2017-4095 OrdinanceLOR REZONING-6881 Indian Creek Drive
ORDINANCE NO. 2017-4095
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL
ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL 6881
INDIAN CREEK DRIVE, FROM THE CURRENT ZONING
CLASSIFICATION OF RM-1, "RESIDENTIAL MULTIFAMILY, LOW
INTENSITY", TO THE PROPOSED ZONING CLASSIFICATION OF TC-
3, -"NORTH. BEACH TOWN CENTER .RESIDENTIAL/OFFICE"; AND
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach continues to seek and encourage economic
development and preservation of architecturally significant buildings in North Beach; and
WHEREAS, changing the zoning classification of the subject parcel as provided
herein is necessary to ensure the development of the sites will be compatible with
development in adjacent and surrounding areas, and will contribute to the general health
and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that changing the zoning
classification of the subject parcel as provided herein will ensure that the development is
compatible with the built environment, and is in the best interest of the City; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. ZONING MAP AMENDMENT The following amendment to the City's
zoning map designation for the property described herein are hereby approved and
adopted and the Planning Director is hereby directed to make the appropriate changes
to the zoning map of the City:
A parcel of land located at 6881 Indian Creek Drive (Miami-Dade County
Folio Nos. 02-3211-001-0750), as depicted in Exhibit "B," from the current
RM-1 "Residential Multifamily, Low Intensity.," to the proposed zoning
classification TC-3, "North Beach Town Center Residential/Office."
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION
It is the intention of the City Commission that the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City of Miami Beach, Florida be
amended in accordance with the provisions of this Ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the Future Land Use Map of the City's Comprehensive Plan.
PASSED and ADOPTED this .....!..2_ day of_---'-M-'---'c,-+v ___ _
I
ATTEST:
CITY tiE
First Reading:
Second Readin
Date
T:\AGENDA\2017\4-Aprii\Pianning\6881 Indian Creek LDR Rezoning-1st Reading ORD.docx
"Exhibit B"
6881 Indian Creek Drive
Ordinances -R5 F
MIAMI BEACH
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Honorable Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
May 17,2017
10:15 a.m. Second Reading Public Hearing
SUBJECT: LOR REZONING~ 6881 I NOlAN CREEK DRIVE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING
DISTRICT CLASSIFICATION FOR THE PARCEL 6881 INDIAN CREEK
DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1,
"RESIDENTIAL MULTIFAMILY, LOW INTENSITY", TO THE PROPOSED
ZONING CLASSIFICATION OF TC-3, "NORTH BEACH TOWN CENTER
RESIDENTIAL/OFFICE"; AND PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Land Development Regulations
Zoning Map Amendment.
ANALYSIS
BACKGROUND
On September 14, 2016, at the request of the Commissioner Ricky Arriola, the City
Commission referred the item to the Land Use and Development Committee (LUDC) and
Planning Board (Item C4 L).
On September 21, 2016, the LUDC recommended in favor of the proposed comprehensive
plan amendment and LOR amendment, including required map amendment.
PLANNING ANALYSIS
Zoning I Site Data
Site Area: 11,751 SF I 0.27 acres
Existing Zoning Designation: RM~1, Residential Multifamily Low Intensity District
Proposed Zoning Designation: TC-3, North Beach Town center Residential/Office
Existing FL UM Category: Low Intensity Residential Multifamily Category (RM-1)
Proposed FLUM Category: North Beach Town Center Residential/Office (TC-3)
Existing Land Uses:
North: 69th Streeti/Multifamily Building
Page 473 of 878
East: Byron Avenue/ Multifamily Buildings
South: Indian Creek Drive
West: Indian Creek Drive/Police and Fire Stations
The Proposal
Currently, the property located at 6881 Indian Creek Drive has a Zoning and Future Land Use
Classification of RM-1 (Residential Multi-Family, Low Intensity). See attached map. The
proposal is to change the designation to TC-3. The properties immediately to the north have the
TC-3 designation, so this would be an extension of that district. The RM-1 and TC-3
designations allow for development of similar scales, so any future development would be
compatible with the RM-1 districts to the east.
Jhe -TC-3 classification -is a low intensity district that, in addition to the-currently permitted
residential uses, also allows for office and hotel uses, subject to conditional use approvals,
which may assist in improving the economic conditions of the neighborhood and provide
services to surrounding residents. In addition, the existing uses within the subject property are
consistent with the proposed designation.
The TC-3 district also allows for limited neighborhood oriented retail and services, and small
cafes as a conditional use, subject to Planning Board approval. Since the subject block
proposed for rezoning is separated from adjacent RM-1 parcels by a street, the introduction of
these limited non-residential uses, with Planning Board oversight, is not expected to have
adverse impacts, if they should they be proposed in the future.
City Charter Issues
The request for modifications to the Zoning Atlas is consistent with City Charter Section 1.03
(c), related to FAR, which partially states the following:
The floor area ratio of any property or street end within the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zone floor area ratio as it
exists on the date of adoption of this Charter Amendment (November 7, 2001 ), including any
limitations on floor area ratios which are in effect by virtue of development agreements through
the full term of such agreements, unless such increase in zone floor area ratio for any such
property shall first be approved by a vote of the electors of the City of Miami Beach.
Both the RM-1 and TC-3 zoning designations have a maximum F.A.R. of 1.25. As the
proposed zoning change to TC-3 does not increase the established F.A.R. for the subject
parcels, the requested amendment complies with the requirements of the referenced Charter
provision.
PLANNING BOARD REVIEW
On February 28, 2017, the Planning Board transmitted the proposed Land Development
Regulations Zoning Map Amendment to the City Commission, with a favorable
recommendation.
SUMMARY
The proposed amendment to the Zoning Map is a companion to the amendment to the Future
Land Use Map of the City's Comprehensive Plan. The change requires that these amendments
be processed together, as they are interrelated to one another; however, separate motions must
Page 474 of 878
be made for each application.
The zoning change proposed by these applications would enable the continued adaptive reuse
of the existing buildings. The proposed zoning map change was approved at First Reading on
April 26, 2017.
CONCLUSION
The Administration recommends that the City Commission adopt the Land Development
Regulations Zoning Map Amendment.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
CJ
Ci
Description
CJ Ad
D 1
CJ Attachment 2
Page 475 of 878
' -_,----
RM-2
Zoning (Existing)
6881 Indian Creek Drive
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69TH ST
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Zoning (Proposed)
6881 Indian Creek Drive
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200
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RM-2
400 Feet
F[age 4§2 of 87~
TC-3
69TH ST
RM-1
6NE I NEIGHBORS
CITY OF MIAMI BEACH
NOTICE OF PUBUC HEARINGS
I
THURSDAY MARCH 23 2017
MIAMIHERALD.COM
COMPREHENSIVE PLAN AMENDMENT AND LAND DEVELOPMENT REGULATIONS REZONING
FOR 6881 INDIAN CREEK DR~VE
APRIL 26, 2017 I
NOTICE IS HEREBY given that First Read)ngs/Public Hearings will be heard by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission
Chambers, 3'" Roor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on April 26, 2017 at the times listed below, or as !soon thereafter as the matter can
be heard, to consider the adoption of the following Ordinances: '
10:50 a.m.
COMPREHENSIVE PLAN AMENDMENT-6881 INDIAN CREEK DRIVE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE! PROCEDURES IN SECTION
163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE' PLAN, BY CHANGING THE
DESIGNATION FOR THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1, "'RESIDENTIAL MULTIFAMILY,
LOW INTENSITY", TO THE PROPOSED DESIGNATION OF TC-3, "NORTH BEACH TOWN CENTER RESfDENTIAL!OFFICE"; PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE This Ordinance is being heard pursuant td Section 118-163 of the City's
Land Development Code, Section 2.05 of the City Charter and Section 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550.
10:55a.m.
LAND DEVELOPMENT REGULATIONS REZONING-6881 Indian Creek Drive
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP.
REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR
THE PARCEL 6881 INDIAN CREEK DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1, ''RESIDENTIAL MULTIFAMILY, LOW INTENSITY", TO THE
PROPOSED ZONING CLASSIFICATION OFTC-3, "NORTH BEACH TOWN CENTER RESIDENTIAl/OFFICE''; AND PROVIDING FOR CODIFICATION; REPEALER;
SEVERABJUTY; AND AN. EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-164 of the C'ty's Land Development Code, Section 2.05 of the
City Charter and Section 166.041 F.S. Inquiries may be directed to the Planning Department at 305.673.7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission. c/o
the C1ty Clerk, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This item is available for public inspection during normal business hours
in the Office of the City Clerk, 1700 Convention Center Drive. 1" Floor, City Hall, Miami Beach. Flori-da 33139. This meeting, or any item herein. may be continued, and
under such circumstances, ad-ditional legal notice need not be provided. '
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect
to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, wh,ich record includes the testimony
and evidence upon which the appeal is to tre based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. '
To re-quest this material in alternate format, sign language interpreter (five-day notice required), information on access for persons with disabilities, and/or any
accommodation to review any document or participate in any City-sponsored proceedings, call 305.604.2489 and select 1 for English or 2 for Spanish. then option 6;
TTY users may call via 7ii (Florida Relay Service).
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480
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Rafael E. Granado. City Clerk
age o City of Miami Beach
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