2017-4127 OrdinanceCOLLINS AVENUE GU LOTS COMPREHENSIVE PLAN AMENDMENT
ORDINANCE NO. 2017 -4127
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE PUBLIC FACILITIES:
GOVERNMENTAL USES (PF) CATEGORY IN ORDER TO ALLOW
FOR COMMERCIAL USES AS MAIN PERMITTED USES; AND
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE
PROPERTIES LOCATED IN THE AREA BOUNDED BY COLLINS
AVENUE ON THE EAST, 87TH STREET ON THE NORTH, COLLINS
COURT ON THE WEST, AND 79TH STREET ON THE SOUTH FROM
"LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM -1)"
TO "PUBLIC FACILITY: GOVERNMENTAL USES (PF) ;" PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to activate the city -owned "West
Lots" generally located west of Collins Avenue between 79th Street and 87th Street; and
WHEREAS, the West Lots currently have a future land use designation of RM -1;
and
WHEREAS, the RM -1 is intended to allow for residential uses, which may be
beneficial in the long -term; however, in the near term, additional uses are necessary to
activate the sites; and
WHEREAS, commercial uses may complement government uses and facilities
and facilitate the delivery of public services; 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. The following amendment to the "Public Facility: Governmental Uses (PF)"
category in Policy 1.2 of the City's Comprehensive Plan Future Land Use Element is
hereby adopted:
FUTURE LAND USE ELEMENT
Policy 1.2
The land development regulations which implement this Comprehensive Plan shall, at a
minimum, be based on and be consistent with s. 163.3202, F.S., and shall further be
based on the following standards for land use category, and use intensity and and use:
Public Facility: Governmental Uses (PF)
Purpose: To provide development opportunities for existing and new government uses.
Uses which may be permitted: Government uses, various types of commercial uses
including business and professional offices, retail sales and service establishments, and
eating and drinking establishments.
Intensity Limits: Intensity may be limited by such set back, height, floor area ratio and /or
other restrictions as the City Commission acting in a legislative capacity determines can
effectuate the purpose of this land use category and otherwise implement
complementary public policy. However, in no case shall the intensity exceed a floor area
ratio of 2.0.
SECTION 2. The following amendment to the destinations for the property descried
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:
The parcels of land located in the area bounded by Collins Avenue on the
east, 87th Street on the north, Collins Court on the west, and 79th Street
on the south, as depicted in Exhibit "A," from the current "Low Density
Multi Family Residential Category (RM -1)" to "Public Facility:
Governmental Uses (PF)."
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 6. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 7. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3184(3) Florida Statutes.
PASSED and ADOPTED this 25 day of Sep'fember 2017.
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First Reading/Transmittal: July
Second Reading /Adoption: Se mb_P-113,120,
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Underline = new language
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T;\AGENDA \2017 \7 - July \Planning \Collins GU Lots COMP PLAN AMENDMENT - First Reading ORD.docx
3
"Exhibit A"
Properties located between
Collins Avenue on the east, 87th Street on the north,
Collins Court on the west, and 79th Street on the south
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Ordinances - R5 H
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
10 :35 a.m. Second Reading Public Hearing
SUBJECT: COLLINS AVENUE GU LOTS - COMPREHENSIVE PLAN AMENDMENT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THE
PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, BY MODIFYING
THE PUBLIC FACILITIES: GOVERNMENTAL USES (PF) CATEGORY IN ORDER
TO ALLOW FOR COMMERCIAL USES AS MAIN PERMITTED USES; AND
AMENDING THE FUTURE LAND USE MAP DESIGNATION FOR THE
PROPERTIES LOCATED IN THE AREA BOUNDED BY COLLINS AVENUE ON
THE EAST, 87TH STREET ON THE NORTH, COLLINS COURT ON THE WEST,
AND 79TH STREET ON THE SOUTH FROM "LOW DENSITY MULTI FAMILY
RESIDENTIAL CATEGORY (RM -1)" TO "PUBLIC FACILITY: GOVERNMENTAL
USES (PF);" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN,
TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On April 26, 2017, at the request of Commissioner Ricky Arriola, the City Commission referred the
subject discussion item to the Land Use and Development Committee and the Planning Board (Item
R9AG).
On May 10, 2017, the Land Use Committee discussed the item and Recommend in favor of the
proposal, with the removal of apartments from the proposed Comprehensive Plan amendment.
PLANNING ANALYSIS
The subject Comprehensive Plan amendment pertains to a proposal to create the 'North Beach
Yard', which is a community based, culinary incubator. The endeavor has been put forward by the
operator of the existing Wynwood Yard' in Miami, which is located in the Wynwood area and
provides an open area for food trucks, as well as other community based activities such as gardens,
music, yoga and performances. The site identified for this concept in North Beach is located on the
west side of Collins Avenue, between 81st and 82nd Street. All of the City owned lots on the west
side of Collins Avenue from 79th -87th Streets are zoned 'Government Use (GU)' and the future land
use category is 'Residential, Low Intensity (RM -1)'.
Page 954 of 2353
Under Sec 142- 425(d) of the LDR's, "no GU property may be used in a manner inconsistent with
the comprehensive plan ". Under the current RM -1 Future Land Use Category of the
Comprehensive Plan, commercial type uses such as that proposed by the North Beach Yard would
be inconsistent with the Comprehensive Plan. In order to address this inconsistency, the following
attached amendments have been drafted:
1. Change the current Future Land Use Map (FLU M) category from RM -1 to Public Facility
(PF)
2. Amend the Public Facility (PF) portion of the Comprehensive Plan to allow for commercial
uses as a permitted use.
This change would also bring previously approved uses (e.g. Ocean Rescue) into compliance with
the comprehensive plan, as well as provide more flexibility for future uses.
PLANNING BOARD REVIEW
On June 27, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission with a favorable recommendation.
UPDATE
The subject amendment was approved at First Reading on July 26, 2017. All required comments
from the applicable review agencies are expected prior to September 13, 2017. The Admininstration
does not anticipate any negative comments or responses from the applicable review agencies.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor Ricky Arriola
ATTACHMENTS:
Description
CI Exhibit B .. Map
D Collins Ave GU Lots Comp Plan
a Ad
Page 955 of 2353
"Exhibit B"
Properties located between
Collins Avenue on the east, 87th Street on the north,
Collins Court on the west, and 79th Street on the south
Page 956 of 2353
"Exhibit A"
Properties located between
Collins Avenue on the east, 87th Street on the north,
Collins Court on the west, and 79th Street on the south
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