| | | | | | | |  | Committee Assignments - C4 D
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | May 13, 2020 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - PROPOSED RE-ZONING OF THE CD-1 AREA ON THE NORTH SIDE OF 40TH STREET TO CD-3. |
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| | | | | | | | RECOMMENDATION
| The administration recommends that the City Commission refer the attached ordinances to the Planning Board for review and recommendation.
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| | | | | | | | BACKGROUND/HISTORY
| | On March 18, 2020, at the request of Commissioner Ricky Arriola, the subject discussion item was referred to the Land Use and Sustainability Committee (Item C4 AC). On May 6, 2020 the LUSC discussed the item and recommended that the City Commission refer an ordinance to the Planning Board to rezone those properties along the north side of 40th Street, between Chase Avenue and Pine Tree Road from the current CD-1 to CD-3. Additionally, the LUSC recommended that the higher FAR for applicable CD-1 parcels only occur when combined with an abutting CD-3 parcel, forming a unified development site. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
As noted on the attached zoning map, the 41st Street corridor consists primarily of CD-3 zoned properties. There are several surface parking lots to the north and south of 41st Street, which are accessed from 40th Street and 42nd Street; these surface lots are zoned GU.
There are also a more limited number of lots fronting on the north side of 40th Street, between Chase Avenue and Pine Tree Road, which are zoned CD-1. Some of these CD-1 lots already abut, or have the potential to abut, CD-3 zoned properties along 41st Street. However, even if a unified site is formed, under the code, there is no way to move FAR from the CD-3 sites to the CD-1 sites.
In order to provide more tangible opportunities for unified development sites along this limited area of the 41st corridor, the up zoning of the CD-1 parcels to CD-3 is being proposed. In this regard, staff recommended, and the LUSC agreed, that such an up zoning should only occur if the existing CD-1 parcel can be combined with an abutting CD-3 site, so that a more holistic development site, with frontage on 41st Street is achieved.
The following is a summary of the land use amendments needed to effectuate this proposal, which are attached:
1. A re-zoning of the non-GU parcels north side of 40th Street, between Chase Avenue and Pine Tree Drive, from CD-1 to CD-3. The specific corresponding zoning map change is from CD-1, “Commercial, Low Intensity” to CD-3, “Commercial, High Intensity”.
2. A companion Future Land Use Map (FLUM) amendment to change the future land use designation of the non-GU parcels north side of 40th Street, between Chase Avenue and Pine Tree Drive from the current CD-1, “Commercial, Low Intensity” to CD-3, “Commercial, High Intensity”.
3. An LDR amendment to Sec. 142-337 requiring that existing CD-1 parcels on 4oth Street be combined with an abutting CD-3 site in order to have increased FAR, so that a more holistic development site, with frontage on 41st Street is achieved.
The proposed re-zoning from CD-1 to CD-3 would result in an increased in zoned FAR. Under the City Charter, this increase in zoned FAR requires approval from the voters. For a ballot question to be placed on the November 3, 2020 ballot, the City Commission would need to approve the ballot language by the end of July.
APPLICATION FEE WAIVER
The subject amendments have been referred on a comprehensive basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | CONCLUSION
| The Administration recommends that the City Commission:
1. Refer the attached ordinances to the Planning Board for review and recommendation.
2. In accordance with section 118-162(c) of the City Code, waive the applicable application fees based upon the legislation implementing best practices in urban planning. |
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| | | | | | | | Applicable Area
| | Middle Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Ricky Arriola |
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