2017-4094 OrdinanceComprehensive Plan Amendment-6881 Indian Creek Drive
ORDINANCE NO. 2017-4094
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE
PROCEDURES IN SECTION 163.3184(3}, FLORIDA STATUTES, TO
AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH
COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR
THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE
CURRENT DESIGNATION OF RM-1, "RESIDENTIAL MULTIFAMILY,
LOW INTENSITY", TO THE PROPOSED DESIGNATION OF TC-3,
"NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE";
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continues to seek and encourage economic
development and preservation of architecturally significant buildings in North Beach; and
WHEREAS, changing the comprehensive plan designations of the subject parcel
as provided herein is necessary to ensure the development of the sites 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
designation of the subject parcel as provided herein will ensure that development is
compatible and in scale with the built environment, and is in the best interest of the City;
and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT
The following amendment to the designations for the property described herein are
hereby approved and adopted and the Planning Director is hereby directed to make the
appropriate changes to the City's Future Land Use Map:
A parcel of land located at 6881 Indian Creek Drive (Miami-Dade County
Folio Nos. 02-3211-001-0750), as depicted in Exhibit "B," from the current
RM-1 "Residential Multifamily, Low Intensity," to the proposed zoning
classification TC-3, "North Beach Town Center Residential/Office."
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. INCLUSION IN COMPREHENSIVE PLAN
It is the intention of the City Commission that the Comprehensive Plan's Future
Land Use Map be amended in accordance with the provisions of this Ordinance.
SECTION 5. TRANSMITTAL
The Planning Director is hereby directed to transmit this ordinance to the
appropriate stafe, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3187(2), Florida Statutes.
PASSED and ADOPTED this_!_!_ day of_..:....fl1.;_t\...:......;t...\.j ___ _
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ATTEST:
First Reading:
Second Reading·
T:\AGENDA\2017\4-Aprii\Pianning\6881 Indian Creek-Comp Plan -1st Reading ORD.docx
"Exhibit B"
6881 Indian Creek Drive
Ordinances -RS E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 17,2017
10:10 a.m. Second Reading Public Hearing
SUBJECT: COMPREHENSIVE PLAN AMENDMENT-6881 I NOlAN CREEK DRIVE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN
SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE
LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY
CHANGING THE DESIGNATION FOR THE PARCEL LOCATED AT 6881
INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1,
"RESIDENTIAL MULTIFAMILY, LOW INTENSITY," TO THE PROPOSED
DESIGNATION OF TC-3, "NORTH BEACH TOWN CENTER
RESIDENTIAL/OFFICE"; PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the 2025 Comprehensive Plan
Future Land Use Map Amendment.
ANALYSIS
BACKGROUND
On September 14, 2016, at the request of the Commissioner Ricky Arriola, the City
Commission referred the item to the Land Use and Development Committee (LUDC) and
Planning Board (Item C4 L).
On September 21, 2016, the LUDC recommended in favor of the proposed comprehensive
plan amendment and LOR amendment, including required map amendment.
PLANNING ANALYSIS
Future Land Use I Site Data
Site Area: 11,751 SF/ 0.27 acres
Existing FLUM Category: Low Intensity Residential Multifamily Category (RM-1)
Proposed FLUM Category: North Beach Town Center Residential/Office (TC-3)
Existing Zoning Designation: RM-1, Residential Multifamily Low Intensity District
Proposed Zoning Designation: TC-3, North Beach Town center Residential/Office
Existing Land Uses:
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North: 69th StreeU/Multifamily Building
East: Byron Avenue/ Multifamily Buildings
South: Indian Creek Drive
West: Indian Creek Drive/Police and Fire Stations
The Proposal
Currently, the property located at 6881 Indian Creek Drive has a Future Land Use and Zoning
Classification of RM-1 (Residential Multi-Family, Low Intensity). See attached map. The
proposal is to change the designation to TC-3. The properties immediately to the north have the
TC-3 designation, so this would be an extension of that district. The RM-1 and TC-3
designations allow for development of similar scales, so any future development would be
compatible with the RM-1 districts to the east.
The TC-3 classification is a low intensity district that, in addition to the currently permitted
residential uses, also allows for office and hotel uses, subject to conditional use approvals,
which may assist in improving the economic conditions of the neighborhood and provide
services to surrounding residents. In addition, the existing uses within the subject property are
consistent with the proposed designation.
The TC-3 district also allows for limited neighborhood oriented retail and services, and small
cafes as a conditional use, subject to Planning Board approval. Since the subject block
proposed for rezoning is separated from adjacent RM-1 parcels by a street, the introduction of
these limited non-residential uses, with Planning Board oversight, is not expected to have
adverse impacts, if they should they be proposed in the future.
Comprehensive Plan Process
The total land area involved in this application is 0.27 acres (11 ,751 SF). Under Section
163.3187 F.S., land use map amendments of less than 10 acres in size may be considered
"small-scale" amendments, which require only one public hearing before the City Commission,
which shall be an adoption hearing. Upon adoption, the local government shall send a copy of
the adopted small scale amendment to the State Land Planning Agency so that the Agency can
maintain a complete and up-to-date copy of the City's Comprehensive Plan.
I nterlocal 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 RM-1 future land use category allows a density of 60 units per acre. The
proposed TC-3 designation allows for the same maximum residential density. Therefore a
preliminary school concurrency review is not necessary.
Currently there is no proposal for redevelopment on the site. If there were a modification that
established residential units, final site plan approval is contingent upon meeting Public School
Concurrency requirements and the 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.
Page 464 of 878
PLANNING BOARD REVIEW
On February 28, 2017, the Planning Board transmitted the proposed Comprehensive Plan
Future Land Use Map Amendment to the City Commission, with a favorable recommendation.
SUMMARY/UPDATE
The proposed amendment to the Future Land Use Map (FLUM) of the City's Comprehensive
Plan has a companion Zoning Map amendment. These amendments must be processed
together, as they are interrelated to one another; however, separate motions must be made for
each application.
The proposed FLUM amendment was approved at First Reading on April26, 2017.
CONCLUSION
The Administration recommends that the City Commission adopt the 2025 Comprehensive
Plan Future Land Use Map Amendment.
Legislativ-e Iracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
B -Location Map
M
Page 465 of 878
6NE I NEIGHBORS i THURSDAY MARCH 23 2017
\ MIAMIHERALD.COM
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l CITY OF MIAMI BEACH
NOTICE OF PUBUC HEARINGS
COMPREHENSIVE PLAN AMENDMENT AND LAND DEVELOPMENT REGULATIONS REZONING
FOR 6881 INDIAN CREEK DRIVE
APRIL 26, 2017
NOTICE IS HEREBY given that First Readings/Public Hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3'" Floor, City Ha!J, 170{) Convention Center Drive, Miami Beach, Florida, on April 26, 2017 at the times listed below, or as soon thereafter as the matter can
be heard, to consider the adoption of the foltowing Ordinances:
10:50 a.m.
COMPREHENSIVE PLAN AMENDMENT-6881 lNDlAN CREEK DRIVE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION
163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE
DESIGNATION FOR THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1, "RESIDENTIAL MULTiFAMILY,
lOW INTENSITY", TO THE PROPOSED DESIGNATION OF TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAUOFFICE"; PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTfVE DATE. This Ordinance is being heard pursuant to Section 118-163 of the City's
Land Development Code, Section 2.05 of the City Charter and Section 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550.
10:55a.m.
LAND DEVELOPMENT REGULATIONS REZONING-6881 Indian Creek Drive
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP.
REFERENCED JN SECTION 142-72 OF THE CODE OF THE CITY OF MlAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR
THE PARCEL 6881 INDIAN CREEK DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY", TO THE
PROPOSED ZONING CLASSIFICATION OF TG-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE''; AND PROVIDING FOR CODIFICATION, REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is being heard pursuant to Section 118-164 of tile Cjty's Land Development Code, Section 2.05 of the
City Charter and Section 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550.
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INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o f
the City· Clerk, 1700 Convention Center Drive, 1"' Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours I
L'1 the Offrce of the City Clerk, 1700 Convention Center Drive, 1"' Floor, City Hall. Miami Beach, Florida 33139. This meeting, OT any item herein. may be continued, and
under such circumstances, additional fegal notice need not be provided.
Pursuant to Section 286.0105, Fla. Stal, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect
to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is to be based, This notice does not constitute consent by the City for the introduction or admission of otherwise madmissible or
irrefevant evidence, nor does ft authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities. and/or any
accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish, then opt1on 6,
TTY users may caf! via 7i1 (Florida Relay Service).
Page 469 of 878
Ad 1291
Rafael E. Granado. City Clerk
City of Miami Beach