R5G-226 87th Terr -Parking Category Comp Plan-Rezoning -Weithorn-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the
of Miami Beach Comprehensive Plan and Chanqes to the Zoninq Districts
Glerk's Office islative
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AGENDA rrEi, RS 6-
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Suppo(ing Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the City to is "about the riqht amount."
Item Summary/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 allow for residential
uses when abutting a land use category that permits such uses.
2. Change the Zoning District Classification for a parcel of land located at226 87th Terrace from
the current GU, "Government Use District", to RM-2, "Residential, Multifamily Medium
lntensity" District;
The Administration recommends that the City Commission open and continue the item to date certain
of Aoril 15.2015.
On August 26, 2014 the Planning Board recommended approval of the subject Ordinances by a vote
of 6 to 0 (Planning Board File Nos. 2200 &2203).
Financial lnformation:
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-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 will be no measurable impact on the City's
budoet.
Thomas Mooney
MIAMIBEACH oerc 2'll- l{481
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33 I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of he City Com
FROM: Jimmy L. Morales, City Manager
DATE: February 11,2015
SUBJECT: 226 87th Terrace
FIRST READING PUBLIC HEARING
Parking Category - Comprehensive Plan Amendment
226 87rh Terrace Zoning Map Change
Parking (P) Gategory - Gomprehensive Plan Amendment. The applicant, the
City of Miami Beach, is requesting an amendment to Policy 1.2 oI 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 at226 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 RECOMMENDATION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
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.
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
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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.
On November 19, 2014, the City Commission opened and continued the item on First
Reading to a date certain of December 17,2014. On December 17,2014, the item was
continued to a date certain of February 11, 2015.
ANALYS!S
The Proposal
The subject property al 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.
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226 8lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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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.
City 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 ff exisfs on the date of adoption of this Charter
Amendment (November 7, 2001), including any limitations on floor area ratios
which are in effect by viftue of development agreements through the full term of
such agreements, unless such increase ln zone floor area ratio for any such
propefty 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.
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226 ?lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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The development regulations (setbacks, floor area ratio, sbns, parking, etc.) in
the GU governmenf use district shall be the average of the requirements
contained in the surrounding zoning dr'sfrlcfs 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. o12.0. 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 163.3184(2), F.S., this amendment shallfollow
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.
lnterlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. 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. !n 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
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226 7lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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FISCAL IMPAGT
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.
CONCLUSION
The Administration recommends that the City Commission open and continue the item to
a date certain of April 15,2015.
JLM/JMJ/TRI,URAM
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Aerial
Location:
22687th Terrace
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226 8/h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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Future Land Use
300 Feet Location:
22647l}l. Terrace
f-S.u.r-f-s
CitY Limits
488
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226 ?y'h Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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Zontng (Existing)
T o w n lo-f-S.u.r-f-s-i'il e
CitY Limits
75 150 Location:
226871h Terrace
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226 |lh Terrace - Parking Category Comprehensive Plan Amendment & Zoning Map Change
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Zoning (Proposed)
Location:
226A7fi Terrace
f-5.il.r-f-s-
CitY Limits
490
COMPREHENSIVE PLAN - PARKING CATEGORY
ORDINANCE NO.
AN ORDINANGE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY ,l.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES tN 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 GATEGORY THAT PERMITS SUCH
USES; PROVIDING FOR INCLUSION lN THE COMPREHENSIVE
PLAN; TRANSMITTAL; REPEALER; SEVERABIL!TY; 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
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Parking (P) category in Policy 1.2 of the
City's Comprehensive PIan Future Land Use Element:
Parking (P)
Purpose. to provide development opportunities for existing and new parking facilities.
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.
491
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION3. 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.
SEGTION 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: March 11, 2015
Second Reading/Adoption: April 1 5, 2015
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+rike$reugh = deleted language
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2015.
492
REZONING _226 87TH TERRACE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION 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 BEAGH, FLORIDA, BY CHANGING
THE ZONING DISTRICT CLASSIFIGATION FOR THE PARCEL
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 INTENSIW"; PROVIDING FOR
CODIFICATION; 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, 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 IT 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 generally located at 226 87th Terrace, of approximately
15,313 square feet (0.35 acres), as depicted in Exhibit uA,'from the
current GU "Government Use District," to the proposed zoning
classification RM-2, "Residential Multifamily, Medium lntensity".
SECTION 2. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
493
SECTION3. SEVERABIL!TY.
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 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: March 11,2015
Second Reading: April 15,2015
Verified By
Thomas R. Mooney, AICP
Planning Director
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2015.
494
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l{lAl,{ HERAI"D I MiamiH€nld.com rE TI]URSDAY.JANUARY2g,20E I st{E
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CITY OF MIAMI BEACH CITY COMMISSION
NOTICE OF PUBLIG HEARINGS
NOTICE OF AMENDMENTTO THE FUTUBE
LAND U$E MAP (FLUM} OFTHE
CIW OF MIAMI BEACH COMPHEHENSIVE PLAN
AND ZONING MAP CHANGES
NOTICE lS HEREEY given that publlc hearings wlll be heard by the Mayor and City
Comrnission of the City of Miami Beach, Florida, in the Commission Chambers.3rd Floor,
CityHall, lTOOConvention CenterDrive, Miami Beactr, FIorida, onWednesday, February tl,
2Ol5 at 5:02 p,m., or as soon thereafter as the matter can be heard, to consider:
226 87thl€rrace - Parking (P) Category Comprehensive Plen Amendment
An OrdinanceArnending Policy 1.2 OfThe Fqture Land Use ElementOfTh€ Comprehensive
Plen PursuantToThe Procedures ln Section 163.3184(3), Florida Statutes, By Modifying
The Parking {F) Future Land Use CategoryToAliow For Residential UsesWhenAbuttingA
Land Use CategoryThat Permits Such Uses; Providing For Inclusion lnThe Comprehensive
Plan;Transmittal; Repealer; Severability; And An Effectjve Date.
226 STthTerrace - Zoning Map Changes
An OrdinanceAmendingThe Official Zoning Distrkt Map, Referenced ln Section 142-72
Of The Code Of The City Of Miami Beach, Florida, By ChangingThe Zoning District
Classification For The Parcel Locsted At 226 87fi Terrace, From The Current Zoning
Classification Of GU. 'Government Use District;ToThe Proposed Zoning Classification Of
RM-2, "Multifamily Sesidential, Medium lntens'ity;" Providing For Codification; Repealer;
Severabi lity; And An Effectlve DAe.
lnquiries may be directed to the Planning Depaftment at 3A5.673.755A.
INTERESTED PARTIES are invhed to sppear at this me€ting, or be represented by an
agent, or to express their views in writing addressed to the City Commisslon, cJo the
Clty Clerk, 1700 Convention Center Drive. 1"'Floor. City Hall, Miami Besch, Florida 33139.
These items are av6ilable for public inspeaion during normal business hours in the City
Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida
33139. These items may be continued, and under such circumstances, additlonal legal
notice fleed not be provided.
Pursuant to Section 286.0105, Fl€. Stat.. the City hereby advises the public thet if a person
decides to appeal any decision made by the C'rty Commisslon with respect to any mstter
considered at its meeting or its hearing, such person must ensure that a verbatim record
of the proceedings is made, which recorrd includes the testirnony end evldence upon
which the sppesl is to b* based.This notice does not constltute consent by the City for
the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does
it outhorize challenges or appesls not otherlyise ollowed by law,
To requestthese material in alternate forrnat, sign language interpreter (five-day notice
required), information on accessfor personswith disabilities, and/or any accommodationto review any document or particip€te 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 711 (Florida Relay Service).
Rafael E. Granado. City Clerk
City of Miami tseech
496