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Ordinance 2018-4223 NORTH BEACH TOWN CENTER—CENTRAL CORE COMPREHENSIVE PLAN AMENDMENT ORDINANCE NO. 2018-4223 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," POLICY 1.2, TO ESTABLISH THE TOWN CENTER — CENTRAL CORE CATEGORY (TC-C) PROVIDING FOR REGULATIONS ON USES, DENSITY LIMITS, AND INTENSITY LIMITS; BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTIES GENERALLY BOUNDED BY 72ND STREET TO THE NORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE AND DICKENS AVENUE TO THE WEST FROM THE CURRENT "TOWN CENTER CORE CATEGORY (TC-1)," "TOWN CENTER COMMERCIAL CATEGORY (TC-2)," AND "TOWN CENTER RESIDENTIAL OFFICE (TC-3)" TO TOWN CENTER—CENTRAL CORE CATEGORY (TC-C);" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in September 2015, at the recommendation of the Mayor's Blue Ribbon Panel on North Beach and after an appropriate Request for Qualifications had been issued, the City Commission entered into an agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach portion of the City; and WHEREAS, on October 19, 2016 and pursuant to City Resolution No. 2016-29608, the Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl and Partners, Inc. after significant public input; and WHEREAS, the North Beach Master Plan identifies the Town Center area as being in need of redevelopment and revitalization; and WHEREAS, the North Beach Master Plan recommended increasing the FAR to 3.5 for a majority of the area encompassing the Town Center zoning districts (TC-1, TC-2, and TC-3); and WHEREAS, the goal of the recommendation is to enable the design and construction of larger buildings within the Town Center, and to encourage the development of 71st Street as a "main street"for the North Beach area; and WHEREAS, on November 7, 2017, and pursuant to Resolution No. 2016-29608, the following ballot question was submitted to the City's voters: FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR— Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the TC-2 district; and from 1.25 for the TC-3 district; and WHEREAS, City Charter Section 1.03(c), requires that any increase in zoned FAR for any property in the City must be approved by a majority vote of the electors of the City of Miami Beach; and WHEREAS, the ballot question was approved by 58.64 percent of the City's voters; and WHEREAS, on May 16, 2018, the City Commission adopted Comprehensive Plan Amendment "Miami Beach 18-1 ESR" as ordinance no. 2018-4189, providing for an FAR of 3.5, for properties with a PF, TC-1, TC-2, and TC-3 future land use designation that are located within the North Beach Town Center Revitalization Overlay; and WHEREAS, the City seeks to adopt regulations to ensure that the FAR increase results in redevelopment that encourages alternative modes of transportation to single occupancy vehicles; including, but not limited to walking, bicycling, and public transportation; and WHEREAS, due to the advent of online retailing, economic conditions are changing, and impacting traditional retailers; and WHEREAS, the City seeks to allow uses that will be viable into the future due to changing economic conditions; and WHEREAS, the City has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City seeks to amend the Comprehensive Plan to update the plan to be consistent with the vote of the residents relating to the Town Center; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives and the vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. 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 a 163.3202, F.S., and shall further be based on the following standards for land use category, land use intensity and land use: Phased Bayside Intensive Mixed Use Commercial "Performance Standard" Category (C-PS4) Intensity Floor Area Ratio Limits: 2.5. Town Center—Central Core Category ITC-Cl Purpose: To encourage and enhance the high-intensity commercial employment center function of the North Beach Town Center's Central Core area; support the Town Center's role as the hub of community-wide importance for business, office, retail, governmental services culture and entertainment; promote development of a compact, pedestrian and transit oriented mixed-use area; provide opportunities for live-work lifestyles; and create a place that represents a unique, attractive and memorable destination for residents and visitors. Uses which may be Permitted: Various types of commercial uses including, business and professional offices, retail sales and service establishments, eating and drinking establishments outdoor cafes, artisanal retail, neighborhood fulfillment centers; residential uses; and hotels. 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. Density Limits: 150 dwelling units per acre. Intensity Limits: a floor area ratio of 3.5. Intensity may be further 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 the floor area ratio identified above. SECTION 2. The properties bounded by 72nd Street to the north, Collins Avenue to the east, 69th Street to the south, and Indian Creek Drive and Dickens Avenue to the west that are currently designated "Town Center Core Category (TC-1)," "Town Center Commercial Category (TC-2)," and "Town Center Residential Office (TC-3)" shall be designated "Town Center — Central Core Category (TC-C)" on the City's Future Land Use Map, as depicted in Exhibit A. 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. 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. '/ PASSED and ADOPTED this 14 day of NOVembr , 2018. ATTEST . . F,9 �� rA \l. - n Gelber, Mayor mr4a t 14 f r *'JNCOP ORATED * � APPROVED AS TO - -feel E. ranado ity Jerk 'C.... G . ,: ,2 FORM & LANGUAGE V9 ,10�= & FOR EXECUTION First Reading: September 12, 2011/2(CH 26 „ ' Second Reading: November 14, 2018 -.. /' �/2�-�I g City Attorney ,{s./ Date (Sponsors: CommissionerseIL._n = izabeth . eman and Ricky Arriola) »l�w���' Verified By: '. . Thomas R. Mooney/ICP Planning Director T:AGENDA\2018\09 SeptemberTlanning\NB TCC Comp Plan-First Reading ORD docx Exhibit A I 74TH ST - -- I 1C --� Legend _ 6- a_ ' Affected Area ' I 1• z __ T3R-ST --73RD ST-----, I \\,N.N \\\ / .i I 0 C4 it _ I i i 'V NI�l � l / / I NIm 1..___-_ — — IND ST /ii iii iii//ia /i / r, A iii/ia 1 74:1, 4 I Or or � %i•j /%iiia 1 iii%/i.%7 %// i...�i% /7/�///♦ // /iId ii/• ti // % , ?1ST ST //// / // // // 71ST ST / / r (r A or 8 ''/// 9TH ST a ` 69THST a I- -aIl 1 a ' . .11J3 ° m 0 125 250 500 Feet A -- A �_j v F Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 14, 2018 5:01 p.m. Second Reading Public Hearing SUBJECT: NORTH BEACH TOWN CENTER - CENTRAL CORE COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," POLICY 1.2, TO ESTABLISH THE TOWN CENTER - CENTRAL CORE CATEGORY (TC-C) PROVIDING FOR REGULATIONS ON USES, DENSITY LIMITS, AND INTENSITY LIMITS; BY AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE PROPERTIES GENERALLY BOUNDED BY 72ND STREET TO THE NORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE AND DICKENS AVENUE TO THE WEST FROM THE CURRENT "TOWN CENTER CORE CATEGORY (TC-1)," "TOWN CENTER COMMERCIAL CATEGORY (TC-2)," AND "TOWN CENTER RESIDENTIAL OFFICE (TC-3)" TO "TOWN CENTER - CENTRAL CORE CATEGORY (TC-C);" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY;AND AN EFFECTIVE DATE. ......_....... . . . ...._.... .. . RECOMMENDATION The Administration recornnends that the City Commission adopt the subject Ordinance. ANALYSIS HISTORY On July 2, 2018, the City Commission referred the proposed Comprehensive Plan Amendment to the Planning Board. This referral was a companion to the proposed amendments to the Land Development Regulations (LDR's), which will create the proposed Town Center Core (TC-C District). On July 31, 2018 the Land Use and Development Committee reviewed the proposed Comprehensive Plan Amendment in conjunction wit the review of the LDR Ordinance. The Land Use Committee continued the discussion of both items to the September 5, 2018 Land Use Committee meeting. The September 5, 2018 Land Use Committee meeting was moved to September 28, 2018. The Land Use Committee recommended adoption of the Ordinance at 2nd Reading. BACKGROUND Page 872 of 1981 On November 7, 2017 the voters of the City of Miami Beach approved an increase in FAR to 3.5 for the area of the TC district bounded by 69th Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive/Dickens Avenue on the west. These boundaries approved for an FAR increase, include properties with the following zoning districts: • TC-1 (previous maximum FAR of 2.25—2.75); • TC-2 (previous maximum FAR of 1.50—2.00); •TC-3 (previous maximum FAR of 1.25). Pursuant to the approved ballot question, the maximum FAR for all zoning districts within the specified boundaries has been permitted by the voters to be increased to 3.5. In order to effectuate the proposed FAR increase, a separate enabling ordinance was referred to the Planning Board by the City Commission on January 17, 2018. On February 27, 2018, the Planning Board transmitted this ordinance to the City Commission with a favorable recommendation. This enabling legislation was adopted by the City Commission on May 16, 2018. A separate companion LDR Ordinance is also scheduled for First Reading before the City Commission on September 12, 2018. This LDR Ordinance would establish a TC-C, Town Center — Central Core zoning district with an FAR of 3.5, and would replace the TC-1, TC-2, TC-3, and TC- 3(c)districts within the boundaries of the area established by the FAR referendum, PLANNING ANALYSIS The proposed comprehensive plan amendment would create a new Future Land Use area entitled: "Town Center — Central Core Category (TC-C)." This new Future Land Use designation would include the properties bounded by 72nd Street to the north, Collins Avenue to the east, 69th Street to the south, and Indian Creek Drive and Dickens Avenue to the west. The properties in this area, which are currently designated "Town Center Core Category (TC-1);' "Town Center Commercial Category (TC-2)," and "Town Center Residential Office (TC-3)", would now be designated "Town Center— Central Core Category (TC-C)" on the City's Future Land Use Map. In addition to creating a purpose and permitted uses, a uniform density limit of 150 units per acre would be established for the entire TC-C area. The existing density limit in the area is 150 units per acre for properties with a current Future Land Use Designation of TC-1, and 60 units per acre for properties with a current Future Land Use Designation of TC-2 and TC-3. This represents an increase in density for those properties currently designated TC-2 and TC-3. Comprehensive Plan Issues The subject Ordinance includes a text amendment to Policy 1.2 of 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 intergovemrnental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency. The proposed amendment will not increase the maximum residential density within the affected area. Page 873 of 1981 For any increase in established residential units, final site plan 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 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 The Planning Board reviewed the subject Ordinance on July 24, 2018 and transmitted it to the City Commission with a favorable recommendation (Vote 6-0). UPDATE The subject Ordinance was approved at First Reading on September 12, 2018 and transmitted to the applicable regulatory review agencies for comment. No comments were received from any of the applicable review agencies. As such, the Comprehensive Plan Amendment may move forward for adoption. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Legislative Tracking Planning Sponsor Commissioners John Elizabeth Aleman and Ricky Arriola ATTACHMENTS: Description ❑ NB TCC Comp Plan - Form Approved ORD ❑ Ad Page 874 of 1981 Lu 7cmw „Lc, k0 !EE - _ \ :\° - .an_ : : : _ : \ = k < § 1- \ \ \ - - - » « « z - \ : ? 3. § � oG ._ . - xa C - - , » - : w _ - - e _ « ; ,;!! ! - _ - - : - - - :_ ° ` : cc _ CO a - z . _ - - BB2Iuj � \\ �^ , t ` » ^ \ « i \ _334 sgt" � .- . vJ a\\\//\/) / //\; S \ \ { \ / � . § . ne , gaz«6©©2ip aSn ; 9 «2: a« zi_ CL � - z § / H: E//5/9/2> G / J6; \/ \ ! \ \ u � � ua � o22: Eg9n««egzgJ2\, gbg : \ J 3 § � § zm �en /\Z \SaQ2G@\, � 2 » c : ycv - co Z22 � k \/ « 2 - � F9 \ « \: _E ° \\\ \\\\\\\\) \ \\\ ) \\ \ { \\ (