Committee Assignments - C4 B
|Honorable Mayor and Members of the City Commission
|Alina T. Hudak, City Manager
|March 27, 2023
|REFERRAL TO THE PLANNING BOARD - LDR AMENDMENT ESTABLISHING A 6TH STREET OVERLAY.
|The Administration recommends that the City Commission refer the attached ordinance amendment to the Planning Board.
|On July 28, 2021, at the request of Commissioner Steven Meiner, the City Commission referred a discussion item (C4 T) pertaining to the creation of a 6th Street Overlay between Washington Avenue and Alton Road, to the Land Use and Sustainability Committee (LUSC). On September 14, 2021, the LUSC discussed the item and continued it to October 19, 2021.
On October 19, 2021, the item was deferred to the December 2021 LUSC meeting. The December 2021 LUSC meeting did not take place and the item was automatically deferred to the first available meeting of 2022.
On March 4, 2022, the LUSC discussed and continued the item to the May 13, 2022 LUSC meeting with the following direction:
1. Engage in follow-up outreach to the affected stakeholders and provide a summary of the applicable comments and input.
2. Modify the northeast boundary of the overlay to remove Washington Avenue.
On May 13, 2022, the item was deferred to the June 6, 2022, LUSC meeting, with no discussion. On June 6, 2022, the item was deferred to the July 7, 2022, LUSC meeting, with no discussion. On July 7, 2022, the item was deferred to the September 28, 2022 LUSC meeting, with no discussion.
On September 28, 2022, the LUSC discussed the proposal, including additional revisions to the draft overlay, and continued the item to the November 18, 2022 LUSC meeting with direction to further explore allowable uses within the proposed overlay, as well as hold a publicly noticed community meeting in the neighborhood. On November 18, 2022, the item was deferred to the January 25, 2023, LUSC meeting, with no discussion.
On January 25, 2023, the item was discussed and continued to the March 1, 2023 LUSC with direction to the Administration to develop incentives to transfer allowable intensity from the south side of 6th Street closer to 5th Street. On March 1, 2023, the LUSC recommended that the City Commission refer the Administration version of the proposed overlay ordinance to the Planning Board.
The area between 5th and 6th Street, from Washington Avenue to Alton Road, is currently zoned C-PS2 (commercial performance general mixed-use). The C-PS2 district permits a range of business, commercial, office and hotel use, as well as medium density residential development.
As noted on the attached map, the north side of 6th Street between Washington Avenue and Alton Road is comprised of the following zoning districts: RM-2, residential multifamily medium intensity (between Washington Avenue and Pennsylvania Court); GU, government use (between Meridian Avenue and Jefferson Avenue); CD-2, commercial medium intensity (between Lenox Court and Alton Road), with the remainder RM-1, residential multifamily low intensity.
The south side of 6th Street between Washington Avenue and Alton Road is comprised of C-PS2, general mixed-use commercial (between Washington Avenue and Alton Road) The center line of 6th Street between Washington Avenue and Lenox Court serves as the boundary for the Flamingo Park Historic District to the north and the Ocean Beach Historic District to the south.
The Flamingo Park neighborhood is bounded on the south by 6th Street, and on the north by Lincoln Lane south, and is generally between Alton Road and Washington Avenue. The Flamingo Park neighborhood is within a designated local historic district, and is composed predominantly of low scale, multi-family residential apartment buildings.
The low scale residential neighborhood within Flamingo Park is currently buffered from the higher intensity zoning CD-2 district on the west (Washington Avenue) by the RO (Residential Office) zoning district on Pennsylvania and Drexel Avenues. Additionally, in 2014, the Alton Road Historic District Buffer Overlay was created along the east side of Alton Road, in order to create a transition zone between that CD-2 commercial district. Over time, these transition areas have helped to mitigate the impacts of higher intensity commercial uses adjacent to lower intensity residential uses on the east and west sides of the Flamingo Park neighborhood.
Recently there have been several large, high intensity projects approved within the C-PS2 area between 5th and 6th streets, from Alton Road to Meridian Avenue. Most recently, a new hotel with a rooftop amenity deck and accessory outdoor café was approved for the property located at the southeast corner of 6th Street and Lenox Avenue. Given that there are a number of non-contributing properties, including several surface parking lots, in this area, as well as the designation of 5th Street as a major transit corridor, it is likely the City will see an increase in new development proposals in this C-PS2 area.
In order to ensure that future development proposals within the C-PS2 area north of 5th Street are compatible with and sensitive to the established, low scale area of Flamingo Park north of 6th Street, additional development regulations have been proposed. To this end, the Administration is generally supportive of appropriate amendments to the Land Development Regulations (LDRs) for properties and uses that front on or are near the south side of 6th Street. The intention of such regulations, as part of an overlay, would be to foster a more compatible relationship in terms of scale, massing and land uses between the 6th Street corridor and the Flamingo Park residential neighborhood.
An overlay that would create a meaningful buffer along the 6th Street corridor does need to be carefully created, as the make-up of existing properties between 5th and 6th Streets is unique and includes variations in overall lot sizes and unified development sites. Also, this area contains several less than desirable uses, including surface parking lots, gas stations and other automobile related uses. A future overlay for this area must consider the ability for multiple lots to be developed in a tangible manner.
Attached are maps showing the following:
1. Existing unified development sites (current property owners map); and
2. Existing properties with buildings classified as ‘contributing’ in the City’s historic properties database (contributing buildings map).
These maps show how dispersed the area between 5th and 6th Street is both from a property ownership and unified site standpoint. Additionally, there is no strong concentration of contributing structures along 5th Street and the mid portions of most blocks.
In light of this, the Administration recommends that overlay regulations not create a barrier to establishing desirable unified sites, even if some of the lots within a unified site are close to or fronting 6th Street. Additionally, as 5th Street is a dedicated transit corridor there is an opportunity to maximize the development potential of these properties, including unification efforts with properties immediately north of 5th Street. Currently there are a number of highly underutilized parcels fronting on and north of 5th Street, as well as a number of uses that would be better suited elsewhere.
The following is a summary of the attached overlay regulations proposed by the Administration:
1. The overlay would apply to properties bounded by 6th Street to the north and 5th Street to the south, between the east side of Lenox Avenue and the west side of Washington Avenue.
2. Properties with frontage on Washington Avenue as of January 1, 2022 have been removed from the overlay. However, in the future, if a lot with frontage on Washington Avenue is unified with a lot that does not have frontage on Washington Avenue, such unified site shall therein after be subject to the overlay regulations.
3. The following shall apply to alcoholic beverage establishments within the proposed overlay:
a. Operations in outdoor or open-air areas of an alcoholic beverage establishment shall cease no later than 12:00 a.m., except as otherwise provided herein.
b. Alcoholic beverage establishments participating in the Outdoor Dining Concession Program shall not be permitted to have outdoor speakers abutting or adjacent to any public sidewalks.
c. Outdoor bar counters shall be prohibited within 200 feet of the south side of 6th Street.
d. Within 100 feet of the south side of 6th Street, outdoor restaurant and/or bar seating shall not exceed 100 seats, and only when associated with an indoor venue. Additionally, such outdoor seating shall only be permitted until 10:00 p.m. The Planning Board, pursuant to the Conditional Use criteria, may allow an increase in the number of seats, but not to exceed 200 seats.
e. Within 200 feet of the south side of 6th Street, outdoor restaurant and/or bar seating located above the ground floor shall not exceed 100 seats, and only when associated with an indoor venue. Additionally, such outdoor seating shall only be permitted until 10:00 p.m. Notwithstanding the foregoing, the Planning Board, pursuant to the Conditional Use criteria, may allow for the following as it pertains to outdoor restaurant and/or bar seating located above the ground floor:
i. For outdoor restaurant and/or bar seating located within 100 feet of the south side of 6th Street, the Planning Board may allow for an increase in the number of seats, but not to exceed 200 seats.
ii. For outdoor restaurant and/or bar seating that is more than 100 feet from the south side of 6th Street, but less than 200 feet from the south side of 6th Street, the Planning Board may allow for an increase in the number of seats, but not to exceed 300 seats, as well allow for an increase in the permitted hours of operation, not to exceed 12:00 am.
4. Outdoor music, whether amplified or nonamplified, and television sets, shall be prohibited within 100 feet of the south side of 6th Street.
5. For properties with frontage on 6th Street, entry and exit doors, as well as access points (with the exception of required emergency egress) to hotels, apartment hotels and suite hotels, and food and beverage establishments serving alcohol, shall be subject to the following regulations:
a. Entry and exit doors, as well as access points, shall not be permitted on 6th Street.
b. A minimum setback of 20 feet from the south side of 6th Street, for all such entry and exit doors, as well as access points, shall be required.
c. For properties which contain 200 feet or more of frontage along Euclid, Meridian, Jefferson, Michigan or Lennox Avenues, all entry and exit doors, as well as access points shall be setback a minimum setback of 100 feet from the south side of 6th Street.
d. Subject to the approval of the Historic Preservation Board, for existing contributing structures the minimum setbacks from the south side of 6th Street may be waived or modified by the Historic Preservation Board, and the location of such entry and exit doors, and access points, may be permitted on 6th Street.
6. For properties with frontage on 6th Street, the storage or parking of vehicles above the ground level shall be setback a minimum of 100 feet from the south side of 6th Street.
7. The following uses shall be prohibited:
a. The sale, lease or rental of any motor vehicles, including, but not limited to, automobiles, golf carts, low-speed vehicles, mopeds, motorcycles, motorized bicycles, and motorized scooters.
c. Convenience stores.
d. Smoke shops and vape stores.
e. Package stores and the retail sale of alcohol for off premise consumption.
8. The maximum permitted height within the first two platted lots south of 6th Street shall not exceed 50 feet, regardless of property use.
9. A minimum setback of five (5’) feet shall be required along all front and side facing a street yards, in order to provide a clear pedestrian path that exceeds the width of the abutting sidewalk. This requirement may be waived by the Historic Preservation Board for portions of a property containing a contributing building.
10. If an alley exists, no front or street side curb cut shall be permitted. If no alley exists, any curb-cut required shall not exceed 12 feet in width.
11. Notwithstanding the provisions of section 142-1161 of these land development regulations, roof-top additions shall not exceed the applicable maximum building height set forth in the C-PS2 district.
At the direction of the LUSC, on December 19, 2022, the city held an evening public meeting at the Miami Beach Police Department Community Room within the Flamingo Park neighborhood. The hybrid meeting was advertised and well attended by residents and property owners both in person and via Zoom.
After a brief presentation, some residents expressed concerns regarding potential proliferation of transient and commercial uses along the south side of 6th Street across from the Flamingo Park residential neighborhood. More specifically, the members of the public requested that the City explore the following:
• Prohibit the introduction of balconies facing 6th Street or any side street, for transient uses;
• Explore the introduction of zoning incentives that would encourage residential development; and
• Explore the possibility of rezoning the south side of 6th Street to the RM-1 zoning district.
As noted previously at the LUSC, the Administration does not recommend incorporating limits on balconies within new construction based solely on transient uses. The use of a property evolves over time and such a regulation would be difficult to administer. The Administration also does not recommend a rezoning of the area south of 6th Street to residential only, as it would create non-conforming uses and subject the City to potential legal and financial exposure.
With regard to incentivizing residential development, one option would be to consider, on a separate path, an increase in maximum FAR and residential density, for development projects consisting substantially of residential uses. As part of this incentive, there could also be limits placed on transient rentals, as well as the amount and type of accessory uses permitted.
Although voter approval would be required, this would be an effective option in terms of incentivizing the development of non-transient residential uses. Also, an FAR increase within the area bounded by 5th and 6th Street, would be consistent with the City’s long term mobility goals, as this area fronts a transit corridor and has been identified for potential future transit-oriented development (TOD) regulations.
The Administration believes that a tailored set of regulations, creating a tangible transition area along 6th Street, would be beneficial. The ordinance recommended by the Administration achieves a careful balance between protecting the quality of life for residents in the RM-1 district to the north of 6th Street, while allowing for the development and improvement of properties within the overlay south of 6th Street.
SUPPORTING SURVEY DATA
|No fiscal impact is anticipated.
|The Administration recommends that the City Commission refer the attached ordinance amendment to the Planning Board.
|Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14?
|Does this item utilize G.O. Bond Funds?
Vice-Mayor Steven Meiner