BACKGROUND
On June 8, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance amendments to the Land Use and Development Committee (Item C4N).
On June 15, 2016 the Land Use and Development Committee recommend that the City Commission refer the proposed ordinance amendments to the Planning Board. Additionally, the Land Use Committee recommended that an option for main use Transportation Intermodal Facilities be incorporated.
On July 13, 2016, the City Commission referred the proposed ordinance amendments (Item R9I) to the Planning Board for review and recommendation.
ANALYSIS
The Miami Beach Transportation Master Plan (TMP) was adopted by the Mayor and City Commission in April 13, 2016, the first comprehensive mobility plan in the City since 1999. A key component of the plan is the modal hierarchy adopted by City Commission at the July 8, 2015 meeting, as part of the plan development process. The adopted modal hierarchy consists of the following prioritization order:
· Pedestrians
· Transit, Bicycle, Freight (depending on the corridor)
· Private Vehicles
The adopted modal hierarchy increases person through-put along City corridors, while at the same time addressing safety and mobility needs for bicyclists and pedestrians. Based on the projects recommended in the TMP consistent with this mode hierarchy, projects that could be implemented in the next 5 years, depending on funding availability, could increase corridor capacity in some corridors by as much as 50% person trips. Increases in bicycle and pedestrian trips also increase the health of the City and further reduce traffic inducing vehicles.
The TMP identified priority transit and bicycle/pedestrian corridors throughout the City and identified the potential areas for future transit facilities throughout the City (Attachment 1). Further, the TMP identified transfers as an essential part of an effective transit system because they maximize the coverage area and diversity of active transportation services. Hence, in order to obtain a successful transit environment, it is of critical importance to provide efficient and attractive transfer stops/centers to improve the quality of transit services as well as support the surrounding community. Transfer stops, transfer center/stations, and park-and-rides (intercept garages) are all defined in the TMP as different types of transit infrastructure.
The TMP defines Transfer Centers/Stations as “a more elaborate transfer facility that may accommodate more than two articulated buses and may include amenities such as retail, restrooms and lounge”. The locations for the desired transit infrastructure improvement from the TMP are summarized in the attached map.
Further, the City Commission has discussed the need for parking facilities at intercept locations throughout the City. Intercept garages have been identified as part of the City’s mobility plans for over 15 years. It is recommended that these be incorporated as part of transit intermodal facilities. During discussions with Miami-Dade Transit for a potential Mid Beach transit intermodal facility as recently as last year, it was recommended that the minimum parking space requirement was 75 parking spaces.
The City is in the process of conducting a parallel environmental review and procurement for a Light Rail/Modern Streetcar project in the South Beach area. The Light Rail/Modern Streetcar includes two corridors with tracks in dedicated right-of-way: Phase 1in the vicinity of 5th Street to Washington Avenue north to Dade Boulevard and Phase 2 in the vicinity of 17th Street to Alton Road south to 5th Street or South Point Drive. The vicinity of Alton and 5th Street has been identified with a need for a transit intermodal facility. Longer term plans, already in the Metropolitan Planning Organizations Long Range Transportation Plan for Miami-Dade County, include extensions from this alignment north on Collins Avenue to the City limits which will similarly require intermodal facilities in the longer term. In addition, the need for a transit intermodal facility in the vicinity of 41st Street and the Julia Tuttle Interchange (I-195) has been endorsed by the Mayor and Commission as recently as March 2016.
The City’s consultant for the environmental review for the Miami Beach Light Rail/Modern Streetcar project provided the following general input regarding transit intermodal facilities (major intermodal facilities):
Major intermodal facilities may include multilevel parking garages, and in conjunction with ancillary joint development activities such as the Denver Union Station and ARTIC in Los Angeles. Analogously transit hubs do not need to be large to be effective, especially if they are sited well so that they use the surrounding street system effectively. Transit hubs as small as one-half (0.5) acre in size are operating in the United States. They can serve well as modestly sized transit hubs providing convenient connections between streetcars, BRT, busways and bus lines, while offering some pedestrian amenities and services.
Accordingly, staff is recommending that Transit Intermodal Facilities be defined as “a transfer facility that provides convenient connections between streetcars, bus rapid transit (BRT), busways and bus lines, while offering some pedestrian and bicycle amenities and services; accommodates more than two (2) articulated buses; provides accessory parking spaces at intercept locations, generally between 75 and 500 spaces; and may include amenities such as retail, restrooms and lounge areas.”
The proposed ordinance amendments would address changes to the City code to define Transit Intermodal Facilities, provide for transit intermodal facilities to be allowed as a permitted use in certain land use categories of the comprehensive plan, allow residential use as part of a transit intermodal facility, provide for additional height and accessory uses within a transit intermodal facility sufficient to offset the height needed for the intermodal facility within the development.
Comprehensive Plan Amendment
Various amendments are being proposed to the City’s 2025 Comprehensive Plan in order to allow for the implementation of a Light Rail/Modern Streetcar and ensure consistency with the adopted Transportation Master Plan and Bicycle Master Plan in order to encourage the development of Transit Intermodal Facilities.
The amendment generally proposes the following modifications to the Future Land Use Element:
Allow “Transit Intermodal Facilities” as a permitted use with in the following future land use categories (See the map at the end of this report):
· General Mixed Use Commercial “Performance Standard” Category (CPS-2)
· Public Facility Hospital - PF (PF- HD)
· Public Facility: Governmental Uses (PF)
· Parking (P)
· Commercial High Intensity (CD-3)
· Commercial, Medium Intensity (CD-2)
· Commercial, Low Intensity (CD-1)
· North Beach Town Center Core (TC-1)
· North Beach Town Center Mixed Use (TC-2)
Allow uses which are permitted in surrounding land use categories, including, but not limited to, residential and commercial uses, when associated with a transit intermodal facility or parking facility within the “Parking” (P) Future Land Use category.
Amending the Future Land Use Map to modify the designation of properties along the Julia Tuttle Causeway from “Recreation Open Space” (ROS) to “Public Facility” (PF) to allow for the possibility of a Transit Intermodal Facility, since a park is not practical within the Julia Tuttle Causeway/Alton Road interchange.
The amendment generally proposes the following modifications to the Transportation Element:
· Allow for the City Commission to exempt public-owned facilities and Transit Intermodal Facilities from concurrency requirements through the Land Development Regulations
· Encourage the development of Transportation Intermodal Facilities
· Ensure consistency with the Transportation Master Plan
· Ensure consistency with the 2015 Bicycle and Pedestrian Master Plan
· Reflect the City’s Adopted Mode of Transportation Hierarchy
· Encourage mass transit options
· Clarify strategies to implement multi-modal transportation options
· Encourage smart parking systems
· Define “Transit Intermodal Facility”
Additionally, the Intergovernmental Coordination Element is proposed to be modified to ensure that the City coordinates the planning and development of Intermodal Transit Facilities with Miami-Dade County, the Miami-Dade Metropolitan Planning Organization (MPO), and surrounding municipalities, as applicable.
Land Development Regulations Amendment
Amendments are proposed to the Land Development Regulations which would allow for the development of Transit Intermodal Facilities. The proposed amendment provides two options for their development. The first is as an accessory use to a Main Use Parking Garage. The second is as a main use Transit Intermodal Facilities; a vehicle parking requirement is also included as part of this option. Under both alternatives, an additional five (5) stories beyond what the underlying zoning allows would be permitted in order to be able to accommodate future transit facilities City wide. Additionally short-term and long-term bicycle parking requirements are also established for such facilities.
The amendment would allow Transit Intermodal Facilities within the CD-1, CD-2, CD-3, HD, C-PS2, TC-1, TC-2 and GU districts, provided the underlying Future Land Use designation in the Comprehensive Plan authorizes the use. However, before a Land Use can consider a Transit Intermodal Facility, the City Commission would be required to authorize the use at a particular site, pursuant to the following criteria:
Whether the Transportation Department has certified if there is a need for an Intermodal Transit Facility at the proposed site;
Whether there is a contract or interlocal agreement for public transit operations at the proposed site with the City of Miami Beach, Florida Department of Transportation (FDOT), Miami-Dade County, or other entity authorized to operate public transit services within the City of Miami Beach; and
Whether the proximity of the proposed transit intermodal facility to other transit intermodal facilities creates adverse impacts and how such impacts are mitigated.
Additionally, the amendment provides the City Commission the ability to waive Land Development Regulations requirements, with the exception of Historic Preservation and Design Review processes, by a five-sevenths vote. This is proposed in case there are unforeseen limitations within the Land Development Regulations that impact the ability to accommodate a Transit Intermodal Facility in an area where it is needed.
Comprehensive Planning Process
This application includes a text amendment to the Future Land Use and Transportation elements 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.
Final site plan approval of any future development would be 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
On August 23, 2016, the Planning Board transmitted the proposed Comprehensive Plan Amendment to the City Commission, with a favorable recommendation. The Planning Board recommended the following modifications, which have been incorporated into the attached draft Ordinance:
1. A modified title with minor clarifications.
2. The removal of private vehicle targets, and setting targets for the alternative modes of transportation as minimum targets for the City’s 2035 vision in Transportation Policy 6.5.
Additionally, on August 23, 2016, the Planning Board transmitted the proposed amendment to the Land Development Regulations to the City Commission with a favorable recommendation. The Planning Board recommended the following modifications to the draft LDR Ordinance; these proposed modifications have not been incorporated into the attached draft Ordinance:
1. Modify section 130-32 to provide an alternative measure for parking requirements, subject to available use projections for specific transit intermodal facilities.
2. Removal of the City Commission Waiver provisions from section 130-68 (10)(e) and section 142-1301 (d).
SUMMARY/UPDATE
As indicated previously, the Administration has no objections to the recommendations of the Planning Board. In particular, the proposed modification to section 130-32 to provide an alternative measure for parking requirements, subject to available use projections for specific transit intermodal facilities, would be very useful. In furtherance of this, the administration also recommended that a fixed minimum parking space requirement be made to this revision for clarity purposes.
Regarding the recommendation to remove the ability of the City Commission to grant development regulation waivers in sections 130-68 (10)(e) and 142-1301 (d), the Administration recommended that the City Commission still have the ability to grant waivers pertaining to parking requirements in Chapter 130 of the Land Development Regulations. The Administration has no objection to the removal of City Commission development regulation waivers for all other provisions related to Transit Intermodal Facilities.
Additionally, upon further review, the Administration recommended that Section 142-1302 be modified to better quantify the areas of a building that will be considered as part of the main use intermodal transit facility. This will ensure that the applicable regulations apply to ‘main use’ transit intermodal facilities. Specifically, the following additional language, in bold double underscore, was recommended and approved at First Reading:
Sec. 142-1302. – Additional Regulations.
For purposes of this subsection, at least 51% of the gross floor area of a main use transit intermodal facility shall meet the definition of a “transit intermodal facility” in section 114-1. In addition to the regulations of the underlying zoning district and any overlay district, the following regulations shall apply to all main use transit intermodal facilities.
On September 14, 2016, the City Commission discussed the proposed LDR and Comprehensive Plan Amendments and continued both items to a date certain of October 19, 2016. As part of the discussion, the Commission also requested that a definition for ‘streetcar’ and ‘bus rapid transit’ be created, which would meet the Federal Department of Transportation criteria for funding eligibility.
On October 19, 2016, the City Commission approved the subject Ordinance amendments at First Reading, with all of the aforementioned modifications; these revisions have been included in the revised ordinance draft for Second Reading. Additionally, as part of the discussion of the item at First Reading on October 19, 2016, there were some comments made regarding Sec 142-1302(c) of the proposed Transit Hub Ordinance, which states the following:
An additional 50 feet/five (5) stories shall be permitted beyond what would be otherwise permitted in the underlying zoning district or overlay district, as applicable.
Under the above wording of the ordinance, which was approved at First Reading, the additional 5 stories / 50 feet in height allowed under Sec 142-1302(c) of the proposed Transit Hub Ordinance (if approved by the City Commission as part of a Transit Hub development) would be above and beyond the specified heights of the underlying zoning district. This would be the case even if the maximum heights in the underlying zoning districts exceed 5 stories / 50’. In reviewing the possible locations for future Transit Intermodal Facilities, Planning and Transportation staff did not identify any sites within local historic districts that would need more than 10 stories / 100 feet in total. As such, the administration believes that the wording of Sec 142-1302(c) could be fine-tuned as follows:
An additional 50 feet/five (5) stories shall be permitted beyond what would be otherwise permitted in the underlying zoning district or overlay district, as applicable. Notwithstanding the foregoing, in the event that the property is located within a locally designated historic district, the maximum height shall not exceed 100 feet / 10 stories, regardless of the height limit of the underlying zoning district.
On December 14, 2016, the proposed Comprehensive Plan Amendment was still under review by the State Land Planning Agency and other review agencies. As such, in order to allow the state agencies sufficient time to review and comment, both the items were continued to the January 11, 2017 City Commission meeting.
As of the writing of this memorandum, the State Department of Economic Opportunity has indicated that their are no objections to the proposed comprehensive plan amendment. Additionally, the staff of the South Florida Regional Planning Council (RPC) has provided verbal support for the proposed comp plan amendment. However, before the RPC recommendation can be formally transmitted, the full RPC Board must vote on the item. The RPC is scheduled to vote on the transmittal on January 9, 2017.