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Ordinance 99-3199 ORDINANCE NO. 99-3199 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING THE CITY OF MIAMI BEACH OFFICIAL ZONING MAP TO ESTABLISH A NEW ZONING DISTRICT MAP CATEGORY TO BE ENTITLED "SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT)"; BY REZONING THE PROPERTIES KNOWN AS THE "HEBREW ACADEMY ELEMENTARY SCHOOL PARCEL" LOCATED AT 2400 PINE TREE DRIVE FROM RS-4 (RESIDENTIAL SINGLE FAMILY) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY REZONING THE "MIKVEH PARCEL" LOCATED AT 2530 PINE TREE DRIVE FROM GU (GOVERNMENT USE) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY REZONING THE "1.1 ACRE PARCEL" LOCATED ADJACENTLY TO THE NORTH PROPERTY LINE OF THE HEBREW ACADEMY ELEMENTARY SCHOOL PARCEL FROM GU (GOVERNMENT USE) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY REZONING THE "FANA HOLTZ HIGH SCHOOL PARCEL" LOCATED AT 2425 PINE TREE DRIVE FROM RM-1 (MULTI FAMILY, LOW INTENSITY) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL); BY DELETING IN ITS ENTIRETY SECTION 142-71(C)(4) REGARDING THE 1989 OPTION BETWEEN THE CITY AND THE HEBREW ACADEMY AND CLARIFYING AND CONFIRMING THE ZONING DESIGNATIONS FOR THE PROPERTIES KNOWN AS THE "MIKVEH PARCEL" FROM RM-1 (MULTI FAMILY, LOW INTENSITY) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY AMENDING THE "1.1 ACRE PARCEL" FROM RM-1 (MULTI FAMILY, LOW INTENSITY) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY AMENDING THE "FANA HOLTZ HIGH SCHOOL PARCEL" FROM GU (GOVERNMENT USE) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY AMENDING THE "2.49 ACRE CITY PARCEL" LOCATED ADJACENTLY TO THE SOUTH PROPERTY LINE OF THE MIKVEH PARCEL FROM RM-1 (MULTI FAMILY, LOW INTENSITY) TO GU (GOVERNMENT USE), ALL AS LEGALLY DESCRIBED IN ATTACHMENTS TO THE ORDINANCE; ESTABLISHING SECTION 142-671 TO BE ENTITLED "SPE SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT" AND PROVIDING DEFINITIONS, PURPOSES USES, AND DEVELOPMENT REGULATIONS FOR SAID DISTRICT, BY AMENDING SECTION 142-71 TO INCLUDE THE SPE DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE ZONING ORDINANCE AND AN EFFECTIVE DATE. WHEREAS, on June 7, 1989 the City Commission approved an option with the Greater Miami Hebrew Academy, Inc. ("Hebrew Academy") to exchange private land for a portion of the Par 3 Golf Course; and WHEREAS, the Citizens for Greenspace, Inc., filed a lawsuit challenging the exchange of land between the City and the Hebrew Academy; and 1 WHEREAS. in an effort to amicably resolve the litigation, the City, the Hebrew Academy, the Citizens for Greenspace and the Daughters of Israel, Inc., entered into a Settlement Agreement dated October 17, 1995; and WHEREAS, the Settlement Agreement provides for the exchange of certain lands between the City and the Hebrew Academy and specifies certain development rights with respect to certain Hebrew Academy properties; and WHEREAS, in order to effectuate the settlement between the parties. the proposed amendments to the Zoning Ordinance have been applied for by the Hebrew Academy and the City; and WHEREAS, the Planning Board, at its meeting of April 29, 1997, by a unanimous vote RECOMMENDING APPROVAL to establish a new zoning district entitled "Special Public Facilities Educational District" in the Land Development Regulations of the City Code, to amend the Official Zoning District Map of the City of Miami Beach, Florida, to effectuate the change of zonings pursuant to Section 142-71(C)(4) of the Zoning Ordinance, and recommended amendments to the text of the the Land Development Regulations of the City Code. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT TO ZONING DISTRICTS MAP OF THE ZONING ORDINANCE. That the Mayor and City Commission hereby amend the districts referred in the Zoning District Map of the Land Development Regulations of the City Code by establishing a new Zoning District category to be entitled "SPE (Special Public Facilities Educational District)". SECTION 2. AMENDMENT TO ZONING DISTRICTS AND ZONING DISTRICTS MAP OF THE ZONING ORDINANCE. That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District Map of the Land Development Regulations of the City Code by rezoning the following properties: 1) the "Hebrew Academy Elementary School Parcel" located at 2400 Pine Tree Drive, Miami Beach, Florida from RS-4 (Residential Single Family), hereafter to be zoned SPE (Special Public Facilities Educational), which is legally described in Exhibit "A" attached hereto and made a part hereof; and 2) the "Mikveh Parcel" located at 2530 Pine Tree Drive, Miami Beach, Florida from GU (Government Use), hereafter to be zoned SPE (Special Public Facilities 2 Educational), which is legally described in Exhibit "B" attached hereto and made a part hereof; and 3) the "1.1 Acre Parcel" located adjacently to the north property line of the Hebrew Academy Elementary School Parcel from GU (Government Use), hereafter to be zoned SPE (Special Public Facilities Educational), which is legally described in Exhibit "C" attached hereto and made a part hereof; and 4) the "Fana Holtz High School Parcel" located at 2425 Pine Tree Drive, Miami Beach, Florida from RM-1 (Multi Family, Low Intensity), hereafter to be zoned SPE (Special Public Facilities Educational), which is legally described in Exhibit "D" attached hereto and made a part hereof. SECTION 3. ZONING TEXT DELETION The Commission approves the deletion of Section 142-71(C)(4) of Land Development Regulations of the City Code, as amended, as follows: E. On Juno 7, 1089 tho City Commission approved an option with the the exercise of the option the affected portion of the Par 3 Golf Course ehall I1 SECTION 4. ZONING DISTRICT AMENDMENTS PURSUANT TO SECTION 142-71(C)(4) OF THE ZONING ORDINANCE. The following confirms the zoning district designations for those certain parcels referenced above: 1) the "Mikveh Parcel" from RM-1 (Multi Family. Low Intensity), hereafter to be zoned SPE (Special Public Facilities Educational); and 2) the "1.1 Acre Parcel" from RM-1 (Multi Family, Low Intensity), hereafter to be zoned SPE (Special Public Facilities Educational); and 3) the "Fana Holtz High School Parcel" from GU (Government), hereafter to be zoned SPE (Special Public Facilities Educational); and 4) the "2.49 Acre City Parcel" located adjacently to the south property line of the Mikveh Parcel from RM-1 (Multi Family, Low Intensity), hereafter to be zoned GU (Government Use), which is legally described on Exhibit "E" attached hereto and made a part hereof. 3 SECTION 5. The Commission approves amendments to the text of the Land Development Regulations of the City Code, as amended, by establishing the following new Section 142-671 to be entitled "SPE: Special Public Facilities Educational District" as follows: Section 142-671 SPE: SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT A. Definitions For purposes of this Zoning Ordinance, the following properties are defined as set forth below and are legally described in Ordinance No. 1. The "Hebrew Academy Elementary School Parcel" is located at 2400 Pine Tree Drive, Miami Beach, Florida, and comprises approximately 2.3 acres. 2. The "Fana Holtz High School Parcel" is located at 2425 Pine Tree Drive, Miami Beach, Florida, and comprises approximately 0.3 acres. 3. The "1.1 Acre Parcel" is located adjacently to the north property line of the Hebrew Academy Elementary School Parcel, and comprises approximately 1.1 acres. 4. The "Mikveh Parcel" is located at 2530 Pine Tree Drive, Miami Beach, Florida, and comprises approximately 0.35 acres. 4 B. Purpose and Uses 1. District Purpose 2. Main Permitted 3. Conditional Uses 4. Accessory Uses Uses This district is Any use that is a Conditional uses Any use that is customarily designed to school or shall only be associated with any of the accommodate public educational or class- permitted on the Main Permitted Uses or or private room facility, from Fana Holtz Parcel as Conditional Uses within educational grades early follows: any Main this district including, facilities. childhood through Permitted Uses or without limitation, graduate, public or Conditional Uses in classrooms, administrative private, whether a RM-3 or CD-2 offices, auditoriums, nursery, pre-school, District, except as cafeterias, gymnasiums, kindergarten, already permitted as sports and recreational elementary, middle, a Main Permitted facilities, dormitories, high school, college Use in this Section. student, faculty or staff or university, Notwithstanding the housing, parking lots, including mikvehs foregoing, garages, performing arts and houses of Commercial Uses and cultural facilities, art worships, and any shall not be and music facilities, related combination of any permitted as religious facilities and uses. of the Conditional Uses. aforementioned uses. C. Development Regulations These development regulations shall be applicable to uses in the district. 1. Maximum FAR is 2.50. 2. Notwithstanding paragraph 1 above, the maximum FAR for the Fana Holtz High School Parcel shall be 3.0 and the maximum FAR for the Mikveh Parcel shall be 1.0 3. For each setback area within the Hebrew Academy School Parcel and the 1.1 Acre Parcel which is adjacent to municipal owned land or a public right-of-way as of the effective date of this Ordinance No. , the front, side and rear yard setback may be zero (0) feet from the applicable property line. 4. With respect to the Hebrew Academy Elementary School Parcel and the 1.1 Acre Parcel, parking shall be permitted within the public swale adjacent to any public road provided that a minimum 10 feet setback shall be provided from the curb or edge of said road pavement. Notwithstanding the foregoing, parking in the swale area is only permitted to the extent allowed pursuant to the Settlement Agreement dated October 17, 1995 and entered into between the City, the Hebrew Academy, the Citizens for Greenspace and the Daughters of Israel, Inc. 5 5. To the extent development regulations (setbacks, height, signs, etc.) for SPE lands are not specified in this Section 142-671, then the applicable development regulations shall be the average of the requirements contained in the surrounding zoning districts as determined by the Planing and Zoning Director, which shall be approved by the City Commission, except as provided in No. 8 below. 6. With respect to the Hebrew Academy Elementary School Parcel and the 1.1 Acre Parcel, the maximum building height shall be the lesser of 60 feet above grade or 5 stories above a single level of parking; provided, however, with respect to those certain portions of the buildings indicated in that certain site plan approved by the City Commission on October 17, 1995 (and referenced in No. 10 below) as "3 stories", the maximum building height for those portions of buildings shall be the lesser of 40 feet above grade or 3 stories above a single level of parking. 7. The parking ratio for the Hebrew Academy Elementary School Parcel, the 1.1 Acre Parcel and the Fana Holtz High School Parcel, shall be one parking space per 3,000 square feet of air-conditioned building space. There shall be no impact fees for parking or landscaping, and SPE properties shall be prohibited from participating in the parking impact fee program set forth in Chapter 130 Article V of these Land Development Regulations. The parking may be sited below the Structures in whole or in part, provided same is in accordance with the development regulations set forth herein. 8. Notwithstanding anything to the contrary contained in the Land Development Regulations, the existing improvements as of the effective date of this Ordinance No. in any district designated as SPE, shall be permitted as to height, setbacks, parking, landscaping and all other development regulations and ratios, and may be rebuilt in substantially the same building configurations, parking provisions, landscape provisions, setbacks and other applicable development provisions, notwithstanding the provision of Chapter 118 Article IX of these Land Development Regulations. 9. In the event that GU designated property adjacent to an SPE designated property is acquired by the owner of the SPE property, then the zoning designation for the GU land may be designated SPE after approval at a public hearing before the City Commission with notice pursuant to Florida Statute, and in a manner consistent with the Comprehensive Plan. 10. That certain site plan and Settlement Agreement approved by the City Commission on October 17, 1995 among the City of Miami Beach, Greater Miami Hebrew Academy, Daughters of Israel, Inc. and the Citizens for Greenspace, Inc., shall be used for purposes of permitting development pursuant to these development regulations with respect to the properties identified in Section 142-671(A). *71 SECTION 6. The Commission approves amendments to the text of Section 142-71 entitled "Districts Established" of the Land Development Regulations of the Code of the City of Miami Beach, as amended, as follows: 142-71 Districts Established 6 (a) Districts and symbols. To achieve the purposes of these land development regulations, the Code of the city, and regulate the use of land, water and buildings, height and bulk of buildings and other structures, and population density and open space, the city is hereby divided into the following districts: Symbol District RM-PS1 Residential Limited Mixed-Use Development SPE Special Public Facilities Educational SECTION 7. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and same are hereby repealed. SECTION 8. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 7 SECTION 9. INCLUSION IN THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE. It is the intention of the City Commission, and it is hereby ordained that Sections 1,2, 3, 5 & 6 of this Ordinance shall become and be made part of the Land Development Regulations of the Code of the City of Miami Beach as amended; 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. SECTION 10. EFFECTIVE DATE.This Ordinance shall take effect the same date as the effective date of the companion ordinance amending the Future Land Use Map of the City of Miami Beach Comprehensive Plan, effectuating the amendments to the Comprehensive Plan consistent with amendments to the Zoning Ordinance herein. PASSED ON FIRST READING the 21s` day of January, 1998. PASSED and ADOPTED ON SECOND AND FINAL READING this 2othday of July , 199 9. MAYOR ATTEST: PAM, ectit Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1st reading 1/21/98 2nd reading 7/20/99 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ity Atto /r Date 8 EXHIBIT "A" ELEMENTARY SCHOOL Legal Description A portion of the land in the S.E. V4 of Section 27, Township 53 South, Range 42 East, Dade County, Florida, being more particularly described as follows: From a point on the Easterly line of Pine Tree Drive, at the intersection with the Northerly Line of West 25' Street, as shown on the plat of FLAMINGO TERRACE EXTENSION recorded in Plat Book 38, Page 61 of the Public Records of Dade County, Florida, run Southerly along the Easterly Line of Pine Tree Drive fora distance of 736.57 feet to a point; thence run Westerly, at right angles to the said Easterly Line of Pine Tree Drive for a distance of 150 feet to the POINT OF BEGINNING of the tract of land herein described; from said Point of Beginning continue Westerly along the last course extended at right angles to the said Easterly Line of Pine Tree Drive for a distance of 206.02 feet to a point; thence deflecting to the right 67°17'00", run Northwesterly for a distance of 328.50 feet to a point; thence deflecting to the right 48°54'00", run Northeasterly for a distance of 71.46 feet to a point; thence deflecting to the right 63°49'00", run Easterly a distance of 299.03 feet to a point, said point being 150 feet Westerly of the Easterly Line of Pine Tree Drive; thence deflecting to the right 90°00'00", run Southerly parallel to and 150 feet Westerly of the Easterly Line of Pine Tree Drive fora distance of 361.61 feet to the Point of Beginning. 4 456 MIKVEH PARCEL EXHIBIT "B" Commence (P.O.0 ) at a point on the Easterly line of Pine Tree Drive, at a point of intersection with the Northerly line of West 25' Street extended West, as shown on the Plat of Flamingo Terrace Extension, a subdivision recorded in Plat Book 38, at page 61 of the public records of Dade County, Florida and run Due South along an Assumed Bearing, along°ng the Easterly line of said Pine Tree Drive, a distance of 374.96 feet; thence run Due West access Pine Tree Drive, a distance of 100.00 feet to the Westerly line of said Pine Tree Drive; thence run Due North along the Westerly line of Pine Tree Drive, a distance of 527.00 feet to the Point of Beginning (P.O.B.) of the parcel of land hereinafter described; thence continue al ed course, a distance of 80.00 feet; thence run Due West, a distance of 1O74..ng the meat25 feet; thence une rnun S.22°31'27"E., distance of 86.607 feet; thence run Due East, a distance of 207.427 feet to the Point of Beginning, (P.O.B.) . The land described contains 15,267 square feet, or 0.350 acres, more or less. 1 457 1 . 1 ACRE PARCEL EXHIBIT C ' LEGAL DESCRIPTION: Commence at point on the E.aste ty line of Pine Tree Drive as the insenection with the Northerly line of West 23th Street, as shown on the Plat of FLAMINGO TERRACE EXTENS I ON, recorded m Plat Book 3C at Page 61, Public Records of Dade County, Florida; thcace run Soutbe ty, along the Easterly line of Pine Tree Drive for a distance of 374.96 feet to a point; thence nm Westerly, at tight angles as said Eastr1.1y line of tine Tree Drive for a distance od 150.00 feet to the POINT (W BEGir VINO; thmoe =time westerly, along the extension of the last descried novae for a dtatace of 299.03 k t; thane Max to the right 161'03'09' ted rum Northeasterly far a&stance of 131.14 feet to a point; theme deflect b the left 71'03'09" and eon Northerly fa a distance of 207.42 feet b a point thence rev Ealy, rt right angles to the Eagerly Er*of Pine Tree Dave for a ammo of 175.00 feet to a point theocc nm Somberly,parallel to the Easterly line of Ane:Tree Dave for a dance nce of 250.00 feet to the POINT OF BEGINNING. Said lands locaad, lying nod being in the City of Mimi Bach and containing 46,391 square fest more or kat or 1.0650 acres more re 1aa. AOC.. REt'ee Pout of cal lei c . paw• Rama a PO of eeolasu o. ;thy theca TO ¢tCwt-0r-1ew Th(5 SKETCH TO ACCOS.&Pl‘t.r< A LE-GM. D SCPAP-ttc does not represeni- o fietd survey . A ►e, and distances. re�et- to pc sed stte pion, AMBACN - c. SKL4,121t4C. ,-DP-AWING A-2 AND pQ4WtNG 5M 60 , CITY or MtAHl ZEAC14 lEECOQ-OS Nt.dzct4 20, CITY OF MIAMI t3Et'C - = "A.' ' Citi- • St,eveYotZ, L. — EGf til° esla S -1- `15 458 EXHIBIT 'D- Legal Description of Holtz High School Site I )t 3, Block 1, co the Plat FL.J FLAMINGO TERRACE f recorded in PlatADDITION,, atPae according , f Public Records of Dade County, Book �' It Page 6, of the Tree Drive, Miami ry. Florida, addressed as 2425 Pine Beach, Florida. 459 2.49 ACRE PARCEL EXHIBIT "E" Commence (P.0 C.) at a point on the Easterly line of Pine Tree Dnve at the nth the Northerly lint of West 25' Street extended W Point of Intersection Terrace Extension, a subdivision recorded in Plat Book 38, a shown on the Plat of FI Dade County, Florida Flamingo said Pine Tree Drive,d a and run of S3oo 96 feet; page 61 ofn the public t records of outh along an Assumed Bearing, along the Easterly distance of 100.00 feet to the thence run Due West across Pine Tree line of distance .) of Westerly line of said Pine Tree Drive. a parcel of land �� Drive and the Point of Beginning Northerly linefthe pits hereinafter described; thence continue extension Easterly, the property occupied bythe G Due Westaalong the Academy, located at 2400 Pine Tree Drive, : di � tomer Miami Hebrew distance of 110.00 feet; stance of 295.00 feet; thence run Due North, a N 1 9"W. thence run Due Wim, a di a distance of 40.00 feet; thence distance of 40.00 feet;o thence race thence run N•22'31'27"Erun Due North, a distance of 445,54 the 207.427 feet to the Westerly~ a distance of 359.13 feet; thencefeet: Westerly line tooPine Tree line of said Pine Tree Drive; run Due e a distancentheof Drive, a distance of 527.00 feet to the Point fo Be Due South along The Area described contains 153,304 square feet, more or less, or 3.519 acres, more or less. LESS AND EXCEPTING: THE LANDS DESCRIBED jN EXHIBIT "B" CO ACRE 1VIIKVEH PARCEL; AND COMMONLY KNOWN AS THE 0.38 THE LANDS DESCRIBED IN EXHIBIT "C" COMMONLY KNOWN AS THE 1.1 ACRE PARCEL, 460 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fi us COMMISSION MEMORANDUM NO. 52„3-59 TO: Honorable Mayor and DATE: July 20, 1999 Members of the City Commission $ FROM: Sergio Rodriguez City Manager SUBJECT: Second Rea:in 'ublic Hearings 1) An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida, Amending the Land Development Regulations of the Code of the City of Miami Beach, Florida,by Amending the City of Miami Beach Official Zoning Map to Establish a New Zoning District Map Category to Be Entitled "SPE (Special Public Facilities Educational District)"; by Rezoning the Properties Known as the "Hebrew Academy Elementary School Parcel" Located at 2400 Pine Tree Drive from RS-4 (Residential Single Family)to SPE(Special Public Facilities Educational),by Rezoning the"Mikveh Parcel" Located at 2530 Pine Tree Drive from GU (Government Use) to SPE (Special Public Facilities Educational),by Rezoning the "1.1 Acre Parcel" Located Adjacently to the North Property Line of the Hebrew Academy Elementary School Parcel from GU (Government Use) to SPE (Special Public Facilities Educational), by Rezoning the "Fana Holtz High School Parcel" Located at 2425 Pine Tree Drive from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational); by Deleting in its Entirety Section 142-71(c)(4) Regarding the 1989 Option Between the City and the Hebrew Academy and Clarifying and Confirming the Zoning Designations for the Properties Known as the "Mikveh Parcel" from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational), by Amending the "1.1 Acre Parcel" from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational), by Amending the "Fana Holtz High School Parcel" from GU (Government Use) to SPE (Special Public Facilities Educational), by Amending the "2.49 Acre City Parcel" Located Adjacently to the South Property Line of the Mikveh Parcel from RM-1 (Multi Family, Low Intensity) to GU (Government Use), All as Legally Described in Attachments to the Ordinance; Establishing Section 142-671 to Be Entitled "SPE Special Public Facilities Educational District" and Providing Definitions, Purposes Uses, and Development Regulations for Said District, by Amending Section 142-71 to Include the SPE District; Providing for Repealer, Severability, Inclusion in the Zoning Ordinance and an Effective Date. 2) An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida, Amending the Future Land Use Map Category of the City of Miami Beach AGENDA ITEM 5 DATE -7~21)- lq • Comprehensive Plan by Establishing a New Future Land Use Map Designation Category to Be Entitled "SPE (Special Public Facilities Educational District)"; Amending the Future Land Use Map for the Properties Known as the "Hebrew Academy Elementary School Parcel" Located at 2400 Pine Tree Drive from PFE (Public Facility Education)to SPE (Special Public Facilities Educational),the "Mikveh Parcel" Located at 2530 Pine Tree Drive from PFE (Public Facility Education) to SPE (Special Public Facilities Educational and the "1.1 Acre Parcel" Located Adjacently to the North Property Line of the Hebrew Academy Elementary School Parcel from PFE (Public Facility Education) to SPE (Special Public Facilities Educational), by Amending the "Fana Holtz High School Parcel" Located at 2425 Pine Tree Drive from PF (Public Facility) to SPE (Special Public Facilities Educational), by Amending the "2.49 Acre City Parcel" Located Adjacently to the South Property Line of the Mikveh Parcel from PFE (Public Facility Education) to ROS (Recreation and Open Space); Amending Part II: Goals,Objectives and Policies of the City of Miami Comprehensive Plan, as Amended, by Adding a Category to Be Entitled "Special Public Facilities Educational Category" to Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element,All Parcels as Legally Described in the Attachments to the Ordinance; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability,Inclusion in the Comprehensive Plan and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt the proposed amending Ordinances upon second reading public hearing. BACKGROUND This hearing for this matter was opened and continued by the City Commission at its meeting of October 21, November 19,and December 17, 1997.At the December 17, 1997, June 17, 1998, and May 26, 1999 meetings, the Commission granted six-month extensions of time to the Settlement Agreement, to allow the matter to be further continued and be resolved by all parties. The Greater Miami Hebrew Academy(hereinafter the "Hebrew Academy") and the City of Miami Beach have filed an application to amend the Zoning Ordinance and Comprehensive Plan to comply with the terms of the Settlement Agreement which was executed on October 17, 1995 between the Hebrew Academy,the City of Miami Beach,the Citizens for Greenspace, Inc. and the Daughters of Israel, Inc. The Hebrew Academy owns the Elementary School located at 2400 Pine Tree Drive and currently leases from the City of Miami Beach the land for its High School which is located at 2425 Pine Tree Drive. The Hebrew Academy also currently owns the land(approximately 3.87 acres) to the north of its Elementary School. 2 On June 7, 1989, the City of Miami Beach and the Hebrew Academy entered into an exchange of land,whereby the Hebrew Academy transferred to the City of Miami Beach the property located at 2425 Pine Tree Drive which is known as the Fana Holtz High School. In exchange for the transfer of land, the City transferred to the Hebrew Academy approximately 3.87 acres of land which is located directly north of the Hebrew Academy Elementary School and adjacent to and directly south of the Scott Rakow Youth Center. The Hebrew Academy, in conjunction with the Daughters of Israel, Inc., built a facility containing a mikveh and other educational uses on approximately 0.38 acres of the original 3.87 acres. The mikveh is located at 2530 Pine Tree Drive. Subsequently, a lawsuit was filed by the Citizens for Greenspace seeking to reverse the exchange of lands (See Map A). Pursuant to the terms of the Settlement Agreement, the Hebrew Academy will deed back to the City of Miami Beach approximately 2.49 acres which the City had previously deeded to the Hebrew Academy pursuant to the 1989 exchange of lands, and the City will deed back to the Hebrew Academy,the High School property. In addition,the parties agreed to support zoning text and map and comprehensive plan text and future land use map amendment applications to be filed with the City of Miami Beach which would create a new land use and zoning district entitled SPE (Special Public Facilities Educational District), and which said new district would be designated on the properties to be owned by the Hebrew Academy (See Table 1 for a synopsis of the proposed changes). On April 29, 1997 the Planning Board held a public hearing regarding the amendments and voted unanimously (7-0) to recommend their approval. On January 21, 1998, the City Commission approved the proposed ordinances upon first reading. ANALYSIS In order to effectuate the terms of the Settlement Agreement, it is necessary 1) to amend the Comprehensive Plan text and Future Land Use Map (FLUM);, and 2) to amend the current Land Development Regulations of the City Code and Official Zoning Map. These proposed amendments are in furtherance of the terms of the Settlement Agreement. For convenience and in order to help readers understand the proposed changes, each part is analyzed separately below. Ordinance Amendments to the City's Comprehensive Plan. These amendments contain four primary sections which are discussed below: A. Future Land Use Map Amendments Section 1. This section amends the Future Land Use Map of the City's Comprehensive Plan(hereinafter called "FLUM") by creating and including a new Future Land Use category to be entitled "SPE (Special Public Facilities Educational District)" to the list of future land use categories. 3 Section 2. This section amends the FLUM by designating the Hebrew Academy Elementary School Parcel, the Mikveh Parcel and the 1.1 Acre Parcel from PFE (Public Facility Educational) to the newly created SPE ( Special Public Facilities Educational District) future land use category. This section would also change the Fana Holtz High School Parcel from PF (Public Facility) to the new SPE category. The final change to the FLUM would involve the 2.49 Acre City Parcel which would be changed from PFE back to the original land use designation for the Par 3 Golf Course which is ROS (Recreation and Open Space). Table 1 sets forth the proposed changes in available acreage for properties affected by the proposed FLUM amendments. The recreation and open space amendments will reflect approximately a 2.49 acres increase in Recreation and Open Space for the City. Currently, the total 1,156 acres of recreation and open space (ROS), citywide, includes 224 acres in ornamental open space and 206 acres of ocean beach conservation area (430 acres of open space). Using the recreation and open space total acreage of 1,156, this indicates there are 10.6 acres of total ROS facilities per 1,000 persons (permanent population plus 20 percent of seasonal population= 109,500 persons). Pulling out the 430 acres of"open space" from the total, and adding back the 2.49 acre(City Parcel) increase as a result of the proposed amendments,the remaining 728.49 acres results in a proposed "recreation" level of service acreage of 6.65 acres per 1,000 population. The adopted LOS requirement for the City within the adopted Comprehensive Plan is 6.0 acres per 1,000 population and the current level of service acreage is 6.63 acres per 1,000 population. The existing and proposed Level of Service figure is considerably higher(more than double) than the commonly used national standard of 3.0 acres per 1,000 residents and are in excess of the adopted LOS of the City's Comprehensive Plan. Therefore, the proposed amendments would not decrease the adopted LOS for Recreation and Open Space, in fact, the amendment would increase the total acreage by 2.49 acres. (Note: The above calculations for the Recreation and Open Space LOS are independent and separate from any other pending Comprehensive Plan amendments.) B. Text Amendments to the Comprehensive Plan Section 3. This section creates the SPE within Part II: Goals, Objectives and Policies of the City's Comprehensive Plan. Specifically the new SPE land use category would be included within Objective 1: Land Development Regulations of the Future Land Use Element. The new category purpose, permitted uses and intensity limits would be listed. The category purpose would be "to provide development opportunities for existing and new educational and religious facilities". Permitted uses would include public or private schools, educational or classroom facilities from preschool through graduate and religious facilities including 4 mikvehs. Intensity limits would be limited by setback, height, floor area ratio and/or other restrictions as the City Commission determines appropriate to effectuate said land use category and otherwise implement complimentary public policy. The maximum floor area ratio would be 2.5, except the Fana Holtz High School Parcel and the Mikveh Parcel would be limited to the existing floor area of the existing building(s) as of January, 1997 (Note: This FAR restriction for these two properties is a specific requirement in the settlement agreement). C. Transmittal of Amendments (Resolution) Section 4. This section would instruct the City Commission, as recommended by the Planning Board(sitting as the Local Planning Agency), to approve the transmittal of the proposed amendments to the Comprehensive Plan (text and FLUM changes) and the corresponding changes to the Land Development Regulations(text and Zoning Map changes)to the Florida Department of Community Affairs(DCA),the South Florida Regional Planning Council(SFRPC)and any and all other affected state and local agencies. D. Last Sections Sections 5, 6, 7 & 8. These final sections provide for a repealer, severability, inclusion in the Comprehensive Plan and an effective date. Ordinance Amendments to the Land Development Regulations and the Official Zoning Map This ordinance is divided into two primary divisions which would amend the City's Official Zoning Districts Map to include the newly created zoning district(SPE), delete references to the original exchange of land between the Hebrew Academy and the City and codify the development regulations for the new zoning district category (SPE) within the Zoning Ordinance. A. Official Zoning Map Amendments Section 1. This section would amend the Official Zoning Map for the City of Miami Beach by including a new Zoning District category to be entitled "SPE (Special Public Facilities Educational District)to the list of zoning districts within the City. Section 2. This section would amend the Official Zoning Map by changing the zoning district category for the specific sites pursuant to the Settlement Agreement as follows: 5 1. the "Hebrew Academy Elementary School Parcel" from RS-4 (Residential Single Family) to SPE District; 2. the "1.1 Acre Parcel"from RM-1 (Multiple-Family. Low Intensity) to SPE District; 3. the "Mikveh Parcel" and from RM-1 (Multiple-Family. Low Intensity) to SPE District; 4. the "Fana Holtz High School Parcel" from GU (Government Use)to SPE District. As previously stated,the 2.49 Acre Parcel would automatically convert to the GU(Government Use) zoning classification upon its ownership being transferred back to the City. B. Text Amendments to the Land Development Regulations of the City Code Section 3. This section deletes the previous reference to the land swap executed on June 7, 1989 between the Hebrew Academy and the City. Section 4. This section would include the SPE District within Section 142-71 entitled "Districts Established", as required for a newly created zoning district and confirms the zoning district designations for the subject parcels. Section 5. This section creates a new subsection 142-671 that would be created for the new zoning district category (SPE). Specific definitions and legal descriptions are given for each subject site. The purpose and uses of the district are depicted in a table format on page 5 of the amending ordinance. Main permitted uses would include a school, educational or classroom facility from grades early childhood through graduate. Of special interest are the proposed Conditional Uses which would include any main permitted use or Conditional Use in a RM-3 or CD-2 district, excluding all commercial uses. Accessory Uses would include those uses customarily associated with any of the Main Permitted Uses or Conditional Uses. The development regulations for the SPE district would comply with the Settlement Agreement and the corresponding site plan(see attached). The proposed development regulations as now amended, would include a maximum (2.5) FAR, restrictions regarding maximum FAR for the Fana Holtz High School and Mikveh buildings, at 3.0 and 1.0 respectively, setback requirements, parking requirements, "grandfathering" of existing buildings with re-building provisions (notwithstanding the regulations within Chapter 118 Article X of the Land Development Regulations entitled, "Nonconformances"),height restrictions and a reference to the Settlement Agreement and site plan (dated 10/17/95)as the definitive documents for purposes of permitting development on the above described parcels of land. 6 Section 6. This section of the amending ordinance would add the SPE zoning district symbol to Section 142-71 entitled "Districts established" of the Zoning Ordinance. C. Last Sections Sections 7, 8, 9 & 10. These last sections would provide for a repealer, severability, codify the above changes to the Land Development Regulations by the City Commission and an effective date. In reviewing a request for an amendment to the Land Development Regulations or a change in land use, the City Commission and the Planning Board consider the prescribed review criteria, when applicable, for such changes. Since the amending ordinance would change the zoning district designation for the subject properties, the review criteria were determined to be applicable to this amendment request. In reviewing a request for an amendment to the Land Development Regulations which involves a change in zoning district boundaries, the City Commission and Planning Board shall consider the following: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent- As contained within the conditions of approval detailed within the Settlement Agreement, the application would be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The amendments to the FLUM would be consistent with the existing land uses on the various sites, ie., educational facilities and the golf course (GU). There would be no increase in population densities. The subject properties are not located within a Redevelopment area. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent- The Zoning district change to SPE is based upon and consistent with the existing land uses of each site. The existing land use categories for the subject sites are already PFE and PF. The amendment would change the existing zoning district classification to be consistent withand compatible with the FLUM. The surrounding zoning districts are GU and RM-1. The Hebrew Academy is zoned RS-4(Single Family)which is not an appropriate classification for an educational facility. The Fana Holtz Parcel is zoned 7 RM-1 (Residential Multiple Family Low Intensity) which is also not an appropriate zoning classification for an educational facility. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Consistent - The changes are consistent with the surrounding scale of development permitted pursuant to the existing built environment and specified within the Settlement Agreement. The amendment contains specific height and setback requirements based on the surrounding scale of the neighborhood. For example, the height restriction would be generally 60 ft. above grade or 5 stories above one level of parking which would prevent any new • development within the SPE from dominating adjacent properties; the front portion of the academy site would be limited in height to 40 ft. above grade. • The RM-1 already has a height restriction in place of 50 ft. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent- In staffs opinion, the application would not exceed the established LOS for the area public facilities and infrastructure. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Consistent- The existing RS-4 (Hebrew Academy site) and RM-1 (1.1 Acre Parcel) are surrounded by GU zoning classifications (public golf course and municipal facilities). The RS-4 does not permit an educational facility as a permitted use; RM-1 allows such,a use through the Conditional Use procedures. In staffs opinion, the RS-4/RM-1 zoning classifications appear to be inappropriate. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - Pursuant to the Settlement Agreement,the change is part of the terms of that agreement. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent- The proposed change should not negatively affect living conditions or the quality of life for surrounding properties. There are several conditions within the Settlement Agreement to ensure that these issues are mitigated satisfactorily. 8 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; Consistent - The LOS for Traffic Circulation and public safety should not be affected by the amendment. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Consistent - The Settlement Agreement already addresses the issue of the provision of adequate light and air to adjacent properties by the provision of appropriate setbacks and height restrictions. 10. Whether the proposed change will adversely affect property values in the adjacent areas; Consistent - Staff is of the opinion that property values, in adjacent areas would not be negatively affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or Development of adjacent property in accordance with existing regulations; Consistent- The proposed amendment would not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the proposed change should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Consistent- The RS-4 zoning designation permits single family residences as the main permitted use; educational facilities are prohibited. The RM-1 classification permits educational facilities as a Conditional Use only. 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use. Consistent- The lengthy negotiations for the Settlement Agreement explored all possible alternatives for the subject sites. Pursuant to the Settlement Agreement, the SPE zoning classification was determined as the appropriate zoning designation for the existing sites containing educational facilities and the foreseeable redevelopment of these sites. 9 BENEFITS OF THE PROPOSAL The Administration believes that the following benefits would ensue in the event the City Commission adopts the proposed Comprehensive Plan and Zoning Ordinance amendments: 1. The City of Miami Beach will acquire 2.49 acres of recreation and open space land; 2. There will be a decrease of 29,838 square feet of potential development on all the properties; 3. The City of Miami Beach may continue to use the 1.1 acre parcel for recreational purposes (golf play) until the Hebrew Academy uses the land; 4. The federal litigation will be eliminated; and, 5. The adoption will provide for mutual agreement and completion of the settlement agreement among the Greater Miami Hebrew Academy,the Citizens for Greenspace, Inc., the Daughters of Israel and the City of Miami Beach. CONCLUSION Based on the foregoing analysis, the Administration recommends that the Commission adopt the proposed ordinances upon second reading public hearing. • • 44" eL SR/J /JGG/RGL/r 1 g F:\PLAN\SALL\CC_MEMOS\1292CMM2.WPD 10 MAP A PROPOSED FLUM AMENDMENT �fh11111 e�fer LJJ . O 4 i 8 :- .■ © b-mmmill111111111111111111:rezia2st•l1 - W.24th St. o Ali Legend 1.Hebrew Academy Elementary School Parcel from PFE to SPE 2.The 1.1 Acre Parcel from PFE to SPE 3.The 2.49 Acre City Parcel from PFE to ROS 4.The Mikveh Parcel from PFE to SPE 5.The Fana Holtz High School Parcel from PF to SPE 92 \ 2 - . . . .rti . CO ea a . Q - E °- 0 0 Lu ma CL m , a a • \/ ( ƒ a » a a 0 ei 04 ea CO . « §e |§/ s E a tri to�\� a,21\\/k !°; )$ 1 }}! 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