Ordinances - R5 A
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||September 12, 2018|
10:00 a.m. First Reading Public Hearing
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.
|The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for November 14, 2018. |
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 10, 2018. The Administration will update the City Commission with the recommendation of the Land Use Committee on the floor of the September 12, 2018 City Commission.
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,
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 intergovernmental 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.
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).
|The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for November 14, 2018.|
Commissioners John Elizabeth Aleman and Ricky Arriola