HomeMy WebLinkAboutfinal reportTo: Honorable Mayor and Members Date: April 26, 2004
of the City Commission
Subject: Transmittal of SD-9 Biscayne Boulevard Report for Special Commission
Meeting of April 29, 2004.
The attached is a copy of the Final Report and recommendations prepared by the Planning
and Zoning Department regarding the SD-9 Biscayne Boulevard Zoning Amendment
This is being transmitted to you as additional back up for the Special City Commission of
April 29, 2004.
SD-9 Biscayne Boulevard North Overlay District
Final Report And Recommendations to City Commission
for Special Meeting of April 29, 2004
RECOMMENDATION:
Based on the report below, the Planning and Zoning Department respectfully
recommends the following course of action to the City Commission:
1. Proceed with adoption (on second reading) of the new SD-9 Ordinance that
mandates height limits of 85 and 95 feet (as written), with the following (more
liberal) changes to be made on the floor at second reading:
a) increase the allowable height to 120' for the two areas located along the
west side of Biscayne Boulevard as described in the report below (i.e. the
mega -block located on the west side of Biscayne Boulevard from NE 39th
Street up to a line which runs in a westerly direction from the southerly
right-of-way line of NE 50th Terrace, as extended to the west; and the 79th
Street area, located along the west side of the Boulevard from 79th Street
in a northerly direction to the city limits.
b) allow properties with an SD-9 designation that are over 150 feet in depth
(as measured from Biscayne Boulevard) a maximum height of 120 feet,
even if they are adjacent to R-1 or R-2 zoning, only if such depth is
sufficient to provide a maximum height of 25 feet at the rear of the
property with a 45 degree angle height limitation (from a height of 25 feet
at the rear and sloping towards Biscayne Boulevard - see sketch).
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2. File for Planning Advisory Board consideration, an immediate amendment to
consider the following (more restrictive) amendments:
a) For SD-9 properties which abut an R-1 or R-2 District, institute a 25 foot
height limit at the rear of the property (instead of the 40 proposed) from
which buildings have to be located under a 45 degree angle height from
that line. (See sketch); this will specifically reference that Biscayne
Boulevard shall be considered the front.
b) For SD-9 properties which abut R-3 or more liberal districts, amend the
rear height limitation so that buildings have to located under a 45 degree
angle height as taken from the 40 foot height limit at the rear (instead of
the current approximately 60 degree requirement); this will also
specifically reference that Biscayne Boulevard shall be considered the
front. (See sketch).
c) Amend parking requirements to institute parking reductions for adaptive
reuse of existing structures and for restaurant and retail uses within mixed
use structures.
3. Instruct the Planning and Zoning Department to work with a consultant to write a
voluntary TDR Ordinance for the area as a pilot project with a six month period in
which to come back to the City Commission with either an ordinance or a report.
Background
• The Committee met for the first time on March 24, 2004. General discussion
about mission and parameters for making recommendations to the Planning
Director were discussed. Presentations on issues involving Private Property rights
Act and Transfer of Development Rights (TDRs) were set up for the following
meeting.
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• The Committee next met on March 30, 2004. The Committee listened to the
presentations that were made and selected those portions of the Boulevard that
should be looked at more closely for consideration of a 40 foot height limit with
TDRs. It was agreed that higher limits were appropriate for certain segments.
These segments were: the "mega -block" — i.e. west side of Biscayne Boulevard
from approximately NE 39th Street to approximately NE 50th Street; and the west
side of Biscayne Boulevard from the 79th Street Biscayne Shopping Center area
north. The blocks identified as being candidates for lower heights were referred
to an architectural subcommittee for more specific review and recommendations.
• The architectural sub -committee met on April 6, 2004. A quick study was done
of the block segments which were selected as the blocks to be protected because
of their proximity to "R-1" and "R-2" zoning classifications (which carry with
them a 25 foot height restriction).
• It was determined that if a 40 foot height limit was placed on these blocks, the
resulting FAR which would have to be made eligible for transfers under a
Transfer of Development Rights (TDR) Ordinance could be approximately 1
million square feet or more. It was also found that the 40 foot height limit
recommended was not as workable as 50 feet in order to accommodate required
parking.
• It was found that the approximately 1 million square feet of transferred
development rights would no be able to be accommodated solely on Biscayne
Boulevard without seriously impacting the lower density envisioned for the
Boulevard by the Biscayne Corridor study. With other height limitations as
maximums, there may be insufficient ability to use the 1 million square feet and
this could jeopardize the ability of the TDR to be effective.
• It was found that certain segments of the remaining blocks (not abutting "R-1" or
"R-2" zoning — and located in areas of the Boulevard where the character was
more intense) should be allowed additional height (beyond the suggested 85'-
95'). These segments were: the "mega -block" — i.e. west side of Biscayne
Boulevard from approximately NE 39th Street to approximately NE 50th Street;
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and the west side of Biscayne Boulevard from the 79th Street Biscayne Shopping
Center area north. The proposed height was 120 feet.
• It was found that rather than the 40 foot height limit at the rear of the properties,
with the required step -back toward the boulevard; a 25 foot height limit with a
required 45 degree step back would better protect the light and air flow to the
abutting residential properties and neighborhoods.
• The following alternatives were discussed as recommendations to consider; they
are ranked in order:
1. Proceed with the new SD-9 Ordinance that mandates height limits of 85
and 95 feet (as written), with the following changes: 1) increase the height
to 120' for the two areas described above (the mega -block and the 79th
Street area); and 2) institute a 25 foot height limit at the rear property line
(instead of the 40 proposed) from which buildings have to be located
under a 45 degree height from that line. (See sketch).
o Enact a TDR Ordinance that limits the height of the "protected" blocks to
50 feet (5 stories), with an 85'-95' height limit for the rest of the
Boulevard — except the mega -block and the 7961 Street segment described
above, which should be allowed 120 feet in height — and then allow TDR's
onto the 85'-95' segments (recipients) up to a maximum height of 120
feet. This option includes the 25 foot height limit at the rears with the 45
degree angle height limit.
• A third option was placed on the table for discussion which was essentially the
TDR option described above, however, recommends that the rest of the city be
included as "recipients" of the projected TDRs. This option is not being
presented for official consideration yet since it involves other Commission
districts and has not yet been fully studied for impact.
• The final meetings were used to discuss all of these options.
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PROPOSAL
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40'
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REAR HEIGI-IT LIMITATIONS
ILLUSTRATIVE CROSS SECTIONS - 4/19/2004
100 FEET DEPTH
150 FEET DEPTH
ON FOR REAR OF BUILDINGS
63 ° AND 10 FEET SETBACKS
EXISTING REGULATIONS
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SETBACKS
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