Ordinance 2020-4381 Wolfsonian Arts District-Comprehensive Plan Amendment
ORDINANCE NO. 2020-4381
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH 2040
COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED
STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA
STATUTES, BY AMENDING THE "RESILIENT LAND USE AND
DEVELOPMENT ELEMENT," GOAL RLU 1, ENTITLED "LAND
USE," OBJECTIVE RLU 1.1, ENTITLED "ESTABLISHMENT OF
FUTURE LAND USE CATEGORIES," AT POLICY RLU 1.1.9,
ENTITLED "MEDIUM INTENSITY COMMERCIAL (CD-2)," TO
INCREASE THE MAXIMUM FLOOR AREA RATIO(FAR)WITHIN
THE "WOLFSONIAN ARTS DISTRICT"; AND DESIGNATING
THE "WOLFSONIAN ARTS DISTRICT" ON THE FUTURE LAND
USE MAP; AND PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, Miami Beach native Mitchell Wolfson Jr. amassed a word-class collection of
artifacts, collectibles, and art that traces society's transition during one of the greatest periods of
growth and change humanity has ever known between 1850 and 1950, commonly referred to as
the Modern Age; and
WHEREAS, the collection was originally stored and amassed in the Washington Storage
Company building, a Mediterranean Revival building constructed in 1927 that is a beacon of
history and culture in Miami Beach; and
WHEREAS, Mitchell Wolfson Jr. founded the Wolfsonian Foundation, which purchased
• the former Washington Storage Company building to showcase the collection for the benefit of
the public, and to attract researchers and scholars from around the world to Miami Beach; and
WHEREAS, in 1992, renowned architects Mark Hampton and William Kearns masterfully
renovated and expanded the Washington Storage Company building as a state-of-the-art
museum and research center to serve as an iconic landmark of Miami Beach's historic Art Deco
District(hereinafter referred to as the "Wolfsonian"); and
WHEREAS, in 1997, the Wolfsonian was generously gifted to Florida International
University, which greatly increased opportunities for community engagement, as well as
expanded the Wolfsonian and Florida International University's cultural and scholarly influence;
and
WHEREAS, in 2009 and 2012, the Wolfsonian was recognized as a world-class cultural
institution and awarded grants from the Andrew W. Mellon Foundation and James L. Knight
Foundation to expand access to the collection and increase cultural enrichment opportunities both
physically and online; and
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WHEREAS, the City of Miami Beach seeks to enrich and sustain cultural institutions such
as the Wolfsonian that solidify Miami Beach as a center of history, culture, and design; and
WHEREAS, in order to expand its programs, including children's and education programs,
increase community and scholarly engagement with the arts, encourage greater online and
physical access, and grow the collection, the Wolfsonian seeks to renovate and expand its prized
Washington Avenue building; and
WHEREAS, the previous expansion and renovation that permitted the proliferation of the
Wolfsonian as an influential cultural institution in combination with the zoning regulations
applicable to the property depleted the development rights available for the planned and funded
future expansion of the Wolfsonian; and
WHEREAS, the City previously created development regulations specific to Washington
Avenue pursuant to the input and recommendations of the Mayor's Washington Avenue Blue
Ribbon Task Force; and
WHEREAS, consistent with the City's efforts the Wolfsonian has contributed to the locally
designated Historic District and the improvement of conditions on Washington Avenue; and
WHEREAS, the proposed expansion of the Wolfsonian presents a unique opportunity for
the City to encourage engagement with the City's historic and artistic roots; and
WHEREAS, the Wolfsonian property is located within the CD-2 District that fronts on the
east side of Washington Avenue and is uniquely situated to serve as the Wolfsonian Arts District;
and
WHEREAS,the proposed zoning regulations applicable to the Wolfsonian Arts District will
allow for increased Floor Area Ratio and modified setback requirements to reflect the unique
opportunity for enhancement of a thriving cultural institution; and
WHEREAS, the proposed zoning regulations applicable to the Wolfsonian Arts District will
not impact the surrounding properties and will incentivize establishment of arts and cultural
institutions in the City; and
WHEREAS, the Wolfsonian-FIU is a major cultural institution located on Washington
Avenue in the City of Miami Beach; and
WHEREAS, in November 2004, as part of the Building Better Communities General
Obligation Bonds (BBC-GOB), Miami-Dade County voters approved $10 million for The
Wolfsonian—FIU to add 25,000 square feet of new publicly accessible space; and
WHEREAS, The FIU-Wolfsonian is located in the CD-2 district which has a maximum FAR
1.5 for non-mixed use buildings; and
WHEREAS, The FIU-Wolfsonian facility is a legal non-conforming building that exceeds
the current maximum FAR applicable to the property; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendments to the City's 2040 Comprehensive Plan Future Land
Use Element are hereby adopted:
RESILIENT LAND USE AND DEVELOPMENT ELEMENT
GOAL RLU 1: LAND USE
OBJECTIVE RLU 1.1: ESTABLISHMENT OF FUTURE LAND USE CATEGORIES
POLICY RLU 1.1.9 MEDIUM INTENSITY COMMERCIAL (CD-2)
Purpose: To provide development opportunities for and to'enhance the desirability and quality of
existing and/or new medium intensity commercial areas which serve the entire City.
Uses which may be Permitted: Various types of commercial uses including business and
professional offices, retail sales and service establishments, eating and drinking establishments;
apartment residential uses; apartment hotels; and hotels.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use;and conditional uses specifically authorized in this land use category,
as described in the Land Development Regulations, which are required to go through a public
hearing process as prescribed in the Land Development Regulations of the Code of the City of
Miami Beach.
Density Limits: 100 dwelling units per acre.
Intensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use; 3.25 in
the Wolfsonian Arts District.
SECTION 2. The"Wolfsonian Arts District"shall be designated on the 2040 Comprehensive Plan
Future Land Use Map, for lots 9, 10, 11, 12, and 13, within Block 30, of the plat of Ocean Beach
Addition No. 2, recorded in Plat Book 2, Page 56, of the Public Records of Miami-Dade County.
SECTION 3. REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the sections of this Ordinance may be
renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be
•
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changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 6. 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 7. EFFECTIVE DATE.
If no challenge is timely filed, this ordinance shall take effect 31 days after the state land
planning agency notifies the City that the plan amendment package is complete pursuant to
Section 163.3184(3), Florida Statutes. If challenged within 30 days after adoption, the
amendment will not become effective until the state land planning agency or the Administration
Commission, respectively, issues a final order determining that the adopted amendment is in
compliance.
PASSED and ADOPTED this q day of DCem 69/ , 2020.
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ATTEST:
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Dan Gelber, Mayor
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Rafael E. Granado, City Jerk APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
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City Attorney , 1�Date
First Reading: July 29, 2020 `v
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Second Reading: December 1, 2020 _PM!.B. 01,,
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Verified By: Adi
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T:1Agenda\2020\07 July\Planning\Wolfsonian Arts District-COMP PLAN-First Reading ORD.docx
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Ordinances - R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
9:15 a.m. Second Reading Public Hearing
SUBJECT:WOLFSONIAN ARTS DISTRICT- COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH 2040
COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE
REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY
AMENDING THE "RESILIENT LAND USE ELEMENT," OBJECTIVE RLU 1.1
ENTITLED "ESTABLISHMENT OF FUTURE LAND USE CATEGORIES," AT
POLICY RLU 1.1.9, ENTITLED "MEDIUM INTENSITY COMMERCIAL (CD-
2)," TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) WITHIN
THE "WOLFSONIAN ARTS DISTRICT;" AND DESIGNATING THE
"WOLFSONIAN ARTS DISTRICT" ON THE FUTURE LAND USE MAP;
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.
BACKGROUND/HISTORY
On May 13, 2020, at the request of Commissioner David Richardson, the City Commission
referred the item to the Land Use and Sustainability Committee (LUSC)and the Planning Board
(Item C4B). On May 26, 2020, the LUSC recommended that the Planning Board transmit the
proposal to the City Commission with a favorable recommendation.
ANALYSIS
PLANNING ANALYSIS
In November 2004, as part of the Building Better Communities General Obligation Bonds
(BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian—FIU
to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-F I U is
proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due
to the amount of floor area used for the main structure in the early 1990's, coupled with the
citywide downzoning in the late 1990's, the site of the Wolfsonian-F I U is legal non-conforming in
terms of allowable FAR.
In order to accommodate this request, the Wolfsonian-FIU is seeking the following
amendments:
Page 258 of 1707
1. The subject comprehensive plan amendment to establish the Wolfsonian Arts District on the
future land use map and increase the FAR within the district.
2. A companion LDR amendment to increase the maximum FAR to 3.25 and modify
development regulations.
As the Wolfsonian is a cultural institution in an historic building, the proposed change is
consistent with Principle 3 of the Resilient Land Use element which states the following:
PRINCIPLE 3:PRESERVING CULTURAL IDENTITY
The City shall encourage redevelopment that protects historic resources to the greatest
extent feasible, while allowing for adaptation to a changing climate and efficient reuse of
historic structures. Local area and incremental adaptation strategies shall be preferred as
they allow for the greatest protection of historic resources and promote the preservation of
the cultural identity of Miami Beach.
Since the current FAR limitation is 1.5, the increase to 3.25 would be subject to voter approval
in a general referendum.
CITY CHARTER
I n order to amend the Land Development Regulations of the City Code to allow an increase in
zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City's voters is
required. The following is the language in Section 1.03(c):
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 zoned floor area ratio, unless
any such increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor
area, amendments to the exclusions of floor area and a direct increase in the FAR number. The
proposed ordinance required a ballot question as it would result in an increase in zoned FAR
"by zoning, transfer, or any other means" pursuant to City Charter Section 1.03(c).
COMPREHENSIVE PLANNING REVIEW PROCESS
This Ordinance includes a text amendment to Objective 1 of the Future Land Use Element of
the Comprehensive Plan. Under Sections 163.3184(2), F.S., this amendment shall follow the
expedited state review process for adoption of comprehensive plan amendments. This process
requires a public hearing by the local planning agency (Planning Board), a public transmittal
hearing before the City Commission, after which the amendment must be transmitted to several
state agencies for a 30-day review period, and a final adoption public hearing before the City
Commission. The amendment is effective 31-days after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
On June 24, 2020 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.
UPDATE
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On July 29, 2020, the City Commission approved the subject ordinance at first reading and
scheduled second reading for December 9, 2020, subject to voter approval of the proposed
FAR increase.Additionally, the City Commission adopted Resolution No. 2020-31352 to place
a ballot question on the City's November 3, 2020 ballot.
Pursuant to Resolution No. 2020-31352, the following ballot question was submitted to the
City's voters:
Floor Area Ratio Increase from 1.5 to 3.25 for Proposed Wolfsonian Arts District
Floor area ratio ("FAR') is used by City to regulate the overall size of a building. Any
increase to a property's zoned FAR requires voter approval under Charter Section 1.03(c).
Shall City adopt ordinance increasing FAR from 1.5 to a maximum of 3.25, and limiting
maximum height to 75 feet, for properties within proposed Wolfsonian Arts District, generally
located at northeast corner of Washington Avenue and 10th Street, and located within CD-2
zoning district?
On November 3, 2020, the ballot question was approved by 64 percent of the City's voters.
Therefore, the subject ordinance can be considered for adoption by the City Commission.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a "Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
o Comp Plan - Form Approved ORD
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