NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY COMPREHENSIVE PLAN AMENDMENT:

AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED “FUTURE LAND USE ELEMENT;” “OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS,” AT POLICY 1.2, TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES LOCATED IN THE NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25 TO 2.75 FOR TOWN CENTER CORE CATEGORY (TC-1), FROM 2.0 FOR THE TOWN CENTER COMMERCIAL CATEGORY (TC-2), FROM 1.25 FOR THE TOWN CENTER RESIDENTIAL OFFICE (TC-3), AND FROM 2.0 FOR THE PUBLIC FACILITY: GOVERNMENTAL USES (PF) FUTURE LAND USE DESIGNATIONS; AND DESIGNATING THE NORTH BEACH TOWN CENTER REVITALIZATION OVERLAY FOR THE PROPERTIES GENERALLY LOCATED BETWEEN 72ND STREET TO THE NORTH, COLLINS AVENUE TO THE EAST, 69TH STREET TO THE SOUTH, AND INDIAN CREEK DRIVE/DICKENS AVENUE TO THE WEST ON THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

HISTORY
On September 2015, at the recommendation of the Mayor’s Blue Ribbon Panel on North Beach and after an appropriate Request for Qualifications had been issued, the City Commission entered into an agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach district of the City.

On October 19, 2016 and pursuant to City Resolution No. 2016-29608, the Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl and Partners Inc. The North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning districts (TC-1, TC-2, and TC-3).

Pursuant to Resolution No. 2016-29608, the following ballot question was submitted to the City’s voters:

FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR

Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the TC-2 district; and from 1.25 for the TC-3 district?.

On November 7, 2017, the ballot question was approved by 58.64 percent of the City’s voters.

On January 17, 2018, at the request of Vice-Mayor John Aleman, the City Commission referred the proposed ordinance to the Planning Board (Item C4 F).

PLANNING ANALYSIS
While much of the City of Miami Beach has experienced redevelopment and revitalization, the North Beach area has seen little investment over the last several decades. In order to encourage the revitalization of the North Beach area, the City Commission hired Dover, Kohl, and Partners, Inc. to prepare a master plan for the North Beach area. Based on significant public input, the Master Plan identified the North Beach Town Center area as being in need of redevelopment and revitalization. Additionally, it’s well buffered location from lower scale neighborhoods to the north and proximity to high density areas to the east make the area able to accommodate higher intensity development.

As a result of this, the North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning districts (TC-1, TC-2, and TC-3). The goal of the recommendation is to enable the design and construction of larger buildings within the Town Center, and to encourage the development of 71st Street as a “main street” for the North Beach area. It is the expectation that the higher FAR will allow for development that will create a critical mass of people, enabling a mix of residential and commercial uses that better service the North Beach community as a whole.

In order to accomplish the above stated goals, the proposed Comprehensive Plan amendment designates the North Beach Town Center Revitalization Overlay on the Future Land Use Map. The boundaries of the Overlay are consistent with the boundaries identified in the referendum (See the Aerial map attached). The ordinance provides that the FAR in the TC-1, TC-2, and TC-3 future land use categories located within the boundary have a consistent FAR of 3.5.

It is anticipated that the proposed increase in FAR will incentivize appropriate and pedestrian oriented new development in the North Beach Town Center area. As shown on the Unified Land Ownership map attached, significant properties have already been consolidated, making it likely that new development will follow upon adoption of the new FAR. It is expected that new development will be of a mixed-use nature that will allow for increased pedestrian activity in the area and the ability for residents to live, play, and work in the same area.

Additionally, On December 13, 2017, at the request of Commissioner Ricky Arriola, a related discussion pertaining to the FAR increase for the Town Center district was referred to the Land Use and Development Committee (LUDC). The referral is to develop a comprehensive planning strategy for the Town Center area approved for an FAR increase. A separate overlay ordinance to implement this strategy is currently being discussed by the LUDC. This overlay will provide more up to date regulations for the area and create a better framework for properties to utilize the increased FAR.

City Charter Issues
The request for increasing the FAR for the North Beach Town Center Area is affected by 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.

The proposed ordinance would increase the zoned floor area ratio to 3.5 for all areas in the district and as a result required a general referendum. The following question was submitted to the electors of the City of Miami Beach:

FAR Increase For TC-1, TC-2 and TC-3 to 3.5 FAR

Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC-1 district; from 2.0 for the TC-2 district; and from 1.25 for the TC-3 district?

On November 7, 2017, the referendum was approved by 58.64 percent of the voters. Therefore the ordinance can be considered for adoption by the City Commission.

Comprehensive Plan Issues
This application includes a text amendment to Policy 1.2 of the Future Land Use element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31 days after it is adopted if there are no appeals.

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 proposed amendment will not increase the maximum residential density within the affected area.

For any increase in established residential units, final site plan approval is contingent upon meeting Public School Concurrency requirements and any 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
The Planning Board is scheduled to review and transmit the proposed Ordinance Amendment on February 27, 2018. The Administration will advise the City Commission of the Planning Board recommendation at First Reading.

UPDATE

The subject Ordinance was approved at First Reading on March 7, 2018 and transmitted to the applicable regulatory review agencies for comment. The only significant comment was received from the South Florida Water Management District.  Specifically, the District has offered the following comments and has requested that the City address these prior to adopting the amendment:

• The amendment should be revised to include an analysis that demonstrates that the City will have the ability to provide the water for the increased water demand.

• Revise the proposed amendment to demonstrate how water conservation measures will be utilized to support the anticipated redevelopment of the Overlay Area. Include how conservation measures could be utilized for non-potable water uses, including water for landscape irrigation.

• The City is required to revise its Water Supply Facilities Work Plan (Work Plan) within 18 months after approval of the Lower East Coast (LEC) Water Supply Plan Update by the District’s Governing Board. The District’s Governing Board approved the LEC Water Supply Plan Update on September 12, 2013. Therefore, the City’s Work Plan was to be adopted by March 12, 2015; however, the District has not received the updated Work Plan for review to date. The City will need to include updated water demand projections for the identified planning period, identify alternative and traditional water supply projects, and conservation and reuse activities needed to meet the projected future demands.

The City has prepared the attached response to the District, addressing the above noted comments. Based upon the attached response, the Administration believes that the Comprehensive Plan Amendment may move forward for adoption.