Justin Proffitt, AICP, Director of Community Development

Sharon Cino, Planning and Zoning Manager

Mario Duron, AICP, Associate Planner 

APPLICATION SUMMARY 

The applicant for the proposed development agreement on this agenda, Dezer Intracoastal Mall, LLC. requests the City of North Miami Beach to amend two sections of the Zoning and Land Development Code by amending Chapter 24, Article V "Zoning Use Distgricts" Section 24-58 "Mixed Use (MU) District" and Section 24-58.7 "Eastern Mixed-Use Waterfront District.  

 The applicant is requesting these amendments to provide consistency with the proposed Conceptual Master Development Plan. The proposed conceptual master plan provides improvements and features that are different than what was adopted by the City Commission in 2015.   It is important to note that none of these amendments propose to increase the residential density or nonresidential space adopted by the City Commission in 2015.  

The proposed zoning code amendments relate to the following issues, which will also be summarized more in depth in the attached staff report: 

Amendments that apply only to the applicant’s property and the MU/EWF District (Section 24-58.7 – Mixed Use Eastern Waterfront District)
• Regulating Plan adjustments to sub-area boundaries, street network, open space, building height configuration; 
• Ground floor active use requirements for a portion of the building façade along NE 35th Avenue;
• Changing Hotels from Conditional to Permitted Use;
• Increasing maximum parking limitation for 3 bedroom residential units;
• Removing duplicative language and scrivener’s errors in the existing code; 
• Increasing the maximum building length; 
• Increasing the maximum block size for the MU/EWF District.

Amendments that apply to ALL mixed-use districts Citywide (Sec. 24-58, Mixed Use Districts)
• Defining building story height limitations;
• Removing duplicative language and scrivener’s errors in the existing code. 

PLANNING AND ZONING BOARD RECOMMENDATION:

The Planning and Zoning Board met on July 13, 2020 and recommended APPROVAL of the Mixed-Use Waterfront District (MU/EWF) and Mixed-Use (MU) District Zoning Code Amendments by a vote of 5-2.

LEGISLATIVE UPDATE:
At their September 24th, 2020 meeting, the City Commission APPROVED the ordinance on first reading by a vote of 4-3. 

At the October 20, 2020 City Commission Meeting, the City Commission APPROVED the ordinance on second reading by a vote of 4-3. 

At the October 22, 2020 City Commission Meeting, Mayor Anthony DeFellipo made a motion to reconsider items 10.1 and 10.2 from the Commission meeting on October 20^th, 2020 “ Second reading of the text amendments to the Eastern Mixed Use Waterfront zoning district and the Intracoastal Mall Master Development Agreement”, to be heard in the soonest available meeting in November, at a special meeting, so as to permit appropriate notice, posting, and advertising.  Commissioner Phyllis Smith seconded the motion. The motion carried 7-0. 

COMMUNITY DEVELOPMENT RECOMMENDATION:

 Although staff is recommending approval for second and final reading, on October 30^th, 2020, the applicant provided correspondence notifying the City that they are not prepared to proceed to a public hearing on the merits of the application scheduled for November 10^th, 2020 and that instead they request that the matter be opened and then continued to a mutually agreed upon date in December 2020.