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08-24-2022 Special Workshop AgendaThe C' Y of City Commission Aven'tura Special Workshop CANCELED August 24, 2022 10:30 a.m. Aventura Government Center 51h Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 AGENDA 1. Call to Order/Roll Call 2. Discussion: Request for Executive Session (City Manager) 3. Discussion: Current Zoning and Development (City Man er) 4. Adjournment Back-up Information Exists This meeting is to the public n accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommo to parti * ate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901 or cityclerk@cityofaven later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. The C'ty of City Commission Aventura Special Workshop -' August 24, 2022 10:30 a.m. Aventura Government Center 5th Floor Executive Conference Room 19200 W. Country Club Drive, Aventura, FL 33180 AGENDA 1. Call to Order/Roll Call 2. Discussion: Request for Executive Session (City Manager) 3. Discussion: Current Zoning and Development (City Manager) 4. Adjournment * Back-up Information Exists This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901 or cityclerk@cityofaventura.com, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Agenda items are available online at cityofaventura.com for viewing and printing. Copies of agenda items can also be requested through the Office of the City Clerk at 305-466-8901 or cityclerk@cityofaventura.com. CITY OF "ENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson City Manager BY: Keven R. Klo pp Community Development Director DATE: August 19, 2022 SUBJECT: Workshop Discussion on Current Zoning and Development August 24, 2022 City Commission Special Workshop Agenda Item 3 SUMMARY Staff will describe several potential initiatives to prepare the City for current and future development and redevelopment. The list of initiatives has been gathered via individual input from the Mayor and Commissioners, as well as during discussions with representatives of the development community ATTACHMENTS The first attachment is a chart listing the potential initiatives. Each initiative has been categorized in terms of the level of effort required to implement (A=basic, B=moderate, and C= substantial). The initiatives in each category have been ranked in terms of their efficacy. Staff recommends proceeding now with 4 initiatives from category A, 2 from category B, and 1 from category C. The recommended initiatives are highlighted. Also attached is a brief commentary regarding each initiative. Aventura UPCOMING: Potential Next Steps Relative Level of Effort to Implement Basic LA Moderate (B) Substantial (C) Priority- 1 Relax restrictive language in the Comprehensive Plan Revise parking requirements Create an overlay plan for the area west of Biscayne Blvd. and Redevelopment Element south of NE 209 St. z Eliminate "Redevelopment Code" that creates 1 to 1 limitation Create overlay districts for RTZ and MUC Affordable Housing / Inclusionary Zoning Regulations on units and bedrooms 3 Floor Area Ration (FAR) adjustments Allow mixed and/or residential uses on or near Biscayne Blvd Create an overlay plan for Point East 4 Eliminate the 1 foot height per 2 foot distance limitation when Expand incentive zoning (like LEED -- for transportation and Transition to Form -Based Code business abuts residential park improvements) s Increase what is allowed by administrative variance Incorporate Live work units into code Transfer of Development Rights 6 Reduce minimum dwelling sizes Codify methodology for traffic studies 7 Revamp forms and procedures s Simplify unnecessarily complex code sections 9 Create overlay districts to align with opportunity zones 10 Allow non-use variances without hardship Recommended First Group Objective - Administrative priority regardless Al Relax restrictive language in the Comprehensive Plan Redevelopment Element Current: Comprehensive Plan Policy 1.3 - In order to minimize negative impacts to the City's infrastructure, traffic congestion, hurricane evacuation clearance times, and quality of life, the density and intensity of redevelopment shall be limited to reflect existing development patterns, in accordance with the Land Development Regulations. Proposed: Policy 1.3 - In order to ensure the City's infrastructure, mobility, hurricane evacuation clearance times, and quality of life are sustained, the City will support increases in density and intensity that encourage healthy redevelopment following thoughtful future development plans in accordance with the Land Development Regulations. (SHOWN AS CROSS-THRU/UNDERLINE: Policy 1.3 - In order to tive impacts to ensure the City's infrastructure, mobility 4aff"- eeRgestieR, hurricane evacuation clearance times, and quality of life are sustained, the City will support increases in t#e density and intensity 4 that encourage healthy redevelopment shall 1^10mi+^d+^ FP -fleet existi^^ following thoughtful future development plans in accordance with the Land Development Regulations. Comment: The entire Comprehensive Plan's Goals, Objectives, and Policies will be reviewed to determine if there are revisions, in addition to the one above, that should be included in a proposed amendment intended to encouraging positive redevelopment with reasonable increases in density and intensity. A2 Eliminate "Redevelopment Code" that creates 1 to 1 limitation on units and bedrooms Current: City Code Section 31-143 - .....Development of a parcel shall be subject to the Site Development Criteria set out in the zoning districts of this section. Subsequent redevelopment shall be limited to existing density and number of bedrooms..... Proposed: City Code Section 31-143 ..... Comment: Section 31-143 sets forth the City's Residential Zoning District Regulations. The entire section will be reviewed to determine if there are revisions, in addition to the one above, that should be included in a proposed amendment intended to encouraging positive redevelopment with reasonable increases in density and intensity. Fit] Floor Area Ration (FAR) adjustments This effort will involve a review of every reference to Floor Area Ratio in both the Comprehensive Plan and the Land Development Regulations. Example The B2 Zoning District currently contains the following limitation: "The floor area ratio shall be 0.40 at one story and shall be increased by 0.11 for each additional story....... The floor area ratio shall not exceed 2.0 for all buildings in this district." Because the height is limited to 12 stories, the highest achievable FAR without a Conditional Use, is 1.61. How the limitations listed above need to be adjusted to fulfil the County's new RTZ ordinance (SEE PAGE 8) will need to be determined. Proposed changes may include • revising the definition of Floor Area Ratio to be more beneficial • revising the way FAR is calculated and applied to be more beneficial • Eliminating the use of FAR in certain situations • Increasing the allowable FAR in certain situations Comment: This task may be divided into multiple efforts, addressing some items in the short term and taking a longer -term, deliberative approach to other aspects. • Some simple adjustments that can be made in how FAR is defined, calculated and applied. There may also be some simple adjustments in current FAR limitations that will be proposed. These revisions would take minimal effort. • A more significant task might involve substantial adjustments to FAR limitations, or even the elimination of FAR in favor of overlay districts - such as in the area south of the hospital — in order to accomplish similar intents via form -based codes A4 Eliminate the 1-foot height per 2-foot distance limitation when business abuts residential Current: City Code Section 31-144(C)5.b - ...That portion of a building or structure directly adjacent to and within 200 feet of any residential zone shall be subject to a height limitation of one foot for every two feet in distance from the residential zoned plot .... Proposed: Replace language above with the following:.... Where greater heights are immediately adjacent to existing residential development, such height shall be graduated by steps so that the part of the structure within 50 feet of the property boundary is no more than two stories higher than existing residential development... Comment: The current code section referenced above is specific to the B2 Community Business District. The intent was to ensure new business development would be compatible with adjacent residential areas as regards height. The somewhat conceptual mechanism is, in practice, more limiting than necessary and has unintended consequences when applied in various scenarios. The replacement language is more definitive. It requires a 50' buffer area between a substantially higher commercial building and existing adjacent residential buildings which are lower. Further comment: The current language and the proposed replacement language are examples of form -based code. The original was not definitive enough to describe specifically what the City wanted. 5 i PPL i Good form -based code can be expressed in a picture depicting specifically what the City seeks. rem Increase what is allowed by administrative variance. Current: Sections 14-115 and 31-76 of City Code provide staff with authority to grant variances in limited scenarios: • for setbacks, open space and parking only if — amongst other things — it's a direct result of a dedication of property • for setbacks, landscape buffers, driveways and architectural design standards only if associated with green building Proposed The community development director may grant administrative variances of up to 10 percent of any measurable requirement in the Land Development Regulations where there is a justifiable cause or reason; • A public hearing shall not be required • Contiguous property owners and other such interested parties shall be notified of a request for administrative variance and advised of the date after which a decision will be made • If a protest of the proposed administrative variance is received the variance shall be presented to the City Commission for review and action. Example: Lot Coverage Maximum = 40% With Administrative Variance, this could be increase to 44% (a 10% increase) Comment: This provision would provide the development community and the director with an additional tool to reach agreement on proposed projects without requiring a public hearing before the City Commission. How liberally or conservatively administrative variances would be granted by the administration would be very important. The change could, if handled too liberally, quickly lose its effectiveness by becoming, in effect, equivalent to a change in the code requirements. If conservatively granted, however, the provision could be a powerful tool for efficiently solving a dilemma in an unusual circumstance of little consequence to the general public but with big implications for the project. FXI Reduce minimum dwelling sizes in multi -family buildings Current: SQUARE FEET -- Minimum Dwelling Sizes in the City Code Efficiency 1 BR 2 BR 3 BR and so forth adding 150 800 900 1050 1200 Reductions in the minimum unit sizes are allowed by Conditional Use approval in Town Center 3 and Town Center 4 Proposed Efficiency 1 BR 2 BR 3 BR and so forth adding 150 600 700 850 1000 Conditional Use required to further reduce the minimum residential unit size regardless of zoning district Comment: This change would assist in • creating transit oriented residential development, • creating workforce housing • recognizing current trends toward more efficient living spaces • emphasize use of quality public and open spaces / social and recreational opportunities B1 Revise Parking Requirements Example 1— Hotels Current parking requirement: Hotels - One space for each sleeping room, plus 35% of the spaces for retail stores, offices, bars, restaurants 50% of the spaces for conference & meeting facilities, ballrooms, banquet halls, In comparison, hotel parking requirements in other south Florida cities are as low as 1 space for every 2 hotel units while still granting the similar or larger shared use reductions as our code offers. Example 2 —Shared Parking Current allowance: Applicant must petition the Director, including an independent parking study supporting the use of shared parking for the development In comparison, many cities have adopted standard shared parking allowances with generalized formulas applicable in most situations and supported by industry findings. Example 3 — Parking requirements for retail uses Current code: A bakery, a hardware store, an art gallery, a liquor store, a carpet & the store, and a pharmacy can each be located in the same shopping center — and each has a different parking requirement. The ratios vary by a long list of different uses, and many of today's uses aren't listed. In comparison, especially in cities that are "redeveloping", retail parking requirements are generalized and based upon the square feet of retail space overall. Comment: Whether a sweeping overhaul, a meticulous adjustment, or an effort somewhere in between, it will take time to prepare proposed changes to the parking code. To quickly work toward a rewrite, a consultant could be engaged to gather input, ascertain the concerns and priorities, and prepare a proposal. As an alternative, staff could make individual adjustments over time. 132 Create overlay districts for Regional Transit Zone and Municipal Urban Center RTZ A new County Ordinance calls for an amendment to the City's Land Development Regulations and/or Zoning Map. The Regional Transit Zone Ordinance requires certain development intensity standards be in place for properties within a half mile and a mile of County Designated SMART Plan Corridors, including the "Northeast" Corridor (Biscayne Boulevard/Florida East Coast Railway) which forms the City's western boundary. The City has until July 2024 to adopt a plan providing for the minimum intensity, Floor Area Ratio (FAR) to be allowed within the buffer area. City staff will draft an amendment to the Land Development Regulations with the intent of fulfilling the County requirement. Staff will coordinate with Planning Staff at Miami -Dade County to ensure the proposal fulfils the County requirement. The Floor Area Ratio adjustments listed in item A3 of this report could address this requirement. MUC The City's Comprehensive Plan indicates the existence of a Metropolitan Urban Center (MUC) at Aventura Mall where the Northeast Dade Transit Center is located. The County's Comprehensive Plan also indicates the existence of this MUC. There are no implementing regulations within the City of Aventura for the MUC. The County has adopted implementing regulations as relates to the Ojus area which is just to the west of the MUC in Aventura. Staff intends to develop implementing regulations for the MUC within Aventura. This will be done in conjunction with the property owners that would benefit from the greater zoning allowances such regulations would provide. Comment: Overlay zoning district regulations might be the most expedient way to address the related but separate efforts listed above. However, there may be other mechanisms that would help to implement the City's redevelopment vision for the transit corridor and its core. B3 Allow mixed and/or residential uses on or near Biscayne Blvd. In the 25 years since the City first adopted its own land development regulations, a series of "Town Center" Zoning Districts have been created (TC 1-4). These zoning districts allowed mixed uses that previously could not be developed. The County's RTZ policies and codes stop short of mandating that residential uses allowed within the corridor, but the implication of the MUC requirements is that the allowance of residential use at or near Aventura Mall, the Brightline Station, and the Transit Center is expected. Rather than the continuing the practice of creating new Town Center Zoning Districts and rezoning properties to facilitate mixed use, the Land Development Regulations could be amended to allow for such projects. Staff will evaluate different mechanisms for allowing mixed use on or near Biscayne Blvd. and present the recommended method to the City Commission. B4 Expand incentive zoning (like LEED -- for transportation and park improvements) Recent developments requiring City Commission approval have, as a practice, agreed to contributions in support of the City's FreeBee mobility service. The willingness of the developer's whose projects are impacting the City can be codified as incentives. Example Buildings that achieve LEED Gold or Platinum can exchange green rooftop amenities for increase lot coverage. They also may be granted, as a conditional use, an FAR of 2, regardless of building height. Similar incentives can be created via revisions to the Land Development Regulations providing greater development parameters 1135 Incorporate Live work units into code The recently created TC4 Zoning District allows Live Work Units. The Aventura Corporate Center project includes a Live -Work Building. Whether or not to expand the allowance to other areas/zoning districts will be analyzed. Section 31-145(e)(4)n. of City Code sets forth 10 standards for Live -Work units to ensure compatibility. B6 Codify methodology for traffic studies Current process results in time consuming and expensive iterative communication between the City's consultant and the traffic engineering consultant for a proposed development. The envisioned process would define the expectations as a standard. In order to avoid an impractical "one size fits all" requirement, a tiered approach would be developed whereby larger projects would have more robust requirements. The tiered approach would be tailored to Aventura's conditions. It would be prepared by our traffic consultant. B7 Update and improve forms and procedures for efficiency and clarity The application requirements, forms, and procedures have been the same since the City's incorporation. First, they should be updated to the actual processes employed. Second, they should facilitate digital submittal. Making the cost of development applications more equitable is a broader proposal that might be prudent to do when updating the forms and procedures. A cost recovery method whereby the applicant pays the City's review costs as they are incurred will be explored. The utilization of consultants to review projects will be improved. This does not necessarily mean an increase or decrease in their involvement — it means utilizing them in a way that is efficient and effective. Currently some processes are more time consuming and costly than the benefit of the review justifies. B8 Simplify unnecessarily complex code sections This will involve a thorough review of the Land Development Regulations and a thoughtful proposal for improving it. A consultant may be engaged to facilitate this work. B9 Create overlay districts to align with opportunity zones This could involve, for example, an allowance for increased FAR in strategic locations to incentivize redevelopment in areas identified as most in need of investment. B10 Allow non-use variances without hardship This would address the current reluctance of applicants have to applying for a variance because of litigious risk. C1 Create an overlay plan for the area west of Biscayne and south of NE 209 St. Encourage mixed use development on assembled parcels rather than by -right -development without forethought. C2 Affordable Housing / Inclusionary Zoning Regulations This topic has potential for incentive zoning, to help solve an issue, meet county requirements. C3 Create an overlay plan for Point East Provide clarity of City's vision C4 Transition to Form -Based Code Less focused on details and regulation of uses, more focus the on physical environment created. C5 Transfer of Development Rights Gather up the development rights from smaller, undeveloped parcels and transfer them to one larger parcel.