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Ordinance 2020-4372 4000 Alton Road Expansion - Rezoning ORDINANCE NO. 2020-4372 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41st STREET/INTERSTATE 195, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENTAL USE," TO THE PROPOSED ZONING CLASSIFICATION OF RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, on July 31, 2018, the Mayor's 41st Street Blue Ribbon Committee (the "Committee") discussed and recommended in favor of the 41st Street Urban Design Vision Plan, with proposed recommendations guided by core principles/strategies based upon resident feedback and the design team's analysis of the street; and WHEREAS, the 41st Street Urban Design Vision Plan prioritizes the importance of 41st Street as a primary gateway to Mid-Beach and Miami Beach, as a whole; and WHEREAS, the subject property has been determined to be "surplus property" by the Florida Department of Transportation (FDOT), and is therefore eligible to be conveyed to the owner of abutting property at 4000 Alton Road; and WHEREAS, the conveyance of the subject property to private ownership makes it incompatible with the GU, Government Use zoning classification; and WHEREAS, the subject property and the abutting property at 4000 Alton Road are uniquely situated as an "island" of land fronting three major roadways (I-195/Julia Tuttle Causeway, 41st Street, and Alton Road) at the entrance to Miami Beach; and WHEREAS, changing the zoning classification of the subject property as provided herein is necessary to ensure the development of the subject property will be compatible with development on adjacent property; and WHEREAS, by conforming development regulations for these adjacent and uniquely situated properties, this Ordinance will promote the health, safety, and welfare of the City; and WHEREAS, the City of Miami Beach has determined that this Ordinance will ensure that new development is compatible and in scale with the built environment, is consistent with the 41st Street Urban Design Vision Plan, and is in the best interests of 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. ZONING MAP AMENDMENT The following amendments to the City's zoning map designation for the property described herein are hereby approved and adopted, and the Planning Director is hereby directed to make the appropriate changes to the zoning map of the City: A parcel of land generally located adjacent to 4000 Alton Road and abutting 41st Street/Interstate 195 and described and depicted in Exhibit "A," is hereby changed from the current zoning classification of GU: Government Use, to the proposed zoning classification of RM-2"Residential Multifamily, Medium Intensity." 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. CODIFICATION It is the intention of the City Commission that the Official Zoning District Map, referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, be amended in accordance with the provisions of this Ordinance. SECTION 5. EFFECTIVE DATE This ordinance shall take effect 31 days after adoption, consistent with the effective date of the amendment to the Future Land Use Map of the City's Comprehensive Plan. PASSED AND ADOPTED this if day of Mwtmb" , 2020. ATTEST: = • ' -Dan Gelber, Mayor Zs aINCORP ORATEI)•y, Rafael E. ranado, City Clerk �ti 26,._- APPROVED AS TO FORM AND First Reading: October 14, 2020 LANGUAGE A Fr EXECUTION Second Reading: ovemb r 1 , 2020 e, IQ— ? Z 6 Verified by: City Attorney Date Thomas R. on , AICP Planning Director T:\Agenda\2020\10 October 14\Planning\4000 Alton Road REZONING-First Reading ORD.docx Ordinances-R5 E MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: November 18, 2020 5:01 p.m. Second Reading Public Hearing SUBJECT:4000 ALTON ROAD EXPANSION - REZONING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, 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 THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENTAL USE," TO THE PROPOSED ZONING CLASSIFICATION OF RM-2, "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY;" AND PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY HISTORY On October 16, 2019, at the request of Commissioners Michael Gongora and Ricky Arriola, the City Commission referred a discussion item to the Land Use and Development Committee (Item C4 T), pertaining to RM2 zoning regulations for 4000 Alton Road.The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC), and deferred to February 18, 2020, at the request of the proposer. On February 18, 2020, the item was deferred to March 17, 2020, also at the request of the proposer. The March 17, 2020 LUSC meeting was postponed, and the item was moved to the May 6, 2020 LUSC agenda. On May 6, 2020 the LUSC discussed the proposal and recommended that the City Commission refer the attached ordinance to the Planning Board. On May 13, 2020, the City Commission referred the ordinance to the Planning Board (Item C4 C). After this referral, Commissioner Michael Gongora withdrew as a co-sponsor. BACKGROUND On March 5, 2014 the City Commission approved a request is to amend the Future Land Use Map of the Comprehensive Plan and the Official Zoning District Map of the City of Miami Page 426 of 1430 Beach, for parcels of land adjacent to the "Talmudic University Site." Specifically, the Future Land Use Category for the subject parcels was changed from ROS, "Recreation and Open Space," to "RM-2, Residential Multifamily Medium Intensity" and the Zoning District Classification was changed from GU, "Government Use," to "RM-2, Residential Multifamily Medium Intensity". This action accommodated an acquisition of surplus properties from the Florida Department of Transportation (FDOT) by the Talmudic University. The current owner of the vacant parcel on the south side of the site, "M 4000 Alton Owner LLC do M-4000 Alton MGR, LLC" (aka MAST Capital) is in the process of acquiring an additional 0.406 acres of surplus land from the Florida Department of Transportation (FDOT). The proposed surplus parcel is located at the NW corner of the triangular block fronting Alton Road and south side of the Julia Tuttle Causeway. In order to accommodate this additional property and combine it with the existing site, MAST Capital is seeking the following land use amendments: 1. A re-zoning of the current FDOT parcel from GU, "Government Use" to RM-2, "Residential Multifamily, Medium Intensity". 2. A companion Future Land Use Map (FLUM) amendment to change the future land use designation of the FDOT parcel from the current Public Facilities: Government Use (PF) category to the Residential Multifamily Medium Intensity(RM-2)category. 3. An LDR amendment that would create specific development regulations pertaining to setbacks and paving garage liner requirements for the area abutting the west side of Alton Road and the south side of 41st Street/I nterstate 195. ANALYSIS PLANNING ANALYSIS The proposed re-zoning amendment will allow for the subject parcel to be combined with the abutting RM-2 parcel and form a unified development site. This is important because absent the combination with the abutting parcel, access to the site would be exceedingly difficult, and introduce more problems to an already congested access point from Alton Road to west bound 1-195. The proposed ordinance does not include or represent an increase in maximum allowable density or intensity, since the development regulations of the GU district are based on the surrounding districts,which in this case is RM-2. The subject parcel (17,680 SF)would allow for up to an additional 35,360 square feet of FAR, based on a maximum FAR of 2.0. The maximum density for the parcel is 41 units, based upon a density of 100 units per acre. CITY CHART ER ANALYSIS The request for changing the Zoning Map of the City, as well as the Future Land Use Map of the City's Comprehensive Plan is affected by the following City Charter provision: Sections 1.03 (c),which partially states: The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it Page 427 of 1430 • exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. In review of the floor area ratio limitation on the subject parcels, which are currently zoned GU (Government Use),the following applies: Sec. 142-425(a). Development regulations. The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU government use district shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director, which shall be approved by the city commission. The abutting zoning of the subject parcels, which is used to calculate the FAR of the subject parcel, is RM-2 and has a maximum FAR of 2.0. As the proposed rezoning to RM-2 does not increase the maximum allowable FAR for the subject parcel, the requested amendment complies with the requirements of the referenced Charter provision. 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. The RM-2 future land use category allows a density of 100 units per acre. The lot area of the affected by the proposed change is 0.406 acres. Based upon this data, the maximum number of units that could be developed for this area is 40.6 units. The maximum density in the PF district, is based on the surrounding districts, therefore, this does not • represent a density increase. Once a development proposal is submitted, 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 (Certificate) issued by the Miami-Dade County Public Schools prior to the development obtaining final site plan approval. 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. PLANNING BOARD REVIEW The item was noticed for the June 23, 2020 Planning Board agenda; at the request of MAST Capital,the item was continued to the July 27, 2020 Planning Board meeting. On July 27, 2020, also at the request of MAST Capital, the item was continued to the August 25, 2020 Planning Board meeting. On August 25, 2020 the Planning Board held a public hearing and transmitted the rezoning ordinance to the City Commission with an unfavorable recommendation by a vote of 6-0.The Planning Board members expressed concern with the increase in density and intensity on the larger site that would likely result with the Rezoning Amendment. SUMMARY Page 428 of 1430 Pursuant to the attached letter from FDOT, dated August 27, 2020, MAST Capital has received confirmation that the purchase of the subject parcel has been approved. MAST has also represented to the City that they are in active negotiations to finalize the purchase of the property and are working toward setting a closing date. The effective date of the proposed rezoning amendment, if adopted, will be predicated upon the completion of this transaction, and MAST obtaining full title to the parcel. The administration understands the concerns of the Planning Board regarding the potential increase in density associated with the inclusion of the FDOT surplus parcel into a larger property assemblage. However, given the extreme difficulties in accessing this parcel, as well as its relatively small size and awkward geometry, the best available option from a planning and land use standpoint would be to combine it with the abutting development site. In this regard, the density that would be generated by the addition of the parcel is not likely to exceed 30 units, and it could be less, depending upon the eventual floor plan layout. Also, access to the parcel, as well as the existing site,would be well buffered from Alton Road, and is not expected to create traffic back up issues due to the overall depth of the parcel and the location of vehicular entrance and drop-off areas toward the back of the site. As part of the development review process these circulation issues will be closely evaluated. In view of the foregoing, the administration is supportive of the proposed rezoning amendment and recommends approval. UPDATE The subject ordinance was approved at first reading on October 14, 2020, with no changes. Additionally, the City Commission referred this item, as well as the companion FLUM and LDR amendments, to the Planning Board for an advisory recommendation prior to second reading. On October 27, 2020, the Planning Board reviewed the rezoning, FLUM and amended LDR ordinances. The Planning Board made the following recommendations to the City Commission: 1. By a vote of 6-1, the Board recommended that all 3 ordinances be adopted at second reading. 2. By acclamation, the Board recommended that the developers transportation engineer work with City staff, as part of any future DRB application, to develop an effective traffic mitigation plan that will address all traffic and circulation issues at the site. CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. Applicable Area Middle Beach Is this a"Residents Right Does this item utilize G.O. Page 429 of 1430 to Know" item. pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ FDOT Purchase Letter ❑ Ordinance ❑ Ex parte communications ❑ Ad Page 430 of 1430 FDOT Florida Department of Transportation RON DESANTIS 1000 NW 111th Avenue KEVIN J.THIBAULT GOVERNOR Miami,FL, 33172-5800 SECRETARY August 27, 2020 Mast Capital, Inc. 2601 S Bayshore Dr. Suite 850 Coconut Grove, FL 33133 Subject: Request to Surplus FDOT Land —Approved Applicant : Mast Capital Item/Seg. No. : 4152301 Sect/Job No. 87090-2402 S. R. No. 907/I-1-95 (Julia Tuttle Cswy) County : Miami-Dade Parcel No. : 6836 Dear Christina Cuervo: This letter is to inform you that your request to purchase FDOT land at 4000 Alton Rd., Miami Beach has been approved. The approved parcel measures approximately 17,680sgft. In accordance with our Guidelines for the Purchase or Lease of FDOT land, upon notification by FDOT, the applicant must provide, at their own expense: 1. Sketch and Legal description of the parcel to be acquired. Two (2) original Signed and Sealed copies prepared by a Florida Licensed Surveyor in compliance with FDOT guidelines. (See Attached) 2. A property appraisal for the area to be conveyed to Mast Capital, Inc. The appraisal must be prepared by a qualified appraiser and the appraisal must comply with USPAP. FOOT will review and reserves the right to reject the appraisal. If FOOT does not accept the appraisal, the applicant will not be reimbursed for this cost. FDOT may have its own appraisal prepared for the property. 3. Property Owner Affidavit whereby you declare you are the abutting property owner. Please review the Property Owner Affidavit, sign, and witness and notarize and return original to my attention. (See Attached) www.fdot.gov Page 431 of 1430 Mast Capital Inc. August 27,2020 Page Two Once the above documents have been approved and a negotiated sale price agreed upon, we can proceed with the closing. Buyer to provide wire transfer in the amount of the negotiated purchase price along with cashier's check for the associated documentary stamps and recording fees. FDOT conveys property via a quit claim deed and does not conduct a title search. It may be in Mast Capital, Inc.'s best interest to conduct one. In addition, pursuant to Section 270.11, F.S. FDOT reserves mineral rights to the properties it conveys. If you wish for the Department to release mineral rights, you will need to provide us with a letter/petition requesting a release and justification for the release. Should you have any questions, please do not hesitate to contact me at (305) 470-5245 or via email at cindy.ramos-lealadot.state.fl.us. Sincerely, ()/1.,4- 0 Cindy B. Ramos-Leal Right of Way Agent End: Guidelines for Purchase or Lease, Sketch & Legal Description, Property Owner Affidavit Page 432 of 1430 Wednesday,October 14,2020 at 10:32:18 Eastern Daylight Time Subject: Fwd: Nautilus Area Homeowners Association ("NAHA") Board Resolution-4000 Alton Road Project Date: Tuesday, October 13, 2020 at 8:37:37 PM Eastern Daylight Time From: Aguila, Raul To: Mooney,Thomas, Kallergis, Nick Attachments: NAHA Resolution -4000 Alton Road Project FINAL AS SENT 9120 Clean.docx,ATT00001.htm Sent from my iPhone Begin forwarded message: From:Cynthia Jacobs<cynjacobs61@icloud.com> Date:October 13,2020 at 6:39:20 PM EDT To:"Gelber,Dan"<DanGelber@miamibeachfl.gov>,"Richardson, David" <DavidRichardson@miamibeachfl.gov>,"Arriola, Ricky"<RickyArriola@miamibeachfl.gov>,"Meiner, Steven"<StevenMeiner@miamibeachfl.gov>,"Samuelian,Mark"<Mark@miamibeachfl.gov>, "Steinberg, Micky"<MickySteinberg@miamibeachfl.gov>,"Gongora,Michael" <Michael@miamibeachfl.gov>,"Morales,Jimmy"<JimmyMorales@miamibeachfl.gov>,"Aguila,Raul" <Ra u lAgu i l a@ m is m i beachfl.gov> Subject:Re: Nautilus Area Homeowners Association("NAHA")Board Resolution-4000 Alton Road Project Dear Mayor Gelber,Commissioners,City Manager Morales and City Attorney Aguila: Good evening. I hope that all of you are doing well. Tomorrow when you vote on the Mast Capital project located at 4000 Alton Road, I would like to remind you of the below email sent from the President of our Nautilus Area Homeowners Association ("NAHA")on September 7,2020(Copy of NAHA Board Resolution is attached). NAHA represents homeowners in the neighborhood directly north of 41 Street and the NAHA Board passed a Resolution dated September 1,2020 which opposes the Mast Capital 4000 Alton Road Project plan and all zoning changes put forth by Mast at the August 25,2020 Planning Board meeting.At that meeting,the Planning Board voted unanimously(6-0)to send an unfavorable recommendation to the City Commission. Although now Mast Capital may not be requesting the height increase now and only reduced set backs, I would like to reiterate the homeowners'concerns that the Mast Capital project does not belong in the proposed location. The City should be acquiring the alleged FDOT surplus parcel for greenspace or City use. Why have a project that sits right at the entrance or exit of Miami Beach so there is no green space to block the concrete buildings? That is what will happen with the reduced set backs and the acquisition of the FDOT property to become a part of the project.Why can't we keep mid Beach without such high concrete density? The beauty of the entrance and exit to Miami Beach on Alton and 41st Street,where Mast Capital wants to build,will definitely take away that green space and you will immediately see a huge condo building upon your arrival/departure to/from mid Beach. If FDOT will Page 435 of 1430 Page 1 of 12 transfer the FDOT property to the City,why won't the City negotiate that acquisition? Please retain the beauty of Miami Beach at the 41st and Alton entrance. Please do not allow a developer to tarnish our entrance to our City. Please vote against any zoning changes for this project. Thank you for your consideration Cynthia(Cindy)Jacobs, Board member Nautilus Area Homeowners Association Born and raised on the Beach (59 years) On September 7,2020 at 1:47 PM,Michael Burnstine<mburnstine@att.net>wrote: Dear Mayor Gelber,Commissioners Steinberg,Samuelian,Gongora, Meiner,Arriola, Richardson,City Manager Morales and City Attorney Aguila: On behalf of the Nautilus Area Homeowners Association ("NAHA") Board,please find attached the Board Resolution dated September 1,2020 which opposes the Mast Capital 4000 Alton Road Project plan and all zoning changes put forth by Mast at the August 25, 2020 Planning Board meeting.At that meeting,the Planning Board voted unanimously (6-0)to send an unfavorable recommendation to the City Commission. Sincerely, Michael Burnstine President, Board of Directors Nautilus Area Homeowners Association Page 436 of 1430 Page 2 of 12 Wednesday,October 14,2020 at 10:32:18 Eastern Daylight Time Subject: Fwd: MBU Resolutions at City Hall Wednesday,October 14, 2020 Date: Tuesday,October 13, 2020 at 6:44:46 PM Eastern Daylight Time From: Steinberg, Micky To: Kallergis, Nick Begin forwarded message: From: Miami Beach United a� ibeachunited.org> Date:October 13,2020 at 10:58:21<info( miamAM EDT To: mic steinberg�a7miamibeachfl.gov Subject:MBU Resolutions at City Hall Wednesday,October 14,2020 Reply-To:infot miamibeachunited.org View as Webpage Ite A iocatt for esid is o. Mian eac, We are a`unity-based '501(c)4 not "-profit organization providing Miami Beach residents a cohesive'voice fair city- wide: sst that impact our quality of life dick here to oin us! i;.*,..::: 3, ,:7 a �. i � -.,-,•;..y,-5-4: 'y,-5 -.-c '� +, .r • i . � F5 For information about the Census, which has been extended to 10/31/20, and voter information, please click here. Page 437 of 1430 Page 3 of 12 The October 14, 2020 Commission Meeting will be held VIRTUALLY. To join the virtual commission meeting via Zoom: Please click this link to join the webinar: https://us02web.zoom.us/j/87066995212 Access ID is 870 6699 5212 To join via phone: US: +301.715.8592 or 888.475.4499 (Toll Free) Webinar ID: 870 6699 5212 It will also be streamed live on MBTV, on the City's website, and on Facebook Live at facebook.com/cityofm iamibeach. IF YOU WISH TO SPEAK ON AN ITEM DURING THE MEETING: Please click the "raise hand" button on the screen to raise your hand as soon as the item is called. This will pull you to the top of the list and make it easier for the team to find you in the list of attendees. Commission meetings start at 9 a.m.at the Commission Chambers. There is a Sutnick Hour, at which residents may address the Commission on any subject,from 8:30-9:00 a.m. Want to read the proposed Commission agenda items and get info about the Commission meeting on Wednesday? Click here. Want to contact your elected officials directly? Click here. Commission Meeting October 14, 2020 These are Miami Beach United's Resolutions C4R Executive Summary: This proposal would result in bi-annual, city-sponsored, town-hall style meetings between City staff and officials and the residents of our City. These meetings would allow for residents from South, Mid, and North Beach to interact with City staff and officials to address issues, ask questions, and express concerns that are specific to their neighborhoods. Why It Matters: • It bridges the communication gap regarding projects and issues specific to each neighborhood within our City. • It would greatly increase citizen understanding of the work being performed by City government in their respective neighborhoods. • Allows all residents to participate, not just neighborhood or condo association representatives. Miami Beach United SUPPORTS this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE Page 438 of 1430 Page 4 of 12 r..'• i pew _ _ .... Executive Summary: This resolution seeks to simplify single-family home development regulations and streamline the Design Review Board (DRB) process. Additionally, it removes the fee for home-based businesses. Why It Matters: • The current process is confusing and time consuming. • The development review process as it stands can be difficult, lengthy and costly. • With more people working from home due to COVID-19 this would be one less obstacle for residents. Miami Beach United SUPPORTS this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE r • + f ; R5J,IRSK,R5L Executive Summary: This resolution seeks to modify the zoning of this small parcel to accommodate a specific project at 4000 Alton which would negatively impact this area and its residents in terms of traffic, access, and quality of life. Why It Matters: • This area is one of the key entrance points to our city and it should be carefully • considered and handled. • This is a piecemeal approach to zoning to benefit a particular project. • Much of the affected community believes that there is no amount of public benefit that will match the negative impact on the community. Miami Beach United OPPOSES this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE and HERE and HERE Executive Summary: This resolution seeks to grant a height increase in the Faena Historic District to build a new tower which could overshadow contributing historic structures. There is already an existing approval for a 200 foot tower plus a 3 foot waiver. The new tower is proposed at 250 feet and would dwarf the historic Versailles, which is approximately half that height. Why It Matters: • Height increases in historic districts must always be considered with great caution. • The developer has taken on the responsibility to restore this historic gem, and must be held accountable for doing so with all due haste regardless of any other incentives they may or may not receive. Miami Beach United OPPOSES this resolution. Read the MBU Resolution in its entiretyby clicking HERE Page 439 of 1430 Page 5 of 12 Read the Commission Documents by(;licking HERE r • R5Q Executive Summary: This resolution seeks to modify the definition of"height of building" in an effort to increase resiliency to sea level rise in order to avoid the need for major alterations in the future. It would apply only to commercial structures and to their construction, repair or rehabilitation. Why It Matters: • The South Florida Climate impact study release in 2019 indicates that sea levels are rising at a faster rate than predicted. • It's important to apply flood resiliency to all existing and new construction, repair and rehabilitation to avoid costly redos in the future. Miami Beach United SUPPORTS this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE INSTALLATION INSTALLAitIltoF AN Au Emegiatky EMERGENCY POWER OFF(EPO),DEVICE Oft RENTALS OR LEO:600F M OPEDS,M CYCLES,AIN RIZED BICYCLES R5R Executive Summary: This resolution seeks to impose further restrictions on moped, motorcycle and motorized bicycle rentals by requiring the installation of an emergency power off (EPO) device onto each vehicle. Why It Matters: • The proliferation of rental mopeds exacerbates the out-of-control situation on Ocean Drive and beyond. • Safeguards already enacted have failed to curtail this behavior and so more restrictions and enforcement are needed. Miami Beach United SUPPORTS this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE Yt IM PLEMENTi t OF GENION AS i€; BAS FOR,ST€�R c>Y IIIIIIUYATEt Executive Summary: This resolution seeks to eliminate the requirement that all new stormwater pump stations be served by a dedicated back-up electrical generator by relying on FPL to provide alternate power sources. And while there may be situations where redundant power would not be feasible without installation of a-permanent generator, this would be considered on a case-by-case basis. Why It Matters: • Generators create major significant eyesores on City streets and near parks. • Permanent generator installation can be very costly. Page 440 of 1430 Page 6 of 12 • • Permanent generator installation can be very costly. Miami Beach United SUPPORTS this resolution. Read the MBU Resolution in its entirety by clicking HERE Read the Commission documents by clicking HERE 2020 Miami Beach United Board of Directors , Officers Tanya K.Bhatt,President Saul Gross,Treasurer Ron Starkman,VP,Government Affairs Raquel Pacheco,VP,Marketing Hortense DeCastro,Recording Secretary Directors Ryan Barras Rhea D'Souza Gayle Durham Herb Frank Jorge Gonzalez Jack Johnson Adam Kravitz Sarah Leddick Scott Needelman Kirk Paskal Sandra Stendel Nancy Liebman,Chair Emerita • Our Mission Dedicated to improving the quality of life for Miami Beach residents, managed and measured growth of our city, and ethical leadership of government — for a vibrant city rooted in history, its people, resources and neighborhoods, with focus on the future — by providing educational and analytical focus on the organization, structure, policies and performance of Miami Beach government. We share our newsletters with over 8000 subscribers, 75% of whom are registered Miami Beach voters. Miami Beach United I Streamline Properties/Saul Gross, 1125 Washington Avenue, Miami Beach, FL 33139 Unsubscribe mickvsteinberg( miamibeachfl.gov Update Profile I About our service provider Page 441 of 1430 Page 7 of 12 Wednesday,October 14,2020 at 10:32:18 Eastern Daylight Time Subject: Fwd:4000 Alton Rd. Date: Tuesday,October 13, 2020 at 6:43:57 PM Eastern Daylight Time From: Steinberg, Micky To: Kallergis, Nick Begin forwarded message: From:Roberto Cid<rmcidjstpatrickmiamibeach.com> Date:October 9, 2020 at 9:08:30 AM EDT To:"mickysteinberg@a miamibeachfl.gov"<mickysteinberg@miamibeachfl.gov> Subject:FW:4000 Alton Rd. Dear Commissioner Steinberg, Below for your information is an e-mail I sent to Commissioner Richardson. It is my sincere hope that you will follow the recommendation of the Planning Board, listen to the homeowners' associations and the neighbors and vote against any change in zoning, variances or the creation of a new district as requested by Mast capital. I further hope that your careful review of the e-mails will lead you to support the acquisition of FDOT surplus land by the City of Miami Beach. Fr. Roberto Cid From: Roberto Cid Sent:Wednesday, October 7, 2020 6:04 PM To `Richardson, David <DavidRichardson@ miamibeachfl.gov> Cc:Callejas, Luis<LuisCallejasPmiamibeachfl.gov> Subject: RE:4000 Alton Rd. Dear Commissioner Richardson, Thank you for your response to my email concerning the FDOT parcel in question. Per your recommendation, I did not just look at the map but went to the site and would like to share with you additional information that has been gathered from FDOT and City staff. The Florida Department of transportation parcel,as you know has, been declared surplus. This parcel is at the entrance to Miami Beach on the south side of the Julia Tuttle Causeway(Julia Tuttle), behind the Talmudic University and the Mast property. It is the east parcel owned by FDOT,to the west is another FDOT parcel used for staging and debris collection. Between these two FDOT parcels is a road connecting Alton road south to north, and an entrance to the Julia Tuttle west bound. This parcel can be accessed from an existing road currently used by the Page 442 of 1430 Page 8 of 12 City's Public Works Department to access the pump station, located between Talmudic University and the Julia Tuttle. During a meeting I had with James Wolfe, FDOT District 6 Secretary and Daniel Iglesias, FDOT Director of Development on August 28, 2020, Mr.Wolfe stated that a transfer of the parcel to the City of Miami Beach could be made for public use at no cost. This has been done with transfers of property to other governmental entities, including the City of Miami Beach when North Shore Open Space and the parking lots to the west were transferred to the City at no cost. The City can utilize this parcel for debris storage/removal after a storm and staging of projects utilizing the entry point that exist and reflected in the above paragraph. However, if this is not the choice of the City Administration to do,this parcel can be utilized for water management, as stated by the Public Works to the residents. Additionally,this parcel if it remains as green space for water management, it will further the City's compliance with the State Comprehensive plan for open space. A building on this parcel would destroy the view as one enters our City through the Julia Tuttle and/or drives through the connecting road from Alton Road south to north. The intersection of Alton Road and 41st Street is currently at a Level of Service(LOS) D. As per the City's Planning Department,Chief of Community Planning and Sustainability,there are no levels of service for traffic adopted in the State Comprehensive Plan, however a LOS D is a failing grade and only to become worse if the Mast Project with the requested variances and expansion into the FDOT parcel is approved. A LOS D in a school district and single family neighborhood is not acceptable nor a public benefit. On February 2014,the City Commission adopted ordinance 2014-3839 which increased the height limit from 60 feet to 85 feet for the area fronting the west side of Alton Road between 41st Street and west 34th Street(Talmudic Site).There was a companion land use map and zoning map amendment to expand the RM-2 area,as the Talmudic University had acquired surplus land from FDOT. These variances were granted in 2014,and typically expire in 18 months, unless there are extensions granted by the State due to unforeseen circumstances such as a hurricane, a pandemic,etc. A question arises as to why the Talmudic University and Mast project continue to benefit from these variances,that would have otherwise expired. I trust this information helps you and all of the elected officials to act in the best interest of the public, reject the variances requested by Mast Capital as recommended by the Planning board and direct the City administration to enter into conversations with FDOT to acquire the property that has been declared surplus. Sincerely in Christ, Fr. Roberto Cid From: Richardson, David<DavidRichardson0miamibeachfl.gov> Sent:Thursday,October 1, 2020 5:34 PM To: Roberto Cid <rmcidPstpatrickmiamibeach.com> Cc:Callejas, Luis<LuisCallejas@miamibeachfl.gov> Subject:Re:4000 Alton Rd. WARNING:This e-mail originated from outside the organization.Do not click links or open Page 443 of 1430 Page 9 of 12 attachments unless you recognize the sender and know the content is safe. Fr. Cid, Thanks for reaching out. Have you looked at the map to determine the exact location of the surplus land?We hayed received several emails suggesting the land could be useful to the city. There is no way the land could be used for debris staging. Given the location of the land, it is hard to image how the city could use the land for anything.Also, given that we are in an unusual situation of dealing with a pandemic,there is no"excess" money available to purchase surplus land-even if the land were useful to the city. Please review the map and let me know if you still believe the land could be useful to the city. Please let me know how the land could be used. I appreciate your input, as always. all the best, david richardson On Oct 1, 2020, at 5:25 PM, Roberto Cid<rmcidfa stpatrickmiamibeach.com> wrote: Dear Commissioner Richardson, I am writing to urge you to follow the recommendation of the Planning board for the property on 4000 Alton Rd. and vote against any variances,changes in zoning or the creation of a new district as requested by Mast Capital. Furthermore, I would like to respectfully request that you make a motion and vote to instruct the City administration to acquire the FDOT property that has been declared surplus abutting Talmudic university and 4000 Alton Rd. FDOT officials have indicated that they offered the land to City administration and their offer was dismissed off-hand. It is frankly beyond my comprehension that they would do so without even consulting with the proper departments.The Commission had given directives to acquire land for debris staging.Also,that particular piece of land needs to be preserved for future road improvements,given the fact that the intersection at Alton and 41 is providing a level of service that is less than desirable, below the City's own target and rapidly deteriorating. The City of Miami Beach acquiring that piece of property from FDOT will provide a public benefit at many levels and I encourage you to lead that project. Sincerely in Christ, Fr. Roberto Cid Page 444 of 1430 Page 10 of 12 Wednesday,October 14,2020 at 10:32:18 Eastern Daylight Time Subject: 4000 Alton Date: Tuesday, October 13, 2020 at 6:43:40 PM Eastern Daylight Time From: Steinberg, Micky To: Kallergis, Nick CC: Trofino,Tathiane Nick, I have received emails that I will forward and Tati did meet(virtually)with Michael Larkin. Thanks. Page 445 of 1430 Page 11 of 12 Wednesday,October 14,2020 at 10:32:18 Eastern Daylight Time Subject: ex parte-4000 Alton Date: Friday, October 9, 2020 at 7:53:07 PM Eastern Daylight Time From: Samuelian, Mark To: Kallergis, Nick Also, I had a conversation with Alex Fernandez. Thank you. MIAMIBEACH Mark Samuelian Commissioner Office of the Mayor and Commission 1700 Convention Center Drive, Miami Beach, FL 33139 Tel:305-673-7000/Ext.7104 www.miamibeachfl.gov Page 446 of 1430 Page 12 of 12 SUNDAY NOVEMBER 12020 NEIGHBORS I 123NE MIAMIHERALD.COM i M fAf t NOTICE OF PUBLIC HEARINGS • ORDINANCES AMENDING: 1)THE ZONING DISTRICT CLASSIFICATION;2)THE FUTURE LAND USE MAP(FLUM)OF THE MIAMI BEACH COMPREHENSIVE PLAN;AND 3)THE LAND DEVELOPMENT REGULATIONS(LDR) FOR PROPERTIES THAT FRONT THE WEST SIDE OF ALTON ROAD AND THE JULIA TUTTLE CAUSEWAY FOR THE 4000 ALTON ROAD EXPANSION (4000 ALTON ROAD,FRONTING 41ST STREET/I-195) NOVEMBER 18,2020 CITY COMMISSION MEETING As society returns to a'new-normal.'the City of Miami Beach will host a hybrid Commission meeting on November 18,2020.The Mayor and at least four Commissioners will be physically present in a socially distanced manner at the Commission Chamber,Third Floor,City Hall,1700 Convention Center Drive,Miami Beach,Florida.(Note that this location is subject to change,please contact the Office of the City Clerk for possible updates.)Members of the public may comment on any item on the agenda using the Zoom platform.Members of the public wanting to participate virtually may do so via video conferencing.To participate or provide comments virtually,the public may join the City Commission Meeting at:https://miamibeachtl-gov.zoom.usly86076255237 or via telephone at: 1.301.715.8592(U.S.)or 877.853.5257(Toll Free).The Webinar 10 is:560762552376.Members of the public wanting to virtually speak on an item during the City Commission Meeting,must click the 'raise hand'icon if using the Zoom app or press'9 on the telephone to raise their hand. NOTICE IS HEREBY GIVEN that the following Second Readings/Public Hearings will be heard by the Mayor and Cily Commissioners of the City of Miami Beach,Florida,on November 18,2020 at the following times,oras soon thereafter as the matter can be heard: 5:01 o.m.Second Reading Public Heating 4000ALTON ROAD EXPANSION-REZONING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,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 THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195.FROM THE CURRENT ZONING CLASSIFICATION OF GU,"GOVERNMENTAL USE,'TO THE PROPOSED ZONING CLASSIFICATION OF RM-2, 'RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY;"ANO 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. 5:02 n.m.Second Reading Public Hearing 4000 ALTON ROAD EXPANSION-FLUM/COMPREHENSIVE PLAN AMENDMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,PURSUANT TO THE PROCEDURES IN SECTION 163.3187,FLORIDA STATUTES,TO AMEND THE FUTURE LAND USE MAP OF THE MIAMI BEACH COMPREHENSIVE PLAN.BY CHANGING THE DESIGNATION FOR THE PARCEL LOCATED ABUTTING 4000 ALTON ROAD AND FRONTING 41ST STREET/INTERSTATE 195,FROM THE CURRENT DESIGNATION OF PP.-PUBLIC FACILITY:GOVERNMENT USE,'TO THE PROPOSED DESIGNATION OF RM-2, 'RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY;"PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN;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. 5:03 o.m.Second Reading Public Hearing 4000 ALTON ROAD-LDR AMENDMENTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH.AT SUBPART B,ENTITLED. 'LAND DEVELOPMENT REGULATIONS,'BY AMENDING CHAPTER 142 OF THE CITY CODE,ENTITLED'ZONING DISTRICTS AND REGULATIONS,"ARTICLE II,ENTITLED'DISTRICT • REGULATIONS,"DIVISION 3,ENTITLED'RESIDENTIAL MULTIFAMILY DISTRICTS."SUB-DIVISION IV,ENTITLED"RM-2 RESIDENTIAL MULTIFAMILY,MEDIUM INTENSITY,"CREATING SECTION 142-220,ENTITLED.`ADDITIONAL REGULATIONS FOR PROPERTIES THAT FRONT THE WEST SIDE OF ALTON ROAD AND THE JULIATUTTLE CAUSEWAY,'TO CREATE ZONING REGULATIONS FOR PROPERTIES LOCATED WITHIN SUCH AREA;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 maybe directed to the Planning Department at 305.673.7550. INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.The public may submit written comments by sending an email to:CltyClerk©g miamibeach0.gov by 5:00 p.m.the day before the City Commission Meeting.Please identify the Agenda Item Number in the entail subject line.Emails received will be forwarded to the Mayor and Commissioners and will be included as a part of the meeting record. Copies of Agenda Items are available for public inspection at:haps://www.miamibeachfl.gov/city-halllcity-derk/agendaarchive-main-page-21.This meeting,or any item therein,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 1 for English or 2 for Spanish,then option 6;TTY users may call via 711(Florida Relay Service). The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable on the City's website at hops:/lwww.mfamibeechfl.govigovernmenUmbty/,as well as on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and ROKU device on PEG.TV channel,and on social media at httpsltvnnv.facebook.comfcityofmiamibeach. Rafael E.Granado,City Clerk City of Miami Beach CItyClerk@miamibeachfl.gov 305.673.7411 Ad 11182020-01 Page 447 of 1430