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2002-25081 Reso RESOLUTION NO. 2002-25081 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 5.6 +/- ACRES ON TERMINAL ISLAND, LOCATED SOUTH OF THE MACARTHUR CAUSEWAY, FROM THE CURRENT LAND USE CATEGORY 1-1, LIGHT INDUSTRIAL WITH A FLOOR AREA RATIO (FAR) OF 1.0, TO THE PROPOSED FUTURE LAND USE CATEGORY OF RM-PRD, MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT WITH A FLOOR AREA RATIO (FAR) OF 1.0; AND AMENDING THE GOALS, POLICIES AND OBJECTIVES OF THE COMPREHENSIVE PLAN IN ORDER TO ALLOW THE REQUESTED FUTURE LAND USE CATEGORY FOR THE SUBJECT PROPERTY; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES. WHEREAS, James F. Silvers, Trustee, a contract purchaser, filed an application to amend the Goals, Policies and Objectives, as well as the Future land Use Map (FlUM) of the Comprehensive Plan for a parcel of unplatted land of approximately 5.6 +/- acres on Terminal Island; and WHEREAS, the Planning Board reviews these types of amendments to the Comprehensive Plan in an advisory capacity to the City Commission; and WHEREAS, the Planning Board reviewed this application during a public hearing on October 22, 2002; and WHEREAS, to enable the City Commission to hold a public hearing on the proposed amendment in a timely manner at its January 8, 2003 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 an amendment to the Goals Policies and Objectives, as well as to the Future land Use Map of the Comprehensive Plan of the City of Miami Beach, as described above, is hereby scheduled on January 8, 200. 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 11th day of ATTEST: ~rP~ CITY CLERK APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 1\CH2\VOLlIPIANI$PLBICCMEMOS\200211566 RESO 12-11'{)2.DOC ~ II.. ].6..4)>" Ity Attome~ Date CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: Resolution setting a public hearing to consider amendments to the FLUM and Goals, Policies and Objectives of the Comprehensive Plan for a parcel of land of approximately 5.6+/- acres located on Terminal Island. Issue: Should a public hearing be set for a first reading of the ordinance on January 8, 2003? Item Summarv/Recommendatlon: The Administration recommends that the City Commission set the first reading public hearing for January 8, 2003 after 5:00 p.m.. Adviso Board Recommendation: At the October 22, 2002 meeting, the Planning Board passed a motion (5-2) recommending that the City Commission not approve the requests to amend the Future Land Use Map and the text of Policy 1.2 of the Ports, Aviation and Related Facilities based on the inconsistencies with the review criteria, as well as the incom atibili of the ro osed use with the existin uses. Financial Information: Source of Amount AtC.llld APpro'" Funds: 1 D 2 3 4 Finance Dept. Total CI Clerk's Office Le Islatlve Trackin : Mercy Lamazares/Jorge G. Gomez, Planning Department Si n-efts: Department Director Assistant City Manager City Manager F:\CMGRIAGENDA\2002\ EC1102\CONSEN1\1566 set hrg sum 12-11-02.doc AGENDA ITEM C 7.7 DATE l.t~//-(J).. CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.fl.us COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: December 11, 2002 From: Jorge M. Gonzalez g City Manager ()~ Proposed amendment to the Goals, Policies and Objectives and to the Future Land Use Map of the Comprehensive Plan Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 5.6 +/- ACRES ON TERMINAL ISLAND, LOCATED SOUTH OF THE MACARTHUR CAUSEWAY, FROM THE CURRENT LAND USE CATEGORY 1-1, LIGHT INDUSTRIAL WITH A FLOOR AREA RATIO OF 1.0, TO THE PROPOSED FUTURE LAND USE CATEGORY OF RM- PRD, MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT WITH A FLOOR AREA RATIO (FAR) OF 1.0; AND AMENDING GOALS, POLICIES AND OBJECTIVES OF THE COMPREHENSIVE PLAN IN ORDER TO ALLOW THE REQUESTED FUTURE LAND USE CATEGORY FOR THE SUBJECT PROPERTY; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set the first reading public hearing for January 8, 2003. OVERVIEW/ANALYSIS The applicant, James F. Silvers, Trustee, 1100 Fifth Street, Miami Beach, Florida, is requesting to amend the Future Land Use Map (FLUM) of the City of Miami Beach Comprehensive Plan by changing the Future Land Use Category for a parcel of unplatted land of approximately 5.604 acres on Terminal Island, located south of the MacArthur Causeway, from the Current Land Use category 1-1, Light Industrial, to the proposed Future Land Use Category of RM-PRD, Multifamily Planned Residential Development, retaining the existing floor area ratio (FAR) of 1.0 as permitted in the 1-1 Light Industrial category. The request will also necessitate a text amendment to the Goals, Policies and Objectives of the Comprehensive Plan of the City of Miami Beach. Commission Memorandum December 11,2002 Set Public Hearing - Amendments to the FLUM and text of the Compo Plan Page 2 The Comprehensive Plan (Plan) provides for the RM-PRD FLU category; however, the Land Development Regulations (LDRs) of the City Code would require a new zoning district to be created, RM-PRD3, to accommodate the specific site development characteristics desired by the developer. Upon approving the FLUM and Comprehensive Plan amendment, the applicant is also requesting an amendment to the Zoning District Map and LDRs to reflect the new zoning district and regulations being created. Staff had several meetings with the applicant prior to the submission of the applications for Planning Board review, in order to facilitate the process and ensure complete submission of all required documents and exhibits. During the course of these meetings, several . copies of the Comprehensive Plan were provided to the applicant and his consultants in order to facilitate the understanding of the complex issues involved with regard to this application. At that time, staff also expressed concerns relative to the loss of industrial- zoned property in order to convert it to residential use and concems relative to traffic, utility provision, and hurricane evacuation. Mav 28. 2002 - Applicant made a presentation of the concept plan for the property to the Planning Board in order to receive preliminary feedback and guidance. The Board continued the applications to the July 23, 2002 meeting. Julv 23.2002 - The U.S. Coast Guard submitted a letter raising several objections and concerns relative to this initiative. In addition, they had representatives present at the July 23, 2002 Planning Board meeting, who reiterated those concerns during the meeting. At that time, the applicant requested that this matter be continued to the September meeting in order to be able to meet with the U.S. Coast Guard and try to address their concerns. September 24. 2002 - At this Planning Board meeting, the U. S. Coast Guard reported that they had met with the developer, who had addressed some of the issues they had raised, however, they were still concerned about the incompatibility of uses, as well as their role in the security of the country. At this meeting, the Board requested that staff contact the Port of Miami or Miami-Dade County regarding the proposed land use change for the property, from a port facility and industrial use, to a multifamily residential use. October 22. 2002 - Staff contacted the Metropolitan Planning Division of the Miami-Dade County Planning Department. We were informed that the County very strongly discourages the elimination of sites designated for industrial uses because once that land use designation is lost, very seldom it can be regained somewhere else. The Comprehensive Development Master Plan for Miami-Dade County (as amended through April 2001) states that "Residential development is incompatible with major industrial concentrations and shall not occur in areas designated as "Industrial and Office" on the Land Use Plan map to avoid use conflicts and for health and safety, and residential service planning reasons." (emphasis added). The Plan goes on to state that minor exceptions may be granted, for instance, when the industrially designated site immediately adjoins a currently developed or platted residential area and it is determined that the residential component Commission Memorandum December 11, 2002 Set Public Hearing - Amendments to the FLUM and text of the Compo Plan Page 3 provides a compatible transition along the boundary. This information was related to the Planning Board. Based on the above information, a conclusion can be drawn that the County, with much more land areas designated for industrial use, is also concerned about the loss of these areas, as they are necessary for a community in order to keep noxious uses separated from residential uses. As previously expressed, the City of Miami Beach has very limited areas designated for light industrial uses and the loss of even a small potion of those areas may be detrimental for the community. The U. S. Coast Guard also had representatives at this meeting who expressed again their concerns about the incompatibility of uses, as well as concerns from the security perspective. SITE DATA Future Land Use: 1-1 Light Industrial District Land Uses: Currently the site is a container port and overflow parking area for the Fisher Island Ferry Terminal. To the east, across the channel, lies the U. S. Coast Guard Station. The parcel to the west is designated PF Public Facilities and contains the City's maintenance facilities. Government Cut lies to the south. MacArthur Causeway borders on the north. The Florida Power and Light substation is located on the western-most portion of island, contiguous to the City's maintenance facilities. The Fisher Island ferry landing is located on the western end of Terminal Island. ANALYSIS The applicant is requesting to amend the FLUM and the text of the Plan in order to convert the site from its current 1-1 Light Industrial FLU category to RM-PRD Residential Planned Development. Together with the application, the applicant submitted a proposed concept development for the subject site consisting of a residential tower 200 feet in height, townhouses, racket club, 29-slip mega-yacht marina, parking garage, and a 196-seat restaurant. The site plan also indicates docking on the south side of the property, adjacent to Government Cut. The applicant also submitted a number of signed letters from neighbors in the Palm, Hibiscus and Star Islands who are support of his project. Since the July 23, 2002 meeting, and after meeting the staff of the U.S. Coast Guard, the applicant has amended the concept plan as follows: . reduced the height of the residential tower to approximately 160 feet; . increased the number of townhouse units along Government Cut from 5 to 10; . increased the height of the townhouses from 40 feet to 50 feet; Commission Memorandum December 11, 2002 Set Public Hearing - Amendments to the FLUM and text of the Compo Plan Page 4 . modified the proposed marina so that the vessels moor parallel to the docks rather than perpendicular to the seawall; . reduced the number of slips at the marina from 29 to 17; . reduced the capacity of the proposed restaurant from 196 seats to 96 seats Staff has several concerns relative to this application, and these concerns have been expressed to the applicant on several occasions. First, the request is inconsistent with, and would contravene several objectives and policies of the Comprehensive Plan. Secondly, the City of Miami Beach has a very limited industrial zoning district - a 1 % block area north of Dade Boulevard and west of Alton Road, and the area at Terminal Island, off the MacArthur Causeway. Staff is concerned that the request to change the land use category on a portion of Terminal Island would further erode the light industrial category, which would effectively limit even more the areas where the light industrial activities could occur. These are activities that are necessary and support the functionality of any community. In addition, the residential use proposed by the applicant, with the exception of the mega-yacht marina included in the concept plan, is allowed in all the Residential FLU categories in the City. Throughout the process of this application, the U. S. Coast Guard has expressed concems relative to security for various reasons. The U.S. Coast Guard base is connected to Terminal Island through a vehicular bridge, which also gives the base, access to MacArthur Causeway. Secondly, the width of the channel between the base and Terminal Island is about +/- 300 feet. When Coast Guard vessels scramble on emergencies, the clutch engages at 12 knots, which could result in a liability issue if one of the vessels that would dock on the opposite side of the channel from the Base moves at the same time. Lastly, there is a concern that this request would mix incompatible uses - industrial and residential. This site is adjacent to the City's vehicle repair yard, with the FPL substation and the ferry terminal also located on the island. History has shown that when residential uses start intruding into industrial areas, the industrial-designated areas start diminishing as the residents become uncomfortable with those uses. PLANNING BOARD ACTION At the October 22, 2002 meeting, the Planning Board passed a motion (5-2) recommending that the City Commission not approve the requests to amend the Future Land Use Map and the text of Policy 1.2 of the Ports, Aviation and Related Facilities based on the inconsistencies with the review criteria, as well as the incompatibility of the proposed use with the existing uses. Commission Memorandum December 11, 2002 Set Public Hearing - Amendments to the FLUM and text of the Compo Plan Page 5 CONCLUSION The request is an amendment to the Goals, Policies and Objectives, as well as a change to the Future Land Use Map of the Comprehensive Plan. Chapter 163.3187, FI. Stat., provides that amendments directly related to proposed small-scale development involving 10 acres of land or less, may be adopted after one public hearing by the City Commission. However, although the land area involved is less than 10 acres, because this request also involves an amendment to the Goals, Policies and Objectives of the Plan, Chapter 163.3184 FI. Stat. require that the local goveming body hold at least two advertised public hearings, one at the transmittal stage and the second public hearing at the adoption stage. In anticipation of setting the public hearing for January 8,2003, the required 30-day mailed notice was sent on December 6,2002. In addition a newspaper notice will be published at least seven days before the first City Commission public hearing. JMG/CrSr&JGGAf- T:\AGENDA\2002\DEC11 02\CONSENn1566 set hrg 12-11-02.doc