4000 ALTON ROAD EXPANSION - REZONING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY 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 PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195, FROM THE CURRENT ZONING CLASSIFICATION OF GU, “GOVERNMENTAL USE,” TO THE PROPOSED ZONING CLASSIFICATION OF RM-2, “RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY;” AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
The proposed re-zoning amendment will allow for the subject parcel to be combined with the abutting RM-2 parcel and form a unified development site. This is important because absent the combination with the abutting parcel, access to the site would be exceedingly difficult, and introduce more problems to an already congested access point from Alton Road to west bound I-195.

The proposed ordinance does not include or represent an increase in maximum allowable density or intensity, since the development regulations of the GU district are based on the surrounding districts, which in this case is RM-2. The subject parcel (17,680 SF) would allow for up to an additional 35,360 square feet of FAR, based on a maximum FAR of 2.0. The maximum density for the parcel is 41 units, based upon a density of 100 units per acre.

CITY CHARTER ANALYSIS
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 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 it exists 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 property shall first be approved by a vote of the electors of the City of Miami Beach.

In review of the floor area ratio limitation on the subject parcels, which are currently zoned GU (Government Use), the following applies:

Sec. 142-425 (a). Development regulations.
The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission.

The abutting zoning of the subject parcels, which is used to calculate the FAR of the subject parcel, is RM-2 and has a maximum FAR of 2.0. As the proposed rezoning to RM-2 does not increase the maximum allowable FAR for the subject parcel, the requested amendment complies with the requirements of the referenced Charter provision.

INTERLOCAL 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 RM-2 future land use category allows a density of 100 units per acre. The lot area of the affected by the proposed change is 0.406 acres. Based upon this data, the maximum number of units that could be developed for this area is 40.6 units. The maximum density in the PF district, is based on the surrounding districts, therefore, this does not represent a density increase.

Once a development proposal is submitted, 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 prior to the development obtaining final site plan approval. Such Certificate will state the number of seats reserved at each school level. In 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
The item was noticed for the June 23, 2020 Planning Board agenda; at the request of MAST Capital, the item was continued to the July 27, 2020 Planning Board meeting. On July 27, 2020, also at the request of MAST Capital, the item was continued to the August 25, 2020 Planning Board meeting.

On August 25, 2020 the Planning Board held a public hearing and transmitted the rezoning ordinance to the City Commission with an unfavorable recommendation by a vote of 6-0. The Planning Board members expressed concern with the increase in density and intensity on the larger site that would likely result with the Rezoning Amendment.

SUMMARY
Pursuant to the attached letter from FDOT, dated August 27, 2020, MAST Capital has received confirmation that the purchase of the subject parcel has been approved. MAST has also represented to the City that they are in active negotiations to finalize the purchase of the property and are working toward setting a closing date. The effective date of the proposed rezoning amendment, if adopted, will be predicated upon the completion of this transaction, and MAST obtaining full title to the parcel.

The administration understands the concerns of the Planning Board regarding the potential increase in density associated with the inclusion of the FDOT surplus parcel into a larger property assemblage. However, given the extreme difficulties in accessing this parcel, as well as its relatively small size and awkward geometry, the best available option from a planning and land use standpoint would be to combine it with the abutting development site.

In this regard, the density that would be generated by the addition of the parcel is not likely to exceed 30 units, and it could be less, depending upon the eventual floor plan layout. Also, access to the parcel, as well as the existing site, would be well buffered from Alton Road, and is not expected to create traffic back up issues due to the overall depth of the parcel and the location of vehicular entrance and drop-off areas toward the back of the site. As part of the development review process these circulation issues will be closely evaluated.

In view of the foregoing, the administration is supportive of the proposed rezoning amendment and recommends approval.

UPDATE

The subject ordinance was approved at first reading on October 14, 2020, with no changes. Additionally, the City Commission referred this item, as well as the companion FLUM and LDR amendments, to the Planning Board for an advisory recommendation prior to second reading.

On October 27, 2020, the Planning Board reviewed the rezoning, FLUM and amended LDR ordinances. The Planning Board made the following recommendations to the City Commission:

1. By a vote of 6-1, the Board recommended that all 3 ordinances be adopted at second reading.

2. By acclamation, the Board recommended that the developers transportation engineer work with City staff, as part of any future DRB application, to develop an effective traffic mitigation plan that will address all traffic and circulation issues at the site.