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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 23.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Rickelle Williams, Interim City Manager
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| DATE: June 10, 2024
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| | | | | | | | | TITLE: | DISCUSS/CONSIDER THE POTENTIAL REZONING AND RECLASSIFICATION ON THE FUTURE LAND USE MAP OF CANOPY PARK, AT 701 WEST AVENUE, TO REFLECT THE CITY’S OWNERSHIP AND USE OF THE PROPERTY AS A PARK |
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| | | | | | | | HISTORY:
| On May 15, 2024, at the request of Commissioner Tanya K. Bhatt, the Mayor and City Commission referred the item (C4 AC) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
As part of the Development Agreement for the 500 Alton Road project, the developer designed, constructed, and conveyed a 3.0-acre public park to the City of Miami Beach. The park, located at 701 Alton Road, is a municipal park, operated by the City for the benefit of the general public. On August 23, 2022, 82% of the City’s voters voted to name the park as “Canopy Park.”
As noted in the attached referral memo, the item sponsor is requesting that the LUSC discuss rezoning Canopy Park, as well as reclassifying the future land use designation on the City’s future land use map, to better reflect the City’s ownership and use of the property as a park. The property is currently classified on the zoning map and future land use map as CD-2 (commercial, medium intensity), which is the zoning and future land use classification at the time of the original development agreement. The item sponsor has proposed reclassifying the park to either “Public Facility: Governmental Uses (PF)” or “Recreation and Open Space Including Waterways (ROS)” on the future land use map, and GU (government use) on the zoning map.
The sponsor has also requested that the Planning Department recommend any related text amendments to the Land Development Regulations of the City Code (LDR) that may be appropriate as a companion to the proposed rezoning and change in future land use designation. Following review by the LUSC, draft Ordinances will be prepared and transmitted to the Planning Board. |
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| | | | | | | | ANALYSIS:
| When the Canopy Park parcel became City owned, the zoning for the property changed to Government Use (GU). In this regard, section 7.2.1.1.b of the LDRs specifies that all city-owned properties are zoned GU, although they may not be designated as such on the zoning map.
The future land use designation of the Canopy Park site is still commercial medium intensity and did not automatically convert to another future land use classification. In this regard, the re-classification of the future land use designation of the park to either “Public Facility: Governmental Uses (PF)” or “Recreation and Open Space Including Waterways (ROS)” would be appropriate.
Finally, a companion text amendment to Chapter 2 of the Land Development Regulations of the City Code (LDRs) should be included as part of the proposed re-zoning of the park property, to address the previous movement of applicable floor area within the Alton Gateway overlay. Note that when the development agreement was approved, the entire overlay was zoned CD-2 and RM-2. Since the maximum FAR (2.0) was the same for residential use in both districts, all of the available floor area from the portion of the site that is now a public park was moved to other parts of the site to accommodate the new residential tower and the proposed detached retail structure. The following is draft text for an amendment to the applicable section of Chapter 2 in the LDRs:
2.2.3.4 Unified Development Site
a. Where development is proposed on a site that consists of a unified development site, the application shall be accompanied by either a unity of title or covenant in lieu of unity of title, as applicable. A "unified development site" is a site where a development is proposed and consists of multiple lots, all lots touching and not separated by a lot under different ownership, or a public right-of-way. A unified development site does not include any lots separated by a public right-of-way or any non-adjacent, non-contiguous parcels. Additionally, the following shall apply to any unified development site:
1. All lots need not be in the same zoning district; however: the allowable floor area ratio (FAR) shall be limited to the maximum FAR for each zoning district, inclusive of bonus FAR.
2. Lots not located in the same zoning districts may be joined together to create a unified development site, and be permitted to aggregate the allowable floor area ratio, provided the entire unified development site, including each separate zoning district, has the same maximum FAR, inclusive of bonus FAR. The instrument creating the unified development site shall clearly delineate both the maximum FAR, inclusive of bonus FAR, and total square footage permitted.
3. For unified development sites that are subject to the terms of a development agreement with the City of Miami Beach, and contain properties with different zoning classifications, as well as properties located in the Alton Road Gateway Area, as more specifically prescribed in Section 7.2.11.7, the maximum allowable floor area may be distributed within the entirety of the unified development site in accordance with the provisions of the applicable development agreement.
4. In the event a future change in zoning district classification modifies the maximum floor area ratio (FAR), inclusive of bonus FAR, for a district within a unified development site, the maximum floor area square footage recorded for the unified development site shall not be exceeded.
If there is consensus on the proposed rezoning, change in land use classification and LDR text amendment, ordinances to effectuate these changes can be drafted and presented to the Planning Board.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board. |
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| | | | | | | | Applicable Area
| | South 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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