2002-25082 Reso
RESOLUTION NO. 20024250820:,2
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING 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 A PARCEL OF UNPLATTED LAND OF APPROXIMATELY 5.6 +/-
ACRES ON TERMINAL ISLAND, LOCATED SOUTH OF THE MACARTHUR CAUSEWAY
FROM THE CURRENT 1-1 LIGHT INDUSTRIAL, TO THE PROPOSED ZONING
CLASSIFICATION RM-PRD3, MULTIFAMILY PLANNED RESIDENTIAL DEVELOPMENT,
WITH A FLOOR AREA RATIO (FAR) OF 1.0; AMENDING CHAPTER 142 "ZONING
DISTRICTS AND REGULATIONS," AMENDING SUBDIVISION III. "RM-PRD
MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT," BY ADDING
SUBDIVISION IIIB. DEVELOPMENT REGULATIONS FOR "RM-PRD3"
WHEREAS, James F. Silvers, Trustee, a contract purchaser, tiled an application to amend the
Official Zoning Map of the Code of the City of Miami Beach for a parcel of unplatted land of approximately
5.6 +/- acres on Terminal Island; and
WHEREAS, this same applicant requested to amend the development regulations to create
regulations for a the new RM-PRD3 zoning district; and
WHEREAS, the Planning Board reviewed this application during a public hearing on October 22,
2002; and
WHEREAS, the Planning Board reviews amendments to the Zoning Map and land development
regulations 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 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 the amendment to the Official
Zoning Map and the development regulaitons of the Code of the City of Miami Beach, as described above,
is hereby scheduled on January 8, 2003 in the City Commission Chambers at 1700 Convention Center
Drive, Miami Beach, Florida, and the City Clerk is hereby authorize nd directed to publish and distribute
the appropriate public notice of the public hearing at which time I in er ted parties will be heard.
PASSED and ADOPTED this 11 th day of
ATTEST:
~rP~
CITY CLERK '
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
/1/1 lJ1.D..lL JJ.~ rJ V"
~~ Date
F:\PLAN\$PLB\CCMEMOS\2002\1567 RESO 12-11~2.DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
-
Condensed Title:
Resolution setting a public hearing to consider amendments to the Official Zoning Map and to the
development regulations of the City Code in order to create regulations for a parcel of land of
aDDroximatelv 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..
Advisorv Board Recommendation:
Planning Board - on October 22, 2002, the Board voted 5-2 recommending that the City Commission not
approve the requests to amend the Official Zoning Map and the proposed development regulations, as the
change of zoning designation is incompatible with the zoning designation throughout Terminal Island and
the adiacent U.S. Coast Guard Base.
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le Islatlve Trackin :
Mercy Lamazares/Jorge G. Gomez, Planning Department
F:\CMGRIAG DA\2002\DEC1102\CONSENT\1567 set hrg sum 12-11-02.doc
AGENDA ITEM c., 7 k.
DATE I~-II-();"
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.ci.miami-beach.fl.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: December 11, 2002
Members of the City Commission
Jorge M. Gonzalez t - /'
City Manager 0 f.JJO
Proposed amendment to Official Zoning District Map and Land
Development Regulations of the City Code
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER AMENDING 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 A PARCEL OF UNPLATTED LAND OF
APPROXIMATELY 5.6 +/- ACRES ON TERMINAL ISLAND, LOCATED
SOUTH OF THE MACARTHUR CAUSEWAY FROM THE CURRENT 1-1
LIGHT INDUSTRIAL, TO THE PROPOSED ZONING CLASSIFICATION
RM-PRD3, MULTIFAMILY PLANNED RESIDENTIAL DEVELOPMENT,
WITH A FLOOR AREA RATIO (FAR) OF 1.0; AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS," AMENDING SUBDIVISION
III. "RM-PRD MULTIFAMILY, PLANNED RESIDENTIAL DEVELOPMENT
DISTRICT BY ADDING SUBDIVISION IIIB. DEVELOPMENT
REGULATIONS FOR "RM-PRD3"
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the first reading public
hearing for January 8, 2003.
OVERVIEW/ANALYSIS
Upon approval of the amendments to the Comprehensive Plan (FLUM and Goals, Policies
and Objectives as described in the companion Commission Memorandum), the applicant,
James F. Silvers, Trustee, 1100 Fifth Street, Miami Beach, Florida, is requesting to amend
the district classification in the Official Zoning Map for a parcel of unplatted land of
approximately 5.604 acres on Terminal Island, located south of the MacArthur Causeway.
The property is currently zoned 1-1 Light Industrial, and the request is for rezoning to a new
classification, RM-PRD3 Residential Multifamily Planned Residential Development,
retaining the existing floor area ratio (FAR) of 1.0 as permitted in the 1-1 Light Industrial
category.
Commission Memorandum
December 11, 2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 2
This request would also require new land development regulations to be created, which is
part of this application, in order to accommodate the specific site development
characteristics desired by the developer.
Prior to the submission of this request, staff met on several occasions with the applicant
in order to facilitate the application process. During those meetings, staff also expressed
concerns relative to the loss of industrial-zoned property in order to convert it to residential
use and concerns relative to traffic, utility provision, and hurricane evacuation, among
others. The applicant was also informed that this request is inconsistent with, and would
contravene several objectives and policies of the Comprehensive Plan.
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 this
Planning Board meeting, who reiterated those concerns. 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 how this
incompatibility of uses would affect 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). Th!3 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
provides a compatible transition along the boundary. This information was related to the
Planning Board.
Commission Memorandum
December 11, 2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 3
Based on the above information, 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.
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
westem-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 Official Zoning Map and the Land Development
Regulations of the City Code in order to convert the site from its current 1-1 Light Industrial
zoning classification to RM-PRD3 Residential Planned Development zoning district. Along
with the application, the applicant submitted proposed land development regulations for
the new RM-PRD3 zoning classification and a concept development plan for the subject
site that consisted 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 Govemment Cut. After the
July 23, 2002 Planning Board meeting, the applicant revised 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;
. 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
Comm~sronMemorondum
December 11, 2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 4
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, it is a well-known fact that 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 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. With regard to accommodations for large
yachts, the City may not be lacking for this kind of facility, as the Miami Beach Marina has
slips that can accommodate yachts that exceed 200 feet in length. However, the applicant
states that only vessels of shallow draft can be accommodated; this has not been
confirmed.
Throughout the various public hearings for this application, the U. S. Coast Guard has
expressed concerns 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 vessels take off at a speed of approximately 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.
One of staff's major concern is 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. Prior experience has proved
that when residential uses start intruding into industrial areas, the areas designated for
industrial use start diminishing, as the residents become uncomfortable with those uses. In
addition to the incompatibility of uses, the proposed height also affects view corridors and
is incompatible with the scale of surrounding single-family neighborhoods north of
MacArthur Causeway.
The most recently proposed land development regulations submitted by the applicant are
site-specific for the subject property. Staff has concerns with some of the proposed
regulations as they may conflict with adjacent land uses or are not entirely clear as to their
purpose. For instance:
. The setback requirement for Buildings from any property line is proposed at 12 feet.
This property is adjacent to a vehicle repair yard and a setback of 12 feet may not be
sufficient to ameliorate the impact of the incompatible use.
Commission Memorandum
December 11, 2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 5
The original concept plan proposed to have a setback requirement of 15 feet, which
was believed to be not enough separation from the existing adjacent uses.
. The regulations propose a minimum setback of 35 feet from any property line for
apartment buildings and a minimum of 100 feet from the front property line, which is
somewhat confusing and contradictory to the regulation proposed above. However, the
minimum setback requirement for the townhouses, which are sited adjacent to
Government Cut, is only proposed to be a minimum of 12 feet from any property line.
The original submission proposed a minimum setback for the townhouses of 15 feet
from any property line.
. The maximum height for the apartment tower was proposed to be 200 feet and the
townhouses at 40 feet. The townhouses however are increased in number from 5 to 10
and the maximum height has been increased to 50 feet, and the apartment tower
height was lowered to 160 feet.
Although the new concept plan shows what may be a reduction in height for the
residential tower, the regulations proposed would allow a maximum height of 200 feet.
There are no guarantees that the "concept" plan will remain at the same height as
proposed at this time because the regulations would allow for more height to be added
when the "concept" plan turns into a development plan.
. As of the writing of this report, the applicant has not indicated if the project is consistent
with the Miami-Dade County Shoreline Review process.
. The regulations provide for commercial uses allowed in the lobby and ground floor of
the apartment building for the residents and their guests. The new proposal shows a
reduction of seats in the restaurant from 198 to 96 seats. However, the proposed
restaurant still appears to be excessive for the number of units proposed in the concept
plan.
. The concept plan includes a mega-yacht marina, but there are no regulations included
for this use, although the marina is being proposed as a main use rather than
accessory use to the residential use.
. The new proposal includes parking requirements for this development and differs from
the original proposal in that one additional space per unit has been added for service
personnel. By the same token the new regulations clarify space requirement for each
use proposed.
One of the concerns with the proposed parking requirements is that there is a direct
relationship between the requirements and the mass of the parking structure. In
addition, with the reduction of the number of restaurant seats, there is also a reduction
Commission Memorandum
December 11, 2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 6
in the number of required parking spaces for the restaurant. However, the net effect
in the new proposal is an increase of 21 parking spaces - from 144 to 165.
In further reviewing the proposed regulations, it is noted that the marina is proposed as a
main permitted use. This is cause for concern because, depicted in this manner, the
marina can be turned into a commercial entity by itself and not as an accessory use for the
unit owners as purported verbally to staff. A commercial marina has the potential of
increasing the intensity of the proposed uses on the property and the impact on the
surrounding area. Furthermore, although the concept plan shows that the mooring of
vessels has been changed from perpendicular to parallel mooring and thus may have
reduced the number of slips, the length of the east seawall is over 1,000 feet and over 800
feet on the south, therefore, the possibility exists for increasing the number of slips by
modifying the distribution of mooring piles along the seawalls.
One of the resources staff may use for analysis is a comparison between the existing
regulations for similar uses or districts and where they are located, and the proposed
regulations for similarly situated properties. For purposes of this report, staff reviewed the
development regulations for bayfront properties in the RM-2, and the regulations for the
RM-3 zoning district. The maximum building height in the RM-2 districts, for lots fronting
on Biscayne Bay that are larger than 45,000 square feet (the subject parcel is +/- 5.5
acres), is 140 feet (south side of Belle Isle, and north of 15th Street on Bay Road to Dade
Boulevard). The maximum building height in the RM-3 districts is 150 feet for lots fronting
Biscayne Bay.
Lastly, as we learn more about the development plans of the City of Miami for Watson
Island, on the western end of the MacArthur Causeway, we believe that traffic will increase
because of the draw of Parrot Jungle and the Children's Museum. Although these
attractions may also work for the benefit of the City as people decide to continue their trips
to the beach, it is also cause for concern that the level of service at the intersection of
Terminal Island and MacArthur will be diminished.
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 Official
Zoning Map and the proposed development regulations, as the change of zoning
designation is incompatible with the zoning designation throughout Terminal Island and the
adjacent U.S. Coast Guard Base.
However, the Board made an additional motion requesting that should the City
Commission approve the requests, that the development regulations for this new zoning
district be remanded back to the Board for further review. Because approval of the zoning
map change and development regulations was contingent upon approval of the
Comprehensive Plan amendment, the proposed regulations were not properly reviewed
once the Planning Board recommended not to approve the change.
Commission Memorandum
December 11,2002
Set Public Hearing - Amendments to the Zoning map and LDRs
Page 7
CONCLUSION
The request is an amendment to the Official Zoning Map and the Land Development
Regulations of the City Code. Pursuant to Sec. 118-164(1) of the City Code, because the
proposed amendment involves less than 10 contiguous acres, notification by mail to all
property owners within 375 feet of the subject property is required. In addition, because
the request to amend the LDRs is initiated by an applicant other than the City (Sec. 118-
164(3)a.), the amending ordinance may be read by title or in full on two separate days.
Immediately following the public hearing at the second reading, the Commission may adopt
the ordinance by a 5nths vote.
In anticipation of setting the public hearing for January 8, 2003, the required 30-day mailed
notice was sent on or prior to December 6, 2002. In addition a newspaper notice will be
published at least seven days before the first City Commission public hearing.
JMG/CMC/JGG/ML
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