2017-4128 OrdinanceCOLLINS AVENUE GU LOTS — CONCURRENCY EXEMPTION
AND DEVELOPMENT WAIVER LDR AMENDMENT
ORDINANCE NO. 2017 -4128
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 122, ENTITLED "CONCURRENCY MANAGEMENT,"
SECTION 122 -5, ENTITLED "EXEMPTIONS FROM CONCURRENCY," TO
ALLOW THE CITY COMMISSION TO WAIVE CONCURRENCY
REQUIREMENTS FOR USES, BY RESOLUTION, ON LOTS WITH A GU
ZONING DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH
STREET AND 87TH STREET; BY AMENDING CHAPTER 142, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED
"DISTRICT REGULATIONS," DIVISION 9, ENTITLED "GU GOVERNMENT
USE DISTRICT," IN ORDER TO ALLOW THE CITY COMMISSION TO WAIVE
DEVELOPMENT REGULATIONS FOR PRIVATE USES APPROVED BY THE
CITY COMMISSION FOR A PERIOD OF 10 YEARS, OR LESS, ON GU LOTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to activate the city -owned "West Lots"
generally located west of Collins Avenue between 79th Street and 87th Street; and
WHEREAS, the City of Miami Beach seeks to allow private commercial uses for periods
of 10 years, or less, on a block of the West Lots in order to encourage economic development in
North Beach; and
WHEREAS, in order to encourage commercial uses that will exist for periods of less
than 10 years, waivers from the development regulations will be necessary; and
WHEREAS, exemptions from concurrency requirements will encourage the development
of commercial uses that will exist for periods of less than 10 years; and
WHEREAS, the amendments set forth below are 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. That Chapter 122, entitled "Concurrency Management," Section 122 -5, entitled
"Exemptions from concurrency," of the Land Development Regulations of the Code of the City of
Miami Beach, Florida is hereby amended as follows:
CHAPTER 122
CONCURRENCY MANAGEMENT
Sec. 122 -5. - Exemptions from concurrency.
Page 1
The following types of development are not required to obtain a preliminary concurrency
determination or a final concurrency reservation certificate:
(10) Uses at the North Shore Bandshell, the Ronald W. Shane Watersports Center,
and the Miami Beach Botanical Garden, as determined by the city
commission by resolution.
(11) Uses located on lots with a GU zoning designation fronting Collins Avenue
between 79th Street and 87th Street, as determined by the city commission,
by resolution.
SECTION 2. That Chapter 142, entitled "Zoning Districts and Regulations," Article 11, entitled
"District Regulations," Division 9, entitled "GU Government Use District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II
DISTRICT REGULATIONS
DIVISION 9 - GU GOVERNMENT USE DISTRICT
Sec. 142 -425. - Development regulations.
(a) The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU
government use district shall be the average of the requirements contained in the
surrounding zoning districts as determined by the planning and zoning director, which shall
be approved by the city commission.
(b) Upon the sale of GU property, the zoning district classification shall be determined, after
public hearing with notice pursuant to Florida Statutes, by the city commission in a manner
consistent with the comprehensive plan. Upon the expiration of a lease to the city or other
government agency, the district shall revert to the zoning district and its regulations in
effect at the initiation of the lease.
(c) Setback regulations for parking lots and garages when they are the main permitted use are
listed in subsection 142- 1132(n).
Following a public hearing, the development regulations required by these land development
regulations, except for the historic preservation and design review processes, may be
waived by a five - sevenths vote of the city commission for developments pertaining to
governmental owned or leased buildings, uses and sites which are wholly used by, open
and accessible to the general public, or used by not- for - profit, educational, or cultural
organizations, or for convention center hotels, or convention center hotel accessory
garages, or city utilized parking Tots, provided they are continually used for such purposes.
Notwithstanding the above, no GU property may be used in a manner inconsistent with the
Page 2
comprehensive plan. In all cases involving the use of GU property by the private sector, or
joint government /private use, development shall conform to all development regulations in
addition to all applicable sections contained in these land development regulations and shall
be reviewed by the planning board prior to approval by the city commission. All such private
or joint government /private uses are allowed to apply for any permittee variances Private or
joint government /private uses and shall not be eligible to waive any regulations as described
in this paragraph. , except for However, not - for - profit, educational, or cultural organizations
as set forth herein, or •rivate uses on the GU lots frontin• Collins Avenue between 79th and
87th Streets approved by the City Commission for a period of 10 years or less, shall be
eligible for a City Commission waiver of development regulations as described in this
paragraph, except for the historic preservation and design review processes.
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. CODIFICATION
It is the intention of the City Commission, and it is hereby ordained, that the provisions of this
Ordinance shall become and be made part of the Code of the City of Miami Beach, as
amended; that the sections of this Ordinance may be re- numbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this as day of e /P41 ` e{ 2017
Rafael E. Granado, City C erk
First Reading: July 26, 2017
Second Reading: September 25,
Verified By:
APPROVED AS TO.
FORM & LANGUf
& FOR EXECU
omas R. Mooney`AICP
Planning Director
T:\AGENDA\2017 \9 - September \Planning \Collins GU Lots LDR AMENDMENT - ORD FINAL.docx
Date
Page 3
MIAM
BEACH
Ordinances - R5 I
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13, 2017
10:40 a.m. Second Reading Public Hearing
SUBJECT: COLLINS AVENUE GU LOTS - CONCURRENCY EXEMPTION AND
DEVELOPMENT WAIVER LDR AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 122, ENTITLED "CONCURRENCY MANAGEMENT," SECTION 122 -5,
ENTITLED "EXEMPTIONS FROM CONCURRENCY" TO ALLOW THE CITY
COMMISSION TO WAIVE USES ON LOTS WITH A GU ZONING DESIGNATION
FRONTING COLLINS AVENUE BETWEEN 79TH STREET AND 87TH STREET
FROM CONCURRENCY REQUIREMENTS BY RESOLUTION; BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS ", ARTICLE
II, ENTITLED "DISTRICT REGULATIONS ", DIVISION 9, ENTITLED "GU
GOVERNMENT USE DISTRICT," IN ORDER TO ALLOW THE CITY COMMISSION
TO WAIVE DEVELOPMENT REGULATIONS FOR PRIVATE USES APPROVED BY
THE CITY COMMISSION FOR A PERIOD OF 10 YEARS OR LESS ON GU LOTS;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
BACKGROUND
On April 26, 2017, at the request of Commissioner Ricky Arriola, the City Commission referred the
subject discussion item to the Land Use and Development Committee and the Planning Board (Item
R9AG).
On May 10, 2017, the Land Use Committee discussed the item and Recommend in favor of the
proposal, with the removal of apartments from the proposed Comprehensive Plan amendment.
PLANNING ANALYSIS
The subject LDR amendments pertain to a proposal to create the 'North Beach Yard', which is a
community based, culinary incubator. The endeavor has been put forward by the operator of the
existing ` Wynwood Yard' in Miami, which is located in the Wynwood area and provides an open area
for food trucks, as well as other community based activities such as gardens, music, yoga and
performances. The site identified for this concept in North Beach is located on the west side of
Collins Avenue, between 81st and 82nd Street. All of the City owned lots on the west side of Collins
Page 962 of 2353
Avenue from 79th_87th Streets are zoned 'Government Use (GU)' and the future land use category is
'Residential, Low Intensity (RM -1)'.
The following is a summary of the pertinent City Code amendments that are proposed:
City Code Development Regulations (LDR Chapter 142):
The proposal for the North Beach Yard could conflict with certain provisions of the Land
Development Regulations of the City Code. In order to address any inconsistencies with the LDR's,
rather than pursuing a number of single section ordinance amendments and variances, the attached
text amendment to Sec. 142- 425(d) of the City Code has been drafted. This amendment would allow
for the City Commission to grant waivers for certain private uses located on GU properties.
Currently, GU waivers are limited to government facilities /uses, cultural organizations and not -for-
profits. The proposed amendment would allow for private uses approved by the City Commission for
a period of 10 years or less to be eligible for a City Commission waiver of development regulations,
except for the historic preservation and design review processes. This amendment would also
provide the City Commission with additional flexibility in the future.
Concurrency (LDR Chapter 122):
The proposal for the North Beach Yard would generate a concurrency requirement, which can only
be satisfied by paying an expensive mitigation fee. Under Chapter 122 of the City Code, only very
specific uses and areas of the City are eligible for concurrency waivers. The City Commission has
recently amended this Chapter of the LDR's to allow for concurrency waivers for sidewalk cafes in
North Beach, as well as waivers for the North Beach Bandshell and the Botanical Gardens.
In order to address the aforementioned inconsistencies with the concurrency requirements of the
code, the attached amendment to Chapter 122 has been drafted to give the City Commission the
ability to waive concurrency requirements on the GU Lots located on Collins Avenue from 79th Street
to 87th Street. Assuming this ordinance amendment is adopted, a subsequent Resolution formally
waiving concurrency requirements would still be required.
PLANNING BOARD REVIEW
On June 27, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City
Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on July 26, 2017, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Legislative Tracking
Planning
Sponsor
Vice -Mayor Ricky Arriola
Page 963 of 2353
ATTACHMENTS:
Description
o
Exhibit B - Map
Collins Ave GU Lots Concurrency Exempt, LDR Waiver
Ad
Page 964 of 2353
"Exhibit B"
Properties located between
Collins Avenue on the east, 87th Street on the north,
Collins Court on the west, and 79th Street on the south
Page 965 of 2353
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