The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for October 18, 2017.

BACKGROUND

On May 17, 2017, at the request of Commissioner Joy Malakoff, the City Commission referred the subject ordinance to the Land Use and Development Committee and Planning Board for consideration and recommendation (Item C4C).

On June 14, 2017, the Land Use and Development Committee recommended that the subject ordinance be approved.

PLANNING ANALYSIS

In March of 2017, an entity controlled by North Beach Town Center Development, LLC (“NBTCD”) purchased all the sites owned by City National Bank.  These lots are south of 71^st Street, between Harding and Byron Avenues. NBTCD is now interested in developing a mixed-use project within the North Beach Town Center and has approached the City regarding exchanging various properties in the area to facilitate the development and provide municipal parking and workforce housing.

The City of Miami Beach (“City”) is the owner of two (2) properties located at:

1. 6995 Byron Avenue (Folio #: 02-3211-002-0950). This site, located at the southeast corner of Byron Avenue and 71^st Street, is 12,625 square feet (.29 acres) and is currently utilized as a surface parking lot (Lot P80), containing 30 parking spaces.

    

2. 6960 Harding Avenue (Folio #: 02-3211-002-0910). This site, located on the west side of Harding Avenue, mid-block between 69^th and 71^st Streets, is 18,750 square feet (.43 acres) and is currently utilized as surface parking lot (Lot P84), containing 53 parking spaces

    

   The above noted City owned properties are outlined in red, and identified as Numbers 1 and 2, on Exhibit “A” (Subject Sites) attached.

    

   North Beach Town Center Development, LLC ("NBTCD”) is the owner of five (5) properties located at:

    

1. 6957 Byron Avenue (Folio #: 02-3211-002-0990), consisting of 6,250 square feet (.14 acres).

2. 6965 Byron Avenue (Folio #: 02-3211-002-0970 / south half only), consisting of 6,250 square feet (.14 acres).

3. 6948 Abbott Avenue (Folio #: 02-3211-002-1010), consisting of 6,000 square feet (.14 acres).

4. 6956 Abbott Avenue (Folio #: 02-3211-002-1020), consisting of 6,000 square feet (.14 acres).

5. 6964 Abbott Avenue (Folio #: 02-3211-002-1030), consisting of 6,000 square feet (.14 acres).

    

   The above noted NBTCD owned properties are outlined in blue, and identified as Number 3, on Exhibit “A” (Subject Sites) attached hereto.  

    

   The City has received a proposed draft term sheet from NBTCD, for the exchange of the above referenced properties.  The Administration has met with representatives from NBTCD to discuss the proposed terms.

    

   NBTCD is proposing a mixed-use development including retail, office, residential and parking between Byron and Harding Avenues.  NBTCD has proposed to convey to the City a parking garage with at least 270 spaces, which would be located between Abbott and Byron Avenues.  Additionally, NBTCD and the City would explore building up to three (3) floors of workforce housing above the proposed parking garage. 

    

   In order to accomplish the proposed redevelopment, the following ordinances are proposed:

    

1. An amendment to the Comprehensive Plan Future Land Use Designation of the City-owned surface parking lots from Parking (P) to Town Center Core (TC-1); and
2.  A rezoning and of the City-owned surface parking lots from GU to TC-1.

The proposed changes are consistent with the North Beach Master Plan which recommends that the entire Town Center area be rezoned to TC-1. 

City Charter Issues

The request for changing the Zoning Map of the City is consistent 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 GU (Government Use District), the following applies:

Sec. 142-425. - Development regulations.

(a)  The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission.

Since the GU sites are adjacent to TC-1 districts, the GU regulations would conform to the TC-1 requirements.  Therefore, there is no change in the maximum F.A.R. by the proposed zoning map change.  As the proposed zoning change to TC-1 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 31,375 SF (0.72 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 P future land use category does not allow residential uses.  The proposed TC-1 designation allows for a maximum residential density of 150 dwelling units per acre.     

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 July 25, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.  The Planning Board also recommended that the re-zoning action be concurrent with final approval of the development agreement with North Beach Town Center Development, LLC (“NBTCD”).

The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for October 18, 2017.