500-700 ALTON ROAD - FLUM AND COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY, PURSUANT TO SECTION 118-166 OF THE CITY CODE, AND SECTION 163.3187, FLORIDA STATUTES, FOR LOTS 8 THROUGH 14, · BLOCK 2, OF THE AMENDED FLEETWOOD SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 28, PAGE 34, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, FROM THE CURRENT DESIGNATION OF "MEDIUM DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-2)," TO THE FUTURE LAND USE CATEGORY OF "MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2)"; AND FOR THE PROPERTIES BOUNDED BY 6TH STREET ON THE NORTH, ALTON ROAD ON THE EAST, 5TH STREET/MACARTHUR CAUSEWAY/STATE ROAD A1A ON THE SOUTH, AND WEST AVENUE ON THE WEST, FROM THE CURRENT DESIGNATION OF "GENERAL MIXED USE COMMERCIAL "PERFORMANCE STANDARD" CATEGORY (C-PS2)"; TO THE FUTURE LAND USE CATEGORY OF "MEDIUM INTENSITY COMMERCIAL CATEGORY (CD-2)"; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
On July 25, 2018, at the request of Mayor Dan Gelber, the City Commission referred the item to the Land Use and Development Committee (Item C7AQ). The Land Use Committee discussed the amendment on September 28, 2018 and recommended that the City Commission refer the item to the Planning Board.

On September 12, 2018, at the request of Mayor Gelber as the sponsor, the City Commission discussed and deferred the Planning Board referral (Item C4F) to October 17, 2018. The City Commission referred the item to the Planning Board on October 17, 2018.

BACKGROUND
The properties along the 500-700 block of Alton Road and West Avenue are currently located within three separate zoning districts (CPS-2, CD-2 and RM-2). The 500 block is separated from the 600-700 block by a dedicated public right-of-way (6th Street). Currently there is an active, approved mixed use development project for the 500-700 blocks, which is broken down as follows:

Lot Sizes:

500 Block: 85,348 SF
600 Block: 138,842 SF
700 Block: 49,000 SF

Approved Height:

500 Block: 75 Feet (DRB 22959)
600 Block: 120 Feet (Existing South Shore Hospital) and 60 Feet
(DRB 22959)
700 Block: 60 Feet (DRB 23126)

Approved FAR:

500 Block: 170,696 SF / 2.0 (DRB 22959)
600 Block: 277,684 SF/ 2.0 (DRB 22959)
700 Block: 98,000 SF/ 2.0 (DRB 23126)

Approved FAR for Overall Project: 546,380 SF / 2.0

Approved Residential Units:

500 Block : 163 Units (DRB 22959)
600 Block: 281 Units (DRB 22959)
700 Block: 66 Units (DRB 23126)

Approved Residential Units for Overall Project: 510

Recently, a group of area residents, condominium unit owners and affected stakeholders (Gateway Community Alliance) began a dialogue with the property owner for the 500-700 Blocks (Crescent Heights). At the May 23, 2018 Land Use Committee meeting, separate proposals pertaining to the 500-700 blocks of Alton Road, one from the Gateway Alliance and the other from the property owner, Crescent Heights, were discussed. The LUDC discussed the proposals again on July 31, 2018 and concluded the item with no action.

On July 25, 2018 the City Commission referred separate discussion items to both the Finance and City Wide Projects Committee (FCWPC) and the Land Use Committee pertaining to the proposed development project at 500 – 700 Alton Road.

On July 27, 2018 the FCWPC discussed the development proposal prepared by the property owner and developer, Crescent Heights. The Committee directed the City Attorney to begin drafting a Development Agreement and Vacation of 6th Street, in order to facilitate the creation of a Unified Development Site within the 500-700 blocks between Alton Road and West Avenue.

In order to effectuate a Unified Development Site, as proposed, a rezoning and change in future land use classification of certain parcels within the proposed unified site, as well as corresponding amendments to the Land Development Regulations, are required (See attached zoning and site map).

PLANNING ANALYSIS
The proposed Medium Intensity Commercial Category (CD-2) future land use designation provides for the following:

Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new medium intensity commercial areas which serve the entire City.

Uses which may be Permitted: Various types of commercial uses including business and professional offices, retail sales and service establishments, eating and drinking establishments; apartment residential uses; apartment hotels; and hotels.

Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach.

Density Limits: 100 dwelling units per acre.

Intensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use.

The existing Medium Density Multi Family Residential Category (RM-2) future land use designation in the 600-700 blocks provide for the following:

Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new medium density multi family residential areas.

Uses which may be permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels. Residential office uses are permitted in RM-2 only in the West Avenue Bay Front Overlay District, as described in the Land Development Regulations. Places of assembly, restaurant, retail, and general office uses are main permitted uses in the Faena District Overlay as set forth in the Land Development Regulations.

Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach.

Density Limits: 100 dwelling units per acre.

Intensity Limits: Intensity may be limited by such set back, height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complementary public policy. However, in no case shall the intensity exceed a floor area ratio of 2.0.

The existing General Mixed Use Commercial “Performance Standard” Category (C-PS2) future land use designation on the 500 block provides for the following:

Purpose: To provide development opportunities for and to enhance the desirability and quality of existing and/or new residential areas which accommodate a mix of different residential types developed in accordance with flexible design standards.

Uses which may be Permitted: Single family detached dwellings, single family attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels and commercial uses.

Other uses which may be permitted are accessory uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to be subordinate to the main use; and conditional uses specifically authorized in this land use category, as described in the Land Development Regulations, which are required to go through a public hearing process as prescribed in the Land Development Regulations of the Code of the City of Miami Beach.

Density Limits: 106 dwelling units per acre.

Intensity Floor Area Ratio Limits: 2.0.

The proposed unified development site encompasses the 500 Block and most of the parcels on the 600-700 blocks between Alton Road and West Avenue. The 500 Block has a future land use classification of CPS-2 and the 600-700 block has future land use classifications of CD-2 and RM-2 (See attached map). The proposal is to change the CPS-2 and RM-2 classifications to CD-2, which would be consistent with the predominant zoning and future land use designations along Alton Road.

The properties immediately to the north of the proposed unified site have an RM-2 and CD-2 classification, the properties to the east of the proposed unified site have a CD-2 and CPS-2 classification, the properties to the west of the proposed unified site have an RM-3 and CPS-4 classification and the properties to the south of the proposed unified site have a CPS-4 classification. Therefore, the CD-2 future land use classification would provide for an appropriate transition between the higher intensity uses to the west and same intensity areas to the east.

The proposed CD-2 classification has a slightly lower maximum population density than the C-PS-2 classification. The attached concurrency analysis indicates that the impact to the adopted levels of service will be minimal for vehicular traffic potential and beneficial to other levels of service due to the slightly reduced maximum density.

Comprehensive Plan Process
The total land area involved in this application is 3.12 acres (136,140 SF). 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.

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.

Currently there is a proposal to change the use of the site to a residential building with limited retail along with a public park. The proposed amendment reduces the maximum residential density of the site slightly. However, 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. 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
On October 23, 2018, the Planning Board held a public hearing regarding the proposed FLUM and Comprehensive Amendment and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).

SUMMARY
The proposed companion change to the Zoning Map requires that this proposed amendment to the Future Land Use Map of the City’s Comprehensive Plan be voted prior, as the Land Development Regulations must be consistent with the Comprehensive Plan pursuant to Chapter 163, Part II, Florida Statutes.

UPDATE

The subject Ordinance was approved at First Reading on November 14, 2018, with no changes.