Item Coversheet

Ordinances - R5  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:May  17, 2017
 

10:10 a.m. Second Reading Public Hearing

SUBJECT:

COMPREHENSIVE PLAN AMENDMENT - 6881 INDIAN CREEK DRIVE:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3184(3), FLORIDA STATUTES, TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED AT 6881 INDIAN CREEK DRIVE, FROM THE CURRENT DESIGNATION OF RM-1, “RESIDENTIAL MULTIFAMILY, LOW INTENSITY,” TO THE PROPOSED DESIGNATION OF TC-3, “NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE”; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends that the City Commission adopt the 2025 Comprehensive Plan Future Land Use Map Amendment.

ANALYSIS

BACKGROUND
On September 14, 2016, at the request of the Commissioner Ricky Arriola, the City Commission referred the item to the Land Use and Development Committee (LUDC) and Planning Board (Item C4 L).

On September 21, 2016, the LUDC recommended in favor of the proposed comprehensive plan amendment and LDR amendment, including required map amendment.

PLANNING ANALYSIS

Future Land Use / Site Data
Site Area: 11,751 SF / 0.27 acres
Existing FLUM Category: Low Intensity Residential Multifamily Category (RM-1)
Proposed FLUM Category: North Beach Town Center Residential/Office (TC-3)
Existing Zoning Designation: RM-1, Residential Multifamily Low Intensity District
Proposed Zoning Designation: TC-3, North Beach Town center Residential/Office
Existing Land Uses:
North: 69th Street//Multifamily Building
East: Byron Avenue/ Multifamily Buildings
South: Indian Creek Drive
West: Indian Creek Drive/Police and Fire Stations

The Proposal
Currently, the property located at 6881 Indian Creek Drive has a Future Land Use and Zoning Classification of RM-1 (Residential Multi-Family, Low Intensity). See attached map. The proposal is to change the designation to TC-3. The properties immediately to the north have the TC-3 designation, so this would be an extension of that district. The RM-1 and TC-3 designations allow for development of similar scales, so any future development would be compatible with the RM-1 districts to the east.

The TC-3 classification is a low intensity district that, in addition to the currently permitted residential uses, also allows for office and hotel uses, subject to conditional use approvals, which may assist in improving the economic conditions of the neighborhood and provide services to surrounding residents. In addition, the existing uses within the subject property are consistent with the proposed designation.

The TC-3 district also allows for limited neighborhood oriented retail and services, and small cafes as a conditional use, subject to Planning Board approval. Since the subject block proposed for rezoning is separated from adjacent RM-1 parcels by a street, the introduction of these limited non-residential uses, with Planning Board oversight, is not expected to have adverse impacts, if they should they be proposed in the future.

Comprehensive Plan Process
The total land area involved in this application is 0.27 acres (11,751 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. The RM-1 future land use category allows a density of 60 units per acre. The proposed TC-3 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 February 28, 2017, the Planning Board transmitted the proposed Comprehensive Plan Future Land Use Map Amendment to the City Commission, with a favorable recommendation.

SUMMARY/UPDATE
The proposed amendment to the Future Land Use Map (FLUM) of the City’s Comprehensive Plan has a companion Zoning Map amendment. These amendments must be processed together, as they are interrelated to one another; however, separate motions must be made for each application.

 

The proposed FLUM amendment was approved at First Reading on April 26, 2017.


CONCLUSION

The Administration recommends that the City Commission adopt the 2025 Comprehensive Plan Future Land Use Map Amendment.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola

ATTACHMENTS:
Description
Ordinance
Ad
Exhibit B - Location Map
Proposed FLUM
Existing FLUM