R5A-1100 15th Street - FLUM Change And Zoning Map Change -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Future Land Use Map (FLUM) and Zoning Map amendments from RM-1 to
CD-1 forthe block located along the southern boundary of 1Sth Street between LenoxAve and Lenox
Court.
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AoENn* rreru 85A
Increase satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to requlate development is "about the riqht amount."
ltem Summary/Recommendation :
FIRST READING PUBLIC HEARING
The proposed Ordinances would amend the designation on the Future Land Use Map (FLUM) of the
Comprehensive Plan and of the Zoning Atlas of the Land Development Regulations for the properties
located along the southern boundary of 15th Street between Lenox Ave and Lenox Court. The
proposed Ordinances would amend the designations from RM-1 (Low Density Multifamily Residential)
to CD-1 (Low lntensity Commercial).
On December 10, 2014, the Land Use and Development Committee recommended in favor of the
proposal.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) approve the proposed Future Land Use
Map amendment at First Reading and set the Adoption Public Hearing for May 6, 2015; and 3)
approve the Zoning Map amendment at First Reading and set a Second Reading Public Hearing for
2015.
On February 24, 2015, the Planning Board, via separate motions (vote of 6-0), transmitted the
attached proposals to the City Commission with a favorable recommendation. (Planning Board File
Nos. 2237 &2238\.
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 longterm 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 impact on the City's
budqet.
Clerk's Office
Thomas Mooney
MIAAAIBEACH DATE q-ls:/7283
MIAMIBEACH
City of Miomi Beoch, '1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE
CATEGORY PURSUANT TO SECTION 118.166 OF THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, SECTION 163.3181, FLORIDA
STATUTES, AND SECTION 163.3187, FLORIDA STATUTES, BY
CHANGING THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF
LAND LOCATED AT 11OO 15TH STREET, AND WHICH tS COMPRISED OF
LESS THAN {O AGRES, FROM THE CURRENT "LOW DENSITY
MULTIFAM|LY RESTDENTTAL CATEGORY (RM-1)," TO THE FUTURE LAND
usE GATEGORY OF ,,LOW tNTENStry COMMERGTAL CATEGORY (cD-
1l;" PROVIDING FOR INCLUSION lN THE GOMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE G!ry
OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, REFERENCED IN SECTION 142.72 OF THE CODE OF THE
CIry 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 LOGATED
AT 11OO {sTH STREET, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT RM.I, "RESIDENTIAL MULTIFAMILY LOW
INTENSITY DISTRICT," TO CD-l, ,,COMMERCIAL, LOW INTENSITY
DISTRICT;" PROVIDING FOR CODIFICATION, REPEALER, SEVERABTL!ry
AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION :
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
approve the proposed Future Land Use Map amendment at First Reading and set the
Adoption Public Hearing for May 6,2015; and 3) approve the Zoning Map amendment at
First Reading and set a Second Reading Public Hearing for May 6,2015.
Mayor Philip Levine and Members of
Jimmy L. Morales, City Manager
April 15,2015
1100 15th Street - Future Land
Map Amendment
READING - PUBLIC HEARING
Map (FLUM) Amendment and Zoning
284
Commission Memorandum
1 100 1 5th Streef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
Apfl 15,2015 Page 2 ol I
BAGKGROUND
On October 29, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred an item to the Planning Board and the Land Use and Development
Committee (ltem C4A), regarding the zoning classification of the south side of 15th Street
between Lenox Court and Lenox Avenue.
On December 10, 2014, the Land Use and Development Committee recommend that
the item be approved and referred to the Planning Board for consideration.
ANALYSIS
Currently, the south side of the 1 100 block of 1sth Street (that portion between Lenox
Avenue and Lenox Court) has a Zoning and Future Land Use Classification of RM-1
(Residential Multi-Family, Low lntensity). See attached map. Notwithstanding this land
use classification, the existing property contains legal non-conforming commercial uses.
The owner of the property has proposed that the site be re-zoned to CD-1 (Commercial,
Low lntensity), which is the same zoning and future land use classification of the
properties to the immediate north (across 15th Street) and west. The properties to the
immediate south and east are zoned RM-1, and would continue to provide a buffer from
single family zoned properties to the south of 1Sth Street along Lenox Avenue.
The CD-1 classification is a low intensity district that allows retail sales, personal
services, and shopping, designed to provide service to surrounding residential
neighborhoods. The existing uses within the subject property are consistent with this
purpose.
Planning and Zoning lssues
The RM-1 Future Land Use and Zoning designation generally only allows for residential
uses. The site currently contains a 'Contributing' commercial building in the Flamingo
Park Historic District. The building contains several retail and restaurant uses. The
current commercial uses on the site are not permissible uses pursuant to the
Comprehensive Plan and zoning regulations. The uses are legal non-conforming, since
they were in existence prior to the adoption of the Comprehensive Plan and Zoning
regulations. The proposed changes are necessary to make the existing uses
conforming.
Gity Gharter lssues
The request for changing the Zoning Map of the City, as well as the Future Land Use
Map of the City's Comprehensive Plan is affected by the following City Charter provision:
Sections 1.03 (c), which partially states:
The floor area ratio of any propefty 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 exrsfs 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
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
285
Commission Memorandum
1100 1sth Sfreef - Future Land use Map (FLUM) Amendment and zoning Map Amendment
April15,2015 Page 3 of I
ln review of the floor area ratio limitation on the subject parcels, which are currently
zoned RM-1 (Residential Multifamily Low lntensity District), the following applies:
Sec. 142-155. - Development regulations and area requirements.
(a) The development regulations in the RM-l residential multifamily, tow density
district are as follows:
(1) Max. FAR:1.25
ln review of the proposed floor area ratio limitations on the subject parcels, with the
proposed CD-1, Commercial, Low lntensity District designation, the following would
apply:
Sec. 142-276. - Development regulations.
The development regulations in the CD-l commercial, low intensity district are
as follows:
Marximum Floor Area Ratio
1.0
Sec. 142-277. - Setback requirements.
d) Mixed use buildings: Calculation of setbacks and floor area ratio:
(2) Floor area ratio. When more than 25 percent of the total area of a
building is used for residential or hotel units, the floor area ratio range
shall be as sef forth in the RM-1 district.
The maximum FAR for buildings in the CD-1 district is 1.0, unless the building is mixed-
use, in which case, the FAR is guided by the maximum permissible FAR in the RM-1
district, which is the current designation of the site. Therefore, there is no change in the
maximum F.A.R. by the proposed zoning map change.
As the proposed zoning change to CD-1 does not increase the established F.A.R. for the
subject parcels, the requested amendment complies with the requirements of the
referenced Charter provision.
Comprehensive Plan lssues
The total land area involved in this application is 8,250 SF (0.189 acres). Under Section
163.3187 F.S., land use map amendments of less than 10 acres in size may be
considered "small-scale" amendments, which require only one public hearing before the
City Commission, which shall be an adoption hearing. Upon adoption, the local
government shall send a copy of the adopted small scale amendment to the State Land
Planning Agency so that the Agency can maintain a complete and upto-date copy of the
City's Comprehensive Plan. The amendment is effective 31 days after it is adopted if
there are no appeals.
286
Commission Memorandum
1 100 1sth Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 1 5. 2015 page 4 ol 8
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 RM-1 future land use category allows a
density of 60 units per acre. The proposed CD-1 designation allows for the same
maximum residential density. Therefore a preliminary school concurrency review is not
necessary.
Currently there is no proposal for redevelopment on the site. lf there were a modification
that established residential units, 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 February 24, 2015, the Planning Board by a vote of 6-0, transmitted the attached
proposals to the City Commission with a favorable recommendation.
FISGAL 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 uses will become conforming.
SUMMARY
The proposed amendment to the Future Land Use Map of the City's Comprehensive
Plan and the change to the Zoning Map will allow for the existing legally non-conforming
uses on the site to become conforming.
These amendments must be processed together, as they are interrelated to one
another; however, separate motions must be made for each application. The zoning
change proposed by these applications would enable the continued adaptive reuse of
the existing building.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the proposed Future Land Use Map amendment at First Reading and
287
Commission Memorandum
1 100 1 5th Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
Apfl 15,2015 page Sof I
set the Adoption Public Hearing for May 6,2015.
3. Approve the Zoning Map amendment at First Reading and set a Second Reading
Public Hearing for May 6, 2015.
rLMtmRMlRAM
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288
Commission Memorandum
1100 1sth Sfreet - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 15, 2015 Page 6 ot I
Cig d Miami Beach Planning Board
File Nos.223l &2238
1100 1Sth street
t777,1 The gpplcant, BellSouth Telecommunications LLC, dft/a AT&T Florida, is requesting a
i//.t1t mqdili.rlion to a peviously issued Conditional Use Permit to rrcdify the layout and reduce
he size of the existing main use parking lot, F.rrsuant to Sedion 118 Article lV.
MIAMIBEACH
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Commission Memorandum
1 100 1 sth slreet - Future Land use Map (FLUM) Amendment and zoning Map Amendment
Apnl 15,2015 Paoe 7 ol I
Future l-and Use
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290
Commission Memorandum
1 100 1 5th Sfreef - Future Land Use Map (FLUM) Amendment and Zoning Map Amendment
April 15, 2015 Page I of I
Future Land Use
(Proposed)
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1100 llth Strcct
291
11OO lsTHSTREET - FLUM CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE COMPREHENSIVE PLAN PURSUANT TO
SECTION 1{8.166 OF THE CITY AND SEGTIONS 163.3181, AND
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FOR A PARGEL OF LAND LOCATED AT 11OO
15TH STREET, WHICH PARCEL IS COMPRTSED OF LESS THAN 10
ACRES, FROM THE CURRENT "LOW DENSIW MULTIFAMILY
RESTDENTTAL CATEGORY (RM-l)," TO THE FUTURE LAND USE
GATEGORY OF ,,LOW tNTENStTy COMMERCTAL CATEGORY (CD-
1);" PROVIDING FOR INCLUSION lN THE COMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the applicant, the City of Miami Beach, seeks to change the Future
Land Use Map category for the parcel located 1100 1sth Street, from the current "Low
Density Multifamily Residential Category' (RM-1), to the Future Land Use Category of
"Low lntensity Commercial Category" (CD-1); and
WHEREAS, amending the Future Land Use category relating to the subject
parcel as provided herein is necessary to ensure the use and development of the
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 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;
and
WHEREAS, the full legal description of the parcel is contained in Exhibit "A"
attached to this Ordinance, and a shortened description of the parcel will be codified in
the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the City's Future Land Use Map designations
for the property described herein is hereby approved and adopted and the Planning
Director is hereby directed to make the appropriate changes to the Future Land Use
Map of the City:
The parcel located at'1100 1Sth Street. approximatelv 8,250 square feet
(0.189 acres). deemed to be a small-scale amendment. from the current
"Low Densitv Multifamilv Residential Cateqorv" (RM-1). to the Future
Land Use Cateoorv of "Low lntensitv Commercial Cateqory" (CD-1). See
Exhibit A.
292
SECTION 2.REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECT!ON3. 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. INCLUSION IN COMPREHENSIVE PLAN
It is the intention of the City Commission, and it is hereby ordained that the
amendment provided for in Section I is made part of the Future Land Use Map 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. TRANSMITTAL
The Planning Director is hereby directed to submit this ordinance to the
appropriate state, regional and county agencies as may be required by applicable law.
SECTION 6. EFFECTIVE DATE
This ordinance shall take effect 31
163.3187 (2), Florida Statutes.
days after adoption pursuant to Section
PASSED and ADOPTED this day of
ATTEST:
Rafael E. Granado, City Clerk
First Reading: April 15,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\2O1 5\April\1 1 00 15th Street FLUM - 1st Reading ORD.docx
-2-
2015.
Philip Levine, Mayor
APPROVED AS TO
FORM & LANGUAGE
293
Exhibit A
1100 1sth Street
0
I
75 150 300 Feet
rrrlrrrl
294
11OO lsTHSTREET - ZONING MAP CHANGE
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO SECTION 118.162,,.PETITIONS FOR CHANGES AND AMENDMENTS,'' AMENDING THE
OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142.
72 OF THE GIry CODE BY CHANGING THE ZONING DISTRICT
CLASSIFICATION FOR A PARCEL OF LAND LOCATED AT 11OO
15TH STREET, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT RM.l, "RESIDENTIAL MULTIFAMILY
LOW INTENSITY DISTRIGT," TO CD-l, "COMMERCIAL, LOW
INTENSITY DISTRIGT;" PROVIDING FOR CODIFIGATION,
REPEALER, SEVERABILIry AND AN EFFECTIVE DATE.
WHEREAS, the applicant, the City of Miami Beach, seeks to amend the Official
Zoning District Map designation for a parcel located 11OO 1sth Street, from the current
RM-1, "Residential Multifamily Low lntensity District," to CD-1, "Commercial, Low
lntensity District;" and
WHEREAS, amending the zoning designation of the subject parcel as provided
herein is necessary to ensure that the development of the 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 rezoning of the subject
parcel will ensure that new redevelopment and renovation of existing structures are
compatible and in scale with the built environment, and is in the best interest of the City;
and
WHEREAS, the full legal description of the parcel being rezoned is contained in
Exhibit "A" attached to this Ordinance, and shortened descriptions of such properties will
be codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA:
SEGTION 1. 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:
The parcel located at 1100 15th Street. aporoximatelv 8.250 square feet
(0.189 acres). from the current RM-1. "Residential Multifamilv Low
lntensitv District." to CD-1, "Commercial. Low lntensitv District." See
attached Exhibit A.
SECTION 2. REPEALER
,,All Ordinances or parts of Ordinances in conflict herewith be and the same are
295
hereby repealed.
SECT!ON3. 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. COD!FICAT!ON
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.
EFFECTIVE DATE
This ordinance shall take effect 31 days after adoption to correspond to the
adoption date of the amendment to the Future Land Use Map of the City's
Comprehensive Plan.
PASSED and ADOPTED this day of ,2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
3$'15
Date
First Reading: April 1 5,2015
Second Reading: May 6, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
T:\AGENDA\20'I S\April\1 100 15th Street Zoning Change - 1st Reading ORD.docx
-2-
296
Exhibit A
1100 1sth Street
75 '1500
I
300 Feet
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