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2017-4095 OrdinanceLOR REZONING-6881 Indian Creek Drive ORDINANCE NO. 2017-4095 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI 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 TC- 3, -"NORTH. BEACH TOWN CENTER .RESIDENTIAL/OFFICE"; AND PROVIDING FOR CODIFICATION; 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 zoning classification 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 zoning classification of the subject parcel as provided herein will ensure that the development is compatible 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. ZONING MAP AMENDMENT The following amendment to the City's zoning map designation for the property described herein are hereby approved and adopted and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: 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 REPEALER All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.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. CODIFICATION It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect 31 days after adoption to correspond to the adoption date of the Future Land Use Map of the City's Comprehensive Plan. PASSED and ADOPTED this .....!..2_ day of_---'-M-'---'c,-+v ___ _ I ATTEST: CITY tiE First Reading: Second Readin Date T:\AGENDA\2017\4-Aprii\Pianning\6881 Indian Creek LDR Rezoning-1st Reading ORD.docx "Exhibit B" 6881 Indian Creek Drive Ordinances -R5 F MIAMI BEACH TO: FROM: DATE: COMMISSION MEMORANDUM Honorable Mayor and Members of the City Commission Jimmy L. Morales, City Manager May 17,2017 10:15 a.m. Second Reading Public Hearing SUBJECT: LOR REZONING~ 6881 I NOlAN CREEK DRIVE: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI 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 TC-3, "NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE"; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Land Development Regulations Zoning 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 Zoning I Site Data Site Area: 11,751 SF I 0.27 acres Existing Zoning Designation: RM~1, Residential Multifamily Low Intensity District Proposed Zoning Designation: TC-3, North Beach Town center Residential/Office Existing FL UM Category: Low Intensity Residential Multifamily Category (RM-1) Proposed FLUM Category: North Beach Town Center Residential/Office (TC-3) Existing Land Uses: North: 69th Streeti/Multifamily Building Page 473 of 878 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 Zoning and Future Land Use 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. Jhe -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. City Charter Issues The request for modifications to the Zoning Atlas is consistent with City Charter Section 1.03 (c), related to FAR, which partially states the following: 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 zone 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 zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. Both the RM-1 and TC-3 zoning designations have a maximum F.A.R. of 1.25. As the proposed zoning change to TC-3 does not increase the established F.A.R. for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision. PLANNING BOARD REVIEW On February 28, 2017, the Planning Board transmitted the proposed Land Development Regulations Zoning Map Amendment to the City Commission, with a favorable recommendation. SUMMARY The proposed amendment to the Zoning Map is a companion to the amendment to the Future Land Use Map of the City's Comprehensive Plan. The change requires that these amendments be processed together, as they are interrelated to one another; however, separate motions must Page 474 of 878 be made for each application. The zoning change proposed by these applications would enable the continued adaptive reuse of the existing buildings. The proposed zoning map change was approved at First Reading on April 26, 2017. CONCLUSION The Administration recommends that the City Commission adopt the Land Development Regulations Zoning Map Amendment. Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: CJ Ci Description CJ Ad D 1 CJ Attachment 2 Page 475 of 878 ' -_,---- RM-2 Zoning (Existing) 6881 Indian Creek Drive I I' ! ·--,---~---,. ____ , ___________ L ----------~ ---------------' ------------------Z \ \ __ , . .-' ' 0 I , ~ --------------------------< ---+----------------""""""•• -------------' >-l CD \ ! ~---------' -----------! ~--------·--·-------------------C•~j TC-3 l \ RM-1 \ RM~2 69TH ST RM-1 0 100 200 400 Feet L___L __ ~--~--~--~~-~~~a~g~e~4§~1~o~f8~7~ J:'C-3 0 I _\ - - \ RM-2 100 \ Zoning (Proposed) 6881 Indian Creek Drive w ~ -~ -·--·-···--·· ------···-·-------..... ------·-·---·--··------- 200 I RM-2 400 Feet F[age 4§2 of 87~ TC-3 69TH ST RM-1 6NE I NEIGHBORS CITY OF MIAMI BEACH NOTICE OF PUBUC HEARINGS I THURSDAY MARCH 23 2017 MIAMIHERALD.COM COMPREHENSIVE PLAN AMENDMENT AND LAND DEVELOPMENT REGULATIONS REZONING FOR 6881 INDIAN CREEK DR~VE APRIL 26, 2017 I NOTICE IS HEREBY given that First Read)ngs/Public Hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3'" Roor, City Hall, 1700 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 following Ordinances: ' 10:50 a.m. COMPREHENSIVE PLAN AMENDMENT-6881 INDIAN 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 RESfDENTIAL!OFFICE"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is being heard pursuant td 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 IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI 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 OFTC-3, "NORTH BEACH TOWN CENTER RESIDENTIAl/OFFICE''; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABJUTY; AND AN. EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-164 of the C'ty'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. 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 the C1ty Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive. 1" Floor, City Hall, Miami Beach. Flori-da 33139. This meeting, or any item herein. may be continued, and under such circumstances, ad-ditional legal notice need not be provided. ' Pursuant to Section 286.0105, Fla. Stat., 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, wh,ich record includes the testimony and evidence upon which the appeal is to tre based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. ' To re-quest 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 option 6; TTY users may call via 7ii (Florida Relay Service). p 480 f 878 Rafael E. Granado. City Clerk age o City of Miami Beach Ad 1291