R5D-226 87th Terr -Parking Category Comp Plan-Rezoning -Weithorn-COMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider Ordinance Amendments to the Future t-anO Use tvtap 1ft-Ufrl; of tne
City of Miami Beach Comprehenslve Plan and Chanqes to the Zonino Districts Mao.
lntended Outcome
Board Recommendation:
Financial
AGEI{DA ITEi' N- D
lncreasesatisfactionwithneighborhoodcharacter.lncreasesatisfaction@
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth by the City to t is "about the riqht amount."
Item Summqry/Recommendation :
FIRST READING. PUBLIC HEARING
The proposed Ordinance amendments would:1. Amend Policy 1.2 of the Future Land Use Element of the Comprehensive Plan of the City of
Miami Beach by modifying the Parking (P) Future Land Use Category to attow for residentiat
uses when abutting a land use category that permits such uses.
2. Change the Zoning District Classification for a parcel of land located a|226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
lntensity" District;
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) transmit the proposed Comprehensive plan
Amendment to review agencies pursuant to 163.3184(2), F.S. and set the Adoption public Hearing for
February 11,2015: and 3) approve the Zoning Map Amendment Ordinance on first reading and Jet a
Second Reading Public Hearinq for Februarv 11.2015.
onAugust26,2014thePlanningBoardrecommendedapprovalottrresuory
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long{erm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impacf on the City's
budget.
Clerk's Office
T:\AGENDA\2014\DecembeM26 87th Terrace Comp plan Amnd and Zoning 1st Reading SUM OC.docx
Thomas Mooney
MIAMIBEACH D^rE lL'11-lv333
MIAMI BEACH
City of frliomi Beoch, I 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of City
FROM: Jimmy L. Morales, City Manager
DATE: December 17,2014
SUBJECT: 226 87th Terrace
Parking Category - Gomprehe
226 87th Terrace Zoning Map C
Plan Amendment
hange
Parking (P) Category - Gomprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 of the Future
Land Use Element of the Comprehensive Plan of the City of Miami Beach
pursuant to the procedures in section 163.3184(3), Florida Statutes, by modifying
the Parking (P) Future Land Use Category to allow for residential uses when
abutting a land use category that permits such uses.
226 87th Terrace - Zoning Map Ghange. The applicant, the City of Miami
Beach, is requesting an amendment to the Official Zoning District Map,
referenced in Section 142-72 of the Code of the City Of Miami Beach, Florida,
pursuant to Section 118-162, "Petitions for Changes and Amendments," by
changing the Zoning District Classification for a parcel of land located at 226 87th
Terrace, and which is comprised of less than 10 acres, from the current GU,
"Government Use District", to RM-2, "Residential, Multifamily Medium lntensity"
District.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
transmit the proposed Comprehensive Plan Amendment to review agencies pursuant to
163.3184(2), F.S. and set the Adoption Public Hearing for February 11,2015, and 3)
approve the Zoning Map Amendment Ordinance on first reading and set a Second
Reading Public Hearing for February 11,2015.
BACKGROUND
On June 11,2014, at the request of Commissioner Deede Weithorn, the City
Commission referred a discussion item to the Land Use and Development Committee
(ltem C4J), regarding the rezoning of City-Owned land. Additionally the matter was
referred to the Planning Board.
READING PUBLIC HEARING
334
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
December 17, 2014 Page 2 of 9
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed rezoning.
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. A re-zoning of the City owned
'GU' property is necessary in order to provide a consistent zoning designation for the
combined, larger site. Additionally, a Comprehensive Plan Amendment to allow for
residential uses in the 'Parking (P)' future land use category when it abuts a land use
category that allows residential uses is required to maintain consistency between the
Land Development Regulations and the Comprehensive Plan as required by Section
163.3201, Florida Statutes.
ANALYSIS
The Proposa!
The subject property at 226 87th Terrace is currently zoned "GU Government Use
District" and is owned by the City. The subject site, which is sandwiched between Collins
and Harding Avenue on the northern boundary of the City, contains an open lot on the
west and a public parking lot on the east side. To the immediate south of the subject GU
site is a parking lot (zoned RM-2) owned by 8701 Collins Development, LLC, which is
also the owner of the "Biltmore Terrace" and adjacent parking lot to the east at 8701
Collins Avenue.
A proposal has been put forward, in combination with the privately held parcel to the
immediate south, for a new main use parking structure. The following is requested as
part of the subject applications:
1. A Comprehensive Plan Amendment to allow for residential uses in the Parking
(P) Category future land use designation, to allow that designation to be
compatible with the surrounding residential categories.
2. A re-zoning of the City owned 'GU' property to 'RM-2', which is necessary in
order to provide a consistent zoning designation for the combined, larger site.
A separate code amendment is pending before the Planning Board that proposes to: (i)
establish regulations for main use garages and sign criteria for ground floor commercial
uses in parking garages located in the RM-2 district adjacent to North Shore Open
Space Park; and (ii) establish a process in which the City may erect City ldentification
Signs near the City's main entry points.
The proposed main use garage would include a mix of at least 100 public parking
spaces, private parking spaces, ground floor commercial uses, and residential uses. The
proposed building would also incorporate entrance signage for the City. The goal of the
development is to provide a signature building at the entrance to the City that will
facilitate pedestrian activity in the area, encourage the public's use of the beach and the
North Shore Open Space Park, while enhancing the supply of public parking in the area.
Regardless of the subject ordinance, any development proposed for the site will be
subject to design review and site plan approval.
335
Commission Memorandum
226 |lh Terrace - Parking Category Comprehensive Ptan Amendment & Zoning Map Change
December 17, 2014 Pase 3 of 9
Planning and Zoning lssues
The "Parking (P)" future land use category provides for the following:
Purpose: to provide development oppoftunities for existing and new parking
facilities.
Uses which may be permitted; Parking facilities and commercial uses when
located on frontage opposite a land use category that permits commercial use.
The proposed development complies with this purpose, as it will be a main use garage.
However, residential uses are presently not permitted in this category. This can result in
garages that are incompatible with surrounding communities, especially if a garage is
located in an area that is primarily residential. Therefore an amendment is required in
order to ensure that main use garages that are compatible with the surrounding
residential districts. lt should be noted that for other sites with a future land use
designation of Parking (P), a zoning change or amendment will be required if they are
designated GU in order to have residential uses.
The GU zoning only allows government buildings and uses, including but not limited to
parking lots and garages; parks and associated parking; schools; performing arts and
culturalfacilities; monuments and memorials. Residential uses within a main use garage
would not be permitted by the present Comprehensive Plan and zoning regulations, and
requires an amendment to the permitted uses in the future land use category and a
change to the zoning designation that would allow the desired residential use as a main
permitted use.
It is proposed that the Parking (P) future land use category be amended to allow for
residential uses subject to the density of the lowest abutting residential land use
category. lt is also proposed that the subject property be rezoned from "GU Government
Use District" to the 'RM-2 Residential, Medium lntensity" district, as that would allow
both the residential use and parking garages. The proposed changes are compatible
with the properties abutting the site along Collins Avenue and Harding Avenue which are
zoned for multifamily residential uses.
Gity Charter lssues
The request for changing the Zoning Map of the City is affected by the following City
Charter provision: Sections 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 rt exisfs on the date of adoption of this Chafter
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.
ln review of the floor area ratio (F.A.R.) limitation on the subject parcels, which are
currently zoned GU (Government Use), the following applies:
Sec. 142-425 (a). Development regulations.
336
Commission Memorandum
226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
December 17. 2014 Page 4 of 9
The development regulations (setbacks, floor area ratio, signs, parking, etc.) in
the GU governmenf use district shall be the average of the requirements
contained in the surrounding zoning disfricfs as determined by the planning and
zoning director, which shall be approved by the city commission.
The abutting zoning of the subject parcel, which is used to calculate the F.A.R. of the
parcel, is RM-2, which allows a maximum F.A.R. of 2.0. As the proposed zoning change
to RM-2 does not increase the established F.A.R. for the subject parcels, the requested
amendment complies with the requirements of the referenced Charter provision, subject
to City Commission approval. ln addition, the proposal is for a main use garage, which
is not subject to the F.A.R. limits of the underlying zoning district pursuant to Section
130-68 (6) of the Land Development Regulations.
Gomprehensive Plan lssues
This application includes a text amendment to Policy 1 .2 of the Future Land Use element
of the Compressive Plan. Under Section 163.31 84(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
lnterlocalAgreement 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. The Parking (P) future land use category as
proposed will allow a density limited by the lowest abutting residential district, which in
this case will be that of RM-1 or 60 units per acre. The lot area of this parcel is 0.35
acres. Based upon this data, the maximum number of units that could be developed for
this area is 21 units. The 0.35 acre lot to the south (7925 Collins Avenue) with an
underlying RM-2 future land use designation allows for a maximum density of 100 units
per acre, or a total of 35 units. At this time, it is expected that the proposal for the
combined site will contain approximately 24 units, which is less than the maximum
number of units allowed on the existing RM-2 site.
Final site plan approval is contingent upon meeting Public School Concurrency
requirements and the applicant will be required to obtain a valid School Concurrency
Determination Certificate (Certificate) issued by the Miami-Dade County Public Schools.
Such Certificate will state the number of seats reserved at each school level. ln the
event sufficient seats are not available, a proportionate share mitigation plan shall be
incorporated into a tri-party development agreement and duly executed prior to the
issuance of a Building Permit.
PLANNING BOARD REVIEW
On August 26,2014, the Planning Board (by a 6-0) transmitted the proposals to the City
Commission with a favorable recommendation
337
Commission Memorandum
226 |fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
December 17, 2014 Page 5 of 9
FISCAL IMPACT
ln 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 City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
SUMMARY
The proposed amendment to Policy 1.2 of the Future Land Use Element of the City's
Comprehensive Plan and the change to the Zoning Map will allow for a main use parking
garage with residential and commercial components, which would add value to the site
as well as be a visual and aesthetic improvement to the neighborhood. These
amendments must be processed together, as they are interrelated to one another,
however, separate motions must be made for each application
On November 19,2014, the City Commission opened and continued the subject
Ordinances to a date certain of December 17,2014.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Transmit the proposed Comprehensive Plan Amendment to review agencies
pursuant to 163.3184(2), F.S. and set the adoption public hearing for February
11,2015.
3. Approve the Zoning Map Amendment Ordinance on first reading and set a
Second Reading Public Hearing for February 11,2015.
JLM/JMJ/TRM/RAM
T:\AGENDA\2014\DecembeM26 87th Terrace Comp Plan Amnd and Zoning Change - 1st Reading MEM.docx
338
Commission Memorandum
226 |fh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
December 17, 2014 Page 6 of 9
Aerial
Location:
226 87th Terrace
339
Commission Memorandum
226 8/h Terrace - Parking category comprehensive Plan Amendment & Zoning Map change
December 17. 2014 Page 7 of 9
Future Land Use
f-S.it.r-f-s-i
CitY Limits
Location:
226871h Terrace
340
Commission Memorandum
226 |fh Terrace - Parking category comprehensive plan Amendment & Zoning Map change
December 17, 2014
Zoning (Existing)
T o w n Lo-f-S.u. r-f.s-i-d e
CitY Limits
0
I
75 150 300 Feet
trrlrl
Location:
226 87th Terrace
341
Commission Memorandum
226 |y'h Terrace - Parking category comprehensive Plan Amendment & Zoning Map change
Decgmber 17, 2014 pase 9 ot 9
Zoning (Proposed)
f-S.it.r-f-s-i.
CitY Limits
0
I
75 150 300 Feet
rrrlrl
Location:
226 87th Terrace
342
COMPREHENSIVE PLAN - PARKING CATEGORY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES rN SECTTON 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE PARKING (P) FUTURE
LAND USE CATEGORY TO ALLOW FOR RESIDENTIAL USES WHEN
ABUTTING A LAND USE CATEGORY THAT PERMITS SUGH
USES; PROVIDING FOR INGLUSION lN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, the City of Miami Beach seeks to ensure that main use parking
garages are compatible with surrounding neighborhoods and uses; and
WHEREAS, amending the Future Land Use category of the subject 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 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;
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
GOMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive Plan Future Land Use Element:
Parking (P)
Purpose: to provide development opportunities for existing and new parking facllities.
Uses which may be permitted; Parking facilities, residential and commercial uses when
located on frontage opposite a land use category that permits residential or commercial
uses.
Densitv Limits for anv residential use shall be equivalent to the least intense densitv limit
of the abuttinq residential future land use district.
343
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 3. SEVERABILITY.
lf 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 this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may
be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Office.
SECTION 5. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE.
This ordinance shall take effect 31 days after adoption pursuant to Section
163.3184(3) F.S.
PASSED and ADOPTED this day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading/Transmittal: December 17 2014
Second Reading/Adpption: Februpry 1 1,5
Verified By:
Thomas R.
Planning Director
Underline = new language
S**e$reugh = deleted language
2015.
T:\AGENDAVO14\NovembeM26 87th Terrace Comp Plan Amnd - 1st Reading ORD OC.docx
344
REZONING _226 87TH TERRACE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
GITY 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 PARGEL
LOCATED AT 226 87TH TERRACE, FROM THE CURRENT ZONING
CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO THE
PROPOSED ZONING CLASSIFICATION OF RM-2, "MULTIFAMILY
RESIDENTIAL, MEDIUM INTENSITY"; PROVIDING FOR
CODIFIGATION; REPEALER; SEVERABILIW; AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development in the North Beach area; and
WHEREAS, changing the zoning classification of the subject 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 zoning
classification of the subject 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;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. MAP AMENDMENT. The following amendments to the City's zoning map
designations for the properties 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 qenerallv located at 226 87th Terrace, of approximatelv
15,313 square feet (0.35 acres), as depicted in Exhibit "A." from the
current GU "Government Use District," to the proposed zoninq
classification RM-2, "Residential Multifamilv, Medium lntensitv".
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
345
SECTION 3. SEVERABILITY.
lf any section, subsection, clause or provision of thls Ordinance is held invalid,
the remainder shall not be atfected 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 day of
ATTEST:
Philip Levine, Mayor
Rafael E. Granado, City Clerk
First Reading: December 17,2014
Second Reading: February 11A2015
Verified By:
T:\AGENDA\2014\NovembeM26 87th Terrace Rezone - 1st Reading ORD OC.docx
2015.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUIION
i'U/
Do;.
Thomas R. Mooney,
Planning Director
346
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