Ordinances - R5 C
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||May 17, 2017|
10:00 a.m. First Reading Public Hearing
REZONING - WEST 600 BLOCK OF WASHINGTON AVENUE:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PARCEL WESTERN PORTION OF THE 600 BLOCK OF WASHINGTON AVENUE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-2, “RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY”, TO THE PROPOSED ZONING CLASSIFICATION OF CD-2, “COMMERCIAL, MEDIUM INTENSITY”; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
|The Administration recommends that the City Commission approve the Land Development Regulations Re-Zoning and Comprehensive Plan Amendments at First Reading and set a Second Reading Public Hearing for June 7, 2017.|
On November 9, 2016, at the request of Commissioner Michael Grieco, the City Commission referred this item to the Land Use and Development Committee (Item C4E). On December 12, 2016 the Land Use Committee discussed the item and recommended that the City Commission refer a rezoning ordinance and comprehensive plan amendment to the Planning Board for consideration. On February 8, 2017, the City Commission referred the proposal to the Planning Board (Item C4G).
Zoning / Site Data
Site Area: 57,661 SF / 1.32 acres
Existing Zoning Designation: RM-2, Residential Multifamily Medium Intensity District
Proposed Zoning Designation: CD-2, Commercial, Medium Intensity District
Existing FLUM Category: Medium Intensity Multifamily Residential Category (RM-2)
Proposed FLUM Category: Medium Intensity Commercial Category (CD-2)
Existing Land Uses:
North (7th Street): Mixed Use Commercial/Multifamily
East (Washington Avenue): Commercial
South ( 6th Street): Commercial
West (Pennsylvania Avenue): Multifamily
Historic District Data
The boundaries of the proposed amendments fall within the Flamingo Park Local Historic District and the National Register Architectural District. All of the existing structures on the site, save for the recent additions on the south side, are classified as ‘Contributing’ in the City’s Historic Properties Database.
Currently, the west side of the 600 block of Washington Avenue has a Zoning and Future Land Use Classification of RM-2 (Residential Multi-Family, Medium Intensity). See attached map. It is proposed that this area be re-zoned to CD-2 (Commercial, Medium Intensity), which is the same zoning and future land use classification of the properties to the immediate east on Washington Avenue. The properties to the immediate south are zoned CPS-2, which is also a primarily commercial district that is compatible with the CD-2 designation.
The CD-2 zoning classification is a medium intensity commercial district that allows retail sales, personal services, restaurants, bars, nightclubs, entertainment, and retail uses. The district also allows for office, residential and hotel uses. The existing residential and hotel uses within the subject property are consistent with the purpose of this district.
City Charter Issues
The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City’s Comprehensive Plan has been reviewed for compliance with the following City Charter provision: Sections 1.03 (c), which partially states:
The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
In review of the floor area ratio limitation on the subject parcels, which are currently zoned RM-2 (Residential Multifamily Medium Intensity District), the following applies:
Sec. 142-216 - Development regulations.
The development regulations in the RM-2 residential multifamily, medium intensity district are as follows:
(1) Max. FAR: 2.0
In review of the proposed floor area ratio limitations on the subject parcels, with the proposed CD-2 (CD-2, Commercial, Medium Intensity District) designation, the following would apply:
Sec. 142-306. - Development regulations.
The development regulations in the CD-2 commercial, low intensity district are as follows:
Maximum Floor Area Ratio
Sec. 142-307. - Setback requirements.
d) Mixed use buildings: Calculation of setbacks and floor area ratio:
(2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-2 district.
The maximum FAR for buildings in the CD-2 district is 1.5, unless the building is mixed-use, in which case, the FAR is guided by the maximum permissible FAR in the RM-2 district, which is the current designation of the site. Therefore, there is no change in the maximum F.A.R. by the proposed zoning map change.
As the proposed zoning change to CD-2 does not increase the established F.A.R. for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision.
Comprehensive Plan Issues
The total land area involved in this application is 57,661 SF (1.32 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.
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. The RM-2 future land use category allows a density of 100 units per acre. The proposed CD-2 designation allows for the same maximum residential density. Therefore a preliminary school concurrency review is not necessary.
Currently there is no proposal for redevelopment on the site. If there were a modification that established residential units, 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 March 28, 2017, the Planning Board transmitted the proposed Land Development Regulations Zoning Map and Comprehensive Plan Amendments to the City Commission, with a favorable recommendation. The Planning Board also endorsed the recommendation of staff pertaining to a separate, companion amendment to Sec. 142-309 of the City Code.
The proposed amendment to the Future Land Use Map of the City’s Comprehensive Plan and the change to the Zoning Map require that these amendments be processed together, as they are interrelated to one another; however, separate motions must be made for each application. The zoning change proposed would enable additional flexibility in the adaptive reuse of the existing buildings.
In reviewing and analyzing the proposed rezoning in more depth, planning staff identified some concerns as it pertains to the compatibility of future allowable uses. In this regard, while the enhancement of hotel accessory uses on the south side of the block will likely not present issues, the introduction of more intense, standalone uses within the proposed boundaries could create serious compatibility problems with existing established residential uses. In this regard, the Administration recommends that the proposal herein also include an additional text amendment to Section 142-309 of the City Code.
Specifically it is recommended that the Washington Avenue Development Regulations be clarified to include the boundaries of the proposal herein. Additionally, specific use and height limitations for the expanded boundary should be included, in order to safeguard existing residential uses within the boundaries, as well as adjacent and abutting residential uses.
Attached is a draft ordinance recommended for referral to the Planning Board. The following is an initial draft of the text of the proposed companion amendment:
Sec. 142-309. - Washington Avenue development regulations and area requirements.
The following regulations shall apply to properties that front Washington Avenue between 6th Street and 16th Street, including those properties between 6th and 7th Streets that may have frontage on Pennsylvania Avenue; where there is conflict within this division, the criteria below shall apply:
* * *
(7) For properties between 6th and 7th Streets that abut residential zoning districts, the following additional regulations shall apply:
a. The following shall be prohibited as a main permitted or stand-alone use:
i. Restaurants, cafes and/or eating & drinking establishments;
ii. Bars, Dance Halls, Open-Air Entertainment Establishments, Outdoor Entertainment Establishments and/or Entertainment Establishments;
iii. Alcoholic beverage establishments;
iv. Convenience stores, grocery stores and similar retail sales of food products;
v. Retail sales of alcoholic beverages for off-premises consumption;
b. The maximum height for new construction or additions shall not exceed the height specified in Sec. 142-306.
|The Administration recommends the following:
1. The City Commission approves the Land Development Regulations Zoning Map and Comprehensive Plan Amendments at First Reading and set a Second Reading Public Hearing for June 7, 2017.
2. The City Commission refer the attached draft ordinance amendment to Section 142-309, as noted in the analysis, to the Planning Board.
Commissioner Michael Grieco