Item Coversheet

Ordinances - R5  F




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:November  18, 2020
 

5:02 p.m. Second Reading Public Hearing

SUBJECT:

4000 ALTON ROAD EXPANSION - FLUM / COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3187, FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195, FROM THE CURRENT DESIGNATION OF PF, “PUBLIC FACILITY: GOVERNMENT USE,” TO THE PROPOSED DESIGNATION OF RM-2, “RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY;” PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission adopt the subject ordinance.

BACKGROUND/HISTORY

HISTORY
On October 16, 2019, at the request of Commissioners Michael Gongora and Ricky Arriola, the City Commission referred a discussion item to the Land Use and Development Committee (Item C4 T), pertaining to RM2 zoning regulations for 4000 Alton Road. The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC), and deferred to February 18, 2020, at the request of the proposer.

On February 18, 2020, the item was deferred to March 17, 2020, also at the request of the proposer. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the May 6, 2020 LUSC agenda. On May 6, 2020 the LUSC discussed the proposal and recommended that the City Commission refer the attached ordinance to the Planning Board. On May 13, 2020, the City Commission referred the ordinance to the Planning Board (Item C4 C). After this referral, Commissioner Michael Gongora withdrew as a co-sponsor.

BACKGROUND
On March 5, 2014 the City Commission approved a request is to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Beach, for parcels of land adjacent to the “Talmudic University Site.” Specifically, the Future Land Use Category for the subject parcels was changed from ROS, “Recreation and Open Space,” to “RM-2, Residential Multifamily Medium Intensity” and the Zoning District Classification was changed from GU, “Government Use,” to “RM-2, Residential Multifamily Medium Intensity”. This action accommodated an acquisition of surplus properties from the Florida Department of Transportation (FDOT) by the Talmudic University.

The current owner of the vacant parcel on the south side of the site, “M 4000 Alton Owner LLC c/o M-4000 Alton MGR, LLC” (aka MAST Capital) is in the process of acquiring an additional 0.406 acres of surplus land from the Florida Department of Transportation (FDOT). The proposed surplus parcel is located at the NW corner of the triangular block fronting Alton Road and south side of the Julia Tuttle Causeway, and abuts the existing parcel owned by Mast Capital. In order to accommodate this additional property and combine it with the existing site, MAST Capital is seeking the following land use amendments:

1. A re-zoning of the current FDOT parcel from GU, “Government Use” to RM-2, “Residential Multifamily, Medium Intensity”.

2. A companion Future Land Use Map (FLUM) amendment to change the future land use designation of the FDOT parcel from the current Public Facilities: Government Use (PF) category to the Residential Multifamily Medium Intensity (RM-2) category.

3. An LDR amendment that would create specific development regulations pertaining to setbacks and parking garage liner requirements for the area abutting the west side of Alton Road and the south side of 41st Street/Interstate 195.

ANALYSIS

PLANNING ANALYSIS
The proposed map amendment is consistent with PRINCIPLE 1: DEVELOPING A RESILIENT FUTURE of the Resilient Land Use Element of the Comprehensive Plan which states the following:

The City shall encourage redevelopment that contributes to community resiliency by meeting all required peril of flood mitigation and storm hazard standards for on-site development and shall also prioritize energy efficient development that provides stormwater mitigation, and co-benefit features that contribute to the City’s resiliency as a whole.

The proposed FLUM amendment will also allow for the 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 contain or represent an increase in maximum allowable density or intensity, since the PF category allows a higher FAR than the RM-2 district, and its maximum density is the average of surrounding districts, which in this case is equivalent to 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.

COMPREHENSIVE PLANNING REVIEW PROCESS
The total land area involved in this application is 0.406 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 up-to-date copy of the City’s Comprehensive Plan.

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 FLUM Amendment 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 FLUM 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 Rezoning 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.

CONCLUSION

The administration recommends that the City Commission adopt the subject ordinance.

Applicable Area

Middle Beach
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 
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
FLUM - MAP
FDOT Purchase Letter
Ordinance
Ad