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Ordinance 2018-4186North Beach National Register Conservation District Overlay — Comprehensive Plan Amendments ORDINANCE NO. 2018 -4186 AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS IN SECTION 163.3184(3), FLORIDA STATUTES, BY DESIGNATING THE "NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY" IN THE FUTURE LAND USE MAP; BY MODIFYING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO PROVIDE FOR INCREASED DENSITY ON PARCELS DESIGNATED "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM -1)" LOCATED WITHIN THE "NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach multifamily neighborhoods were largely developed between 1935 and 1963 with low scale, Mid Century Modern buildings on 50 feet lots, giving the area a cohesive and distinctive character; and WHEREAS, on November 12, 2008, the Normandy Isles National Register District was placed on the National Register of Historic places by the United States Department of the Interior; and WHEREAS, on November 18, 2009, the North Shore National Register District was placed on the National Register of Historic places by the United States Department of the Interior; and WHEREAS, in order to ensure that new development is compatible with the as -built character of National Register Districts, amendments to the RM -1 development regulations, through the creation of a Conservation District Overlay are warranted; and WHEREAS, the City desires to encourage the retention and preservation of existing `Contributing' buildings in the National Register Districts, reduce parking requirements and promote walking, bicycling and public transit modes of transportation, as well as reduce the scale and massing of new development in the residential neighborhoods. WHEREAS, on February 8, 2017, the City Commission engaged the North Beach Master Planner, Dover -Kohl, in a review and assistance capacity for this ordinance; and Page 1 of 4 WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The following amendment to the City's 2025 Comprehensive Plan Future Land Use Map is hereby adopted: The North Beach National Register Conservation District Overlay shall be designated on the Future Land Use Map for the properties identified in the attached map, as Exhibit A, incorporated by reference herein. SECTION 2. The following amendments to the City's 2025 Comprehensive Plan Future Land Use Element are hereby adopted: CHAPTER 1 FUTURE LAND USE ELEMENT OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS Policy 1.2 The land development regulations which implement this Comprehensive Plan shall, at a minimum, be based on and be consistent with s. 163.3202, F.S., and shall further be based on the following standards for land use category, land use intensity and land use: Low Density Multi Family Residential Category (RM -1) Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and /or new low density multi - family residential areas. Uses which may be permitted: Single family detached dwellings; single family attached dwellings, townhouse dwellings and multiple family dwellings, and hotels 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 Overlay District, both of which are described in the Land Development Regulations. Residential office and suite hotel uses are permitted in the West Avenue Bay Front Overlay District only. Page 2 of 4 Other uses which may be permitted are accessory uses specifically authorized in this and 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. Density Limits: 60 dwellings units per acre, except for the following: • 110 dwelling units per acre in the North Beach National Register Conservation District Overlay Intensity Limits: Intensity may be limited by such set back, height, floor area ratio and /or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complementary public policy. However, in no case shall the intensity exceed a floor area ratio of 1.25, except for the following: • the west side of Collins Avenue between 76th and 79th Streets shall not exceed a floor area ratio of 1.4; and • Public and private institutions on a lot area equal to or less than 15,000 sq. ft shall not exceed a floor area ratio of 1.25, or for a lot area greater than 15,000 sq. ft. the floor area ratio shall not exceed 1.4 SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the 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. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. SECTION 6. TRANSMITTAL. The Planning Director is hereby directed to transmit this ordinance to the appropriate state, regional and county agencies as required by applicable law. Page 3 of 4 SECTION 7. EFFECTIVE DATE. This ordinance shall take effect 31 days after the state land planning agency notifies the City that the plan amendment package is complete pursuant to Section 163.3184(3), Florida Statutes. April PASSED and ADOPTED this 1/ day of Apr 2018. ATTEST: Rafae ranad• City Cler t .. 1 INCORPORATED: * i \4/ +, (Sponsored by Commissioner John Elizabeth Aleman) First Reading /Transmittal: /riiv l ecember 13, 2017 Second ading018 oole Verified : / , %// T r. Pr s R. Mooney, AIC lanning Director Underline = new language Sri -kethre-u-g► = deleted language Dan Gelber, Mayor APPROVED AS TO FORM` & LANGUAGE & FOR EXECUTION City Attorne Date T:\AGENDA \2018 \04 April \Planning \NB NR Conservation District Overly Comp Plan Amendment - Second Reading ORD.docx Page 4 of 4 MAM BEACH Ordinances - R5 1 COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: April 11, 2018 1:35 p.m. Second Reading Public Hearing SUBJECT: NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY COMPREHENSIVE PLAN AMENDMENTS: AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS IN SECTION 163.3184(3), FLORIDA STATUTES, BY DESIGNATING THE "NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY" IN THE FUTURE LAND USE MAP; BY MODIFYING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," TO PROVIDE FOR INCREASED DENSITY ON PARCELS DESIGNATED "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM -1)" LOCATED WITHIN THE "NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Comprehensive Plan amendment. ANALYSIS HISTORY On June 27, 2017, the Planning Board reviewed a companion ordinance pertaining to NCD development regulations. At this time it was determined that a separate comprehensive plan amendment was also required, to create a conservation district overlay within the comprehensive plan and to address potential increases in allowable density within the overlay. BACKGROUND The "Normandy Isles National Register District" was listed on the National Register of Historic Place on November 12, 2008. This district is generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. The "North Shore National Register District" was listed on the National Register of Historic Places on November 18, 2009. This district is generally bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. 835 Each of these National Register Districts has a designation report, which contains detailed information and data on the history, architecture and building types in the district. Additionally, a comprehensive local historic district designation report, for the local district boundaries authorized by the City Commission, was prepared by Planning Department staff. PLANNING ANALYSIS On October 19, 2016, the City Commission approved the North Beach Master Plan. The Master Plan called for the establishment of a Conservation District in order to protect the existing character of the neighborhood as properties are revitalized or redeveloped. The proposed ordinance would establish the North Beach National Register Conservation District Overlay within the Comprehensive Plan Future Land Use Map. Additionally, the amendment allows for an increase in residential density for properties with an RM -1 future land use designation within the Overlay. Within the Land Development Regulations, the North Beach National Register Conservation District Overlay proposes to reduce the minimum average unit size to 400 square feet from 800 square feet. In order to ensure consistency between the Comprehensive Plan and the Land Development Regulations, the amendment proposes to increase the density for the aforementioned properties to 110 dwelling units per acre. The affected area is primarily built -out with low -scale multifamily buildings which are at or near their maximum floor area ratio, and as a result many parcels will likely not be taking advantage of the increased density. According to the Miami -Dade Property Appraiser's data, there are approximately 3.30 acres of vacant and within the area. The vacant parcels represent an estimate of the parcels that will be taking advantage of the increased density. If these properties were to develop under current regulations, they could contain a maximum of 198 dwelling units. With the proposed increase, there could be a maximum of 363 dwelling units. The proposed increase in allowable density is not expected to increase congestion beyond adopted levels of service (See Concurrency Analysis at the end of this report). However, an individual concurrency review will be required with each proposed development to ensure that levels of service are not exceeded and that any potential impacts are mitigated. Comprehensive Plan Issues This application includes a text amendment to the Future Land Use element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30 -day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals. Interlocal Agreement for Public School Facility Planning The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. The proposed amendment increases the maximum residential density of RM -1 properties within the North Beach National Register Conservation District Overlay from 60 to 110 dwelling units per acre. For any increase in established residential units, final site Van approval is contingent upon meeting Public School Concurrency requirements and any applicant will be required to obtain a valid School Concurrency Determination Certificate (Certificate) issued& by the Miami -Dade County Public 836 Schools. Such Certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri- party development agreement and duly executed prior to the issuance of a Building Permit. PLANNING BOARD REVIEW On November 21, 2017, the Planning Board reviewed the item and transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation. UPDATE The subject Ordinance was approved by the City Commission at First Reading on December 13, 2017. On December 15, 2017, the Administration transmitted the proposed amendment to reviewing agencies as required by Section 163.3184, Florida Statutes. The reviewing agencies include the Florida Department of Economic Opportunity (FDEO), which serves as the State Land Planning Agency; the South Florida Regional Planning Council; Florida Department of Transportation, District 6; South Florida Water Management District; Florida Department of Environmental Protection; Florida Department of State, Bureau of Historic Preservation; Florida Department of Education; and Miami -Dade County. On January 19, 2018, the FDEO provided a formal response to the City (see attached letter). This response includes the following technical assistance comment regarding the proposed Comprehensive Plan amendment for consideration by the Mayor and City Commission: The proposed amendment has the potential to increase the maximum residential density for the portion of the Low Density Multi Family Residential Category (RM-1) within the proposed North Beach National Register District Overlay future land use map category, by 83%, from 60 dwelling units per acre to 110 dwelling units per acre. The potential to increase residential density within and near the CHHA (Coastal High Hazard Area), now and in the future, could adversely impact hurricane evacuation times. In response, the City could revise the amendment to preclude density increases within or near to the CHHA or to include strategies that ensure that hurricane evacuation times are not adversely effected by additional density and greater population in the coastal area. The agency offered the comment in an effort to strengthen the Comprehensive Plan. However the agency did not indicate that it will challenge the proposed amendment to the Comprehensive Plan, should the City choose not comply with the recommendation. A map is attached illustrating the location of the CHHA, relative to the proposed North Beach National Register District Overlay. No other reviewing agencies provided comments regarding the proposed amendment. As part of the 2018 Evaluation and Appraisal Report for the Comprehensive Plan (EAR), the Administration will be closely reviewing Evacuation Standards city wide. While sensitive to the issue of emergency evacuations in the CHHA, the Administration believes that the actual increase in density attributable to this amendment, and the proposed conservation district overlay, will be minimal. If future increases in overall density of the overlay begin to exceed available infrastructure, including the ability to safely evacuate the area in the event of an emergency, the density limits can be further studied and reduced, as needed. On February 14, 2018 Second Reading of the subject Ordinance was continued to April 11, 2018. CONCLUSION In view of the foregoing analysis, the Administration recommends that the City Commission adopt the Comprehensive Plan amendment. 837 Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o |NAP - CHHA o DEO Response o Ordinance Coastal High Hazard Area IMCoastal High Hazard Area ei ® North Beach National Register Conservation District Overlay RM -1 Parcels within the North Beach NRCD Overlay 86TH;S 4TH ST 82ND .S 1ST ST 80TH,TS ,r79TH TE TII 711 /1 187TH �..ST { __._ T� i 1 82ND - - -W _.-W 2.4... TER Q i i____ Q - -_ 1 ` ^ o` _zyl® ',z Lij_ iii .0 250 500 1,000 Feet i I w -_ 79TH N 839 Rick Scott GOVERNOR The Honorable Dan Gelber Mayor, City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Mayor Gelber: FLORIDA DEPARTMENT ECONOMIC OPPORTUNITY January 19, 2018 Cissy Proctor EXECUTIVE DIRECTOR The Department of Economic Opportunity has completed its review of the proposed comprehensive plan amendment for the City of Miami Beach (Amendment No. 17- 5ESR), which was received on December 22, 2017. We have reviewed the proposed amendment pursuant to Sections 163.3184(2) and (3), Florida Statutes (F.S.), and identified no comment related to important state resources and facilities within the Department's authorized scope of review that will be adversely impacted by the amendment if adopted. We are, however, providing one (1) technical assistance comment. The Agency's technical assistance comment will not form the basis of a challenge but is offered to strengthen the City's comprehensive plan or ensure compliance with the provisions of the Community Planning Act. The technical assistance comment is: The proposed amendment has the potential to increase the maximum residential density for the portion of the Low Density Multi Family Residential Category (RM -1) within the proposed North Beach National Register District Overlay future land use map category, by 83 %, from 60 dwelling units per acre to 110 dwelling units per acre. The potential to increase residential density within and near the CHHA, now and in the future, could adversely impact hurricane evacuation times. In response, the City could revise the amendment to preclude density increases within or near to the CHHA or to include strategies that ensure that hurricane evacuation times are not adversely effected by additional density and greater population in the coastal area. The City is reminded that pursuant to Section 163.3184(3)(b), T.S., other reviewing agencies have the authority to provide comments directly to the City. If other reviewing agencies provide comments, we recommend the City consider appropriate changes to the amendment based on those comments. If unresolved, such comments could form the basis for a challenge to the amendment after adoption. Florida Department of Economic Opportunity 1 Caldwell Building j 107 E. Madison Street 1 Tallahassee, FL 32399 850,245,71051 www,floridajobs.org www,twitter.com /FLDEO 1www.facebook.com /FLDEO An equal opportunity employer /program. Auxiliary aids and service are available upon request to individuals with disabilities. All voice telephone numbers on this document may be reached by persons using TTY /TTD equipment via the Florida Relay Service at 711, 840 The Honorable Dan Gelber January 19, 2018 Page 2 of 2 The City should act by choosing to adopt, adopt with changes, or not adopt the proposed amendment. Also, please note that Section 163.3184(3)(c)1, F.S., provides that if the second public hearing is not held and the amendment adopted within 180 days of your receipt of agency comments, the amendment shall be deemed withdrawn unless extended by agreement with notice to the state land planning agency and any affected party that provided comment on the amendment. For your assistance, we have enclosed the procedures for adoption and transmittal of the comprehensive plan amendment. If you have any questions related to this review, please contact Ed Zeno - Gonzalez, Planning Analyst, at (850) 717 - 8511, or by email at Ed. Zeno - Gonzalez @deo.myflorida.com. JD /ez ..iacerely, Julie A.:i ennis, Director Divnsion, „o ,Community Development Enclosures: Procedures for A.doption cc: Rogelio Madan, AICP, Chief of Community Planning & Sustainability Isabel Cosio Carballo, Executive Director, South Florida Regional Planning Council 841 SUBMITTAL OF ADOPTED COMPREHENSIVE PLAN AMENDMENTS FOR EXPEDITED STATE REVIEW Section 163.3184(3), Florida Statutes NUMBER OF COPIES TO BE SUBMITTED: Please submit three complete copies ofall comprehensive plan materials, of which one complete paper copy and two complete electronic copies on CD ROM in Portable Document Format (PDF) to the Department of Economic Opportunity and one copy to each entity below that provided tim c|y comments to the local government: the appropriate Regional Planning Council; Water Management District; Department of Transportation; Department of Environmental Protection; Department of State; the appropriate county (municipal amendments only); the Florida Fish and Wildlife Conservation Commission and the Department of Agriculture and Consumer Services (county plan amendments only); and the Department of Education (amendments relating to public schools); and for certain local governments, the appropriate military installation and any other local government or governmental agency that has filed a written request. SUBMITTAL Please include the foliowing information in the cover Jetter transmitting the adopted amendment: Department of Economic Opportunity Jdentification number for adopted Summary description ofthe adoption package, including any amendments proposed but not adopted; Identify if concurrency has been rescinded and indicate for which public facilities. (Transportation, schools, recreation and open space). Certification that the adopted amendment(s) has been submitted to all parties that provided timely comments to the local government; Name, title, address, telephone, FAX number and e-mail address of Iocal government contact; Letter si edh«th8ch|ef8lectedoffC|alo[theperS0DdeS' ated by the local government. Effective: June 2, 2011 (Updated March 11, 2013) ADOPTION AMENDMENT PACKAGE: Please include the following information in the amendment package: In the case of text amenclments, changes shoud be shown in strike through/underline format. ______ In the case offuture land use map amendments, an adopted future land use map, in color format, clearly depicting the parcel, its future land use designation, and its adopted designation. A copy of any data and analyses the Iocal government deems approprinte. Note: If the local government is relying on previously submitted data and analysis, no additional data and analysis is required; Copy of the executed ordinance adopting the comprehensive plan amendment(s); Suggested effective date language for the adoption ordinance for expedited review: The effective date of this plan amendment, if the amendment is not timely challenged, shall be 31 days after the Department of Economic Opportunity notifies the local government that the plan amendment package is complete. If timely challenged, this amendment shall become effective on the date the Department of Economic Opportunity or the Administration Commission enters a final order determining this adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution sha/l be sent to the Department of Economic Opportunity. List of additional changes made in the adopted amendment that the Department of Economic Opportunity did not previously review List of findings of the Iocal governing body, if any, that were not included in the ordinance and which provided the basis of the adoption or determination not to adopt the proposed amendment; Statement indicating the relationship Of the additional changes not prevous|« reviewed by the DepartnOeDt0fEcoDurnicOopmrtun�vin response tn the COrDDl8Dt' Ietter from the Departrent of Economic Opportunity. Effective: June 2'2O11(Upd ed March 11, 2013)