Ordinance 2019-4288 Comprehensive Plan Amendment— portions of Ocean Terrace and 75th Street
• ORDINANCE NO. 2019-4288
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND
USE MAP OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE
PLAN BY CHANGING THE FUTURE LAND USE CATEGORY
PURSUANT TO SECTION 118-166 OF THE CITY CODE, AND
PURSUANT TO SECTIONS 163.3181 AND SECTION
163.3187, FLORIDA STATUTES, BY CHANGING THE FUTURE LAND
USE DESIGNATION FOR A PARCEL OF LAND LOCATED IN THE
EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY (BETWEEN
THE CENTERLINE OF 74th STREET AND THE NORTHERN RIGHT OF ti
WAY LINE OF 75th STREET AS SHOWN ON THE PLAT. OF THE •
TOWNSITE OF HARDING, RECORDED IN PLAT BOOK 34, PAGE 4
OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND
LOCATED IN THE 75th STREET RIGHT OF WAY BETWEEN OCEAN
TERRACE AND COLLINS AVENUE, AND WHICH IS COMPRISED OF
LESS THAN 10 ACRES, FROM THE CURRENT DESIGNATIONS OF
PF, "PUBLIC FACILITY," AND ROS, "RECREATION AND OPEN
SPACE," TO THE FUTURE LAND USE CATEGORIES OF CD-2,
"COMMERCIAL MEDIUM INTENSITY," AND MXE, "MIXED-USE
ENTERTAINMENT"; AND PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the changes to the comprehensive plan designations of the subject
parcel provided herein are necessary to ensure that the development of the sites will be
compatible with development in adjacent and surrounding areas, and in scale with the
built environment, and will contribute to the general health and welfare of the City of
Miami Beach (the "City"); and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT
The following amendment to the City's Future Land Use Map designation for the
property described herein is hereby approved and adopted and the Planning Director is
hereby directed to make the appropriate changes to the City's Future Land Use Map:
1. A portion of the right of way of 75th Street, being more particularly
described as follows: Commence at the Northwest corner of Lot 8 in
Block 1, of Townsite of Harding, according to the plat thereof as
recorded in Plat Book 34, at Page 4, of the public records of Miami-
Dade County, Florida; thence North 02°58'50" West, along the
Northerly prolongation of the West line of said Lot 8, for 32.50 feet to
the Point of Beginning; thence continue North 02°58'50" West, along
said Northerly prolongation, for 7.50 feet to a point on the North line of
Government Lot 7, lying in Section 2, Township 53 South, Range 42
East, also being the North line of Plat Book 34 at Page 4; thence
North 86°59'28" East along said North line of Government Lot 7 for
131.16 feet; thence South 01°34'02" East, along the Southerly
prolongation of the center line of Atlantic Way, for 7.50 feet; thence
South 86°59'28" West for 130.98 feet to the Point of Beginning,
consisting of approximately 983 Square Feet (0.023 Acres), as
depicted in Exhibit "A," from the current designation of"Public Facility
(PF)," to the future land use category of "Medium Intensity
Commercial Category(CD-2),"and
2. A portion of the right of way of 75th Street, being more particularly
described as follows: Commence at the Northwest corner of Lot 8 in
Block 1, of Townsite of Harding, according to the plat thereof as
recorded in Plat Book 34, at Page 4, of the public records of Miami-
Dade County, Florida; thence North 02°58'50" West, along the
Northerly prolongation of the West line of said Lot 8, for 40.00 feet to
a point on the North line of Government Lot 7, lying in Section 2,
Township 53 South, Range 42 East, also being the North line of Plat
Book-34 at Page 4; thence North 86°59'28" East along said North line
of Government Lot 7 for 131.16 feet to the Point of Beginning; thence
continue North 86°59'28" East along said North line of Government
Lot 7 for 15.00 feet; thence South 01°34'02" East for 7.50 feet; thence
South 86°59'28" West for 15.00 feet; thence North 01°34'02" West,
along the Southerly prolongation of the center line of Atlantic Way, for
7.50 feet to the Point of Beginning, consisting of approximately 113
Square Feet (0.003 Acres), as depicted in Exhibit "B," from the current
designation of"Recreation and Open Space (ROS)," to the future land
use category of"Medium Intensity Commercial Category(CD-2)," and
3. A portion of the right of way of 75th Street and Ocean Terrace, being
more particularly described as follows: Commence at the Southeast
corner of Lot 7 in Block 1, of Townsite of Harding, according to the
Plat thereof, as recorded in Plat Book 34, at Page 4, of the public
records of Miami-Dade County, Florida; thence South 02°58'50" East,
along the Southerly prolongation of the West right of way line of
Ocean Terrace (First Avenue per Plat Book 34, at Page 4), for 30.00
feet to a point on the center line of 74th Street (Third Street per Plat
Book 34, at Page 4); thence North 86°59'28" East, along said center
line, for 30.00 feet to the Point of Beginning; thence continue North
86°59'28" East, along said center line, for 30.00 feet to a point on the
East right of way line of said Ocean Terrace; thence North North
02°58'50" West, along said East right of way line, for 420.00 feet to a
point on the North line of Government Lot 7, lying in Section 2,
Township 53 South, Range. 42 East, also being the North line of Plat
Book 34, at Page 4; thence South 86°59'28" West along said North
line of Government Lot 7 for 209.84 feet; thence South 01°34'02" East
for 7.50 feet; thence North 86°59'28" East for 180.02 feet; thence
South 02°58'50" East for 412.50 feet to the Point of Beginning,
consisting of approximately 13,949 Square Feet (0.320 Acres), as
depicted in Exhibit "C," from the current designation of "Recreation
and Open Space (ROS)," to the future land use category of "Mixed-
Use Entertainment Category(MXE)."
SECTION 2. REPEALER
All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 4. INCLUSION IN COMPREHENSIVE PLAN
It is the intention of the City Commission that the Comprehensive Plan's Future
Land Use Map be amended in accordance with the provisions of this Ordinance.
SECTION 5. TRANSMITTAL
The Planning Director is hereby directed to transmit this Ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect 10 days after adoption.
PASSED AND ADOPTED this 3/ day of ..JGY , 2019.
Dan Gel , ayor
ATTEST:
r
'L
I , is lel
Rafael Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
CVA. 1 Or i — 4) 1 rg I 01
City Attorney Date
First Reading: June 26, 2019 4 \V
Second Reading: July 17, 2019 Vt--
(Sponsored by (cmmissioner I c1y A riola)
, %, qmpll I
�'��01....B III',
Verified by: / -NQ� • F'9�,�.,
Thomas R. Moone AICP :�. • y .
Planning Director , : 2 1
• *:•INCORP ORATED' *• y
,It%hv\.C-..������
Ordinances - R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 31, 2019
11:30 a.m. Second Reading Public Hearing
SUBJECT: PORTION OF OCEAN TERRACE, 74TH STREET AND 75TH STREET
RIGHTS OF WAY- COMPREHENSIVE PLAN
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP
OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE PLAN BY
CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO
SECTION 118-166 OF THE CITY CODE, AND PURSUANT TO SECTIONS
163.3181 AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING
THE FUTURE ,LAND USE DESIGNATION FOR A PARCEL OF LAND
LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY
(BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN
RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE
TOWNSITE OF HARDING, RECORDED IN PLAT BOOK 34, PAGE 4 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND LOCATED IN THE
75TH STREET RIGHT OF WAY BETWEEN OCEAN TERRACE AND
COLLINS AVENUE, AND WHICH IS COMPRISED OF LESS THAN 10
ACRES, FROM THE CURRENT DESIGNATIONS OF PF, "PUBLIC
FACILITY," AND ROS, "RECREATION AND OPEN SPACE," TO THE
FUTURE LAND USE CATEGORIES OF CD-2, "COMMERCIAL MEDIUM
INTENSITY,"AND MXE, "MIXED-USE ENTERTAINMENT";AND PROVIDING
FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On December 12, 2018, the City Commission unanimously adopted the Ocean Terrace
Neighborhood Urban Design Plan that was produced by the Corradino Group and Garcia-Pons
+ Associates. The Finance and Citywide Projects Committee (FCWPC) discussed how to
implement the plan at its February 22, 2019 meeting. The FCWPC directed staff to explore
ways to prioritize and fund the proposed public improvement project. During the February 22,
2019 FCWPC, staff reported that after review of funding alternatives for the approximate $15
Page 357 of 1288
million that would be required to bring the Ocean Terrace Park Plan to fruition, the administration
recommended the City explore entering into a public-private partnership through a development
agreement. The administration requested the opportunity to solicit potential public/private
partnership options to fund the Ocean Terrace Neighborhood Urban Design Plan. The FCWPC
agreed and ask the administration to return with potential partners.
At the March 22, 2019 FCWPC meeting, the administration 'returned with a potential
public/private partnership with Ocean Terrace Holdings, LLC, the owner of adjacent lots on the
west side of Ocean Terrace. The FCWPC reviewed the conceptual plans and recommended
that the City Commission refer a discussion to consider the vacation of portions of Ocean
Terrace, 74th Street and 75th Street in favor of Ocean Terrace Holding, LLC and to determine
whether the City should negotiate a development agreement that provides for a public benefit.
The development agreement included the vacation of certain rights-of-way on and adjacent to
Ocean Terrace in exchange for a public benefit to fund and/or construct a new public park along
Ocean Terrace. The FCWPC recommended that the administration retain a consultant to
assess the economic benefits that the proposed project would provide and to proceed with
discussions with Ocean Terrace Holding, LLC and to return to the FCWPC with the terms and
conditions, including the public benefits and economic impact. The FCWPC further
recommended that the item be referred to the Land Use and Development Committee, as well
as the Planning Board.
On April 10, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred
the proposed ordinance to the Land Use and Development Review Committee and the
Planning Board (Item C7 I). On May 22, 2019 the Land Use Committee discussed the item and
recommended that the City Commission approve the proposed Comprehensive plan
amendment, as well as the proposed vacation of portions of 74th Street, 75th Street and Ocean
Terrace.
BACKGROUND
The administration has retained consultants at the developer's expense to assess the economic
benefits that the proposed project would provide and to conduct an appraisal. The
administration has also been authorized to negotiate a development agreement with Ocean
Terrace Holding, LLC (and affiliates/Ocean Terrace property owners), to evaluate the public
benefit of such an agreement, including but not limited to the vacation of portions of the Ocean
Terrace and 74th / 75th Street rights of way, and to evaluate the impact of such a development
agreement will have on the City and the Ocean Terrace/North Beach corridor.
PLANNING ANALYSIS
Zoning /Site Data
Site Area: 15,045 SF /0.345 AC
Existing FLUM Category: Recreation and Open Space (ROS)and Public Facilities (PF)
Proposed FLUM Category: Mixed Use Entertainment Category (MXE) and Medium Intensity
Commercial Category(CD-2)
Existing Land Uses
North: Public Library& Public Parking Lot
East: Dunes & Beach
South: Residential Buildings
West: Commercial Buildings
The Proposal
Page 358 of 1288
The proposal is to change the future land use and zoning designations of portions of the Ocean
Terrace right of way (ROW) northeast of the midpoint of 74th Street and of the southern portion
of the 75th Street ROW east of Collins Avenue, to be consistent with the abutting private
property. Portions of the ROW will then be vacated with a perpetual access easement being
granted to the City. This will allow the developers of the abutting property to utilize the FAR from
the vacated ROW, in exchange for making improvements to Ocean Terrace and side streets
between 73rd and 75th Streets, consistent with the adopted Ocean Terrace Neighborhood
Plan. A development agreement is proposed as well, which will provide the details and
enforcement mechanisms of the proposal.
Currently, the affected ROW area located along Ocean Terrace and the eastern half of the
affected part of 75th Street has a future land use map (FLUM) designation of ROS. The
western half of the affected part of 75th Street has a FLUM designation of PF. See attached
map. The proposal is to change the FLUM designation of the affected portion of Ocean Terrace
and the eastern portion of the affected part of 75th Street to MXE, to be consistent with the
abutting parcels. The western portion of the affected part of 75th Street is proposed to change
to CD-2, to be consistent with the abutting parcels.
Comprehensive Plan Process
The total land area involved in this application is 0.345 acres (15,045 SF). Under Section
163.3187 F.S., land use map amendments of less than 10 acres in size may be considered
"small-scale" amendments, which require only one public hearing before the City Commission,
which shall be an adoption hearing. Upon adoption, the local government shall send a copy of
the adopted small-scale amendment to the State Land Planning Agency so that the agency can
maintain a complete and up-to-date copy of the City's comprehensive plan.
Interlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes,
requiring each local government to adopt an intergovernmental coordination element as part of
their comprehensive plan, as well as a statutory mandate to implement public school
concurrency.
Currently there is a proposal to change the use of the site to a hotel. If there were a modification
that established residential units, final site plan approval is contingent upon meeting public
school concurrency requirements and the applicant will be required to obtain a valid school
concurrency determination certificate issued by the Miami-Dade County public schools. Such
certificate will state the number of seats reserved at each school level. In the event sufficient
seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party
development agreement and duly executed prior to the issuance of a building permit.
Summary
The proposed amendment to the FLUM of the City's comprehensive plan and the change to the
zoning map require that these amendments be processed together, as they are interrelated to
one another; however, separate motions must be made for each application. The amendments
will provide for consistency between the FLUM and the zoning atlas. The change will allow for
the implementation of the Ocean Terrace Neighborhood Plan.
PLANNING BOARD REVIEW
On May 21, 2019, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0.
Page 359 of 1288
UPDATE
The subject ordinance was approved at first reading on June 26, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner RickyArriola
ATTACHMENTS:
Description
❑ Form Approved ORD - Comp Plan
❑ Advertisement
Page 360 of 1288
SUNDAY JULY 212019 NEIGHBORS 19NE
MIAMIHERALD.COM
MIAMIBEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
ORDINANCES AMENDING THE COMPREHENSIVE PLAN AND CHANGING THE ZONING
DISTRICT FOR PORTION OF OCEAN TERRACE, 74TH STREET AND
75TH STREET RIGHTS OF WAY
JULY 31, 2019
NOTICE IS HEREBY given that the following public hearings will be heard by the Mayor and City Commissioners of the City of Miami Beach, Florida,
in the Commission Chamber,Third Floor,City Hall, 1700 Convention Center Drive, Miami Beach, Florida,on July 31,2019 at the time listed,or as soon
thereafter as the matter can be heard:
11:30 a.m.Second Reading Public Hearing
PORTION OF OCEAN TERRACE, 74TH STREET AND 75TH STREET RIGHTS OF WAY-COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE
MAP OF THE CITY OF MIAMI BEACH 2025 COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY PURSUANT TO
SECTION 118-166 OF THE CITY CODE,AND PURSUANT TO SECTIONS 163.3181 AND SECTION 163.3187, FLORIDA STATUTES, BY CHANGING
THE FUTURE LAND USE DESIGNATION FOR A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY
(BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE
TOWNSITE OF HARDING,RECORDED IN PLAT BOOK 34,PAGE 4 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY),AND LOCATED IN THE
75TH STREET RIGHT OF WAY BETWEEN OCEAN TERRACE AND COLLINS AVENUE,AND WHICH IS COMPRISED OF LESS THAN 10 ACRES,
FROM THE CURRENT DESIGNATIONS OF PF, "PUBLIC FACILITY,"AND ROS, "RECREATION AND OPEN SPACE,"TO THE FUTURE LAND USE
CATEGORIES OF CD-2, "COMMERCIAL MEDIUM INTENSITY"AND MXE, "MIXED-USE ENTERTAINMENT";AND PROVIDING FOR INCLUSION IN
THE COMPREHENSIVE PLAN,TRANSMITTAL, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to
Section 118-166 of the City's Land Development Code. Inquiries may be directed to the Planning Department at 305.673.7550.
11:35 a.m.Second Reading Public Hearing
PORTION OF OCEAN TERRACE,74TH STREET AND 75TH STREET RIGHTS OF WAY-ZONING DISTRICT CHANGE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING
DISTRICT MAP, CONSISTENT WITH THE REQUIREMENTS OF CITY CODE SECTION 142-72,"DISTRICT MAP,"AND PURSUANT TO CITY CODE
SECTION 118-162, "PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR A PARCEL
OF LAND LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY(BETWEEN THE CENTERLINE OF 74TH STREET AND THE
NORTHERN RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE TOWNSITE OF HARDING, RECORDED IN PLAT BOOK
34, PAGE 4 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND LOCATED IN THE 75TH STREET RIGHT OF WAY BETWEEN OCEAN
TERRACE AND COLLINS AVENUE, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT ZONING CLASSIFICATION
OF GU, "GOVERNMENT USE DISTRICT," TO CD-2, "COMMERCIAL MEDIUM INTENSITY DISTRICT,"AND MXE, "MIXED-USE ENTERTAINMENT"
AND EXTENDING THE BOUNDARY OF THE OCEAN TERRACE OVERLAY ZONE TO ENCOMPASS SAID PARCEL OF LAND;AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. This Ordinance is being heard pursuant to Section 118-164 of the City's
Land Development Code.Inquiries may be directed to the Planning Department at 305.673.7550.
Interested parties are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City
Commission, c/o the City Clerk, 1700 Convention Center Drive, l5` Floor, City Hall, Miami Beach, Florida 33139. Copies of these items are available
for public inspection during normal business hours in the Office of the City Clerk, 1700 Convention Center Drive, l5` Floor, City Hall, Miami Beach,
Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing,such person must ensure that a verbatim record of the proceedings is made,which
record includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format,sign language interpreter(five-day notice required),information on access for persons with disabilities,and/
or any accommodation to review any document or participate in any City-sponsored proceedings,call 305.604.2489 and select option 6;TTY users may
call via 711 (Florida Relay Service).
Rafael E. Granado,City Clerk
City of Miami Beach
Ad:073119-06
Page 364 of 1288