2010-27477 ResoRESOLUTION NO.i 2010-27477
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF-MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER 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
BELOW, FROM THE. CURRENT RM-1, "MULTI-FAMILY, LOW
INTENSITY," TO THE FUTURE LAND USE CATEGORY OF CD-1,
"COMMERCIAL, LOW INTENSITY;" WITH A RESTRICTION LIMITING
THE PROPERTY TO NO MORE THAN 10 RESIDENTIAL UNITS PER
ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT.
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, as it may be amended in the
future, with the exception of a limitation of no more than 10 residential units per acre as
provided for in the voluntary covenant attached hereto; 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; and
WHEREAS, full legal description of the Affected Property is contained in Exhibit
"A" attached to this Ordinance, -and shortened descriptions of such properties will be
codified in the amendments below.
LEGAL DESCRIPTION: 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," with commercial uses and a restriction
limiting the property to no more than 10 residential units per acre as
provided for in the voluntary covenant attached hereto.
NOW THEREFORE, BE IT DULY. RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first and only public
1 of 2
NOW THEREFORE, . BE IT DULY RESOLVED BY .THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first and only public
hearing shall be held on October 27, 2010 to consider adopting the proposed
amendment; directing staff to transmit this small-scale amendment to the Florida
Department of Community Affairs and making the appropriate changes to the Future
Land Use Map of the City
PASSED AND ADOPTED this ~ S~ day of S~ T~~ ~~~' 2010 .
A EST: AYOR
~ G
-CITY CLERK
- ~ APPROVED AS TO
F RM & LANGUAGE
FOR EXECUTION
Ci rn a~ Date
F:\PLAN\$PLB\2010\7-27-2010\1969&1970 -1600 Lenox Ave\1969 - FLUM reso setting public hearing.doc
2 of 2
Condensed Title:
COMMISSION ITEM SUMMARY
Resolutions of the Mayor and City Commission of the City of Miami Beach, Florida, setting Public Hearings
to consider two Ordinances of the City of Miami Beach, Florida; one would amend the Future Land Use
Map of the Comprehensive Plan by changing the Future Land Use Category for the Parcel known as the
"1600 Lenox Avenue" from the current RM-1, "Residential Multifamily Medium Intensity," to the Future
Land Use Category of CD-1, "Commercial, Low Intensity;" and the other ordinance to change the Zoning
Map from RM-1 "Residential Multifamily Medium Intensity," to CD-1 "Commercial, Low Intensity;" both with
a restriction limiting the Property to no more than 10 ,Residential Units per acre as provided for in the
Voluntary Covenant.
~r , • 1
Ke Intended Outcome Su ooted:
Regulatory and Neighborhood satisfaction
Supporting Data (Surveys, Environmental Scan, etc Regulatory -required by Florida Statutes
Issue:
Should the City Commission set the public hearings to consider amending the Future Land Use Map for
1600 Lenox Avenue from RM-1, to CD-1; and amendin the Zonin Ma from RM-1 to CD-1.
Item Summa /Recommendation:
SETTING FIRST READING PUBLIC HEARINGS
The City, at the request of the property owner, is proposing to change the land use category on the Future
Land Use Map and change the zoning district designation of this purposely built commercial property in
order to use the site for commercial, retail, office and limited residential uses.
The change of land use designation and zoning district does not increase the floor area ratio of the subject
site. The current land use designation is RM-1 Multi Family Residential Low Density 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). It should be noted
that the property owner has voluntarily proffered a covenant to restrict any residential development that
may be proposed in the future to a maximum of 10 units per acre.
The zoning designation allows only residential use as a main permitted use, and other uses which are
accessory uses, subordinate to the main use. This land use category and 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 shall not be permitted to extend throughout other parts of that building.
The Administration recommends that the City Commission approve the resolutions setting the public
hearin s for October 27, 2010.
Aavisory ~oara 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)
rinancia~ ~ntormation:
.Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary: The proposed resolution is not expected to have any fiscal impact upon
the resources of the Ci at this time. When the site is redevelo ed, revenues to the Ci ma increase.
~i c:ierK•s Utrice Le islative Trackin
Richard Lorber or Mercy Lamazares
Sign-Offs:
Dep rt nt Director Ass'stant City anager City Manager
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T:\A EN A 010\September
~ 5~~onsent~~ ytiy-16U enogetting public hear6nd sum.doc
MIAMIBEACH
AGEIyDA fTEM C ~ L
-DATE 9-~5- /~
m MIAMI BEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachFl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members o the City Commission
~~.
FROM: Jorge M. Gonzalez, City Manager ~~
DATE: September 15, 2010
SUBJECT: 1600 Lenox Avenue -Amending the Future Land Use and Zoning Maps -
Setting of First and only Reading Public Hearings.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER 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 BELOW, .FROM THE .CURRENT RM-1, "MULTI-
FAMILY, LOW INTENSITY," TO THE FUTURE LAND USE CATEGORY OF
CD-1, "COMMERCIAL', LOW INTENSITY;" WITH A RESTRICTION LIMITING
THE PROPERTY TO COMMERCIAL USES AND NO MORE THAN 10
RESIDENTIAL UNITS PER ACRE AS PROVIDED FOR IN THE VOLUNTARY
COVENANT.
A RESOLUTION OF ,THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER 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 FOR THE PARCEL KNOWN AS "1600 LENOX
AVENUE," MORE PARTICULARLY DESCRIBED IN THE LEGAL
DESCRIPTION BELOW, FROM THE CURRENT ZONING CLASSIFICATION
RM-1, "RESIDENTIAL. MULTIFAMILY LOW INTENSITY," TO THE
PROPOSED ZONING CLASSIFICATION CD-1, "COMMMERCIAL, LOW
INTENSITY," WITH A RESTRICTION LIMITING THE PROPERTY
TO COMMERCIAL USES AND NO MORE THAN 10 RESIDENTIAL UNITS
PER ACRE AS PROVIDED FOR IN THE VOLUNTARY COVENANT.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set .first reading. public
hearings for each of the above for the October 27, 2010 meeting.
City Commission Memorandum
#1969&1970 - FLUM and Zoning change 1600 Lenox Avenue
September 25, 2010 Page 2
BACKGROUND
At its May 27, 2010 meeting the Land Use and Development Committee (LUDC)
referred the rezoning and FLUM change for the property at 1600 Lenox Avenue to the
Planning Board for its review and recommendation.
Although these two separate requests can be heard together at a public hearing, it is
necessary to have separate motions for each, request.
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
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Site Area:
Existing FLUM Category:
Proposed PLUM Category:
Density Limits:
Density Limits:
Intensity Limits:
Intensity Limits:
Existing Zoning Designation:
Proposed Zoning Designation:
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Size: 50 X 150 feet (approximately 7,500 sq. ft. (or
+/- 0.172 acre)
RM-1 Residential Multifamily Low Intensity
CD-1 Commercial, Low Intensity
RM-1 - 60 dwellings units per acre
CD-1 - 60 dwelling units per acre
RM-1 -shall not exceed 1.25 FAR
CD-1 -shall not exceed 1.0 FAR for Commercial;
1.25 FAR for residential or mixed use
RM-1 Residential Multifamily Low Intensity
CD-1 Commercial, Low Intensity
City Commission Memorandum
#1969&1970 - FLUM and Zoning change 1600 Lenox Avenue
September 25, 2010 Page 3
Existing FAR: RM-1 - 1.25 FAR
Proposed FAR: CD-1 -1.0 except when more than 25 percent of the
total area of a building is used for residential units,
the maximum FAR shall be the same as RM-1
district: 1.25
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 16th 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.
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 site is currently designated RM-1 Residential Multifamily Low Intensity on the Future
Land Use Map of the Comprehensive Plan, and zoned RM-1. ~ The zoning designation
allows only residential use as a main permitted use, and other uses which are accessory
uses specifically authorized in the land use category, which are required to be
subordinate to the main use. This land use category and 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 shall not be permitted to extend
throughout other parts of that building.
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 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.
City Commission Memorandum
#1969& 1970 - FLUM and Zoning change 1600 Lenox Avenue
September 25, 2010 Pa e 4 ~'
g
The change of land use designation and zoning district does not increase the floor area
ratio of the subject site. The current land use designation is RM-1 Multi Family '.
~~
Residential Low Density 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 t
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 . It should be noted tha h ~ '~
() t t e property owner has voluntarily proffered a
covenant to restrict any residential development that may be proposed in the future to a ~~
maximum of 10 units per acre. .
Comprehensive Plan Issues
Prior to 1989, the area north of 16th Street had a zoning classification of C-2, which is a
commercial classification. The change of zoning and land use 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 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 of
the Florida Statutes, land use map amendments may be considered "small-scale"
amendments, if less than 10 acres in size; and if the proposed amendment involves a
residential land use, the residential land use has a density of 10 units or less per acre; or
if the proposed future land use category allows a maximum residential .density of the
same or less than the maximum residential density allowable under the existing future
land use category. 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, and receive expedited review and a less stringent
State approval process. However, this provision does not apply in cases where a level
of residential density above 10 dwelling units per acre is being permitted. Although the
City is requesting this land use change, the property owner is proposing a covenant
running with the land and recorded in public records limiting any future proposal for
residential use to 10 units per acre.
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 comprehensive plan, as well as a statutory mandate to
implement public school concurrency. 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 yields a
maximum residential density of 2 multifamily dwelling units, which generates less than
one student in any level or type of school, therefore it is exempt from the 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.
City Commission Memorandum
#1969&1970 - FLUM and Zoning change 1600 Lenox Avenue
September 25, 2010 Page 5
Summary ~,
The City, at the request of the property owner, is .proposing to change the land use
category on the Future Land Use Map and change the zoning district designation of this
purposely built commercial property in order to use the site for commercial, retail, office
and limited residential uses. This proposal requires a Future Land Use Map change and ',
zoning map change. A covenant restricting residential uses on the site is also required
in order for the land use map amendment to be considered asmall-scale amendment by
the Florida Department of Community Affairs. ~~
It should also be noted that the property is a designated a 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.
These amendments must be processed together as they are interrelated to one another.
The zoning change contemplated by these applications would enable the adaptive reuse
of the site.
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 and Zoning Map by a vote of 4-0 (three members absent) on two
separate motions.
CONCLUSION
The Administration recommends that the City Commission set the first and only reading
public hearings for both the Future Land Use and the Zoning Maps for the October 27,
2010 meeting.
Pursuant to Florida Statutes, asmall scale development amendment involving a use of
10 acres or fewer and has a density of .10 units or less per acre may be approved
without regard to statutory limits on the frequency of consideration of amendments to the
local comprehensive plan. Small scale development amendments require only one
public hearing before the governing board, which shall be an adoption hearing. The
procedure for transmittal of a complete proposed plan amendment shall be by affirmative
vote of not 'less 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 lying within 375 feet of the land,
which is to be changed. Such notice shall be given at least 30 days prior to the date set
for the public hearing. The same procedure applies to change the Zoning Map; however
both notifications can be prepared in the same notice.
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
~.
City Commission Memorandum
#1969&1970 -FLUM and Zoning change 1600 Lenox Avenue
September 25, 2010 Page 6
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:
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 timeZat
(meeting place).
The advertisement shall contain both ordinance. titles and a geographic location map
which clearly indicates the area covered by the proposed ordinance.
JMG/JGG/RGL/ML
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