LDR REZONING - 6881 INDIAN CREEK DRIVE:

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 6881 INDIAN CREEK DRIVE, FROM THE CURRENT ZONING CLASSIFICATION OF RM-1, “RESIDENTIAL MULTIFAMILY, LOW INTENSITY”, TO THE PROPOSED ZONING CLASSIFICATION OF TC-3, “NORTH BEACH TOWN CENTER RESIDENTIAL/OFFICE”; AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

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
Zoning / Site Data
Site Area: 11,751 SF / 0.27 acres
Existing Zoning Designation: RM-1, Residential Multifamily Low Intensity District
Proposed Zoning Designation: TC-3, North Beach Town center Residential/Office
Existing FLUM Category: Low Intensity Residential Multifamily Category (RM-1)
Proposed FLUM Category: North Beach Town Center Residential/Office (TC-3)
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 Zoning and Future Land Use 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.

City Charter Issues
The request for modifications to the Zoning Atlas is consistent with City Charter Section 1.03 (c), related to FAR, which partially states the following:

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.

Both the RM-1 and TC-3 zoning designations have a maximum F.A.R. of 1.25. As the proposed zoning change to TC-3 does not increase the established F.A.R. for the subject parcels, the requested amendment complies with the requirements of the referenced Charter provision.

PLANNING BOARD REVIEW
On February 28, 2017, the Planning Board transmitted the proposed Land Development Regulations Zoning Map Amendment to the City Commission, with a favorable recommendation.

SUMMARY
The proposed amendment to the Zoning Map is a companion to the amendment to the Future Land Use Map of the City’s Comprehensive Plan. The change requires 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 by these applications would enable the continued adaptive reuse of the existing buildings. The proposed zoning map change was approved at First Reading on April 26, 2017.