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2001-24590 RESO RESOLUTION NO. 2001-24590 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY KNOWN AS THE "ALASKA" PARCEL, A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 3.4 ACRES, LOCATED NORTHWEST OF SOUTH POINTE PARK, FROM THE CURRENT MR, MARINE RECREATIONAL, TO THE PROPOSED FUTURE LAND USE CATEGORY CPS-3, COMMERCIAL INTENSIVE MIXED USE. WHEREAS, the property owner filed an application to amend the Official Zoning Map of the Code of the City of Miami Beach for the "Alaska" parcel; and WHEREAS, the Planning Board reviewed this application during a public hearing on September 6,2001; and WHEREAS,the Planning Board reviews amendments to the Zoning Map in an advisory capacity to the City Commission; and WHEREAS, to enable the City Commission to hold a public hearing on the proposed amendment in a timely manner at its October 17, 2001 meeting, the Administration is requesting that the public hearing be set at this time; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider the amendment to the Official Zoning Map of the City of Miami Beach, as described above, is hereby scheduled on October 17, 2001 in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of the public hearing at which time all interested parties will be heard. PASSED and ADOPTED this 20th day of September tJ/J MAYOR ATTEST: _~r r~ CITY CLERK APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION ~ ~- , ).-01 Date F:IPLAN\$PLBICCMEMOS\200111506RESO.WPD City of Miami Beach Planning Board Staff Report and Recommendations FROM: Chairperson and Members Planning Board Jorge G. Gomez, AlCP .J!j-- Planning Director September 6, 2001 TO: Subject: File No. 1506 Consideration of an application to amend the Official Zoning Map of the City of Miami Beach referenced in Section 142-72 of the city code by changing the zoning classification for the property known as the Alaska Parcel. The applicant, East Coastline Development, Ltd., 404 Washington Avenue, suite 120, Miami Beach, Florida, is requesting to amend the Official Zoning District Map, referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by changing the Zoning District classification for the property known as the Alaska Parcel, a parcel of unplatted land of approximately 3.4 acres, located northwest of South Pointe Park, from the current Zoning District classification MR, Marine Recreational, to the proposed Zoning District classification ofCPS-3, Commercial, Intensive Mixed Use. BACKGROUND After a discussion and advise from the City Attorney's office, this item was continued at the August 28, 2001 to a date and time certain of September 6, 2001 at 3:00 p.m. in the City Commission Chambers. The applicant originally submitted the subject application several months ago. The City Code requires that any proposed zoning map change for a parcel of land that encompasses less than ten contiguous acres, be noticed by mail at least 30 days before the public hearing date, to all property owners within a 375-ft radius of the subject property. The first required notice scheduling the public hearing for the June 2001 meeting of the Planning Board was deficient in that the FAR for the proposed change was listed wrong. Because of the 30-day notice requirement, this application could not be heard until this meeting. Shortly after the applicant submitted the application, staff requested a plan that would show a concept of the proposed development for the site. The attached site analysis was delivered a few days ago. This site analysis is fairly comprehensive in that it shows the approved development projects under the approved Porto fino DRI and other existing built and/or approved developments. It should be noted that the area east of Washington Avenue and north of South Point Park, where the Porto fino Tower, South Pointe Tower and the future Continuum development project are located, is not part ofthe Porto fino DRI and is subject to the R-PS4 zoning district regulations. Planning Board File No. 1506 - "Alaska" parcel - zoning map change August 28, 2001 Page 2 HISTORY The southern portion of Miami Beach extended south to what is today Fisher Island. In the early 1900s, the federal government dredged a cut through the narrow isthmus in order to create an access from the Atlantic Ocean to the mainland of Miami-Dade County, hence "Government Cut." The federal government retained control of the land on the north and south of the Cut for maintenance purposes until it was declared surplus and deeded the parcels known as South Pointe Park and "federal triangle" in 1979 to the City, with a restriction that it be used for park or public recreational purposes only and subject to a 50-foot easement in perpetuity for channel maintenance. Any changes to the stipulations of the deed have to be by mutual consent between the U.S. Department of Interior and the City. The land known as the "Alaska" parcel was part of the federal government land reservation. The government deeded this parcel to the Cook Inlet Region, Inc. of Alaska at the time the Alaskan oil pipeline was being constructed. In the early 1970s, City government created the South Shore Redevelopment Agency in an effort to reverse the economic and physical decline of the area south of 5th Street. However, in 1983, due to a lack of progress with the revitalization plan, the Mayor's Ad Hoc Committee on Planned Area Development for South Shore was established and a new South Shore Revitalization Strategy was prepared and adopted by Ordinance No. 84-2403 on February 15, 1984. One of the concepts envisioned in the South Shore Revitalization Strategy, among others, was that the area be a tourist- oriented neighborhood along the ocean and bay with a residential neighborhood in the interior area and public access to the bay and ocean through a 50-foot pedestrian and bicycle path along the shoreline, which would also connect with the South Beach area. The zoning map at that time showed the U.S. Government reservation classified as MR marine recreation, and the area from 5th Street south to Biscayne Street, west of Alton Road, along the waterfront was classified MU government use. The Land Use designation and the Zoning district classification for the "Alaska" parcel, as well as the adjacent and surrounding areas are detailed in the chart below. The marine recreational zoning district remains a more compatible use as it relates to the surrounding and adjacent area of marina use, residential and open space park. ZONING AND SITE DATA Zoning Classification: MR, Marine Recreational Land Uses: The "Alaska" parcel is adjacent to Government Cut on the south; South Pointe Park, immediately adjacent to the east; the city-owned park parcel known as the Federal Triangle to the northwest; Porto fino Tower and South Pointe Tower to the northeast; and the "Hinson" parcel immediately adjacent to the north. The "Alaska" parcel is also designated MR in the Future Land Use Map. Planning Board File No. 1506 - "Alaska" parcel - zoning map change August 28, 2001 Page 3 Zoning History ofthe "Alaska" parcel Vear Zoning District Area Use District Adjacent Use Districts Regulations 1934 - Zoning District I - No restrictions - BG - Business - Unrestricted BC - Business - Mostly industrial Ordinance No. adjacent to District 19 which uses 289 establishes required setbacks (Only Federally-owned land had such designation) BE - Business - includes (Only Federally-owned land had substantial # of marine uses. such designation) 1936 - Same as Same Same Same as above. In addition, above BB - warehouses, gas or oil stations, fish markets and similar uses. RE - multiple family dwellings 1939 - Same as Same Same Same above 1941 - 1949 Same Same Same Same as above 1951 - Same as Same Same Same as above. In addition, BA above category introduced in what is known today as the Hinson parcel - uses include bathing casinos, theaters, post offices, and storage of vehicles above the ground floor with access through an alleyway. 1953 - Same as Same Same Same as above. In addition, two above city parks appear north of federal lands. 1955-1961 - Same Same Same Same as above 1971 - Ord. No. This ordinance changed district Permitted uses included marine To the north, where the marina is 1891 designation to MR Marine recreational-type uses including presently located, designation is Recreational District, a waterfront marine motor service, storage and MU Municipal uses; C-5 General district designed to acconunodate similar Business to the northwest and recreational boating activities and northeast; and C-6 Intensive services; also the pennitted uses, Conunercial (Industrial District) to and development regulations were the north included; i.e., max. height 30 ft., max. lot coverage 30% Planning Board File No. 1506 - "Alaska" parcel - zoning map change August 28. 2001 Page 4 Year Zoning District Area Use District Adjacent Use Districts Regulations 1983 - Same as Same Same Same above 1989 - Ord. No. The district purpose remains the The main pennitted uses were CPS (commercial) and RPS 89-2665 same; Development regulations more defmed and expanded to (residential) for the district now include a base include marina, boat docks, piers, FAR of 0.25 with a max. FAR wi etc. for non-commercial or bonuses of 0.75. The max. height commercial vessels and related increased to 40 ft. There is a upland structures; aquariums, required setback facing any body restaurants, commercial uses of water to be 50 feet. This ordinance also establishes the PS Performance Standard District for the Redevelopment area (south of 5th Street) 1997 - Ord. 97- This ordinance establishes the total Same Same 3097, which nwnber of stories pennitted in the amends MR district. comprehensive Ord. 89-2665 1998 - Ord. 98- This ordinance eliminates the FAR Same Same 3107, which bonuses and limits development in amends all zoning districts to the base FAR comprehensive already established. Ord. 89-2665 1998 - series of 1. Lowering of the F ARs and the Same Same ordinances modifYing the maximum height amending the and nwnber of floors restrictions City Code that for development throughout most begin the of the City. downzoning process 2. Zoning Map changes which throughout the reclassify several properties south City of Biscayne Street, with the exception of the Portofino DR! properties REVIEW CRITERIA In reviewing a request for an amendment to the Zoning Map designations, the board shall consider the following when applicable; Planning Board File No. 1506 - "Alaska" parcel- zoning map change August 28. 2001 Page 5 1. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. Not Consistent - The proposed change would not foster the goals to develop the City in an appropriate manner. Policy 1.1 of the Future Land Use Element of the Comprehensive Plan states that the land development regulations should regulate the use of land to ensure the compatibility of adjacent land uses. Moreover, the proposed change is not consistent with several of the objectives of the Conservation/Coastal Zone Management Element. Objective 3: Water-Dependent and Related Uses states that the amount of shoreline devoted to water-dependent and water-related uses shall be maintained or increased without creating a negative environmental impact. Objective 4: Hurricane Evacuation, requires that the time period needed for the evacuation of people from Miami Beach prior to the arrival of sustained gale force winds shall be maintained or lowered. Policy 4.9 addresses this issue as it states that "...population density maximums shall be reduced as part of this Plan..." [Comprehensive Plan]. In addition, Objective 6: Water Quality, Policy 6.1 requires that the City shall not pennit dredging and filling of Biscayne Bay; and Objective 9: Density Limits requires that population concentrations be directed away from City-wide coastal high hazard area by prohibiting residential density increases. Lastly, Objective 10: Public Shoreline Access of the same Conservation/Coastal Zone Management Element, Policy 10.3 states that in order to minimize impacts of man-made structures and activities on shoreline resources, the filling, spoiling or placement of structures in or over coastal waters should continue to be prohibited. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearhy districts. PartiaQy Consistent - The proposed change would become an isolated district with respect to the properties that surround the subject site along the waterfront. South Pointe Park, located east of the subject site, and the Federal Triangle, located northwest ofthe site, are designated ROS, Recreation Open Space. This designation is compatible with the existing MR, Marine Recreation zoning designation of the "Alaska" site. Changing the current zoning designation to C-PS3, Commercial Intensive Mixed Use, would allow for an intense mixed commercial and residential zoning districts inconsistent with the surrounding park lands. Planning Board File No. 1506 - "Alaska" parcel - zoning map change August 28, 2001 Page 6 The only consistency of the proposed change is with respect to the Hinson parcel, located north of the site. in 1998, this O.85-acre parcel, was proposed to be designated R-PS4, Residential Mixed Use, but was ultimately excluded from the amending ordinance and thus remains designated C-PS3. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Not Consistent - The proposed change would not be in scale with the needs of the neighborhood or the City. The proposal would add an additional 3.4 acres of land used for residential uses, as opposed to current zoning designation which would provide for marine recreation activities. In addition, the South Shore Revitalization Strategy, adopted by the City Commission on February IS, 1984 as a modification to the Redevelopment Plan for the area south of 5th Street, recommended that: . the beachfront parks be connected by a linear waterfront walk system and that they utilize their unique locations and vistas to the fullest extent. (Emphasis added) . Provide passive recreation activities. The existing MR designation would offer opportunities to create such activities by the private sector. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Inconclusive- The parcel of land subject to the proposed change is part of a Development of Regional hnpact (DRI) approved by the City Commission on April 15, 1998 (Ord. No. 98- 3121). Notwithstanding, there are several development projects under construction at this time and it is not clear whether the capacity for public facilities and infrastructure are, or will continue to be available when all the projects come on line. As of this date the applicant has not provided an analysis of the impact this proposal would have in conjunction with other developments in the area. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Partially Consistent - The existing vacant parcel ofland zoned MR, Marine Recreational, situated along Govemment Cut and Biscayne Bay near the City of Miami Beach Marina and adjacent park land, is not illogically drawn. This current zoning allows future potential Planning Board File No. 1506 - "Alaska" parcel- zoning map change August 28. 2001 Page 7 development with uses that would be compatible and consistent with the surrounding uses and designations. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Not Consistent - The MR, Marine Recreational zoning district designation of the "Alaska" parcel has been in effect since 1971, when Zoning Ordinance No. 1891 was adopted. This zoning ordinance defined the district purpose as "a waterfront district designed to accommodate recreational boating activities and services." The application for development approval for the DR! of 1998 represents and confirms the "Alaska" parcel as MR and development has proceeded on the balance of the properties in accordance with the DR!. The distribution and intensities of uses presume the site remaining MR, Marine Recreational. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. Partially Consistent - The proposed change may adversely impact the living conditions and quality oflife in the neighborhood. The FAR for the MR zoning district is 0.25 and the maximwn height is 40 feet with a maximwn of four stories. The development regulations for C-PS3 permit a maximwn height of 80 feet, 8 stories and a maximwn FAR of 2.50, thereby increasing the density tenfold. The DR! contemplated spreading out the approved density, with the "Alaska" parcel zoned low density MR. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the levels of service as set forth in the comprehensive plan or otherwise affect public safety. Partially Consistent - Although the "Alaska" parcel is included in the Portofino DR!, it was shown on the proposed designation of the DR! as MR, Marine Recreational. Furthenoore, other development projects unrelated to the DR! properties, in the immediate neighborhood are under construction and will come on line in a short period of time, creating the potential for a degradation oflevels of service. No additional traffic information has been submitted to confino the ability of the area to support the increase of development at this location, in conjunction with other surrounding developments. Planning Board File No. 1506 - "Alaska" parcel- zoning map change August 28, 2001 Page 8 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Partially Consistent - By increasing the density of the subject property, there is a potential for reducing light and air to adjacent areas, in particular to the designated parklands immediately adjacent to the east and northwest. 10. Whether the proposed change will adversely affect property values in the adjacent area. Partially Consistent - The proposed change may adversely impact property values because of the increased density. 11. Whether the proposed change will be a deterrent to the improvemeut or development of adjacent property in accordance with existing regulations. Partially Consistent - The proposed change would not be a deterrent to the improvement or development of adjacent property. The underlying zoning regulations remain in effect for the surrounding zoning districts. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zouing. Not Consistent - There are no substantial reasons why the property cannot be used in accordance with existing zoning. The existing regulations permit the development of the subject property as marine recreational land use with all its rights and privileges under the land development regulations of the City. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Not Consistent - It is not impossible to find other adequate sites for the higher intensity commercial and residential uses that the applicant proposes for this parcel. ANALYSIS The site analysis shows a proposed tower 37 stories, 396 ft. high, sited on the Goodman and Hinson parcels, with a 3-story, 30 ft. high commercial structure on the Goodman parcel, facing South Pointe Drive. The site analysis indicates a 3-story, 32 ft. high townhouse residential development, facing Government Cut and an 8-story, 86 ft. high residential tower facing Washington Avenue, sited on the "Alaska" parcel. The site plan also indicates a 5-story, 45 ft. high parking facility in the center of the parcel, surrounded by the residential townhouse and tower proposal, as well as a pedestrian Planning Board File No. 1506 - "Alaska" parcel - zoning map change August 28. 2001 Page 9 walkway 25 feet wide along the water's edge, the filling of the existing inlet and private recreational space on the waterfront portion of the Hinson parcel. In reviewing and analyzing this request, staffhas several concerns; they are: . Inconsistency with the Comprehensive Plan. The proposed change would contravene several objectives and policies, as discussed under review criterion No. I of the Comprehensive Plan, including: Future Land Use Element · Objective I: Land Development Regulations - Policy 1.1 Conservation/Coastal Zone Management Element: · Objective 4: Hurricane Evacuation - Policy 4.9 · Objective 6: Bay Water Quality - Policy 6.1 · Objective 9: Density Limits · Objective 10: Public Shoreline Access - Policy 10.3 . The filling of the inlet may contravene Objective 10: Public Shoreline Access of the Conservation/Coastal Zone Management Element, which seeks to minimize impacts of man- made structures and activities on shoreline resources, and prohibit the filling, spoiling or placement of structures in or over coastal waters. . Upzoning - Changing the land use category from MR which has an FAR of .25 and a maximwn height of 40 feet, to C-PS3, with an FAR of2.5 and a maximwn height of 80 feet increases the density and intensity of the uses, which may have an adverse impact on the general welfare of the residents of the South Pointe area. . The development of the proposed tower on the Goodman and Hinson parcels. Because the DR! properties were exempted from the amending height ordinance, the Hinson and Goodman parcels can be developed to a maximwn height of 300 feet. By changing the land use designation of "Alaska" to C-PS3, the potential for a transfer of development rights would create a development much greater than what is allowed in the underlying regulations for the existing land use designation. It should be noted that the language which allows residential and hotel development to have an unlimited height was struck out of the Code in an amending ordinance in October 1998, however this change was inadvertently excluded from the final version and thus not codified. Staff will shortly bring to the Planning Board a corrective amendment which will clarify the height for residential and hotel development in the C-PS3 district. Planning Board File No. 1506 - "Alaska" parcel- zoning map change August 28, 2001 Page 10 ST AFF RECOMMENDATION Based on the foregoing analysis and the inconsistencies with the review criteria, staff recommends that the proposed amendment to the Official Zoning Map for the subject property be DENIED. JGG/ML c. Gary Held, First Assistant City Attorney CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH. FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM FROM: Mayor Neisen O. Kasdin and Members oftbe City Commission Jorge M. Gonzalez \.' ~ City Manager JI" - U Setting of Public Hearing - Change to the Official Zoning Map DATE: September 20, 2001 TO: SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY KNOWN AS THE "ALASKA" PARCEL, A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 3.4 ACRES, LOCATED NORTHWEST OF SOUTH POINTE PARK, FROM THE CURRENT MR, MARINE RECREATIONAL, TO THE PROPOSED FUTURE LAND USE CATEGORY CPS-3, COMMERCIAL INTENSIVE MIXED USE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set the required public hearing for a time certain on October 17, 2001 for this proposed amendment to the Official Zoning Map for the parcel of unplatted land known as the "Alaska" parcel. ANALYSIS The owners of the "Alaska" parcel made application to change the Future Land Use Map category of the property from MR, Marine Recreational, to C-PS3, Commercial Intensive Mixed Use. At the same time, they requested to change the Official Zoning Map from MR to C-PS3. In reviewing and analyzing this request, staff expressed several concerns; they are: . Inconsistency with the Comprehensive Plan. The proposed change would contravene several objectives and policies of the Comprehensive Plan, including: PB File #1506 AGENDA ITEM 67 k. DATE <f?ltJ-01 Commission Memorandum September 20,2001 Setting Public Hearing for change to the Official Zoning Map Page 2 ANALYSIS (continued) Future Land Use Element * Objective 1: Land Development Regulations Conservation/Coastal Zone Management Element: * Objective 4: Hurricane Evacuation * Objective 6: Bay Water Quality * Objective 9: Density Limits * Objective 10: Public Shoreline Access . Upzoning - Changing the zoning classification from MR which has an FAR of .25 and a maximum height of 40 feet, to C-PS3, with an FAR of 2.5 and a maximum height of 80 feet increases the density and intensity of the uses, which may have an adverse impact on the general welfare of the residents of the South Pointe area. . Because the DR! properties were exempted from the amending height ordinance, the Hinson and Goodman parcels (immediately adjacent to the "Alaska" parcel to the northwest) can be developed to a maximum height of 300 feet. By changing the zoning category of "Alaska" to C-PS3, the potential for a transfer of development rights would create a development much greater than what is allowed in the underlying regulations for the existing land use designation. The Planning Board heard this matter at a public hearing on September 6, 2001. After lengthy discussion, legal arguments and public participation, the Board voted 4-0 (3 members absent) to recommend to the City commission denial of this request. The subject amendment to the Official Zoning Map requires a 30-day mailed notice of public hearing. To enable the City Commission to hold a public hearing on the proposed amendment in a timely manner at its October 17,2001 meeting, the Administration is requesting that the public hearing be set at this time. Based on the foregoing, the Administration recommends that the City Commission set the required public hearing as referenced above and more particularly as set forth in the attached resolution, for October 17, 2001, at 5:01 p.m.. JMG\~~L attachments P,lPtAN\SPLBICCMEMOS\200! 11506SET.WPD