENSIVE PLAN AMENDMENTS - ROUND 03-1 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I1: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT TO ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-1 FUTURE LAND USE CATEGORY WITHIN THE FLAMINGO PARK HISTORIC DISTRICT; TO ALLOW OFFICES IN THE I-1 FUTURE LAND USE CATEGORY; TO ADD RESIDENTIAL OFFICE, SUITE HOTELS, AND BED AND BREAKFAST INNS TO THE LIST OF PERMITTED USES IN THE RM-1 CATEGORY WITHIN THE WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND TO ADD RESIDENTIAL OFFICE TO THE RM-2 CATEGORY WITHIN THE WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND BY CLARIFYING AS "OTHER USES" THE CONDITIONAL USES WHICH ARE REQUIRED TO GO THROUGH A PUBLIC HEARING PROCESS, AND THE ACCESSORY USES WHICH ARE REQUIRED TO BE SUBORDINATE TO THE MAIN USE, AS THEY MAY BE PERMITTED IN EACH LAND USE CATEGORY; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt this proposed amendment to Part Ih Goals, Objectives and Policies, Future Land Use Element, Policy 1.2 of Objective 1: Land Development Regulations of the City of Miami Beach Year 2000 Comprehensive Plan. .ANALYSIS The purpose of the proposed amendment to the Comprehensive Plan (Plan) is to reconcile the Land Development Regulations (LDRs) of the City Code with the Plan. Specifically, the proposed amendment includes Bed and Breakfast Establishments in the RM-1 Future Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 2 of 15 Land Use (FLU) category within the Flamingo Park Historic District; offices in the I-1 FLU category; adding residential office, suite hotels, and bed and breakfast inns to the list of permitted uses in the RM-1 FLU category within the West Avenue Bay Front District Overlay; adding residential office to the RM-2 FLU category for the West Avenue Bay Front District Overlay; and clarifying the "Other Uses" permitted within several of the FLU categories. Future Land Use categories In 1992, the City Commission approved the inclusion of bed-and-breakfast use in RM-1 zoning districts that are within locally designated Historic Districts, subject to a number of criteria, however, the Plan was not amended at that time. Since only the Flamingo Park Local Historic District qualifies for this use, this historic district is identified specifically in this proposed amendment. In the same light, the West Avenue Bay Front Oveday District, which was approved by the City Commission on June 19, 2002, is also included as an amendment to the Plan. This overlay district was created in an attempt to maintain the existing, Iow-scale character of the West Avenue neighborhood, and residential office, suite hotel, and bed-and-breakfast inn are three types of development identified that would help in the endeavor. Since RM-1 and RM-2 are the underlying zoning classifications, the proposed amendment to the Plan includes office, suite hotel and bed & breakfast within the RM-1 future land use category, and residential office within the RM-2 category but only for the West Avenue Bay Front Overlay District. Likewise, when the City Commission in October of 2001 adopted amendments to the Land Development Regulations for the I-1 zoning district, the Plan was not amended. This amendment proposes to correct that oversight by including office use to the list of permitted uses within this FLU category. This amendment to the LDRs allows an office on the second floor while prohibiting them from displacing ground floor industrial uses, which is the main use of this district. This has the beneficial effect of allowing the Industrial uses to maximize the productivity of their ground floor, and create a viable alternative for the use of the upper floors of the existing structures. Lastly, the change to the Residential Performance Standards text reflects that institutional use is not a main permitted use, but a conditional use and thus added to the "Other Uses" section of the Plan. "Other Uses" section in the Future Land Use categories The Future Land Use categories of the Plan also list "Other Uses." The "Other Uses" section consists of uses that may be accessory uses, which are subordinate to the main use, or uses which the City Code lists as conditional uses. A conditional use is a use that would not be appropriate generally or without restriction throughout a particular zoning district, but would be appropriate if controlled as to number, area, location in relation to the Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-I Page 3 of 15 neighborhood. Conditional uses are therefore subject to a higher degree of scrutiny and subject to specific conditions attached to each individual application. The "Other Uses" section was not included in several of the future land use categories in the 1994 Comprehensive Plan amendment. Thus, the proposed amendment to the Plan includes language to indicate that accessory uses and conditional uses are subordinate to the main use, or must go through a public hearing process. Staff believes that this would allow flexibility to the process and not have to amend the Plan every time there is an amendment to the LDRs. The following sections show the proposed amendments to the Plan, as they will apply to each of the FLU categories: Low Density Multi-Family Residential Category (RM-1) Uses which may be Permitted: Single family detached dwellings; single family attached dwellings; townhouse dwellings and multi-family dwellings. Hotels are permitted for properties fronting Harding Avenue or Collins Avenue, from the City Line on the north to 73rd Street on the south. Bed and breakfast inns are permitted in P,M-1 only in the Flaminqo Park Historic District and the West Avenue Bay Front Overlay District, both of which are described in the Land Development Re.qulations. Residential office and suite hotel uses are permitted in the West Avenue Bay Front Overlay District only. Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically = authorized in this land use cateqory, as described in the Land Development Re.qulations, which are required to .qo throu.qh a public hearin.q process as prescribed in the Land Development Requlations of the Code of the City of Miami Beach. Medium Density Multi-Family Residential Category (RM-2) Uses which may be Permitted: Single family detached dwellings; single family attached dwellings; townhouse dwellings and multiple family dwellings; apartment hotels and hotels. P,esidential office uses are permitted in P,M-2 only in the West Avenue Bay Front Overlay District, as described in the Land Development Re.qulations. Other uses which may be permitted am: "'~' '~* ........ *" ';";"" ;"";'"*;~"' '~ ....... accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Regulations, which are required to be subordinate to the main Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 4 of 15 use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to (~o thmu¢ih a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. m Light Industrial (I-1) Uses which may be permitted: Light industrial and compatible retail, office and service facilities. Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to .qo throu.qh a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach. High Density Multi-Family Residential Category (RM-3) Other uses which may be permitted arc "';'"* ........ *~- ';,,;,,,- ;'-'-;';+;'-*-' a'-" ccrc gcrcgc=, accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Requlations, which are required to cio throu.qh a public hearing process as prescribed in the Land Development Requlations of the Code of the City of Miami Beach. Low Intensity Commercial Category (CD-l) Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Requlations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to .qo throu.qh a public headn.q process as prescribed in the Land Development Requlations of the Code of the City of Miami Beach. Medium Intensity Commercial Category (CD-2) Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 5 of 15 authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to ,qo throu,qh a public hearin.q process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach.. High Intensity Commercial Category (CD-3) Other uses which may be permitted are accessory uses specifically authorized in this land use cateqory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Re.qulations, which are required to .qo throuqh a public hearin.q process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. 8. Residential / Office Category (RO) Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use cate.qory, as described in the Land Development Requlations, which are required to qo throu.qh a public hearinq process as prescribed in the Land Development Re.qulations of the Code of the City of Miami Beach.. Mixed Use Entertainment Category (MXE) Other uses which may be permitted are accessory uses specifically authorized in this land use cate,qory, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to qo through a public hearing process as prescribed in the Land Development Requlations of the Code of the City of Miami Beach. 10. Residential "Performance Standard" Categories (RPS-I, & 2) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment/hotels, ccd Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Requlations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 6 of 15 Re.qulations, which are required to go throu.qh a public hearing process as prescribed in the Land Development Requlations of the Code of the City of Miami Beach. 11. Residential "Performance Standard" Categories (RPS-3, & 4) Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment/hotels and hotels. Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Re.qulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Requlations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach. 12. Four Commercial "Performance Standard" Categories (CPS-l, 2, 3 & 4) Other uses which may be permitted are accessory uses specifically authorized in this land use cate.qory, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go throuqh a public hearing process as prescribed in the Land Deve opment Re.qulations of the Code of the City of Miami Beach. PLANNING BOARD REVIEW CRITERIA: Traditionally in the past, when reviewing a request for an amendment to the Plan, either to the FLUM or text, although not specifically prescribed by the City Code, Planning Staff have used the criteria listed for amendments to the LDRs as guidance for the Board's consideration: The changes that are being proposed will be compatible with the Plan, once this Plan amendment is approved and adopted. This amendment will make the LDRs consistent with the Plan. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. 1. RM-1 FLU category Oommi~ion Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 7 of 15 Consistent: As this amendment related to the RM-1 FLU category, the proposed change is not inconsistent with the Miami Beach Art Deco District Preservation and Development Plan. Given that the intent of adding these development types into RM-1 is an attempt to preserve the historic character of the neighborhoods, the change is consistent with the principles expressed in the Goal of the Historic Preservation Element of the Comprehensive Plan. 2. RM-2 FLU category Consistent - The proposed changes are being made to make the Comprehensive Plan and the newly created West Avenue Bay Front Oveday District compatible with one another. Given that the intent of adding the Residential Office development type into RM-2 is an attempt to preserve the neighborhood character of the West Avenue neighborhood, the change is consistent with the principles expressed in the Goal of the Historic Preservation Element of the Comprehensive Plan. 3. I-1 FLU category Partially Consistent - Adding office use as a permitted use on the second floor could be complementary to the primary ground floor industrial uses. There is no neighborhood plan for this area. 4. "Other Uses" Section of the FLU Consistent - The proposed text amendment will better reflect the current existing land uses. The new uses being proposed will be compatible with the existing permitted uses, and hence with the comprehensive plan. Because this amendment would be effective citywide, there are several applicable neighborhood or redevelopment plans. The proposed additional uses are not inconsistent with those plans. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. 1. RM-1 FLU category Consistent - The proposed amendment is adding uses to a future land use category, it will not create an isolated district. These uses are compatible with the surrounding uses. 2. RM-2 FLU category Consistent -The proposed amendment would not create an isolated district. The uses staff is proposing to add are compatible with the surrounding uses. Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-I Page 8 of 15 = 3. I-1 FLU category Consistent -The proposed amendment will add one use, and limit other uses already allowed within the Industrial category. It will not create an isolated district. 4. "Other Uses" Section of the FLU Consistent - The proposed amendment will not create isolated districts. Whether the change suggested is out of scale with the needs of the neighborhood or the city. 1. RM-1 FLU category Consistent - This amendment is being proposed to ensure that the character of the West Avenue and Flamingo Park neighborhoods is maintained, and that it is designed to fit the scale of the neighborhood. It is not out of scale with the needs of the City or the neighborhood 2. RM-2 FLU category Consistent - This amendment is being proposed to ensure that the character of the West Avenue neighborhood is maintained, and is designed to fit the scale of the neighborhood. It is not out of scale with the needs of the City or the neighborhood. 3. I-1 FLU category Consistent - The proposed amendment is not out of scale with the needs of the City or the neighborhood. 4. "Other Uses" Section of the FLU Consistent - The proposed amendment adds additional uses, many of which are currently existing, to many Future Land Use categories. These additions make the Land Development Regulations and the Comprehensive Plan consistent with one another, and thus the proposed changes are not out of scale with the needs of the City or the neighborhood. Whether the proposed change would tax the existing load on public facilities and infrastructure. 1. RM-I FLU category Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 9 of 15 = Consistent - The proposed changes are not expected to have a negative impact upon the existing public facilities or infrastructure. 2. RM-2 FLU category Consistent - The proposed change is not expected to have a negative impact upon the existing public facilities or infrastructure. 3. I-1 FLU category Consistent - The proposed change is not expected to have an impact upon the existing public facilities or infrastructure. 4. "Other Uses" Section of the FLU Consistent - The proposed change is not expected to have an impact upon the existing public facilities or infrastructure. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Not applicable Whether changed or changing conditions make the passage of the proposed change necessary. 1. RM-1 FLU category Partially Consistent - A portion of this amendment has been brought about by changing conditions, namely the addition of uses to the West Avenue Bay Front Overlay District, which is newly created. However, the inclusion of bed and breakfast inns within the Flamingo Park neighborhood, and the addition of"Other Uses" to the RM-1 were not brought about by changing conditions. 2. RM-2 FLU category Consistent - Changing conditions in the form of a newly created West Avenue Bay Front Overlay District have brought about this proposed amendment. 3. I-1 FLU category Partially Consistent - The permitted uses in Light Industrial land use category provides for light industrial uses and compatible retail and service Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 10 of 15 facilities. This category does not list office as a permitted use. Adding office use, as a permitted use on the second floor could be complementary to the primary ground floor industrial uses. 4. "Other Uses" Section of the FLU Consistent - Changing conditions have brought about several amendments to the land development regulations over the past several years. The proposed amendment makes the Comprehensive Plan and the Land Development Regulations consistent with one another. Whether the proposed change will adversely influence living conditions in the neighborhood. 1, RM-1 FLU category Partially Consistent - The addition of a wider variety of transient housing may be perceived as adversely impacting living conditions for residents, however staff included criteria in the amendments specific to the Districts involved that would mitigate those impacts. 2. RM-2 FLU category Consistent - The addition of a wider variety of transient housing could be seen as adversely impacting living conditions for residents, but staff has proposed conditions in the amendments specific to the Districts involved to mitigate those impacts. 3. I-1 FLU category Consistent - The proposed amendment is not expected to negatively impact living conditions in this area. Residential uses are not permitted, though there are two existing non-conforming residential buildings within the boundaries of the district. 4. "Other Uses" Section of the FLU Consistent - The proposed amendment is not expected to negatively impact living conditions in the city. The uses which are proposed for addition to these categories already exist in many cases, and if not already existing, they are compatible with the intent of the future land use category. This amendment will also correct scrivener's errors that occurred during the 1994 amendment round Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 11 of 15 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan or otherwise affect public safety. 1. RM-1 FLU category Partially Consistent - The proposed text amendment is not expected to have a negative impact on the traffic congestion in Miami Beach. However, that determination will be made on a case-by-case basis by the Transportation and Concurrency Management Division. 2. RM-2 FLU category Partially Consistent - The proposed text amendment is not expected to have a negative impact on the traffic congestion in Miami Beach. However, as projects are reviewed, a determination would have to be made as to whether or not mitigation would be necessary. 3. I-1 FLU category Consistent - Future construction of office space may increase the number of employees in this area, but the proposed amendment is not expected to have any negative impact on the traffic congestion in Miami Beach. 4. "Other Uses" Section of the FLU Consistent - The proposed amendment is not expected to have any negative impact on the traffic congestion in Miami Beach. The uses that are proposed for addition to these categories already exist in many cases. Whether the proposed change will seriously reduce light and air to adjacent areas. 1. RM-1 FLU category Consistent - The proposed text amendment is not changing the current building height, bulk or mass regulations, but only what is allowed to exist within the building. The proposed amendment should not have a negative impact on the light and air received by adjacent areas, as it attempts to encourage the adaptive re-use of existing buildings. 2. RM-2 FLU category Consistent - The proposed text amendment is not changing the current building height, bulk or mass regulations, but only what is allowed to exist Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 12 of 15 within the building. The proposed amendment should not have a negative impact on the light and air received by adjacent areas. 3. I-1 FLU category Consistent - The proposed text amendment is not changing the current building height, bulk or mass regulations, but only what is allowed to exist within the building. The proposed amendment should not have a negative impact on the light and air received by adjacent areas. 4. "Other Uses" Section of the FLU Consistent - The proposed text amendment is not changing the current building height, bulk or mass regulations, but only what is allowed to exist within the building. There is not expected to be a negative impact on the light and air received by adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. 1. RM-1 FLU category Consistent - Property values in the adjacent areas are not expected to be negatively affected by the proposed text amendment. Providing additional permitted uses may have a beneficial impact on property values. 2. RM-2 FLU category Consistent - Property values in the adjacent areas are not expected to be negatively affected by the proposed text amendment. Providing additional permitted uses may have a beneficial impact on property values. 3. I-1 FLU category Consistent - Property values in the adjacent areas are not expected to be negatively affected by the proposed amendment. Providing additional permitted uses may have a beneficial impact on property values. 4. "Other Uses" Section of the FLU Consistent - Property values in the adjacent areas are not expected to be negatively affected by the proposed amendment. Providing additional permitted uses may have a beneficial impact on property values. Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 13 of 15 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations, 1. RM-I FLU category Consistent - This text amendment is not expected to be a deterrent to the improvement/development of the adjacent parcels or districts. 2. RM-2 FLU category Consistent - This text amendment is not expected to be a deterrent to the improvement/development of the adjacent parcels or districts. 3. I-1 FLU category Consistent - The proposed amendment will not be a deterrent to the improvement/development of the adjacent parcels. On the contrary, by adding office use on the second floor, staff expects that there will be an increased ability to complement the stated purpose of the category, namely, to provide an area for industrial uses. Also, allowing office uses on the second floor, where industrial uses have traditionally not been located, it allows development of the parcels to their fullest allowed height and FAR. 4. "Other Uses" Section of the FLU Consistent -The proposed amendment is not expected to be a deterrent to the improvement/development of the adjacent parcels. The uses, which are proposed for addition to these categories, in many cases already exist in the LDRs. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. 13, Not applicable Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. 1. RM-I FLU category Partially Consistent - It is possible to find other future land use categories where these uses can be created, but the beneficial effects on retaining neighborhood character warrant their inclusion in this category as well. 2. RM-2 FLU category Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 14 of 15 Partially Consistent - It is possible to find other future land use categories where these uses can be created, but the beneficial effects on retaining neighborhood character warrant their inclusion in this category as well. 3. I-1 FLU category Partially Consistent - Office uses can be placed in all commercial categories, and also in the residential office category. 4. "Other Uses" Section of the FLU Partially Consistent - All of the uses proposed for addition to the various future land use categories are also allowed in various other categories throughout the City. However, the Land Development Regulations allowthe listed uses, and the proposed amendment creates consistency between the Comprehensive Plan and the Land Development Regulations. Planning Board Action The subject amendment is a Text Amendment to the Comprehensive Plan of the City of Miami Beach. As such, the Planning Board, as the land-planning agency for the city, was required to hold a public hearing and to make a recommendation. The Board heard this matter at a public hearing on July 23, 2002, and without any dissent from the public present, the Board voted unanimously 5-0 (two members absent) to recommend to the City Commission approval of the proposed amendment. Procedure The City Commission held the first reading public hearing on September 25, 2002 in accordance with Section 163-3184(15(b)1, F.$. At that meeting, the Commission approved the proposed ordinance on first reading and directed the Administration to transmit the proposed Plan amendment to the Department of Community Affairs (DCA) and other state and regional agencies for review and comment. On December 17, 2002, the Administration received notification from the DCA informing the City that there were no objections to the proposed amendment and that upon receipt of the letter, the City has 60 days in which to adopt the proposed amendment. Please note that adoption of the proposed amendment is time sensitive. At this time the Commission must hold a second reading public hearing to adopt the proposed amendment, and pursuant to Section 163.3184(15) F.S., shall be advertised in the newspaper at least 5 days before the public hearing. Commission Memorandum February 5, 2003 Comprehensive Plan Amendments - Round 03-1 Page 15 of 15 Since this proposed amendment could not be adopted during the year 2002, the amendment has been transferred to the first cycle of the year 2003, thereby allowing the City only one other cycle of amendments during 2003. Conclusion Based on the foregoing, the Administration recommends that the City Commission approve the proposed amendment to the Comprehensive Plan. J MG\C'~C\~M L T:~AGENDA~2003\feb0503~regular~1552 complan 03-1 2nd rdg.doc CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO PART I1: BOALS, THE CITY OF MIAMI BEACH TEAR 2000 COMPREHENSIVE PLAN NOTICE TO THE PUBLIC The City of Miami Beach pmpoass to adopt the following Ordinance: Round #03-1 Comprehensive Plan amendments. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I1: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAH 2000 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT TO ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-1 1 EDTUSE LAND USE CATEGORY WITHIN THE FLAMINGO PARK HISTORIC DISTRICT; TO ALLOW OFFICES IN THE I-1 FUTURE LAND USE CATEGORY; TO ADD RESIDENTIAL OFRCE, SUITE HOTELS, AND BED ANO OREAICT-AST INNS TO THE LIST OF PERMITIT:D USES IN THE IIM-1 CATEG(XlY WITHIN THE WEST AVENUE BAY FRONT DI~lglCT OVERLAy; AND TO ADO RESIDENTIAL OFFICE TO THE RM-2 ~C~. ~_Wr~H~ I.N.,..~,.E_WEST.AVENUE BAY FRONT DISTRICT OVERLAy; AND BY B.~.qISIPTINiJ A5 UTHER USES THE CONDITIO NAL USES WHICH ARE REQUIRED TO GO THROUGH A PUBLIC HEARING PROCESS AND THE ACCESSORY .T.O._B.E SUBOnD,NATE THE AS THEY YUYUY BE iP.u m r.A~. LANU USE CATEGORY; DIRECTING TRANSMITrALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; '.O"AN"' . '"'.'NCU.,0H,HTHE OMPBE.END,UE A PIJaUC HEARING on the ordinance will be held by the MfamJ Beach 'City Commission on Wednesday February 6, 2003 at 5'15 p m or as soon there ib4e ' . 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