Item Coversheet

New Business and Commission Requests - R9  U




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:February  22, 2023
 



SUBJECT:REFERRAL TO THE PLANNING BOARD – PROPOSED SINGLE FAMILY OVERLAY IN NORTH BEACH.

RECOMMENDATION

The Administration recommends that the City Commission refer the Administration version of the attached overlay Ordinance amendment to the Planning Board.

BACKGROUND/HISTORY

On October 26, 2022, at the request of Mayor Dan Gelber, the City Commission referred a discussion item (C4 D) to the Land Use and Sustainability Committee (LUSC), pertaining to the single-family property at 7605 Collins Avenue. On November 18, 2022 the LUSC discussed and continued the item to the January 25, 2023 LUSC meeting with direction to staff to draft a single-family overlay to allow limited commercial uses.

On January 25, 2023, the LUSC reviewed two versions of a draft overlay Ordinance, one prepared by the Administration and the other prepared by representatives of the owner of the existing home at 7605 Collins Avenue. The LUSC endorsed the version of the Ordinance prepared by the Administration, but recommended that the City Commission consider both versions of the overlay Ordinance for a potential referral to the Planning Board.

The property at 7605 Collins Avenue, at the northeast corner of Collins Avenue and 76th Street, is zoned RS-4 (Single Family) and contains an existing single-family residence. The subject property is also located within the Harding Townsite Local Historic District, and the existing home on the site is classified as ‘contributing’ in the City’s historic properties database. In terms of surrounding context, the property is bounded by an RM-1 zoning district to the west, and the GU district to the immediate north, east and south, which contains Altos del Mar Park and the North Shore Library site (see attached zoning and context maps).

As this individual property is a small lot within a larger, non-single-family context, the LUSC previously discussed potential opportunities for this site, in relation to the immediate area. There is a separate item pending at the Finance and Economic Resiliency Committee (FERC) pertaining to the potential purchase of the property by the City, and the reclassification of the property to a government use (GU) district for integration within Altos del Mar Park.

ANALYSIS

As the subject property does not use ‘floor area’ as a basis for allowable intensity, a rezoning of the property to a classification other than GU or recreation open space (ROS), such as RM-1 or CD-2, would require voter approval to accommodate the applicable floor area ration (FAR) associated with a multi-family or commercial zoning district. The Administration believes it would be worthwhile to explore different options for integrating the proposed property within the framework of the larger area, as it is currently somewhat of an anomaly within the existing surroundings. Since this is a very small site, re-zoning the property to a more intense district may not be advantageous, unless there was a future rezoning of the GU properties to the immediate south and a connection was formed.

At the direction of the LUSC, a zoning overlay for the block containing the subject property has been drafted which is inclusive of an amendment to the Land Development Regulations (LDRs) of the City Code, as well as a corresponding amendment to the Comprehensive Plan. The proposed overlay is specific to those properties between 76th and 77th Streets, east of Collins Avenue, and expands the types of uses permitted.

There are two (2) versions of the LDR Amendment, both of which are summarized hereto:

LDR Amendment – Administration Version
The Administration is proposing a more limited expansion of allowable uses within the overlay, inclusive of the following:
1. Townhomes;
2. Bed and breakfast inn (pursuant to Article V, Division 7 of this Chapter);
3. Personal service;
4. Office;
5. Restaurant or Café, in accordance with the following:
a. The establishment shall close no later than 11:00 pm Sunday – Thursday and 12:00 am on Friday and Saturday.
b. Entertainment shall be prohibited.
c. There shall be a maximum of 60 seats permitted.
6. Uses that serve alcoholic beverages shall be limited to cafes and restaurants, pursuant to the applicable regulations set forth in Chapter 6; and
7. Retail may be permitted but only as an accessory use to restaurant, café or personal service and not occupying more than 10% of the interior space of the main use.

LDR Amendment – Property Owner of 7605 Collins Avenue Version
The property owner at 7605 Collins Avenue has suggested a number of different allowable uses for the overlay, inclusive of the following:
1. Townhomes;
2. Apartments;
3. Hotels, and suite hotels;
4. Bed and breakfast inn (pursuant to Article V, Division 7 of this Chapter);
5. Retail;
6. Restaurant;
7. Café;
8. Uses that serve alcoholic beverages as listed in Chapter 6 (alcoholic beverages) or as specified elsewhere in the land development regulations; and
9. Accessory uses customarily associated with the main use of the property.

The Administration believes that given the proximity of the proposed overlay within the context of the Altos-del-Mar single family district, a more limited mix of non-residential uses would be appropriate. The uses recommended by the Administration would still allow for an expanded use of this unique site and provide more options for the property owner.

SUPPORTING SURVEY DATA

Not Applicable

FINANCIAL INFORMATION

No fiscal impact expected

CONCLUSION

The Administration recommends that the City Commission refer the Administration version of the attached overlay Ordinance amendment to the Planning Board.

Applicable Area

North 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
Mayor Dan Gelber

ATTACHMENTS:
Description
Zoning Map
Context Map
COMP PLAN ORD
LDR ORD - Administration Version
LDR ORD - Property Owner Version