2010-3702 Ordinance ORDINANCE NO. 2010 -3702
AN ORDINANCE OF THE 'MAYOR'AND'CITY COMMISSION OF THE LL
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE
FUTURE LAND USE CATEGORY FOR THE PARCEL KNOWN. AS
"1600 LENOX AVENUE," MORE PARTICULARLY DESCRIBED IN THE
LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A" HERETO, FROM
`THE CURRENT RM -1, "MULTI- FAMILY, LOW INTENSITY," TO THE
FUTURE LAND USE CATEGORY OF CD -1, "COMMERCIAL, LOW
INTENSITY;" PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE:
, WHEREAS, the City of Miami Beach has made an application to change the
Future Land Use Map category for the parcel referred to herein as "1600 Lenox
Avenue," located at 1600. Lenox Avenue, from the current RM -1, Multi - Family, Low
Intensity -to the Future Land Use category CD -1, Commercial, Low Intensity; and
WHEREAS, the property, owner, 1600. Lenox Investors, LLC, intends to continue
use of the property for commercial uses in accordance with the existing regulations in
the Land Development Regulations of the City Code; and -
WHEREAS, amending the Future Land 'Use category of the subject 1600 Lenox
Avenue parcel as . provided herein is necessary to ensure the development of that
property will be compatible 'with development in adjacent and surrounding areas, and will
contribute to the general health and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the Future
Land Use category of the subject 1600 Lenox Avenue parcel as provided herein will
ensure that new development is compatible and in scale with the built environment, and
is in the best interest of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the City's Future Land Use Map designations
for the property described herein is hereby approved and adopted and the staff is hereby
directed to make the appropriate changes to the Future Land Use Map of the City:
A parcel of land commonly known as the "1600 Lenox Avenue," approximately
7,457 square feet (0.171 acres), deemed to be a small -scale amendment, ! from the
current RM -1, "Multi- Family Residential Low Intensity," to the Future Land Use category
of CD -1, "Commercial, Low Intensity."
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Amending The
Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For The
Parcel Known As "1600 Lenox Avenue," From RM -1, "Multi - Family, Low Intensity," To CD -1, "Commercial,
Low Intensity;"
Key Intended Outcome Supported:
Regulatory and Neighborhood satisfaction
Supporting Data (Surveys, Environmental Scan, etc Regulatory — required by Florida Statutes
Issue:
Should the City Commission amend the Future Land Use Map for 1600 Lenox Avenue from RM - 1 to CD - 1. I
Item Summary /Recommendation:
FIRST AND ONLY READING PUBLIC HEARING
The City, at the request of the property owner, is proposing to change the land use category on the Future
Land Use Map of this purposely built commercial property in order to continue using the site for
commercial, retail, office.
The change of land use designation does not increase the floor area ratio of the subject site. The current
land use designation is RM -1 Multi Family Residential Low Intensity Category which has a maximum floor
area ratio (FAR) of 1.25 and a maximum density of 60 units per acre. Similarly, the proposed land use
designation of CD -1 Commercial Low Intensity category has a maximum FAR of 1.0 and 1.25 when more
than 25 percent of the total area of a building is used for residential or hotel units. Therefore, the request is
consistent with the City Charter provisions of Section 1.03 (c) and the provisions of Section 163 -3187 F.S.
for "small scale" amendments.
The purpose of the RM -1 land use category is described in the Comprehensive Plan as to "provide
development opportunities for and to enhance the desirability and quality of existing and /or new low density
multi family residential areas." and only permits residential uses. As well, the zoning district regulations do
not permit commercial uses. The existing commercial uses are functioning as legal, non - conforming;
however, a nonconforming use of a building cannot be permitted to extend throughout other parts of that
building.
The Administration recommends that the City Commission adopt the ordinance
Advisory Board Recommendation:
At the July 27, 2010 meeting, the Planning Board recommended that the approval both proposed
changes to the Future Land Use and the Zoning Maps by a vote of 4 -0 (three members absent).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time. When the site is redeveloped, revenues to the City may increase.
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
Si t n - Offs:
Department Director A - istant Ci ' anager City Manager
T: AG NDA 010\September 15 \Consent \1969 0 L j •x s- ing public h j g sum.doc
OOP
AGENDA ITEM Rs D
mow M IAMIBEACH DATE 10 10
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 27, 2010
SUBJECT: 1600 Lenox Avenue — change of t - uture Land Use Map - First and only
Reading Public Hearing.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE 'LAND USE
CATEGORY FOR THE PARCEL KNOWN AS "1600 LENOX AVENUE,"
MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTION
ATTACHED AS EXHIBIT "A" HERETO, FROM THE CURRENT RM -1,
"MULTI- FAMILY, LOW INTENSITY," TO THE FUTURE LAND USE
CATEGORY OF CD -1, "COMMERCIAL, LOW INTENSITY;" PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance for this proposed "small scale amendment" on first and only reading public
hearing and direct the Administration to transmit all applicable documents to the
Department of Community Affairs (DCA) and other required reviewing agencies.
BACKGROUND
At its May 27, 2010 meeting the Land Use and Development Committee (LUDC)
referred the FLUM change and rezoning of the subject commercial property to the
Planning Board.
ZONING / SITE DATA
Legal Description: Lot 1, Block 46 of COMMERCIAL SUBDIVISION
according to the Plat thereof, as recorded in Plat
Book 6, at Page 5 of the Public Records ;of Miami-
Dade County, Florida
City Commission Memorandum
File 1969 - FLUM change for 1600 Lenox Avenue
October 27, 2010 Page 2
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Site Area: Size: 50 X 150 feet (approximately 7,500 sq. ft. (or
+/- 0.172 acre)
Existing FLUM Category: RM -1 Residential Multifamily Low Intensity
Proposed FLUM Category: CD -1 Commercial, Low Intensity
Existing Density Limits: RM -1 - 60 dwellings units per acre
Proposed Density Limits: CD -1 - 60 dwelling units per acre
Existing Intensity Limits: RM -1 - shall not exceed 1.25 FAR
Proposed Intensity Limits: CD -1 - shall not exceed 1.0 FAR for commercial;
exception: when more than 25 percent of the total
area of a building is used for residential units, the
maximum FAR shall be as set forth in the RM -1
district -1.25 FAR for residential or mixed use
Existing Land Uses: There is a 69 -unit condominium building directly
adjacent to the north (1610 Lenox Avenue) of the
subject property; there is a 20 -unit condominium
building directly across to the east (1601 Lenox
Avenue); there is a 30 -unit residential building
diagonally across (1038 16 Street); and a 18 -unit
condominium building across the street to the south
with commercial space on the ground floor (1560
Lenox Avenue), which is located in a CD -1,
commercial low intensity zoning district.
City Commission Memorandum
File 1969 - FLUM change for 1600 Lenox Avenue
October 27, 2010 Page 3
ANALYSIS
History of the Site
The Property is located in the first commercial subdivision created by Carl Fisher in
Miami Beach in February 1920. The creation of this commercial subdivision has had a
major impact in the development of the City as reflected along Alton Road, which
remains one of Miami Beach's major commercial corridors today. The subject site
remained vacant until the existing building was constructed in 1937. It was built as a
single -story commercial building with nine store spaces. Among other tenants, the
building housed a Food Market for over 50 years and a bar that began in 1941 as the
Knotty Pine Bar and is today known as the Abbey Brewing Company. These and other
unique commercial uses have provided an invaluable service to the local residents for
over 70 years.
Planning and Zoning Issues
The land use category the subject site the Future Land use Map is RM -1
Residential Multifamily Low Intensity. This category is 'described in the City's
Comprehensive Plan as follows:
Low Density Multi Family Residential Category (RM -1)
Purpose: To provide development opportunities for and to enhance the
desirability and quality of existing and /or new low density multi family
residential areas.
Uses which may be permitted: Single family detached dwellings; single
family attached dwellings, townhouse dwellings and multiple family
dwellings, and hotels for properties fronting Harding Avenue or Collins
Avenue from the City Line on the north t' 73` Street on the south.
Bed and breakfast inns are permitted in RM -1 only in the Flamingo Park
Historic District and the West Avenue Bay Front Overlay District, both of
which are described in the Land Development Regulations. Residential
office and suite hotel uses are permitted in the West Avenue Bay Front
Overlay District only.
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.
The property contains a one -story commercial structure that covers the entire lot. For
years the building had been neglected, but the rcurrent owner decided to preserve and
renovate the building rather than demolish and build new. Because of its commercial
nature and use, it is now deemed a legal, non - conforming use in a residential district.
The current zoning designation for the subject site allows only residential use as a main
permitted use, and accessory uses specifically authorized in the land use category as
subordinate uses such as a laundry room for the use of tenants or a management office.
This land use category and't, zoning district regulations do not permit commercial uses.
City Commission Memorandum
File 1969 - FLUM change for 1600 Lenox Avenue
October 27, 2010 Page 4
1
The City Commission designated the existing building a historic site on October 14,
2009.
City Charter Issues
The request for changing the Future Land Use Map of the City's Comprehensive Plan as
well as the Zoning Map of the City, is affected by the City Charter provisions of Section
1.03 (c), which partially states: The floor area ratio of any property or street end within
the City of Miami Beach shall not be increased by zoning, transfer, or any other means
from its current zoned floor area ratio as it exists on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements,
unless such increase in zoned floor area ratio for any such property shall first be
approved by a vote of the electors of the City ; f Miami Beach.
The change of land use designation and zoning district does not increase the floor area
ratio of the subject site. The current land luse designation as RM -1 Multi Family
Residential Low Density! Category has a maximum floor area ratio (FAR) of 1.25 and a
maximum density of 60 units per acre. Similarly, the proposed land use designation of
CD -1 Commercial Low Intensity category has a maximum FAR of 1.0 and 1.25 when
more than 25 percent of the total area of a building is used for residential units.
Therefore, the request is consistent with the City Charter provisions of Section 1.03 (c).
Comprehensive Plan Issues
Prior to 1989, the area north of 16 Street had, zoning classification of C -2, which was
a commercial classification; attached is a partial copy of a zoning map dating back to
September 1, 1983. The change of land use and zoning took effect in 1989, when the
Zoning Ordinance of the City was extensively amended to carry out the 1989
Comprehensive Plan resulting in a new set of land development regulations (LDR).
However, it should be noted that the block to the south (Block 65) is currently designated
CD -1 in the Future Land Use Map, and zoned the same, therefore compatibility exists.
The total land area involved in this application is 0.17 acres. Under Section 163.3187
(1) (c) f. of the Florida Statutes, f., "if the proposed amendment involves a residential
land use, the residential land use has a density of 10 units or less per acre or the
proposed future land use 'category allows a maximum residential density of the same or
Tess than the maximum residential density allowable under the existing future land use
category," land use map amendments may be considered "small- scale" amendments.
Small scale development amendments adopted pursuant to this Section require only one
public hearing before the governing board (City Commission), which shall be an
adoption hearing
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 1 comprehensive plan, as well as a statutory mandate to
implement public school iconcurrency. In compliance with this requirement, the
application by the City was submitted to the Miami -Dade County Public Schools for its
review and concurrency determination. The Preliminary Concurrency Analysis would
yield a maximum residential density of 2 multifamily dwelling units, which generates Tess
than one student in any level or type of school, therefore it is exempt from the
City Commission Memorandum
File 1969 - FLUM change 'for 1600 Lenox Avenue
October 27, 2010 Page 5
requirements of public school concurrency and no further action is required at this time.
However, a final determination of Public School Concurrency and capacity reservation
will only be made at the time of approval of final plat, site plan or functional equivalent.
As such, this analysis does not constitute a Public School Concurrency approval.
However, any final determination of Public School Concurrency and capacity reservation
will only be made at the time of approval of a final project should residential uses be
desired.
Summary
The City is proposing to change the land use category on the Future Land Use Map of
this purposely built commercial property in order to use the site for commercial, retail,
office and perhaps limited residential uses. This proposal requires a Future Land Use
Map change and zoning 'map change.
It should also be noted that the property is a designated local historic site and lies
adjacent to the National Register Architectural District and Flamingo Park local Historic
District. All future projects shall be subject to review by the Historic Preservation Board
pursuant to Section 118 -563 of the City Code.
PLANNING BOARD ACTION
At the July 27, 2010 meeting the Planning Board recommended that the City
Commission approve the proposed change to the Future Land Use Map of the City's
Comprehensive Plan by a vote of 4 -0 (three members absent).
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance on first and only reading public hearing and direct the Administration to
transmit all applicable documents to the Department of Community Affairs (DCA) and
other required reviewing agencies.
Pursuant to Florida Statutes, small scale development amendments require only one
public hearing before the governing board (City Commission), which shall be an
adoption hearing. The procedure for transmittal of a complete proposed plan
amendment shall be by affirmative vote of not Tess than a majority of the members of the
governing body present which shall constitute a quorum.
In the case of a small scale amendment, notification by mail each to real property owner
whose address is known by reference to the latest ad valorem tax records will be
required, as well as to the owners of record of land Tying within 375 feet of the land
proposed to be changed. Such notice shall be given at least 30 days prior to the date set
for the public hearing. The subject noticed was mailed on September 24, 2010.
The notice shall also be published in a standard size newspaper; the required
advertisements shall be no less than 2 columns wide by 10 inches long and the headline
in the advertisement shall be in a type no smaller than 18 point and shall be placed in a
newspaper of general paid circulation in the municipality and of general interest and
readership in the municipality.
The advertisement shall be in substantially the following form:
City Commission Memorandum
File 1969 - FLUM change for 1600 Lenox Avenue
October 27, 2010 • Page 6
NOTICE OF (TYPE OF) CHANGE
The (name of local governmental unit) proposes to adopt the following ordinance: (title of
the ordinance). A public hearing on the ordinance will be held on (date and time) at
(meeting place).
The advertisement shall contain the ordinance title and a geographic map which
clearly indicates the area covered by the proposed ordinance.
JMG /JGG /RGUML
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'' ' CITY OF MIAMI BEACH '
{ " NOTICE OE AMENDMDIT TO THE FUTURE -,
t - : LAND USE MAP• OF THE • t x
i ��CITY DF MI { BEAC H C `
x i ` AND ZONING MA C > " ;
): ti .. ` NOTICE TO THE PUBLIC •
NOTICE IS' HEREBY,GIVEN thata lirst.atndoiS teed and public heanng Will be held by the
' City • Commission of rthe ;City'of Beach on , WEDNESDAY, October-27, 2010 at 10:30 a m::
• in .the • City -Commission :Chambers;, Third Floor, City'flail,. located t 1700 Center
At
Drive, Beach; Florida 33139' to consider ',. '
AN ORDINANCE;OF THE MAYOR AND'CITY COMMISSION 'OF THE CITY OF MIAMI BEACH, ' D
FLORIDA;. AMENDING THE FUTURE LAND. USE MAP .OF ;THE COMPREHENSIVE PLAN BY : •
CHANGINGIHE FUTURE.LAND USE •CATEGORY FOR'sTHE PARCEL'KNOWN'AS "1600.LENOX.
AVENUE," MORE PARTICULARLY ;DESCRIBED 1N'THE LEGAL DESCRIPTION,ATTACHEDAS'
E `A" HEREro FROM THE;.CURRENT `RM -1,; "MULTI4AMILY, LOW ' INTENSITY, ": TO ; e
i THE FUTURE LAND USE CATEGORY OF CD 1,, "COOMMERCIAL,..LOW INTENSITY;" WITH n;
A.RESTRICTION.LIMITIN.G THE'PROPERTY TO COMMERCIAL-•USES ;- PROVIDING FOR ' i . . •
.INCLUSION ..IN THE COMPREHENSIVE .PLAN, TRANSMITTAL, REPEALER, ' n -
ANDtAN CATS . :, o.
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• All interested parties are uwited to 1 appear,at#tiis, " n ar
g e�representerd b an agent, o r to
express:their.vfews in writing .addresser;) to he Planing Board": %'ttie Planning' Department, `;:
.1700 4Conventio0Genter Drive, ;City Haii, Miami 3ea&h, Flcfida _ copies •:of the proposed
amendments are available in the Planning,Depar1me Pursuant to Florida' Stat:'286 U1'05, • the,,
City Planning g; Board with respect�t o any consi at' `
dead its }ileetirtg oci�stiearitig,i$uch�person'
'.
must ensure that•a verbatim frecord of the 2proceedings istnade, which'iecord,must include the
testimony and evidence upon • Which the..appi l is 10 be'based. This nonce does not constitute
'consent by the ,City for, the . intraduchori or• :adriiission' Of; otherwise inadmissible . or, irrelevant ; •
,
evidence; nor does itauthorite challenges'sor;appeals -not otherwise allowed by law '
"•In.: accor with the Americans, rwith -Act ofrt.1 special -
accommodetion ,to_ participate in this ,.proceeding -should 'contact the Board's Administrator
no`-Iater than 'four days prior to tti proceeding' Telephone assistance ; 'if
hearing impaired, .telephone the .'Florida 1 elay ervic n umbers ; (305) 6734218 or.:7,11, for
assistance. (AD #;626) . i