2011-3726 Ordinance Comp Plan Text Amendment
2nd Reading
ORDINANCE NO. 2011 -3726
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING PART II: GOALS,
OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH
COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE
ELEMENT, BY ADDING NEW CATEGORIES "TOWN CENTER
CORE" (TC -1); "TOWN CENTER MIXED USE" (TC -2); AND "TOWN
CENTER RESIDENTIAL OFFICE" (TC -3); AND ACCOMPANYING
STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AND
AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO
SUBMIT THE ADOPTED AMENDMENTS TO THE FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER
REQUIRED STATE AND LOCAL AGENCIES; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, the Miami Beach Mayor and City Commission adopted the North
Beach Town Center Plan by Resolution No. 2007 -26600 on July 11, 2007 in order to
provide comprehensive guidance for private and public sector initiatives toward
redevelopment and revitalization in the area bounded by 73 Street, the Atlantic Ocean, 69
Street, and Indian Creek Waterway; and
WHEREAS, the North Beach Town Center will be guided by the
Comprehensive Plan as amended in order to achieve the vision set forth in the North
Beach Town Center Plan; and
WHEREAS, amending the text of the City of Miami Beach Comprehensive Plan
as provided herein is necessary to ensure that development of the North Beach Town
Center will be compatible with development in adjacent and surrounding areas, and will
contribute to the health and general welfare of the City; and
WHEREAS, the North Beach Town Center districts are intended to:
1. Promote development of a compact, pedestrian- oriented town center
consisting of a high- intensity employment center, vibrant and dynamic mixed -
use areas, and attractive residential living environments with compatible office
uses and neighborhood- oriented commercial services.
2. Promote a diverse mix of residential, business, commercial, office,
institutional, educational, and cultural and entertainment activities for workers,
visitors and residents.
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Comp Plan Text Amendment
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3. Encourage pedestrian- oriented development within walking distance of
transit opportunities at densities and intensities that will help to support transit
usage and town center businesses.
4. Provide opportunities for live /work lifestyles and increase the availability of
affordable office space in the North Beach area.
5. Promote the health and well -being of residents by encouraging physical
activity, alternative transportation, and greater social interaction.
6. Create a place that represents a unique, attractive and memorable
destination for residents and visitors.
7. Enhance the community's character through the promotion of high - quality
urban design.
WHEREAS, the TC -1 district is intended to encourage and enhance the high -
intensity commercial employment center function of the Town Center's core area and its
regulations are intended to support the Town Center's role as the hub of community -wide
importance for business, office, retail, governmental services, culture and entertainment
while also accommodating mixed -use and residential projects as important components
of the area's vitality; and
WHEREAS, the TC -2 district is intended to support medium intensity mixed -use
(residential /nonresidential) projects with active retail ground floor uses; and
WHEREAS, the TC -3 district is intended to accommodate low density multi-
family residential development and low intensity office and tourist lodging uses, and also
accommodating small -scale ground floor neighborhood commercial uses that are
compatible with the residential character of the TC -3 district.
WHEREAS, the City Commission hereby finds that the adoption of this
Ordinance is in the best interest and welfare of the residents of the City; and
WHEREAS, the City Commission, upon first reading of this Ordinance,
authorized its transmittal to the Department of Community Affairs and review agencies for
the purpose of a review in accordance with Section 163.31 84, Florida Statutes; and
WHEREAS, the Florida Department of Community Affairs completed its review
of the proposed North Beach Town Center land use amendments for consistency with
Rule 9J -5, Florida Administrative Code, and Chapter 163, Part 11, Florida Statutes and
prepared the Objections, Recommendations and Comments Report (ORC) identifying
certain objections to the proposed amendments; and
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Comp Plan Text Amendment
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WHEREAS, the Administration reviewed the Objections and made adjustments
to the language of the proposed amendments in order to respond and comply with the
Objections listed in the ORC Report; and
WHEREAS, the City Commission of the City of Miami Beach, upon second
reading public hearing is in agreement with the changes made to the proposed
amendments and adopts such amendments to the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS TO THE CITY OF MIAMI BEACH COMPREHENSIVE
PLAN.
That Policy 1.2 of Objective 1, Land Development Regulations of the Future Land Use
Element of the City of Miami Beach Comprehensive Plan is hereby modified as follows:
PART II: GOALS, OBJECTIVES AND POLICIES
FUTURE LAND USE ELEMENT
GOAL:
Ensure that the character and location of land uses maximize the potential for economic
benefit and the enjoyment of natural and man -made resources by citizens while minimizing
the threat to health, safety and welfare posed by hazards, nuisances, incompatible land
uses and environmental degradation.
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
Future growth and development, redevelopment and rehabilitation will be managed
through the preparation, adoption, implementation and enforcement of land development
regulations.
* * *
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 land use intensity:
* * *
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Comp Plan Text Amendment
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Town Center Core Category (TC -1)
Purpose: To encourage and enhance the high- intensity commercial employment center
function of the Town Center's core area, as well as, support the Town Center's role as the
hub of communit -wide im • ortance for business office retail • overnmental services
culture and entertainment.
Uses which may be Permitted: Various types of commercial uses including, business and
professional offices, retail sales and service establishments, eating and drinking
establishments and a • artment residential uses a • artment hotels and hotels.
Other uses which may be permitted are accessory uses that are incidental to and
customarily associated with the main permitted uses such as accessory outdoor bar
counter, sidewalk cafe, storage of su..lies normall used in connection with a •ermitted
use, off - street parking and loading, and other similar accessory uses.
The conditional uses which may be permitted are public and private institutions such as
adult congregate living facilities, nursing homes, religious uses, schools, day care,
museums, theaters, cultural and similar uses; parking lots and garages; commercial uses
of an impact or intensity deemed to require additional review such as outdoor
entertainment establishment, neighborhood impact establishment, open air entertainment
establishment; and video arcades.
Density Limits: 150 dwelling units per acre;
Intensity Limits: a floor area ratio of 2.25 on lot area equal to or less than 45,000 sq.
ft.•and a floor area ratio of 2.75 on lot area greater than 45,000 sq. ft.
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 2.75.
Town Center Commercial Category (TC -2)
Purpose: To provide support for medium intensity mixed -use (residential /nonresidential)
projects with active retail ground floor uses.
Uses which may be Permitted: Various types of commercial uses including, business and
professional offices, retail sales and service establishments, eating and drinking
establishments, apartment residential uses, hotels, and apartment hotels.
Other uses which may be permitted are accessory uses that are incidental to and
customarily associated with the main permitted uses such as accessory outdoor bar
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Comp Plan Text Amendment
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counter. sidewalk cafe, storage of supplies normally used in connection with a permitted
use, off - street parking and loading, and other similar accessory uses.
The conditional uses which may be permitted are public and private institutions such as
adult congregate living facilities, nursing homes, religious uses, schools, day care,
museums, theaters, cultural and similar uses; parking lots and garages; commercial uses
of an impact or intensity deemed to require additional review such as outdoor
entertainment establishment, neighborhood impact establishment, open air entertainment
establishment; and video arcades.
Density Limits: 100 dwelling units per acre
Intensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use
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 thepurpose 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.
Town Center Residential Office (TC -3)
Purpose: To provide a transition between the high intensity Town Center Core and the
surrounding low intensity residential multi - family districts, by providing for contextually
compatible residential and mixed -use development within an established, pedestrian,
bicycle and transit oriented residential environment. Office and tourist lodging facilities are
intended to provide a variety of employment opportunities to support the local economy
and to reduce the need for long distance home to work vehicle trips. Neighborhood
oriented retail and service uses are intended to provide opportunities for small business
development and to enliven the pedestrian environment.
Uses which may be permitted: Existing single family detached dwellings; single family
attached dwellings, townhouse dwellings, multiple family dwellings, offices, hotels, and
neighborhood retail and services.
Other uses which may be permitted are accessory uses that are incidental to and
customarily associated with the main permitted uses such as a dining room, health club or
other services solely for use of the occupants of an apartment building, accessory
restaurants, bars and services in a hotel, sidewalk cafe, storage of supplies normally used
in connection with a permitted use, off - street parking and loading, and other similar
accessory uses.
The conditional uses which may be permitted are public and private institutions such as
adult congregate living facilities, nursing homes, religious uses, schools, day care and
similar institutional uses, hotels, parking lots and garages, and neighborhood- oriented
retail and personal service uses.
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Density Limits: 60 dwelling units per acre.
Intensity Limits: a floor area ratio of 1.25
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 1.25.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections 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, and it is hereby ordained that Section 1 is made
part of the City of Miami Beach Comprehensive plan, as amended; 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.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 21St day of May , 2011; however,
the effective date of any plan amendment shall be in accordance with Section 163.3184,
Florida Statutes.
PASSED and ADOPTED this i l th day of May , 20
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Comp Plan Text Amendment
2nd Reading
APPROVED AS TO
FORM AND LANGUAGE
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.M V ity Attorney Date
First Reading: September 15, 2010 /
Second Reading: May 11, 2011
Verified by: .
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Richard Lorber, AICP, LEED Date
Planning Director
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COMMISSION ITEM SUMMARY
Condensed Title:
North Beach Town Center Comprehensive Plan and Zoning Amendments
Key Intended Outcome Supported:
Maintain strong growth management policies
Supporting Data (Surveys, Environmental Scan, etc.):
While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is
"about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the
City in this area.
Issue:
Should the City Commission approve the ordinances on second reading and authorize the City
Administration to transmit the adopted comp plan amendments to DCA and any other required state and
local agencies.
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING The proposed rezoning of the area known as the North
Beach Town Center is the result of many years of planning and community involvement. The intent is to
stimulate private sector reinvestment and to guide future development to create a vibrant mixed -use
commercial center serving the entire North Beach community. While 71 Street would be the commercial
"main street", the Town Center should encompass the area from 69 — 72 Streets between Collins Avenue
and Indian Creek Waterway.
There are four separate ordinances required to accomplish the proposed rezoning:
1. The citywide comprehensive plan would be amended to add the new land use categories, TC -1, TC -2,
and TC -3. The TC categories are nearly identical to the existing land use categories except for the
9 9 p
"Purpose" statements and the introduction of mixed uses into the existing RM -1 multifamily areas.
2. The Future Land Use Map (FLUM), part of the citywide comprehensive plan, would be amended to
replace the existing CD -3, CD -2 and RM -1 districts with the new TC districts.
3. The City's Land Development Regulations would be amended to add the new TC zoning district
regulations. These would generally keep the same FAR and height limitations, but would add design
standards and incentives through parking reductions. The TC -3 district would introduce office uses
into the residential district and permit certain other uses as conditional uses.
4. The official zoning map would be amended to replace CD -3 with TC -1, to replace CD -2 with TC -2, and
to re 'lace RM -1 with TC -3 and TC -3(c).
Advisory Board Recommendation:
On June 22, 2010, the Planning Board held a public hearing, duly advertised pursuant to the requirements
of State Statutes for Comprehensive Plan Amendments; and by a 5 -0 vote (2 members absent)
recommended approval of each one of the four North Beach Town Center ordinances.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:: These land use amendments are anticipated to have a positive impact
on the City by encouraging redevelopment of underutilized property and creating job opportunities.
City Clerk's Office Legislative Tracking:
Joyce Meyers, Planning Department
Sign - Offs:
Department Director Ass stant City M ager City Manager
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CA AGENDA ITEM I BS F 1`y
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DATE S--11—)
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MIAMIB
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: May 11, 2011
SUBJECT: NORTH BEACH TOWN CENTER C PREHENSIVE PLAN AND ZONING
AMENDMENTS
1. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND
POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, POLICY
1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE
FUTURE LAND USE ELEMENT, BY ADDING NEW CATEGORIES "TOWN
CENTER CORE" (TC -1); "TOWN CENTER MIXED USE" (TC -2); AND "TOWN
CENTER RESIDENTIAL OFFICE" (TC -3); AND ACCOMPANYING STANDARDS
FOR LAND DEVELOPMENT REGULATIONS; AND AUTHORIZING AND
DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE ADOPTED
AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
2. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
CITY'S COMPREHENSIVE PLAN FOR THE NORTH BEACH TOWN CENTER
FROM CD -3, "COMMERCIAL, HIGH INTENSITY" TO TC -1, "TOWN CENTER
CORE "; FROM CD -2, "COMMERCIAL, MEDIUM INTENSITY" TO TC -2, "TOWN
CENTER MIXED USE "; AND FROM RM -1, "RESIDENTIAL MULTIFAMILY, LOW
INTENSITY" TO TC -3, "TOWN CENTER RESIDENTIAL OFFICE "; AND
AUTHORIZING AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT
THE ADOPTED AMENDMENTS TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL
AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION
AND AN EFFECTIVE DATE.
3. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT
REGULATIONS, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS ", ARTICLE II, "DISTRICT REGULATIONS ", BY CREATING A
NEW DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS ",
CREATING NEW ZONING DISTRICTS TC -1, TOWN CENTER CORE; TC -2,
TOWN CENTER MIXED USE; AND TC -3, TOWN CENTER RESIDENTIAL
OFFICE; PROVIDING FOR PURPOSE AND INTENT, DEFINITIONS, MAIN
PERMITTED, CONDITIONAL, ACCESSORY AND PROHIBITED USES,
North Beach Town Center comp plan and zoning
May 11, 2011
Page 2 of 16
DEVELOPMENT REGULATIONS, DESIGN REVIEW STANDARDS, AND
PARKING REGULATIONS; AMENDING CHAPTER 130, "OFF- STREET
PARKING ", ARTICLE II, "DISTRICTS; REQUIREMENTS ", SECTION 130 -31,
"PARKING DISTRICTS ESTABLISHED ", AMENDING THE BOUNDARIES OF
PARKING DISTRICT 4; AMENDING ARTICLE III, SECTION 130 -68,
"COMMERCIAL AND NONCOMMERCIAL PARKING GARAGES ", ADOPTING
NEW REGULATIIONS IN TC -3 AND GU FOR COMMERICAL AND
NONCOMMERICAL PARKING GARAGES; AMENDING CHAPTER 138,
"SIGNS ", ARTICLE V, "SIGN REGULATIONS BY DISTRICTS ", SECTION 138-
172, "SCHEDULE OF SIGN REGULATIONS FOR PRINCIPAL USE SIGNS ";
CREATING A NEW SECTION 138 -174, "NORTH BEACH TOWN CENTER
SIGNAGE "; AMENDING CHAPTER 142, DIVISION 4, "ALCOHOLIC
BEVERAGES ", SECTIONS 142 -1301 AND 142 -1302 TO INCLUDE TC
DISTRICTS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
4. 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 CITY CODE, BY CHANGING THE
ZONING DISTRICT CLASSIFICATIONS FOR THE NORTH BEACH TOWN
CENTER FROM CD -3, "COMMERCIAL, HIGH INTENSITY" TO TC -1, "TOWN
CENTER CORE "; FROM CD -2, "COMMERCIAL, MEDIUM INTENSITY" TO TC-
2, "TOWN CENTER MIXED USE "; AND FROM RM -1, "RESIDENTIAL
MULTIFAMILY, LOW INTENSITY" TO TC -3, "TOWN CENTER RESIDENTIAL
OFFICE" AND TC -3(C) "TOWN CENTER CONDITIONAL NEIGHBORHOOD
COMMERCIAL "; AND AMENDING THE AFFECTED PORTION OF THE CITY'S
OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THESE
CHANGES; PROVIDING FOR REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
BACKGROUND
The North Beach Town Center Plan was adopted by the Mayor and City Commission on July
11, 2007. The purpose of the Town Center Plan is to stimulate reinvestment and guide
future development to create a vibrant commercial center serving the entire North Beach
community. The next step is to amend the comprehensive plan and the zoning ordinance to
implement the land use and urban design recommendations in the community vision plan.
The Planning Department prepared the North Beach Town Center (TC) development code
as a comprehensive guide to the purpose and effect of each element of the proposed code
amendments. This document was reviewed at a community workshop in North Beach on
September 16, 2008 and in two workshops with the Planning Board on October 28, 2008
and November 25, 2008.
The Land Use and Development Committee (LUDC) discussed the proposed TC code on
February 9, 2009 and heard public testimony. The Committee expressed their desire to
ensure that the new regulations are not overly burdensome on developers, provide
incentives to attract new development, potentially reducing the area of the Town Center to
concentrate development in the blocks between Collins and Abbott Avenues, and
emphasizing the importance of constructing a public parking garage. The Committee passed
a motion to hold a special LUDC meeting to further discuss this item due to its importance
North Beach Town Center comp plan and zoning
May 11, 2011
Page 3 of 16
and complexity. Subsequently, staff met individually with the Mayor and members of the
LUDC and determined that there was consensus to move forward with the ordinance
including certain modifications that have been incorporated into the ordinance.
The Land Use and Development Committee discussed the proposed TC code for a second
time on March 22, 2010. The Committee voted to send the item on to the Planning Board,
after first holding a public workshop in the North Beach Town Center area, and with the
following changes and conditions: 1) no variances to the use provisions; 2) prohibit rooftop
alcoholic beverage venues; 3) limit accessory uses in hotels in the TC -3 area to a similar
ratio of seats to rooms as used for South Pointe; 4) address outdoor bar counters by
prohibiting or limiting to more than 100 feet from a residential use; and 5) inclusion of
additional TC -3 area north of Publix into area permitting additional expanded conditional
uses.
The Planning Department held two additional community workshops on the proposed North
Beach Town Center comprehensive plan and zoning amendments on Wednesday, May 5,
2010. The two meetings were held at 4 PM at the Shane Rowing Center and at 6:30 PM at
the North Shore Youth Center. Notices of the workshops were mailed to all property owners
within a 375 feet radius of the Town Center. Comments from the community were generally
positive. A detailed report is attached to this memo on page 16 as Attachment A.
The Planning Board held a public hearing on June 22, 2010 and subsequently voted 5 -0 to
recommend approval of each of the four ordinances, including the Comprehensive Plan text
amendment, the Future Land Use Map amendment, the TC zoning district text amendment
and the zoning map amendment.
On July 26, 2010, the Land Use and Development Committee discussed for a third time the
proposed TC amendments to the comprehensive plan and zoning code, and unanimously
recommended that it should be moved forward to first reading public hearing with the full City
Commission.
On September 15, 2010, the Mayor and City Commission approved the proposed TC
amendments to the comprehensive plan and zoning code on first reading and authorized the
Administration to transmit the comprehensive plan amendments to the Department of
Community Affairs and review agencies for the purpose of a review in accordance with
Section 163.31 84, Florida Statutes.
The Florida Department of Community Affairs completed its review of the proposed North
Beach Town Center land use amendments for consistency with Rule 9J -5, Florida
Administrative Code, and Chapter 163, Part II, Florida Statutes and prepared the Objections,
Recommendations and Comments Report (ORC) identifying one objection to the proposed
amendments. The Administration reviewed the objection and made adjustments to the
language of the proposed amendments in order to respond and comply with the ORC
Report. These changes are described in the Analysis section of this memo.
The second reading of the proposed TC comprehensive plan amendments was required by
Florida Statutes to be delayed until after the citywide comprehensive plan amendments were
adopted, which took place on April 13, 2011.
North Beach Town Center comp plan and zoning
May 11, 2011
Page 4of16
ANALYSIS
Below is an analysis of the various changes proposed to the Zoning Code and the
Comprehensive Plan. The analysis of the Zoning Code amendments, which contain
important proposed changes to the District Regulations, begins below on this page.
Analysis of the Comprehensive Plan amendments, which are required by the State in order
to permit the zoning changes, begins on page 10. (Note that it is also a technical
requirement that the Commission adopt the Comprehensive Plan amendments first, and
then afterwards adopt the zoning amendments.)
Zoning Code Amendments
The proposed land development regulations for the North Beach Town Center will create
three new zoning districts as shown on the maps on page 5. The boundaries of the
proposed new zoning districts will exactly follow the boundaries of the existing CD -3, CD -2
and RM -1 zoning district boundaries on the zoning map.
• TC -1, Town Center Core district replaces the CD -3 Commercial High Intensity
district
• TC -2, Town Center Mixed Use district replaces the CD -2 Commercial Medium
Intensity district
• TC -3, Town Center Residential Office district replaces the RM -1 Residential Multi -
Family Low Intensity district
• TC -3(c) is a sub - district within TC -3 that differs only in that certain
neighborhood- oriented commercial uses may be permissible as conditional
uses
The TC North Beach Town Center Districts are intended to: promote development of a
compact, pedestrian- oriented town center consisting of a high- intensity employment center,
vibrant and dynamic mixed -use areas, and attractive residential living environments with
compatible office uses and neighborhood- oriented commercial services; promote a diverse
mix of residential, business, commercial, office, institutional, educational, and cultural and
entertainment activities for workers, visitors and residents; encourage pedestrian- oriented
development within walking distance of transit opportunities at densities and intensities that
will help to support transit usage and town center businesses; provide opportunities for
live /work lifestyles and increase the availability of affordable office space in the North Beach
area; promote the health and well -being of residents by encouraging physical activity,
waterfront access, alternative transportation, and greater social interaction; create a place
that represents a unique, attractive and memorable destination for residents and visitors;
enhance the community's character through the promotion of high - quality urban design.
1
North Beach Town Center comp plan and zoning
May 11, 2011
Page 5 of 16
North Beach Town Center
Proposed Zoning Changes
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North Beach Town Center comp plan and zoning
May 11, 2011
Page 6 of 16
Proposed District Regulations
TC -1 Town Center Core District
The TC -1 district is intended to encourage and enhance the high- intensity commercial
employment center function of the Town Center's core area and its regulations are intended
to support the Town Center's role as the hub of community -wide importance for business,
office, retail, governmental services, culture and entertainment while also accommodating
mixed -use and residential projects as important components of the area's vitality.
Maximum Floor Area Ratio (FAR) and maximum building height would remain the same as
CD -3. The maximum FAR is 2.25 for Tots 45,000 sq. ft of less and 2.75 for lots over 45,000
sq. ft. Maximum building height is 75 feet or 7 stories. Permissible land uses would remain
the same except as noted below.
Following are highlights of proposed regulations in TC -1 that are different from CD -3:
1. Land uses: outdoor bar counters, accessory to a hotel, located within 100 feet of an
apartment unit may not be operated between 8 pm and 8 am. Also, alcoholic
beverage establishments may not be located in any open area about the ground
floor, except restaurants with Tess than 40 seats until 8 pm with no music.
2. Minimum setback requirements — 5 feet adjacent to all streets; 10 feet side and rear
where abutting a TC -3 district or a future alley; otherwise 0 feet
3. An increased setback would be required for portions of buildings above 50 feet in
height along 71 Street equal to 1 ft. setback for each 1 ft. of height above 50 feet
(max. 25 ft setback for a 75 ft. high building) This is intended to maintain a more
human scale for buildings facing 71 Street.
4. Ground floor retail, restaurant or cultural space would be required for 75% of the
frontage along 71 St and Collins Ave. in order to develop a cohesive retail storefront
district. Distance separation from schools would be waived for restaurants serving
alcoholic beverages.
5. Open space would be required for building sites over 20,000 sq. ft. in the form of an
urban plaza occupying at least 5% of the lot area.
6. Publicly accessible waterfront pedestrian walkways would be incentivized along
Indian Creek in exchange for a reduced setback for buildings along the waterfront.
7. A dedication or easement for an alley would be required in the rear or side setback
area. The creation of alleys is an extremely important means of improving vehicular
traffic flow by removing service and delivery functions from the main streets. It will
also enhance the safety and comfort of the pedestrian environment by reducing curb
cuts that create conflicts between vehicles pedestrians and bicycles.
8. Allowable encroachments in required yard areas would be more limited.
9. Signage regulations would be slightly modified to be more compatible with required
shade trees along the street.
TC -2 Town Center Mixed Use District
The TC -2 district is intended to support medium intensity mixed -use
(residential /nonresidential) projects with active retail ground floor uses.
Maximum development intensity, including Floor Area Ratio (FAR) and maximum building
height would remain the same as CD -2. The maximum FAR is 1.5 with a .5 bonus for
residential mixed -use and the maximum height is 50 feet. Permissible land uses would
remain the same except as noted below.
North Beach Town Center comp plan and zoning
May 11, 2011
Page 7 of 16
Following are highlights of proposed regulations in TC -2 that are different from CD -2:
1. Land uses: outdoor bar counters, accessory to a hotel, located within 100 feet of an
apartment unit may not be operated between 8 pm and 8 am. Also, alcoholic
beverage establishments may not be located in any open area about the ground
floor, except restaurants with less than 40 seats until 8 pm with no music.
2. Minimum setback requirements — 5 feet adjacent to all streets; 10 feet side and rear
where abutting a future alley; otherwise 0 feet
3. Ground floor retail, restaurant or cultural space would be required for 75% of the
frontage along 71 St and Collins Ave. in order to develop a cohesive retail storefront
district. Distance separation from schools would be waived for restaurants serving
alcoholic beverages.
4. Open space would be required for building sites over 20,000 sq. ft. in the form of an
urban plaza occupying at least 5% of the lot area.
5. Publicly accessible waterfront pedestrian walkways would be incentivized in
exchange for a reduced setback for buildings along the waterfront.
6. A dedication or easement for an alley would be required in the rear or side setback
area.
7. Allowable encroachments in required yard areas would be more limited.
8. Signage regulations would be slightly modified to be more compatible with required
shade trees along the street.
TC -3 Town Center Residential Office District
The TC -3 district is intended to accommodate low density multi - family residential
development and low intensity office and tourist lodging uses, and also to accommodate
small -scale ground floor neighborhood commercial uses that are compatible with the
residential character of the TC -3 district in certain areas designated as TC -3(c) on the
zoning map.
Maximum Floor Area Ratio (FAR) would remain at 1.25, which is the same as RM -1.
Following are highlights of proposed regulations in TC -3 that are different from RM -1:
1. The list of permissible land uses would be expanded to allow neighborhood
compatible mixed uses and to provide diverse opportunities for employment.
a. Main permitted uses — residential and office
b. Conditional uses — RM -1 conditional uses plus hotels
c. Accessory uses — RM -1 accessory uses and special regulations for hotels
outlined in Sec. 142 -736 (c) (3) on pages 7 -8 of the ordinance.
d. Prohibited uses -- accessory uses associated with hotels including dance halls,
outdoor entertainment establishment, open air entertainment establishment;
outdoor bar counter and alcoholic beverage establishments located in any open
area above the ground floor.
2. A subdistrict within TC -3, which is labeled TC -3(c) on the zoning map, (see map on
page 5) would provide for Conditional Uses in limited areas. These would include the
following neighborhood retail and service uses located on the ground floor and
limited to 2,500 sq. ft. or Tess per establishment:
• antique stores,
• art/craft galleries,
• artist studios,
• bakery or specialty food stores,
• barber shops and beauty salons,
• dry cleaner with off-site processing (dry cleaning receiving station),
• newspapers and magazines,
North Beach Town Center comp plan and zoning
May 11, 2011
Page 8 of 16
• photo studio,
• shoe repair,
• tailor or dressmaker,
• food service establishments with less than 30 seats (including outdoor
cafe seating with alcohol limited to beer and wine and closing no later
than 11:00 PM,
• full service restaurants serving alcoholic beverage or with 30 seats or
more may be permitted only on waterfront properties with a publicly
accessible waterfront walkway
Comments from the community meeting on May 5' 2010 would encourage the City to
expand this list of uses, and to make the conditional use process Tess time
consuming and expensive for small businesses to undertake.
3. Commercial and non- commercial parking garages are permissible as conditional
uses in RM -1 and would also be conditional uses in the TC -3 district. A new
subsection Sec. 130 -68 (9) is proposed in Chapter 130. "Off Street Parking" to
consolidate regulations pertaining to parking garages in TC -3. Most of the
regulations would be the same as for parking garages in RM -1, with the following
exceptions.
a. commercial uses would be permissible as conditional uses on the ground floor of
a parking structure without limitation on size, except that the total combined
commercial and /or residential space shall not to exceed 25% of the total floor
area of the structure.
b. residential or commercial uses would be required on the first level facing a street
or waterway, but would not be required on the upper floors.
c. the parking spaces may serve residential or commercial uses without limitation
on the percentage of residential spaces.
d. minimum front yard setbacks would be reduced from 15 feet to 10 feet facing
streets with right -of -way greater than 50 feet. This would apply only to front yards
along Abbott Ave. and Indian Creek Drive. (Note: this provision was added
subsequent to the Planning Board hearing on 6/22/10 and prior to the LUDC
meeting on 7/26/10.)
4. Minimum setback requirements —15 feet front yard (exceptions see 3d.above); 7.5
feet side yard facing a street (10 feet for Tots over 50 feet in width); 7.5 feet side
interior lot line except 10 feet for buildings over 33 feet in height and 10 feet where
abutting TC -1; 10 feet rear yard; 30 feet adjacent to any waterfront
5. Height limitations are proposed to ensure compatibility with the predominant low
scale built environment as follows:
a. maximum building height 4 stories or 45 feet, except for waterfront lots which
may be 5 stories or 50 feet due to the greater (20 ft) setback requirement
b. increased setback (1:1 ratio) would be required for portions of buildings above 23
feet in height along the front lot line to be compatible with the existing 2 -story
buildings
c. rear yard setbacks (1:1 ratio) would be required for portions of buildings above
33 feet in height
d. limitations on rooftop features that may exceed the height and setbacks
North Beach Town Center comp plan and zoning
May 11, 2011
Page 9 of 16
Parking regulations in the North Beach Town Center are intended to provide centralized
public parking garages to serve the Town Center; to minimize the amount of on -site parking
required for individual Tots, thereby reducing building bulk and maximizing ground floor space
available for retail and restaurant uses; and to promote walking, bicycling and transit
ridership to help reduce the demand for parking within the district. The following provisions
are recommended:
1. to modify the boundaries of Parking District #4 to include all of the TC -1 and TC -2
districts (see section 3 on page 16 of the proposed ordinance)
2. to permit offsite parking within a distance of 800 feet from the development site
3. to reduce the residential parking requirements for smaller units
4. to encourage shared parking between uses that have different peak usage periods
and add residential uses to the calculation of shared parking minimums (see Sec.
130 -221 of the City Code)
5. to provide a parking credit as an incentive for developers to provide urban plaza
space or space for a public library
6. to provide a parking credit for bicycle parking and for commercial developments that
provide showers for bicycle commuters
7. to define parking requirements for "live- work" units.
Minimum bicycle parking requirements for various land uses are proposed for the TC
districts. The bicycle parking requirements are based on the LEED (Leadership in Energy
and Environmental Design) standards for neighborhood development. The Administration
envisions these bicycle parking standards to be a model for the entire city.
Streetscape improvements are required to be constructed by developers and detailed design
standards are set forth in the North Beach Town Center Design Standards (see below). This
includes sidewalks in the public right -of -way and a minimum 5- feet -wide setback area on
private property adjoining all streets.
Design Review Standards were created to further define and illustrate the urban design
intent for the North Beach Town Center. This is a separate document that was adopted by
the Design Review Board on December 7, 2010. It is entitled "Design Review Standards for
the North Beach Town Center TC Zoning Districts "; also known as the "NBTC Design
Standards ". The document contains customized design standards for such things as access
drives, alleys, parking, building location on the lot, shade canopies, waterfront pedestrian
walkways, urban plazas, signs, and streetscape design. It also contains the Infill Regulating
Plan which illustrates the plan for the entire Town Center and shows how individual Tots
should relate to the whole.
North Beach Town Center comp plan and zoning
May 11, 2011
Page 10 of 16
Comprehensive Plan amendments
The proposed amendments to the comprehensive plan would create three new land use
categories, Town Center Core TC -1, Town Center Commercial TC -2 and Town Center
Residential Office TC -3, based upon a lengthy neighborhood planning process that resulted
in a vision for a more intensely developed, mixed use "Town Center" to serve the entire
North Beach community. These three new TC categories are proposed to replace the
existing land use categories on the Future Land Use Map, as shown below. The affected
area is bounded by Collins Avenue on the east, 69 Street on the south, Indian Creek
Waterway on the west and 72 Street on the North.
Proposed Future Land Use Map (FLUM) amendment
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Following is a summary comparison of the existing comprehensive plan and proposed
amendments for the North Beach Town Center TC categories.
TC -1
Existing: CD -3 High Intensity Commercial
Proposed: Town Center Core TC -1
The TC -1 category is identical to the CD -3 category except for the "Purpose" statement,
which describes the special purpose and intent for the core area of the North Beach Town
Center. Land uses, density and intensity (FAR) remain the same.
North Beach Town Center comp plan and zoning
May 11, 2011
Page 11 of 16
TC -2
Existing: CD -2 Medium Intensity Commercial
Proposed: Town Center Commercial TC -2
The TC -2 category is identical to the CD -2 category except for the "Purpose" statement,
which describes the special purpose and intent for the commercial area of the North Beach
Town Center. Land uses, density and intensity (FAR) remain the same.
TC -3
Existing: RM -1 Low Density Multi Family Residential
Proposed: Town Center Residential Office TC -3
The TC -3 category differs from the RM -1 category by expanding the list of permissible land
uses. The RM -1 category is limited to residential uses, whereas the TC -3 category would
allow residential, office, hotel, and neighborhood retail and service uses. The low density
and intensity (FAR 1.25) from the RM -1 district would remain unchanged. The "Purpose"
statement describes the special purpose and intent for the TC -3 area of the North Beach
Town Center.
Category Existing Comp Plan as amended Proposed TC Comp Plan amendment
TC -1 CD -3 High Intensit Commercial Town Center Core TC -1
Purpose To provide development opportunities To encourage and enhance the high -
for and to enhance the desirability and intensity commercial employment center
quality of existing and /or new medium function of the Town Center's core area, as
intensity commercial areas which well as, support the Town Center's role as
primarily serve the entire city. the hub of community -wide importance for
business, office, retail, governmental
services, culture and entertainment.
Land uses Various types of commercial uses Various types of commercial uses
including business and professional including, business and professional
offices, retail sales and service offices, retail sales and service
establishments, eating and drinking establishments, eating and drinking
establishments; apartment residential establishments; and apartment residential
uses; apartment hotels; and hotels. uses; apartment hotels; and hotels.
Density limits 150 dwelling units per acre 150 dwelling units per acre
Intensity FAR 2.25 on lot area 545,000 sq. ft. FAR 2.25 on lot area 5 _45,000 sq. ft. and
and FAR 2.75 on lot area >45,000 sq. FAR 2.75 on lot area >45,000 sq. ft.
ft.
TC -2 CD -2 Medium Intensity Town Center Commercial (TC -2)
Commercial
Purpose To provide development opportunities To provide support for medium intensity
for and to enhance the desirability and mixed -use (residential/
quality of existing and /or new medium nonresidential) projects with active retail
intensity commercial areas which ground floor uses.
serve the entire city.
Land uses Various types of commercial uses Various types of commercial uses
including business and professional including, business and professional
offices, retail sales and service offices, retail sales and service
establishments, eating and drinking establishments, eating and drinking
establishments; apartment residential establishments, apartment residential
uses; apartment hotels; and hotels. uses, hotels, and apartment hotels.
Density limits 100 dwelling units per acre 100 dwelling units per acre
Intensity FAR 1.5 for commercial; FAR 2.0 for FAR 1.5 for commercial; FAR 2.0 for
residential or mixed use residential or mixed use
North Beach Town Center comp plan and zoning
May 11, 2011
Page 12 of 16
Category Existing Comp Plan as amended Proposed TC Comp Plan amendment
RM -1 Low Density Multi Family Town Center Residential Office (TC -3)
TC -3 Residential
Purpose To provide development To provide a transition between the high
opportunities for and to enhance the intensity Town Center Core and the
desirability and quality of existing surrounding low intensity residential multi -
and/or new low density multi family family districts, by providing for
residential areas. contextually compatible residential and
p
mixed -use development within an
established, pedestrian, bicycle and transit
oriented residential environment. Office
and tourist lodging facilities are intended to
provide a variety of employment
opportunities to support the local economy
and to reduce the need for long distance
home to work vehicle trips. Neighborhood
oriented retail and service uses are
intended to provide opportunities for small
business development and to enliven the
pedestrian environment.
Land uses Single family detached dwellings; Existing single family detached dwellings;
single family attached dwellings, single family attached dwellings,
townhouse dwellings and multiple townhouse dwellings, multiple family
family dwellings dwellings, offices, hotels, and
neighborhood retail and services.
Density limits 60 dwelling units per acre 60 dwelling units per acre
Intensity FAR 1.25 FAR 1.25
Amendments to the comprehensive plan are a necessary precursor to the enactment of the
North Beach Town Center TC zoning code. The primary reason for this is the mixture of land
uses proposed for the TC -3 district (currently RM -1 low density multi - family residential). The
proposed TC -3 district would add office uses as a main permitted use and also offer
conditional uses for hotel and certain neighborhood- oriented commercial uses. This
expansion of permissible land uses was deemed to be especially important to the North
Beach Town Center to provide a transition between the high intensity core (TC -1) and the
surrounding low density multifamily residential district, to provide a variety of employment
opportunities, to provide opportunities for small business development, to reduce the need
for long distance home to work trips and to enliven the pedestrian environment. If not for
this change in TC -3 land uses, the entire package TC zoning code amendments could be
adopted without amending the comprehensive plan. Since a comprehensive plan
amendment is required for the TC -3 district, the Planning Department has opted to propose
new future land use categories for all three districts: TC -1, TC -2 and TC -3. This will highlight
the specific intent and purpose of the North Beach Town Center development plan and set
the TC districts apart from other commercial and residential /office districts throughout the
City.
North Beach Town Center comp plan and zoning
May 11, 2011
Page 13 of 16
Department of Community Affairs (DCA) review
The Florida Department of Community Affairs (DCA) completed its review of the proposed
land use amendments for consistency with Rule 9J -5, Florida Administrative Code, and
Chapter 163, Part II, Florida Statutes and prepared the Objections, Recommendations and
Comments Report (ORC). The DCA identified the following objection and recommendation
to the proposed amendment:
Objection 1 (Types of Uses): The three proposed new FLUM categories (TC -1,
TC -2 and TC -3) for the North Beach Town Center generally adequately describe
the types of uses that are permissible in each category. However, the following
text is also added to each of the FLUM categories: "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; and conditional uses specifically authorized in this
land use category, as described in the Land Development Regulations, which
are required to go through a public hearing process as prescribed in the Land
Development Regulations of the Code of the City of Miami Beach." This
additional text is objectionable because it defers the "other uses" to the land
development regulations. Also, the terms "other uses" and "subordinate" are not
defined and are therefore not meaningful and predictable. Authority: Section
163.3177(6)(a) and (g); and 163.3184, F.S.; and Rules 9J- 5.003(90); and 9J-
5.005(6), F.A.C. Recommendation: The City should delete the text quoted
above from the descriptions of the TC -1, TC -2 and TC -3 land uses categories in
Future Land Use Policy 1.2.
In response to DCA, the Administration has deleted the objectionable language and
substituted lists of the accessory uses and conditional uses that are permissible in the
proposed zoning ordinance for TC -1, TC -2 and TC -3.
Modifications since First Reading, September 15, 2010
During the long interval while the proposed comprehensive plan amendments were under
review by the DCA, the Administration continued to make refinements in the proposed land
development regulations. These refinements are indicated by strikethrough and double
underlining in the proposed ordinance. Following is a summary of the changes:
• A new section (d) was added to Sec. 142 -736 to reconcile TC -1, TC -2 and TC -3 with
other sections of the land development regulations that refer to the previous zoning
districts in the Town Center, i.e., CD -3, Cd -3 and RM -1 (Comp Plan Text
Amendment Ordinance p. 8).
• Waterfront setbacks are changed from a minimum of 20 feet to a minimum of 30
feet; however, the Design Review board may allow the waterfront setback to be
decreased to not less than 15 feet if the property provides a public assess waterfront
walkway (Ordinance p. 11).
• Waterfront Pedestrian Walkways are deleted as a mandatory requirement (p. 12).
This is replaced by an incentive to provide a public access walkway in exchange for
a reduction in the minimum setback (Ordinance p. 11).
North Beach Town Center comp plan and zoning
May 11, 2011
Page 14 of 16
• Minimum open space is reduced from 10% to 5% of the lot area for development
sites over 20,000 sq. ft. (Ordinance p. 12).
• New language is added to the Alleys section to clarify that the requirement to
dedicate space for new alleys is flexible in location according to the configuration of
individual lots and blocks and is not intended bifurcate lot assemblages (Ordinance
p. 12).
• The boundaries for Parking District No. 4 are expanded to include TC -2 as well as
TC -1 (Ordinance p. 17). This modification will only affect the I -Hop and former
Denny's sites fronting Collins Avenue near 69 Street. It is consistent with policy
direction from the Land Use and Development Committee that would expand the
parking district throughout other portions on North Beach in a separate piece of
legislation.
• The regulations for commercial and noncommercial parking garages in TC -3 are
clarified with regard to ground level uses; the maximum percentage of total floor area
permitted to be used for residential or commercial uses is increased from 25% to
35 %; and minimum setbacks are reduced from 15 feet to 10 feet facing streets that
are wider than 50 feet (includes Abbott Av. and Indian Creek Drive) (Ordinance p.
18).
Economic Impact
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall
consider the long -term economic impact (at least 5 years) of proposed legislative actions,"
this shall confirm that the City Administration evaluated the long -term economic impact (at
least 5 years) of this proposed legislative action, and determined that there may be the
following positive and negative economic impacts from the proposed North Beach Town
Center zoning code.
The overall economic impact is expected to be positive, as these specially crafted TC zoning
districts send a clear message that the City welcomes and encourages redevelopment of
greater intensity, and variety within the Town Center. When the real estate market rebounds
following the recession, staff anticipates that the latent demand for retail, restaurant,
personal services, office space and quality housing in the North Beach community will
support reinvestment in the Town Center. Many parking lots and underutilized commercial
properties will be redeveloped with mixed uses. The reduced parking requirements in this
ordinance provide a significant incentive through cost savings for new development. The
proposed city- subsidized parking garage would further expand the economic incentives for
private sector redevelopment. Properties in the TC -3 district, which are currently limited to
residential uses, will have many more land use options, including office, hotel and
neighborhood- oriented retail and personal services This may lead to increased property
values and benefit the local economy by proving affordable space for small business
development.
A few of the proposed land development regulations could be perceived to have potential
negative impacts on the flexibility to design new construction to achieve maximum value.
These include increased building setbacks, alley dedications, and lower height limits in the
TC -3 district. However, the Planning Department has carefully studied these conditions and
is confident that a suitable building envelope is provided by the proposed regulations to
allow new construction up to the maximum FAR. Height restrictions in TC -3 are
North Beach Town Center comp plan and zoning
May 11, 2011
Page 15 of 16
counterbalanced by reduced minimum setbacks; and the space occupied by waterfront
walkways is counterbalanced by reduced setbacks, greater height and the opportunity to
provide retail and restaurant uses along the waterfront. Furthermore, the Administration
believes that the overall benefits to be gained by these development regulations will help to
increase property values throughout the Town Center and far outweigh any inconvenience to
individual properties.
During the May 5, 2010 community meetings, some property owners brought up the
following economic concerns: (1) that mandatory retail uses on 71 Street and Collins Avenue
would be burdensome in the present day economy due to a lack of qualified tenants. (2) that
the conditional use approval process in TC -3(c) would be too expensive and time consuming
for small business to undertake; (3) that mandatory closing by 11 PM would be an undue
economic hardship on restaurants that would be allowed to locate along the Indian Creek
waterway; and (4) that parking requirements should be eliminated or reduced in the TC -3
district for office and neighborhood commercial uses. The Administration recognizes that
there could be some validity to the concern about mandatory retail uses on 71 Street and
Collins Ave. in the current market, but believes that this is a short term condition and that the
long term economic success of the Town Center district as a viable shopping district
depends upon having continuous retail frontage along the major streets. It should be noted
that existing uses would not be affected. The Administration agrees that the conditional use
application process may be a deterrent to many small businesses. The Planning Board
approved a solution to the third concern by increasing the closing time to 12 midnight,
subject to limitations that may be placed in the conditional use permit on a case by case
basis. The administration recognizes that parking requirements in the TC -3 district will place
a burden on small businesses that may wish to locate there, but it may be prudent to wait
until a parking garage is assured in this district.
ADMINISTRATION RECOMMENDATION
In view of the above analysis, the Administration recommends that the Mayor and City
Commission should adopt all four ordinances on second reading and direct the City
Administration to submit the adopted Comprehensive Plan amendments and the Future
Land Use Map amendments to the Florida Department of Community Affairs and any other
required state and local agencies.
L
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T:\AGENDA\2011 \5- 11 -11 \TC zoning amend memo.doc
North Beach Town Center comp plan and zoning
May 11, 2011
Page 16 of 16
Attachment A
Report from North Beach Town Center Zoning Community Meetings - May 5, 2010
The Planning Department held two community meetings on Wednesday, May 5, 2010 on the
proposed North Beach Town Center zoning amendments. The two meetings were held at 4
PM at the Shane Rowing Center and at 6:30 PM at the North Shore Youth Center. Notices
of the workshops were mailed to all property owners within a 375 feet radius of the Town
Center.
A total of approximately 40 people attended the two workshops, including about equal
numbers of business persons and interested residents. The feedback was very positive.
Everyone supported the concept of encouraging redevelopment of a more intense, walkable,
mixed -use Town Center. Several people asked about what incentives the City can offer to
stimulate private investment, such as greater height and FAR. Planning staff responded that
public parking is the primary incentive available at this time; and they described the RFLI for
a public - private joint venture parking garage in North Beach. Staff also highlighted the
important steps the City is taking to support cultural activities in the Town Center by
rehabilitating the North Beach Bandshell and seeking new groups to operate the Byron
Carlyle Theater.
Several people expressed a desire to allow greater flexibility in the types of retail /service
uses proposed for conditional uses the TC -3 Town Center Residential Office district. No one
objected to introducing retail /service uses into these residential blocks; and everyone
supported allowing office uses in TC -3. One person stated that the proposed 11 PM closing
time for a restaurant located on the Indian Creek waterfront would make it financially
infeasible for the restaurant owner. Everyone present agreed that the indoor portion of a
waterfront restaurant could remain open to a later hour without harming the surrounding
residential uses. Several people expressed a desire to make parking requirements more
flexible for new businesses located in the TC -3 district, perhaps by allowing them to pay
parking mitigation fees.
Regarding the TC -1 Town Center Core district, two people expressed concern that the
requirement for retail /restaurant/cultural uses on 75% of the ground floor frontage facing 71
Street and Collins Avenue could result in numerous vacancies if there is not a sufficient
market for such uses. One person stated that the North Beach Town Center should not be
subjected to the same restrictions on outdoor dining and entertainment as South Beach
because North Beach is different; and no one expressed any disagreement with the
sentiment.
Background: The proposed zoning code would create a special district called "Town
Center" (TC), with three sub - districts tailored to replace the current CD -3, CD -2 and RM -1
zoning districts. The TC district is intended to enhance the built environment with custom -
tailored land use, urban design and parking regulations. The area affected by the proposed
TC zoning revision is bounded on the north by 72 Street, on the east by Collins Avenue, on
the south by 69 Street and on the west by the Indian Creek waterway.
The proposed North Beach Town Center zoning amendments are a direct result of the
Master Plan for the North Beach Town Center, which was developed during numerous
community workshops and adopted by the City Commission in July 2007. The zoning
amendments are scheduled for a public hearing at the Miami Beach Planning Board on May
25, 2010.
0 14 MAMIBEACH
CITY OF MIAMI
BEACH
- NOTICE OF AMENDMENT TO THE FUTURE
_ LAND USE MAP (PLUM) AND TEXT OF THE
crr( 0 F MIAMI BEACH COMPREHENSIVE PLAN
NOTICE IS HEREBY GIVEN that a second reading an d public hearing will be held by
the City 'Commission of the City of Miami Beach on WEDNESDAY, May 11, •2011
after 5:00 pm in the City m Miam�Beach Florida 331 to r consydeathe following
- 1700 .Convention Center Drive,
- - .ordinances:
`'AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH
•w: COMPREHENSIVE PLAN, POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF
THE FUTURE LAND USE ELEMENT, BY ADDING NEW CATEGORIES "TOWN CENTER CORE" (TC -1);
-"TOWN CENTER MIXED USE" (TC -2); AND "TOWN CENTER RESIDENTIAL OFFICE" (TC -3); AND
, ACCOMPANYING STANDARDS FOR LAND DEVELOPMENT REGULATIONS; AND AUTHORIZING
AND DIRECTING THE CITY ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO
THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE
- AND LOCAL AGENCIES; PROVIDING` FOR REPEALLR, SEVERABILITY, CODIFICATION AND AN
'. EFFECTIVE DATE.
"AN ORDINANCE OF THE MAYOR AND 'CITY. COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE CITY'S COMPREHENSIVE PLAN FOR
''THE NORTH BEACH TOWN CENTER FROM CD -3, "COMMERCIAL, HIGH INTENSITY" TO TC -1,
'TOWN CENTER CORE "; FROM CD -2, "COMMERCIAL, .MEDIUM INTENSITY" TO TC -2, "TOWN
CENTER MIXED.USE "; AND FROM RM -1, "RESIDENTIAL MULTIFAMILY, LOW INTENSITY" TO
TC -3, "TOWN CENTER RESIDENTIAL OFFICE "; AND AUTHORIZING AND DIRECTING THE CITY
ADMINISTRATION TO SUBMIT THE ADOPTED AMENDMENTS TO THE:FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND ANY OTHER REQUIRED STATE AND LOCAL AGENCIES; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
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_AII 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 Planning Department,
1700 Convention Center Drive, City Hall, Miami Beach, FL 33139. Copies of the
_ ;.proposed 'amendments are available in the Planning Dept and at the following web
4ddress: http: / /web.miamibeachfl.gov /planning /scroll.aspx ?id= 25706.
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, 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 inadmissible or irrelevant
evidence, nor does it authorize. challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information
on access for persons with disabilities, and /or any accommodation to review
any document or participate in any city-sponsored
days in advance
proceeding, please an e i your
contact
ve dd
(305) 604 -2489 (voice), (305) 673 -7218 (TTY) y
request. 1 I Y users may also cal! 711 (Florida Relay Service). AD #654
6B 1 WEDNESDAY, APRIL 6, 2011