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HomeMy WebLinkAboutOrdinance 2019-549 ORDINANCE NO. 2019- 5-4q AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING THE CITY OF SUNNY ISLES BEACH COMPREHENSIVE PLAN TEXT-BASED AMENDMENTS RELATED TO THE TOWN CENTER DISTRICT; CREATING A TOWN CENTER SOUTH DISTRICT AND A TOWN CENTER NORTH DISTRICT; PROVIDING FOR DENSITY AND INTENSITY IN THE TOWN CENTER SOUTH; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEALER; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF ECONOMIC OPPORTUNITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2000, the City adopted its Comprehensive Plan in accordance with the provisions of the State of Florida Growth Policy Act as they existed at that time; and WHEREAS, included in the original Comprehensive Plan, was the Town Center as a land use overlay category, and in 2004, the City created the Town Center zoning district, which was intended to establish a true community center to focus the shared social and economic life of the City; and WHEREAS, under the Comprehensive Plan, the Town Center's purpose is to combine a mix of uses, both business and retail services, with office employment space and housing, in a vertically integrated mix; and WHEREAS, on September 18, 2019, the City adopted Ordinance 2019-541, adopting a temporary moratorium on any application for zoning or rezoning within the Town Center in order to allow time for the City to research, analyze, and consider the adoption of potential amendments to the City's Comprehensive Plan and/or Land Development Regulations to address issues relating to future development within the Town Center to analyze, review, consider, modify, process for adoption, and implement potential changes to its Comprehensive Plan and/or its Land Development Regulations pertaining to the densities and intensities in the Town Center and their impact on, among other things, infrastructure, emergency and public service vehicular traffic, public safety, aesthetics, public welfare and public facilities; and WHEREAS, the City's consultant, Calvin Giordano & Associates, has prepared a Memorandum to address the creation of the proposed Town Center South District and the Town Center North District and to provide for density and intensity in the Town Center South District only; and WHEREAS, the City desires to amend its comprehensive plan to comply with the requirements of Section 163.3177 and 163.3184, Florida Statutes, to create a Town Center North District and a Town Center South District, and to provide for density and intensity within the Town Center South District; and WHEREAS, the City intends to continue to analyze, review, and consider potential changes to its Comprehensive Plan and/or Land Development Regulations pertaining to the densities and intensities in the Town Center North and their impact on, among other things, infrastructure, emergency and public service vehicular traffic, public safety, aesthetics, public Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading. 1 welfare and public facilities prior to proposing density and intensity within the Town Center North planned development district; and WHEREAS, the City's Local Planning Agency has recommended adoption of the text- based amendments as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing facts and recitations contained in the preamble to this Ordinance are hereby adopted and incorporated by referenced as if fully set forth herein. Section 2. Text-based Amendments to the Comprehensive Plan. The following policy is hereby amended as follows: Future Land Use Element Objective 14 Policy 14B Town Center - The Town Center designation is a planned development district, also known as an overlay land uses that encompasses both underlying commercial and residential land use categories in the Future Land Use Map. This designation indicates that it is the policy of the City and governmental agencies to encourage and support Town Center development in the designed area in accordance with the following interpretative text. The Town Center is encouraged to become the hub for future urban development intensification around which a more compact and efficient urban structure will evolve. The Town Center is intended to be a moderate to high intensity design-unified area which will contain a concentration of different urban functions integrated both horizontally and vertically. The center will be characterized by physical cohesiveness, direct accessibility by mass transit services and high-quality urban design. The Town Center is located to have direct connections to the 167" Street Causeway and Collins Avenue to ensure a high level of accessibility to the northeast Miami-Dade/bi-county area. It is a primary objective of the Town Center to foster a regionally competitive business and activity center for cultural activities and entertainment, visitor services, dining, financial services, specialty goods and services, professional office and niche businesses serving the North Dade and Broward County Areas. Incorporation of residential uses is encouraged. The Town Center location, and the configuration of land uses within them is designed to encourage convenient alternatives to travel by automobile, to provide more efficient land use than recent suburban development forms and the prevalent strip commercial projects, and to create an identifiable social and economic core for the diverse neighborhoods of Sunny Isles Beach and adjacent areas. Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading. 2 The Town Center should contain businesses, employment, civic, public and private education facilities and/or high or moderate density residential uses with a variety of housing types and within walking distance of the Town Center core. A balanced mix of primary uses including retail, office and residential should be provided within developments greater than 3 acres in size by committing not more than 70% of a project gross floor area ratio (FAR) to any one of the three uses. Both large and small businesses are encouraged in these centers, but primarily moderate sized businesses which serve, and draw from, the nearby community and the visitor population along the beaches. Transit and pedestrian mobility will be increased and area-wide traffic will be reduced in several ways: proximity of housing and retail uses will allow residents to walk or bike for some daily trips; provision of both jobs, personal services and retailing within walking distance of transit will encourage transit use for commuting; and conveniently located retail facilities will accommodate necessary shopping during the daily commuting periods or the lunch hour. The Town Center is divided into two overlay development districts, the Town Center North and Town Center South Overlays, as depicted on the Future Land Use Map. In the Town Center South Overlay, a base density of 75 dwelling units per acre and a base Floor Area Ratio (FAR) intensity of 3.5 shall be allowed. Additional density and FAR intensity may be permitted in the Town Center South Overlay for developments that comply with the Transfer of Development Rights according to Policy 14 C of this element. Additional FAR intensity may be permitted in the Town Center South Overlay for developments that comply with the bonus programs and requirements according to the City's Land Development Regulations. In no event shall the Floor Area Ratio (FAR) intensity in the Town Center South Overlay exceed 5.20. Section 3. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 4. Repeal of Conflicting Provisions. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 5. Transmittal. The City Manager or designee is hereby directed to transmit the City of Sunny Isles Beach Adopted Text-Based Amendments to the State Department of Economic Opportunity, pursuant to Chapter 163, Florida Statutes. Section 6. Effective Date. This Ordinance including the comprehensive plan amendment shall become effective ten (10) days after adoption on second reading. shall become effective, if the amendment is not timely challenged, thirty-one (31) days after the state land planning agency notifies the local government that the plan amendment package is complete. If the amendment is timely challenged, this amendment shall become effective on the date the state land planning agency or the Administration Commission enters a final order determining this adopted amendment to be in compliance. Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading. 3 ,74.41 PASSED on First Reading the I ' day of October 2019. PASSED and ADOPTED on Second Reading this friday ► december 2019. \ 0George H. S• oll, Mayor 6 ATTE', ji IVl'auri,9i1Btao'c r, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY i://414446LM- Edward A. Dion, City Attorney First Reading Second Reading Motion: VI M O; ��� � Motion: `I1Ct 616Q SVA 1V41 Second: COMMtc41oP VI4 U4 4 Second: C43IVO CrvtONO- VIL14100( Vote on First Reading: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin V (Yes) (No) Commissioner Goldman (Yes) (No) Commissioner Lama I (Yes) (No) Commissioner Viscarra ✓ (Yes) (No) Vote on Second Reading: Mayor Scholl ✓ (Yes) (No) Vice Mayor Svechin V (Yes) (No) Commissioner Goldman (Yes) ✓ (No) Commissioner Lama ✓ (Yes) _ (No) Commissioner Viscarra ./ (Yes) (No) Underline denotes revisions during first reading—Bold Underline denotes revisions during second reading. 4