Loading...
R5H-226 87th Terrace -Parking Category Comp Plan-Rezoning -Weithorn-COMMISSION ]TEM SUMMARY Condensed Title: First Reading to consider Ordinance Amendments to the Future Land Use Map (FLUM) of the City of Miami Beach Comprehensive Plan and Chanqes to the Zoninq Districts Mao. T:\AGENDA\201 87th Terrace Comp Plan Amnd and Zoning Change - 1st SUM O&C.docx AGENDA rrErr 85 H lncrease satisfaction with neighborhood character. lncrease satisfaction with development and oroMh manaoement across the Citv. SupportingData(Surveys,EnvironmentalScan,etc48o/oofresidentialre@ businesses rate the effort put forth bv the Citv to reoulate Item Summary/Recommendation: FIRST READING. PUBLIC HEARING The proposed Ordinance amendments would:1. Amend Policy 1.2 of the Future Land Use Elementof 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 ofJune 10.2015 On August 26,2014 the Planning Board recommended approval of the subject Ordinancei nV a vote of 6 to 0 (Planning Board File Nos. 2200 &2203). Financial lnformation: Source of Funds: Amount Account I 2 3 OBP!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 long{erm economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. Thomas Mooney MIAMIBEACH DArE q-l\-(S351 MIAMIBEACH City of Miomi Beoch, 1700 Convention Cenier Drive, Miomi Beoch, Florido 33'l 39, www.miomibeochfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: April 15, 2015 SUBJECT: 226 87rh Terrace Plan Amendment Parking (P) Category - Comprehensive 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 Change. 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 BTth 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 June 10,2015. 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 Mayor Philip Levine and Members Jimmy L. Morales, City Manager the City READING PUBLIC HEARING Parking Category - Gomprehensirie I 226 87tn Terrace Zoning Map Ghange 352 Commission Memorandum 226 9/h Terrace - Parking category comprehensive plan Amendment & Zoning Map change April 15, 2015 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 11,201s. On February 11r,2ols, the item was continued to a date certain of April 15, 2015. ANALYSIS The Proposal 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 iequested 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 Ciiy tnat witt 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. 353 Commission Memorandum 226 8/h Terrace - Parking category comprehensive Plan Amendment & Zoning Map change April 15, 2015 Page 3 ot 9 Planning and Zoning lssues The "Parking (P)" future land use category provides for the following: Purpose: to provide development opportunities 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 Gharter 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 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 exlsfs 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 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: 354 Commission Memorandum 226 8/h Terrace - Parking category comprehensive plan Amendment & zoning Map change April 15, 2015 Sec. 142-425 (a). Development regulations. The development regulations (setbacks, floor area ratio, sryns, parking, etc.) in the GU governmenf use district shatt be the average of the reqiirements contained in the surrounding zoning dr.sfricfs as determined by the ptanning 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, wfricn is not subject to the F.A.R. limits of the underlying zoning district pursuint 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 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 Schoot Facility ptanning 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, wniin 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 unitsper 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 ex-ecuted prior to the issuance of a Building Permit. PLANNING BOARD REVTEW On August 26, 2014, the Planning Board (by a 6-0) transmitted the proposals to the City Commission with a favorable recommendation 355 Commission Memorandum 226 8/h Terrace - Parking category comprehensive plan Amendment & Zoning Map change Apnl 15,2015 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 evaluited 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 siteas 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. CONCLUS!ON The Administration recommends that the City Commission open and continue the item to a date certain of June 10,2015. *ffin**,** T:\AGENDA\2015\April\226 87th Terrace Comp Plan Amnd and Zoning Change - 1st Reading MEM O&C.docx 356 Commission Memorandum 226 |fh Terrace - Parking category comprehensive plan Amendment & Zoning Map changeApfl 15,2015 Page 6 of 9 Aerial 0 I 75 150 300 Feet rrrl ,l Location: 226Alth Terrace 357 Commission Memorandum 226 9l: Terrace - Parking category comprehensive plan Amendment & Zoning Map change April15,2015 Paqe 7 of 9 Future Land Use CitY Limits 0 I 75 150 300 Feet trrlrrrl Location: 226 87th Terrace 358 Commission Memorandum 226 9/: Terrace - Parking category comprehensive plan Amendment & zoning Map change April15.2015 Zoning (Existing) f-S.it.r-f-s CitY Limits I 75 150 300 Feet rlrl Location: 226 87th Terrace 359 Commission Memorandum 226 8/h Terrace - Parking category comprehensive plan Amendment & zoning Map change April 15, 2015 Zoning (Proposed) f-S.u.r-f-s-i. CitY Limits Location: 22687th Terrace 360 COMPREHENSIVE PLAN - PARKING CATEGORY ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE GITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROGEDURES !N SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND POLICY 1.2 OF THE FUTURE LAND USE ELEMENT OF THE GOMPREHENSIVE PLAN 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 INCLUSION lN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERAB!LITY; 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 C!ry 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: arking (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 abuttino residential future land use district. 361 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. SEGTION4. 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 "ordinancer' 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 163.3184(3) F.S. PASSED AND ADOPTED this day of ATTEST: CITY CLERK after adoption pursuant to Section 2015. MAYOR APPROVED AS TO FORM AND LANGUAGE R^I-P):E*=^T:'$-'' U First Reading: April 15,2015 Second Reading: May 6, 2015 Verified by: Thomas R. Mooney, AICP Planning Director Underline = new language S+it<e$reugh = deleted language [Sponsored by Commissioner Weithorn] T:\AGENDA\2015\April\226 87th Terrace Comp ptan Amnd - .1st Reading ORD.docx 362 Rezoning - 226 87th Terrace ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CIry OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENGED IN SECTION 142.72 OF THE CODE OF THE CITY OF M!AM! BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL LOCATED AT 226 87TH TERRAGE, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO THE PROPOSED ZONING CLASSIFIGATION OF RM.2, "MULTIFAMILY RESIDENTIAL, MEDIUM INTENSITY"; PROVIDING FOR GODIFICATION; 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 !T ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEAGH, FLORIDA: SEGTION 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. 363 SECT!ON 3. SEVERABILITY lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. sEcTtoN 4. coptFtcATloN 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 2015. Philip Levine, Mayor ATTEST: Rafael E. Granado, City Clerk First Reading: April 1 5,2015 Second Reading: May 6, 2015 Verified by: Thomas R. Mooney, AICP Planning Director [Sponsored by Commissioner Weithorn] APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION T:\AGENDAV015\April\226 87th Terrace Rezone - 1st Reading ORD.docx 364 t)(, -z()ts UJ IIJco- =9<6 =?*rrlr, Oi u.rb9 oz ,I I] ( ( il !Z utzrt ;6N.i l dc j a EfIF eoIIga =E .EE 6J eg ==- \ 365 THIS PAGE INTENTIONALLY LEFT BLANK 366