Item Coversheet

Ordinances - R5  K




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:July  31, 2019
 

First Reading

SUBJECT:

EVALUATION AND APPRAISAL REVIEW - COMPREHENSIVE PLAN AMENDMENTS

AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, PURSUANT TO THE STATE COORDINATED REVIEW PROCESS OF SECTION 163.3184(4) AND (11), FLORIDA STATUTES, BY AMENDING GOALS, OBJECTIVES, POLICIES, AND DOCUMENT TITLES OF THE COMPREHENSIVE PLAN, INCLUDING THE FOLLOWING ELEMENTS: FUTURE LAND USE, TRANSPORTATION, HOUSING, PUBLIC SCHOOLS FACILITIES, INFRASTRUCTURE, RECREATION AND OPEN SPACE, INTERGOVERNMENTAL COORDINATION, CAPITAL IMPROVEMENTS PROGRAM, AND HISTORIC PRESERVATION; ESTABLISHING A NEW RESILIENCY AND SUSTAINABILITY ELEMENT THAT INCORPORATES THE CONSERVATION AND COASTAL ZONE MANAGEMENT GOALS, OBJECTIVES, AND POLICIES REQUIRED BY SECTION 163.3177, FLORIDA STATUTES; DELETING THE CONSERVATION/COASTAL ZONE MANAGEMENT ELEMENT; AND, PURSUANT TO FLORIDA ADMINISTRATIVE CODE RULE 73C-49 AND SECTION 163.3191, FLORIDA STATUTES, ENTITLED “EVALUATION AND APPRAISAL OF COMPREHENSIVE PLAN,” INCORPORATING NECESSARY AMENDMENTS REFLECTING CHANGES IN STATE REQUIREMENTS, AND UPDATING THE COMPREHENSIVE PLAN BASED ON CHANGES IN LOCAL CONDITIONS SINCE THE LAST UPDATE BASED ON THE EVALUATION AND APPRAISAL REPORT UPDATE ADOPTED ON APRIL 13, 2011; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the attached amendments to the Comprehensive Plan at first reading and authorize transmittal of the amendments to state review agencies; and set a second reading public hearing for October 16, 2019.

ANALYSIS

HISTORY

On February 13, 2019 at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee and the Planning Board (Item C4 O).

 

On July 24, 2019, the Land Use and Development Committee (LUDC) reviewed the proposed amendments to the Comprehensive Plan and recommended that they be approved by the City Commission.  The LUDC also recommended that the Blueways Master Plan be updated to reflect policy changes not requiring public waterfront access in single-family areas.

 

BACKGROUND

The City of Miami Beach Comprehensive Plan is a state mandated document that guides the decisions of the city as it pertains to addressing the needs of existing and future residents and businesses.  The plan provides general regulations for growth, development, infrastructure, housing, parks and recreation, and more.  The goals, objectives, and polices of the comprehensive plan are then implemented through more detailed documents such as the land development regulations, city code, storm water master plan, and the resiliency strategy/strategic plan.  The comprehensive plan and plan amendments are adopted by ordinance per Florida Statute 163, Part II.  All ordinances adopted by the city must be consistent with the standards set within the comprehensive plan.   

 

The proposed amendments were prepared as part of an EAR process to update the comprehensive plan for consistency with state law and to address changing conditions and needs in the city.  Such updates are required every seven years, pursuant to Section 163.3191, Florida statutes.  As part of the EAR process, the city and our consultants have gathered data and performed analyses on existing conditions and trends in the City.  Other plans and strategies that the city has formulated have been considered, including the storm water master plan, the transportation master plan, the Urban Land Institute (ULI) report, the Resilient 305 strategy and the adopted Miami Beach Strategic Plan.

 

A public meeting took place on January 28, 2019 to solicit input from residents and stakeholders.  The comments were primarily focused on issues related to sea level rise, the environment, and incentivizing workforce and affordable housing.  Attached is a summary of the comments that were provided by residents.  The information gathered at this meeting, as well as any subsequent feedback, were utilized to determine best practices for policies to incorporate into the plan, while addressing the needs of residents and other stakeholders. 

 

Specific goals, objectives, and policies have been drafted that address updates to state statutes and the changing conditions and needs of the city. 

 

ANALYSIS

Per section 163.3177 (1) 3, Florida statutes, comprehensive plans are required to be based upon permanent and seasonal population projections published by the Bureau of Economic and Business Research.  Attached is a data and analysis document that identifies expected changes in population.  The estimated growth in population, as identified by the State of Florida Shimberg Center for Affordable Housing, which publishes the population projections from the Bureau of Economic and Business Research, is below:

 

City of Miami Beach Permanent Population Projections

(2010-2040)

2010

2016

2020

2025

2030

2035

2040

87,779

92,799

95,537

98,342

98,342

100,526

105,144

 

The expected population for the 2040 planning horizon of the comprehensive plan is 105,144.  According to the estimate, there were 92,799 residents in 2016.  Therefore, throughout the planning horizon, there is an expected population increase of 12,345 residents, per the statutorily required projections. 

 

As the City of Miami Beach is built-out, it is expected that this population increase will be accommodated through infill redevelopment.  The City expects to be able to accommodate an additional 2,655 residents in the North Beach Town Center – Central Core (TC-C) area, which currently has an estimated population of 735 residents, but can accommodate approximately 2,655 residents. It is anticipated that the remaining population can be accommodated through redevelopment of vacant or underutilized properties throughout the City.

 

Since the last update to the last Evaluation and Appraisal Report (EAR) the City has begun addressing significant issues related to sea-level rise and climate change.  The City also faces issues regarding transportation and affordability. 

 

In order to accommodate this growth and address other changes affecting the City, several amendments are being proposed to the Comprehensive Plan.

 

SUMMARY OF PROPOSED CHANGES

Below is a summary of changes that are being proposed to the Comprehensive Plan:

 

  • Modifies the planning horizon from 2025 to 2040.

  • Updates Goals, Objectives, and Policies to be consistent with changes in state law.

  • Removes citations to obsolete Florida Statutes and Florida Administrative Code sections. 

  • The proposed amendment modifies the organization of the Comprehensive Plan to improve usability. 

 

Specifically, the attached ordinance proposes to amend each element of the Comprehensive Plan as follows:

 

  1. Resilient Land Use and Development Element (RLU):

    • Renames the Future Land Use Element to the Resilient Land Use and Development Element.

    • Adds sound planning criteria for consideration when making recommendations on future land use map (FLUM) and comprehensive plan amendments.

    • Removes the Parking (P) future land use category and designates those parcels as Public Facility: Governmental Uses (PF) to provide for greater flexibility.

    • Incorporates descriptions for RM-PS-1 and RM-PRD-2 future land use categories that were on the FLUM but not described in the element.

    • Improves internal consistency and clarity.

       

  2. Climate Resiliency and Sustainability Element (RSE):

    • The proposal merges policies from the Conservation/Coastal Zone Management into a new Climate Resiliency and Sustainability Element.

    • Incorporates guiding principles of the ULI Miami Beach Study.

    • Incorporates the Resilient 305 Strategy and the Miami Beach Strategic Plan (Commission adopted in 2019) to the list of referenced documents.

    • Updates Adaptation Action Area (AAA) strategies to utilize more relevant language.

    • Incorporates strategies to promote placemaking as a way to complement sea level rise mitigation strategies.

    • Incorporates policies to incentivize and support private property adaptation.

    • Incorporates policies to support the City maintaining or improving its FEMA community rating system score.

    • Provides policies to that ongoing environmental issues are addressed through proactive planning approaches.

    • Incorporates policies to provide for the protection of cultural and historic resources.

    • Provides that the City will consider ecologies when making decisions on future projects.

    • Updates references to other environmental documents.

    • Establishes policies to promote energy efficiency.

    • Provides policies to improve the resiliency of the City’s operations.

    • Updates citations and improves internal consistency of previously existing policies.

       

  3. Transportation Element (TE):

    • Reinforces policies regarding the adopted Transportation Master Plan and pedestrian-first mode hierarchy. 

    • Incorporates polices to establish a transportation concurrency exception area and a mobility fee program and removes references to transportation concurrency management areas and levels of service to be consistent with the proposed mobility fee ordinances.

    • Provides policies authorizing the City to create pedestrian priority zones. 

    • Incorporates additional policies to support the use of alternative modes of transportation.

    • Incorporates policies to support the City’s circulator trolleys.

    • Provides policies to support the City’s initiatives to improve bicycle infrastructure.

    • Provides guidance and standards for the preparation of transportation analyses and mitigation plans. 

    • Provides policies to encourage the City to study freight loading patterns and mitigate the impacts of freight loading on the transportation network.

    • Provides policies to encourage parking garages to be designed to be convertible to other uses.

    • Provides polices to encourage resiliency through transportation infrastructure, such as pervious pavements, blue and green infrastructure, and reduction in the urban heat island effect.

    • Updates references and departmental citations.

       

  4. Housing Element  (HE):

    • Incorporates policies to provide guidance on the location of affordable and workforce housing.

    • Provides policies to provide for more energy-efficient housing within the City.

       

  5. Historic Preservation Element (HP):

    • Directs the City to establish resiliency guidelines for the preservation of historic buildings.

    • Authorizes the City to establish neighborhood conservation districts and resiliency districts that incorporate the preservation of essential characteristics and adaptation to sea-level rise. The concept of resilience districts have been successful in other cities with important history.  For example, the Gentilly Resilience District in New Orleans is a combination of efforts across Gentilly to reduce flood risk, slow land subsidence, improve energy reliability, and encourage neighborhood revitalization. The city’s first Resilience District uses various approaches to water and land management that have been successfully piloted throughout New Orleans and, when implemented together, are intended to create even greater neighborhood benefits—such as improved health, economic opportunity, environmental education, and recreation.

       

  6. Recreation and Open Space Element (ROS):

    • Incorporates policies to enhance the development of linear parks.

    • Provides clarifications to policies regarding access to the waterfront and shoreline.

    • References the Capital Improvements Element for parks and recreation levels of service.

    • Encourages the incorporation of co-benefits, such as stormwater management and living with water concepts, into parks facilities.

       

  7. Infrastructure Element (INF):

    • Provides policies that direct infrastructure to be provided that furthers the goals of the Climate Resiliency and Sustainability Element.

    • Encourages the incorporation of co-benefits, such as stormwater management and living with water concepts, into infrastructure projects.

    • Updates requirements for infrastructure to incorporate the City of Miami Beach Freeboard.

       

  8. Intergovernmental Coordination Element (ICE):

    • Updates department and document citations.

       

  9. Public School Facilities Element (PSF):

    • Renumbers policies for internal consistency.

       

  10. Capital Improvements Element (CIE):

    • Updates polices regarding the City’s capital facilities planning and procedures.

    • Revises Recreation and Open Space Levels of Service to be consistent with improved parks facilities.

    • Authorizes the City to explore replacing Recreation and Open Space Levels of Service with a Parks Impact fee to provide for additional flexibility.

       

  11. Comprehensive Plan Map Series

    • Updates Future Land Use Map consistent with the revised Resilient Land Use and Development Element.

    • Updates the Coastal High Hazard Area map consistent with statutory requirements.

    • Updates transportation facility maps consistent with changes since the last update.

 

UPDATE

In addition to the policies transmitted by the Planning Board, the administration recommends the inclusion of the following Goals, Objectives, and Policies into the proposed amendments to the Comprehensive Plan, which are incorporated into the attached ordinance (double underlined):

 

  1. Clarify in Policy RLU 2.4.4 that the Strategic Plan shall be the guiding document that provides structure and focus to policies and initiatives in order to successfully enhance community sustainability.

     

  2. Establish Policy RSE 5.1.4 to encourage composting of organic waste in order to reduce the production of greenhouse gases generated from waste.

     

  3. Establish Policy HE 2.3.8 to provide that through the land development regulations, the City shall incorporate regulations to reduce the heat island effect from new residential buildings.

     

  4. Clarify in Objective HP 3.2 to prioritize improvements to historic structures and districts with respect to sea level rise and climate change. 

     

  5. Establish Policy ROS 1.1.7 to encourage the development of living and hybrid shorelines that provide public access to the waterfront and  educational opportunities on the natural environment for users.

     

  6. Establish Policy ICE 1.1.13 to state that The City will continue to coordinate with Miami-Dade County and the City of Miami to implement the Resilient 305 Strategy.

     

  7. Establish Policy ICE 1.1.14 to state that the City will continue to coordinate with the South Florida Climate Change Compact partners for climate change adaptation and mitigation planning. 

     

  8. Clarify the intent of the Infrastructure Element to mention that the standards will be based on the best available climate science and engineering. 

 

PLANNING BOARD REVIEW

On July 23, 2019, the Planning Board, in its capacity as the Local Planning Agency per section 163.3174 FS, held a public hearing and transmitted the Comprehensive Plan amendments to the City Commission with a favorable recommendation by a vote of 5-0.

CONCLUSION

The Administration recommends that the City Commission approve the attached amendments to the Comprehensive Plan at first reading and authorize transmittal of the amendments to state review agencies; and set a second reading public hearing for October 16, 2019.

Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
EAR Amendments - Form Approved ORDINANCE
EAR Amendments - Exhibit A - Elements
EAR Amendments - 2019 Data and Analysis