Item Coversheet

Ordinances - R5  AA




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:July  26, 2017
 

5:08 p.m. First Reading Public Hearing

SUBJECT:

COLLINS AVENUE GU LOTS - CONCURRENCY EXEMPTION AND DEVELOPMENT WAIVER LDR AMENDMENTS:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 122, ENTITLED "CONCURRENCY MANAGEMENT," SECTION 122-5, ENTITLED "EXEMPTIONS FROM CONCURRENCY" TO ALLOW THE CITY COMMISSION TO WAIVE USES ON LOTS WITH A GU ZONING DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH STREET AND 87TH STREET FROM CONCURRENCY REQUIREMENTS BY RESOLUTION; BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS'', ARTICLE II, ENTITLED "DISTRICT REGULATIONS'', DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT," IN ORDER TO ALLOW THE CITY COMMISSION TO WAIVE DEVELOPMENT REGULATIONS FOR PRIVATE USES APPROVED BY THE CITY COMMISSION FOR A PERIOD OF 10 YEARS OR LESS ON GU LOTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for September 13, 2017.

ANALYSIS

BACKGROUND

On April 26, 2017, at the request of Commissioner Ricky Arriola, the City Commission referred the subject discussion item to the Land Use and Development Committee and the Planning Board (Item R9AG). 

 

On May 10, 2017, the Land Use Committee discussed the item and Recommend in favor of the proposal, with the removal of apartments from the proposed Comprehensive Plan amendment.

 

PLANNING ANALYSIS

The subject LDR amendments pertain to a proposal to create the ‘North Beach Yard’, which is a community based, culinary incubator. The endeavor has been put forward by the operator of the existing ‘Wynwood Yard’ in Miami, which is located in the Wynwood area and provides an open area for food trucks, as well as other community based activities such as gardens, music, yoga and performances.  The site identified for this concept in North Beach is located on the west side of Collins Avenue, between 81st and 82nd Street.  All of the City owned lots on the west side of Collins Avenue from 79th-87th Streets are zoned ‘Government Use (GU)’ and the future land use category is ‘Residential, Low Intensity (RM-1)’.

 

The following is a summary of the pertinent City Code amendments that are proposed:

 

City Code Development Regulations (LDR Chapter 142):

The proposal for the North Beach Yard could conflict with certain provisions of the Land Development Regulations of the City Code.  In order to address any inconsistencies with the LDR’s, rather than pursuing a number of single section ordinance amendments and variances, the attached text amendment to Sec. 142-425(d) of the City Code has been drafted.  This amendment would allow for the City Commission to grant waivers for certain private uses located on GU properties.

 

Currently, GU waivers are limited to government facilities/uses, cultural organizations and not-for-profits.  The proposed amendment would allow for private uses approved by the City Commission for a period of 10 years or less to be eligible for a City Commission waiver of development regulations, except for the historic preservation and design review processes. This amendment would also provide the City Commission with additional flexibility in the future.

 

 

Concurrency (LDR Chapter 122):

The proposal for the North Beach Yard would generate a concurrency requirement, which can only be satisfied by paying an expensive mitigation fee. Under Chapter 122 of the City Code, only very specific uses and areas of the City are eligible for concurrency waivers. The City Commission has recently amended this Chapter of the LDR’s to allow for concurrency waivers for sidewalk cafes in North Beach, as well as waivers for the North Beach Bandshell and the Botanical Gardens.

 

In order to address the aforementioned inconsistencies with the concurrency requirements of the code, the attached amendment to Chapter 122 has been drafted to give the City Commission the ability to waive concurrency requirements on the GU Lots located on Collins Avenue from 79th Street to 87th Street.  Assuming this ordinance amendment is adopted, a subsequent Resolution formally waiving concurrency requirements would still be required.

 

PLANNING BOARD REVIEW

On June 27, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.  

CONCLUSION

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for September 13, 2017.
Legislative Tracking
Planning
Sponsor
Vice-Mayor Ricky Arriola

ATTACHMENTS:
Description
Exhibit B - Map
Collins Ave GU Lots Concurrency Exempt, LDR Waiver
Ad