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HomeMy WebLinkAbout2006-3539 Ordinance ORDINANCE NO. 2006-3539 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING SECTION 114-1, "DEFINITIONS," CLARIFYING THE MEANING OF "SITE;" AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," CLARIFYING THAT FLOOR AREA MAY BE DISTRIBUTED ON BLOCK 1 THROUGH COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach entered into a Settlement Agreement on July 28, 2004 with various entities known as the "Portofino Properties" and certain successors in interest that are part of the Related Group of Florida; and WHEREAS, the City Commission adopted Resolution No. 2004-25651 which approved a concept plan for various parcels in the South Pointe area including a parcel known as Block 1; and WHEREAS, the Concept Plan was formulated after an exhaustive public process which included citizen review and numerous public meetings and workshops through an ad hoc committee of concerned citizens and has also been reviewed by the City staff, the Planning Board, and the Design Review Board, all of whom have recommended approval thereof; and WHEREAS, the Concept Plan for the Block 1 Properties as that term is used in the settlement agreement and/or related documents, has been modified and the "Modified Concept Plan" has been reviewed by the City staff, the Planning Board, the Design Review Board, and citizens, all of whom have recommended approval thereof; and WHEREAS, the Modified Concept Plan has been approved by the City Commission through the adoption of Resolution No. 2006-26379 passed and adopted on thellthday ofOct9ber 2006; and WHEREAS, the developments on the Block 1 Properties contemplated by the Settlement Agreement and Concept Plan require certain changes to the City's Land Development Regulations; and WHEREAS, this Ordinance is being adopted to allow implementation of that Modified Concept Plan through the adoption of certain changes to the Land Development Regulations to permit the development contemplated in such Modified Plan to proceed; and WHEREAS, this amendment to the Land Development Regulations was not required by the Settlement Agreement but was independently determined and recommended appropriate for adoption by the City staff and the Planning Board, based upon public input after public hearing, following all requirements of procedural due process attendant thereto; and WHEREAS, the Property in Block 1 affected by this amendment is described in section 142-698(4) as follows: "The "Block 1 Properties" shall mean Lots 1-3, 5-13 (and alley adjacent thereto), 17, Block 1, Ocean Beach Florida, PB2, Pg38, Public Records of Miami-Dade County." NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Section 114-1, "Definitions," is hereby amended as follows: The following words, terms and phrases when used in this subpart B, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Site means a parcel of land considered as a unit, capable of being occupied by a use permitted in this subpart, possessing a continuous or unbroken boundary not divided by a public street, alley. right-of-way, private street, or waterway. Except for properties which are involved in the transfer of development rights where the site is that property within a project that has been approved under chapter 118, article V. * * * SECTION 2. Chapter 142, "Zoning Districts And Regulations", Article II, "District Regulations", Division 18, "PS Performance Standard District", Section 142-698, of the Land Development Regulations, is hereby amended to read as follows: Sec. 142-698. Commercial performance standard area requirements. * * * (d) Notwithstanding the above floor area ratio limits, 75 spaces of required parking located on Block 51 for the Retail Parcel pursuant to a covenant under section 130-36, shall not be counted as permitted floor area. Further, the floor area on the Block 51 Properties and the Block 51 Swap Property may be distributed among such properties by covenant in lieu of unity of title; and the floor area on the Block 1 Properties may be distributed among such properties within the block by covenant in lieu of unity of title. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or prOVISIOn of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 2 SECTION 5. CODIFICATION. It is the intention of the City Commission that this Ordinance be entered into the Code, and it is hereby ordained that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's Office. This Ordinance shall take effect ten days following ad MAYOR SECTION 6. EFFECTIVE DATE. PASSED and ADOPTED this 11 th day of Dc tober David Dermer ~rP~ {:ITY CLERK Robert Parcher First Reading: July 12,2006 Second Reading: October 11, 2006 APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION ~ Date Verified by: Underscore denotes new language T:\AGENDA\2006\oct1106\Regular\Proposed Block 1 Ordinance rev GH 101106.DOC 3 COMMISSION ITEM SUMMARY Condensed Title: An ordinance of the City Commission amending the City Code to clarify that floor area may be distributed on Block 1 throu h covenants in lieu of uni of title. Ke Intended Outcome Su orted: Increase satisfaction with development and growth management across the City. Issue: Should the City Code be amended to allow the requested changes to the Block 1 Concept Plan? Item Summary/Recommendation: On July 28, 2004, the City of Miami Beach entered into a settlement agreement with various entities known collectively as the "Portofino Entities" and certain successors in interest that are part of the Related Group of Florida. As part of this settlement the City Commission adopted Resolution No. 2004-25651 which approved a concept plan for various parcels in the South Pointe area including a parcel known as Block 1. This concept plan was formulated after an exhaustive public process which involved not only the Commission but the City's Planning Board, the Design Review Board and the participation of neighborhood representatives which became known as the Collaborative Process. TRG-Block One, Ltd., one of the entities as successor in interest to the original settlement, is requesting modifications to the Concept Plan. At the April 11, 2006, the City Commission discussed the request from TRG-Block 1, Ltd., regarding the previously approved Concept Plan. The request is summarized as follows: . Modify the Concept Plan for the area known as Block 1; . Initiate the necessary amendments to the City Code to effectuate the Modified Concept Plan; . Release of subsurface easement rights to the alley located in Block 1 for the purpose of creating certain underground improvements. This ordinance amendment is necessary in order to effect the proposed changes in the Modified Concept Plan to allow the transfer of FAR within Block 1. Adviso Board Recommendation: At its June 27, 2006 meeting, the Planning Board recommended approval by a vote of 4-0 (3 members absent. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: Ci Clerk's Office Le islative Trackin : Jorge Gomez or Tom Mooney or Gary M. Held, City Attorney's office n-Ofts: epartment Director t City Manager City Manager m ,..,. MIAMI BEACH AGENDA ITEM DATE R~(I_ /O-//-Oc, e MIAMI BEACH city of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM DATE: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ __ '----~ October 11, 2006 f () Second Reading AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING SECTION 114-1, "DEFINITIONS," CLARIFYING THE MEANING OF "SITE;" AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," CLARIFYING THAT FLOOR AREA MAY BE DISTRIBUTED ON BLOCK 1 THROUGH COVENANTS IN LIEU OF UNITY OF TITLE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. RECOMMENDATION TO: FROM: SUBJECT: Hold the second reading public hearing and then adopt the Ordinance. BACKGROUND On July 28, 2004, the City of Miami Beach entered into a Settlement Agreement with various entities known collectively as the "Portofino Entities" and certain successors in interest that are part of the Related Group of Florida. As part of this settlement the City Commission adopted Resolution No. 2004-25651, which approved a Concept Plan for various parcels in the South Pointe area including a parcel known as Block 1. This parcel is bounded by 1 st Street on the North, Ocean Drive on the East, Collins Avenue on the West and South Pointe Drive (Biscayne Street) on the South. This Concept Plan was formulated after an exhaustive public process that involved not only the Commission, but the City's Planning Board, the Design Review Board and the participation of neighborhood representatives, which became known as the Collaborative Process. Block 1 in particular had been the subject of many discussions relative to the height, massing and location of uses. Indeed, the City Commission, on July 7,2004, referred back to the Collaborative Process for further discussion the massing on Block 1 as well as the activation of the ground floor uses. At a July 12, 2004 meeting, neighborhood representatives participating in the Collaborative Process, provided comments that resulted in changes to the concept plan. The Concept Plan as adopted provides for the height limit to not exceed 40 ft. fronting the street (actual concept plan reflects approximately a 30 ft. height fronting the street) and stepping up to 75 ft. for that portion of the structure that provides a 20 ft. setback, above the 40 ft. height, from the property line. Commission Memorandum - TRG-Block One, Ltd. October 11, 2006 Page 2 of4 The Plan also reflects the block developed as three parcels: The South parcel, which includes the vacated portion of the alley, has retail/commercial uses fronting South Pointe Drive. Residential uses front Ocean Drive and Collins Avenue cladding a three story parking structure with one parking level below grade. An "L" shaped tower rises above the parking and pool deck area up to the maximum height of 75 feet. The Northeast parcel reflects residential uses and a lobby on the ground floor fronting Ocean Drive, a parking structure along the alley and a slender, six story tower rising up to the height limit of 75 feet. The Northwest parcel consists of a modest two and one half story residential building over a one story parking area. On July 12, 2006, the City Commission approved the ordinance on first reading (vote 6-0, Mayor Dermer absent). ANALYSIS TRG-Block One, Ltd., one of the entities as successor in interest to the original settlement, is requesting modifications to the Concept Plan as follows: South Parcel- Residential uses are removed from the ground floor of Collins Avenue with the exception of a recessed lobby entrance. The shape of the tower is changed into a "quarter circular" form. The parking structure is reduced by one floor, including one level below grade. A subterranean service tunnel below the alley connects the parking area to the Northeast parcel. Additionally, a pedestrian connector at the second floor over the Taverna Opa property connects this parcel to the Northeast parcel. Northeast Parcel- The gross floor area is increased by approximately 13,000 square feet. This floor area is a transfer of the development rights of the Northwest parcel. The resulting FAR for this parcel increases from 2.0to 2.75. The parking structure is expanded by adding a full subterranean level, connected to the South parcel as described above, and expanded across the alley to connect with a subterranean parking area below the Northwest parcel. The residential tower is increased in width to accommodate the expanded floor area. Northwest Parcel- The developable floor area of 13,000 square feet (lot area=6,500 x 2.0 FAR) is transferred to the Northeast parcel. A subterranean parking level is added and connects below the alley to the Northeast Parcel. At grade, the lot is developed as a green space / private park, with the necessary ventilation equipment for the garage below. On April 4, 2006, the Design Review Board approved a condo-hotel project that comprises the majority of the lots in Block 1, bounded by Ocean Drive, 1 st Street, Collins Avenue, and South Pointe Drive. The subject approval includes a subterranean parking garage, which will connect the parcels together below the shared alleyway, as well as an open park on the single lot located at the northwest corner of the block. An elevated bridge, connecting the two structures on the east side of the site, is proposed to span the site currently occupied by Taverna Opa Restaurant at 40 Ocean Drive. In light of the fact that an owners affidavit for the Taverna Opa property was not included in the application, the DRB continued this portion of the project to the May 2, 2006 meeting, in the Commission Memorandum - TRG-Block One, Ltd. October 11, 2006 Page 3 of4 event such connector bridge could not be approved by Planning Department staff. Prior to such meeting, however, the owners affidavit was provided to staff, and that portion of the project pertaining to the connector bridge was removed from the May 2, 2006 DRB agenda and approved by staff. On April 11, 2006, the City Commission discussed the request from TRG-Block 1, Ltd., regarding the previously approved Concept Plan. The request is summarized as follows: . Modify the Concept Plan for the area known as Block 1, which is bounded by 1 st Street on the north, Ocean Drive on the east, Collins Avenue on the west and South Pointe Drive (Biscayne Street) on the south; . Initiate the necessary amendments to the City Code to effectuate the Modified Concept Plan; . Release of subsurface easement rights to the alley located in the north half of Block 1 for the purpose of creating certain underground improvements. The proposed modification of the Concept Plan involves a transfer of development rights (TDR). It should be noted that there is a transfer of development rights provision in the City Code, which identifies specific transfer district and specific receiving district but never within the same district. With regard to a TDR, as part of the Portofino/Related settlement agreement, the City allowed a covenant in lieu of unity of title on Block 51 for the developer to share FAR from the south half of the block to the north half of the block, as well as an ordinance amendment dealing with Blocks 51 and 52 which allowed this. The same type of amendment is being proposed to add Block 1 to the category. After a long discussion regarding this matter the City Commission approved the plans for the south building on Block 1, and the vacation of the subsurface rights relative to the easement, subject to confirmation from Public Works that the area is not needed to run sewer utility lines. (Public Works has provided this confirmation.) The Commission deferred the approval of the amendment allowing the transferring of the development rights at that time to allow for the Collaborative Process and the Planning Board to discuss this matter. A meeting of the Collaborative Process was held on May 18, 2006 at 5:00 p.m. The following were some of the comments and concerns expressed by those present: . The fencing of the private open space may not be a good idea; however the Design Review Board requested that it be fenced in and locked at night as a safety and security measure for the neighbors to the south at 61 Collins Avenue. . Developer has no preconceived ideas about the open space and will acquiesce to City's needs. . There was a concern expressed about the increase of traffic on Ocean Drive. The developer and architect mentioned that the entrances to the underground parking lot are currently proposed on Collins Avenue and 1 st Street. Most likely Ocean Drive will not be impacted by any increase in traffic. . No concerns about the transfer of development rights; however most of the people present at the meeting agree and support the transfer of FAR. One person strongly objected because of the precedent it may establish. . Park maintenance and security must be ensured in legal documents. Commission Memorandum - TRG-Block One, Ltd. October 11, 2006 Page 4 0'4 At the May 23, 2006 Planning Board meeting, this item was presented for discussion purposes and comments from the Board. Comments on concept plan: . The required setback between new building and Taverna Opa should be respected and if there is some unused floor area, [its omission] would create a greater public benefit. . The new Concept Plan does not seem to be contextual to the urban fabric of the area; however there was not consensus on the part of the Board for this comment. . There should be a greater public benefit negotiated with the developer other than the open space being proposed. At a minimum some financial mechanism in perpetuity, such as a trust should be created independent of the developer, but funded by the developer, to ensure that this open space is adequately maintained and operated in a manner that enhances the public good. PLANNING BOARD ACTION By a vote of 4-0 (3 members absent), the Planning Board recommended to the City Commission that the Ordinance be adopted, subject to the concerns requested above about the setback with the Taverna Opa building, the greater public benefit being negotiated, and the financial mechanism in perpetuity to ensure the maintenance and operation of the open space. FISCAL IMPACT This ordinance is not projected to have any fiscal impact to the City. CONCLUSION The City Commission should hold the second reading public hearing and then adopt the Ordinance. It should be considered with the First Amendment to the Settlement Agreement and the Modification to the Concept Plan, which are also on this agenda. JMGfTH/JGG/GMH T:\AGENDA\2006\oct1106\Regular\TRG Block 1 ordinance Comm mem-101106 agenda rev.doc