Loading...
Ordinance 96-3034 ORDINANCE NO, 96-3034 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, INCREASING DEVELOPMENT OF REGIONAL IMPACT GUIDELINE AND STANDARD THRESHOLDS AND DESIGNATING THE CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA AS A REGIONAL ACTIVITY CENTER PURSUANT TO RULE 28- 24.014(10)(a) OF THE FLORIDA ADMINISTRATIVE CODE AND SECTION 380.06(2)(e) OF THE FLORIDA STATUTES, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, Amendments to Rule 28-24.014(10)(a) of the Florida Administrative Code implement changes in Section 380.06(2)(e) of the Florida Statutes to permit certain Development of Regional Impact (DRI) guidelines and standards to be increased by 150% in Urban Central Business Districts or Regional Activity Centers with respect to resort or convention hotel developments in jurisdictions whose local comprehensive plans are in compliance with Part II of Chapter 163 of the Florida Statutes; and WHEREAS, the guidelines and standards for Developments of Regional Impact have been increased specifically for a proposed resort or convention hotel located in a county with a population greater than 500,000 and where the local government specifically designates that the proposed resort or convention hotel development will serve an existing convention center built prior to July 1, 1992, and which is greater than 250,000 gross square feet, when located in an Urban Central Business District or Regional Activity Center; and WHEREAS, the City of Miami Beach Comprehensive Plan is in compliance with Part II, Chapter 163 of the Florida Statutes; and WHEREAS, A Regional Activity Center is characterized as a compact, high intensity, high density, multi-use area designated as appropriate for intensive growth by a local government and may include: retail, office, cultural, recreational and entertainment facilities, hotels and motels, or appropriate industrial activities; and WHEREAS, a Regional Activity Center is further defined as an area which routinely provides service to, or is regularly used by, a significant number of citizens of more than one county and contains adequate existing public facilities as defined in Rule 9J-5 of the Florida Administrative Code, or contains committed public facilities as defined in the capital improvements element of the local government comprehensive plan, and is proximate and accessible to interstate or major arterial roadways; and WHEREAS, the City Center/Historic Convention Village Redevelopment and Revitalization Area in the City of Miami Beach meets the criteria for a Regional Activity Center and it is appropriate to designate the area as a Regional Activity Center; and WHEREAS, the City of Miami Beach seeks to increase the Development of Regional Impact guidelines and standards only for a specific convention hotel development and not for any other residential, hotel, motel, office, retail or mixed-use project. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS: 1. The City Center/Historic Convention Village Redevelopment and Revitalization Area ("Area") depicted in the map attached as Exhibit A and described in the attached Exhibit B is hereby designated as a Regional Activity Center pursuant to Section 3 380.06(2)(e) of the Florida Statutes and Rule 28-24.014(10) of the Florida Administrative Code, and the applicable guidelines, standards and thresholds of Chapter 380 of the Florida Statutes are hereby increased solely for the convention hotel development described herein. 2. The guidelines, standards, and thresholds for a resort or convention hotel development within this Regional Activity Center are increased by 150% with respect to the convention hotel development known as the "Loews Hotel Project" located on the site depicted in Exhibit C which encompasses the site of the existing St. Moritz Hotel and the former Sands, New Yorker, and Poinciana Hotels, the 16th Street End east of Collins Avenue, as well as the accessory parking structure and the re-opened portion of 16th Street on the west side of Collins Avenue, all of which are within the Area. 3. The revised guidelines, standards, and thresholds for a resort or convention hotel development shall apply only to that development known as the "Loews Hotel Project" as graphically depicted in Exhibit C and legally described in Exhibit D (Hotel Site) and Exhibit E (Parking Site) and to no other resort or convention hotel development. 4. The revised guidelines, standards, and thresholds for Developments of Regional Impact within a Regional Activity Center shall not apply to any other project, including but not limited to any residential, hotel, motel, office, retail or mixed-use project proposed to be located within this Area. 5. The Regional Activity Center designation established herein shall be incorporated into the City of Miami Beach Comprehensive Plan as a Plan Amendment at the next opportunity for amendment. 3 6. The designated Regional Activity Center established herein shall take effect upon adoption of this Ordinance. 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. 8. This Ordinance shall take effect upon its passage and adoption. PASSED and ADOPTED this 24th day of Januar , 1996. / 1 ATTEST: MAYOR RO4te CITY CLERK DJT:kw c:\wpwin60\resos\actvity2.ord FORM ' . . Legal t By %/'.. A Dat- 0--//1/9 4 i I • OAY. F4o.e+o A` 8^Y R3 C . 1 j 41 •• Wj ki -!"-I • • KW p k MO', vii. . e. . ; : ' L' Ng ,ii, r �'NI �.k_ a. y "�.. o -' �� �: �� . WEST .wt. WEST AVENUt <` vi •. a •� .rta!rie intli "1141 IRVIN in- bollt tiii•v ,4 - .. t! , - • ;:riga all lbek : : � cogged, slim . o .= i�..0.1 - • .!. .!.:,... . -:_- -- .• : ALTON � - - ROAO . ti �� c-/ -1111tIlt vlitirl..41 .11r§, fal A a Mile v fillpi ..-t-..qo : iiil ;i :':i CITY CENTERS"• %/'N. -1/4 ! :;rig 01�� um- - 4E1 • a v� it HISTORIC CONVENTION VILLAGE Aim * ���a � IIl 1 REDEVELOPMENT AND"--: ZMICN;OAIV =n :a I limp yizI Q+A REVITALIZATION AREA ' • ;ig-, .-,, .;, ,. „impair N ___-_. :±1±, _ .. JEFFERSON �. r AVE.• ` ; e gr�ia Znd� civ`a ii1I li�� L.FIs .iiq �. y , ': flt•■ -- N MA ..,1,,,,,;. .,„i,J1 le 1/111 6 .. 01 .. -, I I Lt. liMils .-: - t4' -$11 .k - r Etit- -IERIC(AN . .N. , wi, t - :iii•;sa= °�a ,� El IliiiiiN I i1 ,,--, Vof,,, ,,,I EVCLIC A E.• ` I (sy� ,•a� �I '' maai; {� /, ••'i •0.11 11 ��■ �`'110��� ]���,7� Cf1 -� ` i, � 1 I iN.Y C�R GRiVf ���� �® Mt4;1 PENNSYLVANIA A E. • -- — .o�< a ```,'• . . lei 1111P I:11 1110111141kx11 • - __— R, ;,.,,`, llki Q f7 IId0O11 �a .a j (r DREXEL .VE. I . I I \ R 3 i 1 atiliicai Illo,iliiii. 1. ;;Nia-i_-- i __ 104; & . . • f AVE. ! • A-HI TON rte,Y + i�, ss i ���l i _N°1-tin aIn J ins'. 1t �. .. - • , Q,•. ` �`•� .a .ai. 7 � j _ .i :...,p 7 1.4 L.Y. I: ^ 47.4. .4.1‘.1.4111n . j AME9 AVE. : „4,_ h-, . ,,. 1 - • k brill.; - - 1 Ill .v.a., nh ci .F .� „ \ \ NFi-1 5 3%Pt: . ntii—r.. 111414( gioNlik 1 ligni- ji ill Illif ilqint I ' 1 :I.1.:'!... ''' " t)Lt4P.:::. ''''' S;(;*••••,.. :el -‘4614'4% '-------.. 4ve I' .41111111 1.1.7.1.9,...az Me er kir IA 1 imp . , .• • 4 . 4.14'4741)°,67t.rlar:..'i • MAI ' MI Mi Mill lift 1 . hi tu IL 1 ii 1:IP' •'../ ' .. M44.•• It 144'.S.‘1111K: - a 11111111111111mmilma • -.1. *** ,4 1 .40 OTEL SITE .`,_ _ PARKING . ' SITE - A417 TMA - . OCEAN EXHIBIT A —4N LEGAL DESCRIPTION PROPOSED CITY CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA BOUNDARY DESCRIPTION All that land area within the corporate limits of the City of Miami Beach, Florida, which is bounded by the line proceeding northerly from a POINT OF BEGINNING where the eastern extension of the south right-of-way line of 14th Lane meets the Erosion Control Line along the western shore of the Atlantic Ocean,said line following the Erosion Control Line to a point where it intersects the eastern extension of the north right-of-way line of 24th Street; then proceeding in a westerly direction along this extension and the north right-of-way line of 24th Street to a point where it intersects the north bulkhead wall of the Collins Canal;then proceeding in a southwesterly direction along the north bulkhead wall of the Collins Canal to a point where it intersects the east right-of-way line of Pine Tree Drive; then proceeding due west in a line traversing the intersection of Dade Boulevard and Pine Tree Drive to a point where it intersects the north right-of-way line of Dade Boulevard;then proceeding in a southwesterly direction along said right-of-way line of Meridian Avenue;then proceeding south from said point along the west right-of-way line of Meridian Avenue to a point where it intersects the north right-of-way line of 17th Street; then proceeding in a westerly direction along said right-of-way line of 17th Street to a point where it intersects the west right-of-way line of West Avenue;then proceeding in a southerly direction along said right-of-way line of West Avenue to a point where it intersects the eastern extension of the southern property line of lot 8 in Block 44; then proceeding in an easterly direction across West Avenue to the south property line of lot 12, Block 45; then proceeding easterly along the south property lines of lots 12 and 8, Block 45, thereby traversing Alton Court to a point intersecting the west right-of-way of Alton Road; then proceeding southeast across Alton Road to a point where the east right-of-way line of Alton Road intersects the south right-of-way line of Lincoln Lane South; then proceeding in an easterly direction along the said right-of-way line of Lincoln Lane South and continuing east to a point on the east property line of lot 1 of Block 52;then proceeding south to the southwest corner of lot 1 of said Block 52;then proceeding east along the south property line of said lot 1 to a point where it intersects the west right-of-way line of Drexel Avenue; then proceeding in a southerly direction along said right-of-way line of Drexel Avenue to a point where it intersects the south right-of-way line of 16th Street;then proceeding in an easterly direction along said right-of- way line of 16th Street to a point where it intersects the west right-of-way line of Washington Avenue; then proceeding in a southerly direction along said right-of-way line of Washington Avenue to a point where it intersects the western extension of the south right-of-way line of 14th Lane;then proceeding in an easterly direction along said right-of-way line of 14th Lane to the POINT OF BEGINNING where the eastern extension of the south right-of- way line of 14th Lane intersects the Erosion Control Line along the Atlantic Ocean. EXHIBIT B i'V45 H/ o • 1 -�, . Fgar • --• .,,. �. . ��,: . , VENUE k ,i ,,,. - ,,,! :` -41 .144 , 0 : viiiti - 4 ' 1 • 0 • Xi liZ), h, . (A - - T- x u . ,,...; > 0 _7), k , o • Z FIJ r, M • No 1s_ _ LG > mo • . __ . N'' - ha ' , li : I . , -- 41:i a". (PI „,33 m N :z. :. j ..- .i .1._!„ s'',Z 0 > .n. to\N it 1 .''. , 4rri -: -1 i is. ' i r- 0 5:°'- v C 0 4: 1 1 r.. i • .. . ,,,, . i , a v so. 4. / iv 0 . . . : v 1 A i, _ 1 >; A k 11 i X 1 ' i re. 1 . 1 I ILI Cb i PO ' § .4E I e .- i s.,,,..,. , , 1 , _ � 1 �. 1 b. Ai iC - l' I r. 1 :6 ! -4„ a:• o• •. ,� I _ _ _ I re - 1 I 1 Ili I r. I, I. g - 1 1 D _ 1 I -.<1 _ )54J4XN�14,0 L/itAP= "4 Z ATLANric LEGAL DESCRIPTION - HOTEL SITE Lots 7 and 14 LESS the South 12.65 feet thereof together with the South half of lots 8 and 13. All in Block 56,FISHER's FIRST SUBDIVISION OF ALTON BEACH,recorded in Plat Book 2,Page 77, of the Public Records of Dade County,Florida,and together with that parcel of land lying East of Block 56 adjacent to the land described above. Said land bounded on the North by the North line of the above described parcel extended Easterly;bounded on the South by the South line of the above described parcel extended Easterly;bounded on the East by the Erosion Control line of the Atlantic Ocean and bounded on the West by the East line of the above described parcel. Said lands containing 0.8442 Acres more or less. The North one half of Lot 8,all of lots 9, 10, 11 and 12 and the North one half of Lot 13,all in Block 56, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, recorded in Plat Book 2, Page 77, Public Records of Dade County,Florida together with;that certain parcel of land lying East and adjacent to the land,described above. Said land bounded on the North by the North line of the above described parcel extended Easterly; bounded on the South by the South line of the above described parcel extended Easterly;bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West by the Easterly line of the above described parcel. Said lands containing 1.6752 acres more or less. All Lots 1 and 18 and the South 29.40 feet(measured along the Lot line)of lots 2 and 17,all in Block 55, FISHER'S FIRST SUBDIVISION OF ALTON BEACH,according to the Plat thereof recorded in Plat Book 2,at Page 77,Public Records of Dade County,Florida. Said lands containing 0.9385 acres more or less. The parcel of land lying between Block 55,FISHER'S FIRST SUBDIVISION OF ALTON BEACH, recorded in Plat Book 2,Page 77,Public Records of Dade County,Florida and the Erosion Control Line of the Atlantic Ocean being more particularly described as follows: Begin at the Southeast corner of Lot 1,Block 55,of said FISHER'S FIRST SUBDIVISION OF ALTON BEACH,thence run Northerly,along the Easterly line of Block 55 for a distance of 102.20 feet to a point; thence run Easterly,along a line parallel to the North line of said Lot 1 for a distance of 180.29 feet to the Erosion Control Line of the Atlantic Ocean;thence run Southerly,along the Erosion Control Line of the Atlantic Ocean for a distance of 102.63 feet to a point which is the intersection with the Easterly extension of the South line of said Lot 1;thence run Westerly, along the Easterly extension of said Lot 1 for a distance of 177.88 feet to the POINT OF BEGIAING. Said lands containing 0.4211 acres more or less. Lots 3 and 16 and the North 21.30 feet (measured along the lot lines) of Lots 2 and 17, Block 55, FISHER'S F1RST SUBDIVISION OF ALTON BEACH,recorded in Plat Book 2,Page 77 of the Public Records of Dade County,Florida,together with that certain parcel of land lying East and adjacent to the above described parcel;said parcel bounded on the South by the South line of the above described parcel extended Easterly;bounded on the North by the North line of the above described parcel,bounded on the East by the Erosion Control Line of the Atlantic Ocean and on the West by the East line of the above mentioned Block 55. Said lands containing 0.9626 acres more or less. Also,that portion of 16th Street and its Easterly extension bounded on the West by the Easterly Right-of- Way line of Collins Avenue and bounded on the East by the Erosion Control Line of the Atlantic Ocean. Said lands containing 0.9419 acres more or less. All lands described above located lying and being in the City of Miami Beach,Florida. DJT:kw e:wpwin60\djt\hotel.ld EXHIBIT D • LEGAL DESCRIPTION - PARKING SITE Lots 8, 9, 10, 11, 12 and 13, and the entire right-of-way of the former and future 16th Street bounded on the west by Washington Avenue and bounded on the east by Collins Avenue, all in Block 57, FISHER'S FIRST SUBDIVISION OF ALTON BEACH, as recorded in Plat Book 2 at Page 77, of the Public Records of Dade County, Florida. DJT:kw c:wpwin60\djt\prknglot.Id EXHIBIT E CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. )4 0-q c TO: Mayor Seymour Gelber and January 24, 1996 Members of the City Commission DATE: FROM: Jose Garcia-Pedrosa City Manager SUBJECT: SECOND READING PUBLIC HEARING - AN ORDINANCE INCREASING DEVELOPMENT OF REGIONAL IMPACT GUIDELINE AND STANDARD THRESHOLDS AND DESIGNATING THE CITY CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA AS A REGIONAL ACTIVITY CENTER. RECOMMENDATIO .T The Administration recommends that the City Commission adopt on second reading the subject ordinance, upon holding a public hearing. BACKGROUND In 1994 , the City Commission included a legislative amendment in its package of legislative initiatives to increase the threshold level for convention center hotels . With the assistance of Representative Elaine Bloom, this amendment was achieved; however, an increased DRI threshold can only be put in place if the hotel is located within a Regional Activity Center or an Urban Central Business District . On March 15, 1995, the City Commission authorized staff and the City Attorney' s Office to review the matter further and take whatever steps necessary to move the process forward. This authorization was given with the caveat that a designation of the City Center/Historic Convention Village Redevelopment and Revitalization Area as a Regional Activity Center or Urban Central Business District should be done in a manner which increases the PAGE 1 OF 4 AGENDA ITEM DATE aq-"I (c DRI threshold only for the Loews Hotel Project including the related accessory parking garage and no other large developments . The Planning Board heard this matter at its July 25, 1995 regular meeting and recommended that the draft ordinance be submitted to the Florida Department of Community Affairs (DCA) for comment . On July 26, 1995, the Commission approved a resolution authorizing the draft ordinance to DCA. In the intervening months since July, the City Attorney' s office has been in consultation with attorneys at the Department of Community Affairs and has been able to modify the ordinance to address concerns raised relative to the exhibits . The modified ordinance is attached, hereto. ANALYSIS Staff has made inquiries of the Florida Department of Community Affairs (DCA) and the South Florida Regional Planning Council (SFRPC) as to what procedure would be required to increase the Development of Regional Impact (DRI) Threshold for the Convention Center Hotel . Under Chapter 28-24 of the Florida Rules, a hotel development of 350 rooms is presumed to be a development of regional impact; however, a hotel serving a convention center of more than 250 , 000 gross square feet and built prior to July 1, 1992 , can have up to 875 rooms before it is presumed to be a development of regional impact . The only caveat to this provision is that the hotel must be located within either an "Urban Central Business District" or a "Regional Activity Center, " designations which must be provided for in the City' s Comprehensive Plan. The City of Miami Beach Comprehensive Plan presently does not have either an Urban Central Business District (UCBD) or Regional Activity Center (RAC) designation for any part of the City. Staff has taken the position that it would be appropriate to so designate that area known as the City Center Historic Convention Village Redevelopment Area, thereby enabling the proposed Convention Hotel to proceed without the need to prepare a Development of Regional Impact Report . Such DRI Report could cost a minimum of $250, 000 and require a year or more to receive approvals . Staff believes that the City Center Historic Convention Village PAGE 2 OF 4 } Redevelopment Area meets the definition criteria for a Regional Activity Center or an Urban Central Business District, specifically since it has the following attributes : - compact - high intensity - high density - multi-use - designated as appropriate for intensive growth by the local government - may include: retail, office, cultural; recreational and entertainment facilities; hotel and motels; or appropriate activities. Rule 28 . -24 . 014 (10) (a) allows for a community to adopt an ordinance to be submitted to the Florida Department of Community Affairs which defines the boundary of a proposed Regional Activity Center (RAC) or Urban Central Business District (UCBD) and the City' s commitment to amend subsequently the Comprehensive Plan at the next available opportunity for amendment. Such an ordinance and the subsequent plan amendment must specifically indicate that the RAC or UCSD boundaries shall be used for increased DRI guidelines and standards, consistent with established criteria. The amendment before you today narrows the focus of increased DRI thresholds specifically to the Convention Center Hotel and its accessory parking structure, and allows no other development to have increased thresholds. DESIGNATION AS A REGIONAL ACTIVITY CENTER After consultation with the South Florida Regional Planning Council, as well as the DCA, it has been determined that the area should be designated as a Regional Activity Center (RAC) . This determination was based on the State definition of a RAC as an area which routinely provides service to, or is regularly used by, a significant number of citizens of more than one county and contains adequate existing public facilities as defined in Rule 9J- 5 of the Florida Administrative Code, or contains committed public facilities as defined in the capital improvements element of the • PAGE 3 OF 4 local government comprehensive plan, and is proximate and accessible to interstate or major arterial roadways . The area substantially meets this criteria. Under this designation, the guidelines, standards, and thresholds for a resort or convention hotel development within this Regional Activity Center would be increased by 1506 with respect to the convention hotel development known as the "Loews Hotel Project" to be located on the site encompassing the former Sands, New Yorker, Poinciana, and St . Moritz Hotels and including the 16th Street End east of Collins Avenue, as well as the accessory parking structure on the west side of Collins Avenue, all of which are within the Area. The revised guidelines, standards, and thresholds for a resort or • convention hotel development would apply only to that development known as the "Loews Hotel Project" and its related accessory parking structure and to no other resort or convention hotel development located in Miami Beach or the proposed Regional Activity Center. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission adopt on second reading the Ordinance to designate the City Center/Historic Convention Village Redevelopment and Revitalization Area as a Regional Activity Center (RAC) , with an increased DRI threshold for the Loews Hotel Project and its accessory parking structure. DJG\MHF\DISK#10\1223REV.95 PAGE 4 OF 4 V cd D cd H G U TJ c) O Cd •rl 0 Qi H cd ) O G b 4i 4 ro -4 o H m 0 0 O •H 0 •H a) 0 • b0.0 x E •rl 71 a) U) \ ¢, bA N 1:4 a) }1 0 a) I M } a) -I 1:4 00 .0 O 4-1 7 cd N Cr a) a) a) 4-1 "0 C) T3 a) '--1 >+ a) cd O a) cd 1 0 NCJ '--1 4-+ U cd C7 z v Ea aJ ,—I r.) • w z a) TJ d-J •rl 0 cd O H Q L: J •H r.4 bp 0 p cd • O G N •HI O N 0 • •rl 0 4-) 4-) •rl p., • CS) •rl cd •rl r-H cd H 0 0 cd P • a) a) (3O a) .N a) • N t1 •H J •rl 4-) • 0 0 a) O a) a) • H bD T) U F4 U •