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2004-25616 ResoRESOLUTION NO. 2004-25616 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE FOLLOWING PARCELS, MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS ATTACHED AS EXHIBITS HERETO: 1) A PORTION OF A PARCEL OF LAND COMMONLY KNOWN AS THE "FEDERAL TRIANGLE," APPROXIMATELY 4,178 SQUARE FEET, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE LAND USE CATEGORY OF MR, "MARINE RECREATION;" AND 2) A CITY-OWNED PARCEL 50-FEET WIDE FRONTING ON BISCAYNE BAY, OF APPROXIMATELY 4,600 SQUARE FEET, ON BLOCK 8, SOUTH BEACH PARK SUBDIVISION (A/K/A HINSON PARCEL) FROM THE CURRENT CPS-3, "COMMERCIAL INTENSIVE MIXED-USE," TO THE FUTURE LAND USE CATEGORY ROS, "RECREATION AND OPEN SPACE;" PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, East Coastline Development, Ltd. ("East Coastline") and West Side Parmers, Ltd. ("West Side") among others which have initiated litigation against the City of Miami Beach (the "City") and the Department of Community Affairs claiming damages and rights under the Bert J. Harris, Jr. Private Property Rights Act, other civil rights violations and other relief in Circuit Court Case No. 98-13274 CA 01(30), and United States District Court Case No. 01-4921-CIV-Moreno, and Florida Divisions of Administrative Hearing Case No. 02-3283GM West Side Partners, Ltd., and WHEREAS, the Mayor and City Commission have approved a Settlement Agreement, in concept, between the City and East Coastline, West Side and others with respect to the above-noted litigations, pursuant to Resolution No. 2004-25509, adopted on February 25, 2004; and WHEREAS, that Settlement Agreement provides, among other things, for a Concept Plan for the properties known as the Alaska Parcel, the Goodman Terrace and Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Properties"), to be considered by the Mayor and City Commission; and WHEREAS, a review of the Concept Plan and the Settlement Agreement indicates the necessity for modifications of the City Future Land Use Map designations for the following properties: 1) a portion of a parcel of land commonly known as the "Federal Triangle," approximately 4,178 square feet, from the current ROS, "Recreation and Open Space," to the Future Land Use category of MR, "Marine Recreation;" and 2) a City-owned parcel 50-feet wide fronting on Biscayne Bay, of approximately 4,600 square feet, on Block 8, South Beach Park subdivision (a/k/a Hinson parcel) from the current CPS-3, "Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space;" in order to effectuate the Concept Plan and the Settlement; and WHEREAS, this Ordinance is being adopted to allow implementation of that Settlement Agreement and Concept Plan through the adoption of certain changes to the Future Land Use Map designations of the above-noted parcels to permit the developments contemplated in such Agreement and Plan to proceed; and WHEREAS, these amendments to the Future Land Use Map designations were not required by the Settlement Agreement but were independently determined and recommended appropriate for adoption by the City staff and the Planning Board, based upon public input after public hearing, following all requirements of procedural due process attendant thereto; and WHEREAS, full legal descriptions of the Affected Properties are contained in Exhibits attached to this Ordinance, and shortened descriptions of such properties will be codified in the amendments below. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT a public hearing is hereby set to be held before the City Commission on July 28, 2004. PASSED AND ADOPTED this 7th day of MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City A~i{J ey ff~ Date F:\PLANSSPLB\Portofino items\1667 - FLUM reso stg pblc hrg.doc FILE NO. 1667 - FLUM AMENDMENT 5-25-04 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Setting A Public Hearing To Consider An Amendment To The Comprehensive Plan Of The City Of Miami Beach, By Amending The Future Land Use Map Of The Comprehensive Plan By Changing The Future Land Use Category For The Following Parcels: 1 ) A Portion Of A Parcel Of Land Commonly Known As The "Federal Triangle," From The Current ROS, "Recreation And Open Space," To The Future Land Use Category Of MR, "Marine Recreation;" And 2) A City-Owned Parcel 50-Feet Wide Fronting On Biscayne Bay on the Hinson Parcel From The Current CPS-3, "Commercial Intensive Mixed-Use," To The Future Land Use Category ROS, "Recreation And Open Space." Issue: IShould the City Commission amend the Future Land Use Map of the City's Comprehensive Plan for these two parcels of land in order to effectuate a settlement agreement for certain pending litigations with the Portofino entities? Item Summary/Recommendation: As part of a settlement agreement, accepted in concept by the City Commission on February 25, 2004, a "concept plan" has been developed. The plan would require certain modifications to the Future Land Use Map categories for a portion of a parcel of land commonly known as the "Federal Triangle," from the current ROS, "Recreation and Open Space," to the Future Land Use category of MR, "Marine Recreation;" and a City-owned parcel 50-feet wide fronting on Biscayne Bay, on the Hinson parcel from the current CPS-3, "Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space. The Administration recommends that the City Commission set a public hearing for the July 28, 2004 meeting to make this determination. Advisory Board Recommendation: The Planning Board at its June 22, 2004 meeting made the following Motion: Summarize comments, create a model that shows massing of the concept plan and recommend approval of proposed settlement agreement. Unanimously approved 5-0. Financial Information: Source of Amount Account Approved Funds: 1 2 3 4 Finance Dept. Total City Clerk's Office Legislative Tracking: Mercy Lamazares/Jorge G. Gomez Sign-Offs: Department Director Assistant City Manager City Manager T:~AGENDA\2004\Ju10704\Consent\1667 - FLUM set pblc hrg 7-7 sum.doc AGENDA ITEM DATE 7-7 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: From: Subject: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez City Manager Future Land Use Map (FLUM) Change Date: July 7, 2004 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE THE FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE FOLLOWING PARCELS, MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS ATTACHED AS EXHIBITS HERETO: 1) A PORTION OF A PARCEL OF LAND COMMONLY KNOWN AS THE "FEDERAL TRIANGLE," APPROXIMATELY 4,178 SQUARE FEET, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE LAND USE CATEGORY OF MR, "MARINE RECREATION;" AND 2) A CITY-OWNED PARCEL 50-FEET WIDE FRONTING ON BISCAYNE BAY, OF APPROXIMATELY 4,600 SQUARE FEET, ON BLOCK 8, SOUTH BEACH PARK SUBDIVISION (A/K/A HINSON PARCEL) FROM THE CURRENT CPS-3, "COMMERCIAL INTENSIVE MIXED-USE," TO THE FUTURE LAND USE CATEGORY ROS, "RECREATION AND OPEN SPACE." ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set a public hearing for the July 28, 2004 meeting. BACKGROUND After a series of down-zonings citywide in 1998, and the denial of a request in 2001 for the re-zoning of the "Alaska" parcel, a number of the Portofino Entities initiated litigation against the City and the Florida Department of Community Affairs claiming damages and rights under the Bert J. Harris Jr. Private Property Rights Act, other civil rights violations and other relief in Circuit Court, U.S. District Court and the Florida Division of Administrative Hearings. Commission Memorandum July 7, 2004 FLUM amendment Page 2 As part of a settlement agreement, accepted in concept by the City Commission on February 25, 2004, a "concept plan" has been developed. The plan would require certain modifications to the Future Land Use Map categories for the following properties: 1) a portion of a parcel of land commonly known as the "Federal Triangle," approximately 4,178 square feet, from the current ROS, "Recreation and Open Space," to the Future Land Use category of MR, "Marine Recreation;" and 2) a City-owned parcel 50-feet wide fronting on Biscayne Bay, of approximately 4,600 square feet, on Block 8, South Beach Park subdivision (a/k/a Hinson parcel) from the current CPS-3, "Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space, and as indicated on the attached graphic. ANALYSIS CPS-4 from ROS to MR QOODMAN '~ RPS-4 HINSON Parcel ALASKA from CPS-3 to MR ROS As part of the history of the City of Miami Beach, it is interesting to note that the southern portion of Miami Beach extended south to what is today Fisher Island. In the early 1900s, when the federal government dredged a cut through the narrow isthmus in order to create an access from the Atlantic Ocean to the mainland of Miami- Dade County, (hence "Government Cut,") it retained control of the land on the north and south of the Cut for maintenance purposes. In 1979 that land was declared surplus and the parcels today known as South Pointe Park and "federal triangle" were deeded to the City, with a restriction that they be used for park or public recreational purposes only and subject to a 50- foot easement in perpetuity for channel maintenance. Any changes to the stipulations of the deed have to be by mutual consent between the U.S. Department of Interior and the City. The land known as the "Alaska" parcel was part of the federal government land reservation and was deeded to the Cook Inlet Region, Inc. of Alaska at the time the Alaskan oil pipeline was being constructed. The applicant is currently seeking approval from the federal government to convert a portion of the "federal triangle" from public to private use. The proposed ordinance to change the FLUM for the portion of the City-owned 50-feet wide parcel of the Hinson Parcel fronting on Biscayne Bay was never changed from CPS-3 and would expand the amount of land designated as ROS. The Federal Triangle is currently ROS; a portion approximately +/- 4,100 square feet is proposed to be changed to MR, Marine Recreation category. Commission Memorandum July 7, 2004 FLUM amendment Page 3 This change is necessary to accommodate the "concept plan" developed as part of the settlement agreement and is an exchange of land for what the City is receiving from the Alaska parcel. FISCAL IMPACT ANALYSIS The proposed ordinance will change the future land use category of 4,178 square feet of the Federal Triangle from the current RCS, "Recreational Open Space," to MR, "Marine Recreational." There should be minimal, if any, adverse fiscal impact to the current condition as MR has a maximum FAR of 0.25 as opposed to RCS, which has a maximum FAR of 0.50. The proposed change to the portion Hinson Parcel will codify in a future land use category this city-owned property. Furthermore, pursuant to a Settlement Agreement, the City will also receive a large portion of the Alaska Parcel, which will then become public property for the enjoyment and general welfare of the residents of the City. DESIGN REVIEW BOARD COMMENTS The following is a summary of the comments given by the Design Review Board at the June 15, 2004 meeting regarding the South Pointe Concept Master Plan. Regarding the City's portion of the Alaska Parcel: All members were strongly opposed to filling in the Boat Basin. The Boat Basin is a valuable amenity. There was a strong consensus against commercial development. Available space should be used for a park and green space amenities. Regarding the developer's portion: Residential uses are preferred, with the exception of an accessory restaurant. The placement of residential uses on the south side of the parking structure on the Alaska Parcel facing the park is not desirable. Architectural development of the parking garage elevations is the preferred method to screen the parking on the Alaska Parcel. The safety of the public must be addressed regarding the dead end alley which will be created on Block 52. The vehicular bridge connection created on Block 51 is not desirable. PLANNING BOARD ACTION The Board reviewed the items related to the Portofino-related settlement agreement on June 22, 2004 and had the following comments: Commission Memorandum July 7, 2004 FLUM amendment Page 4 Summary of Board Comments: Allowing upzoning with a trade of land, is in the best interest of the City and mitigates the density increase in other places. Concerned about the height of Block 1 as it creates an inconsistency with the rest of the neighborhood. The massing should be at Collins and South Pointe Drive and not distributed throughout the entire block. Boat basin - filling or leaving as is needs to be looked at again when there is a cohesive plan for the park. With respect to commercial uses, there is an anomaly at the base of Portofino Tower if nothing else happens. Some consideration should be given to placing a transitional element at the corner of South Pointe and Alton Road. The pedestrian access to the waterfront through Murano should be enhanced to work more like a public access and not a private road. There should be a transitional use between the pedestal and the park. Residential uses are preferred. Would like to see limited concessionary uses in the park. Park uses should not be micromanaged. Important to realize the land trade; there should not be large scale commercial uses in the park. When the park design and its programmatic uses have been developed, the plan should be brought back to the Planning Board for review. Points of consensus: Importance of land swap to create bigger corridor next to basin. Need to redistribute heights and FAR in Block I and deal with open court regulations. The open courtyards in concept plan do not enhance the design of structures. City's use of development rights at the park's edge should be limited to civic uses and perhaps very limited concessions that are accessory to park uses (rest rooms, roller blade rental, water). Need for some transitional element between pedestal and the park. Points of less unanimity: Re-consider distribution of uses on Block 51, in particular uses on Commerce Street, massing and revisiting open court regulations. Limited commercial uses along South Pointe Drive on Goodman/Hinson. Individual concerns: Closing alley on Block 1. Public access from Alton Road to the park. Commercial development on Block 52. Commission Memorandum July 7, 2004 FLUM amendment Page 5 Motion: Summarize comments, create a model that shows massing of the concept plan and recommend approval of proposed settlement agreement. Unanimously approved 5-0. Summary of Collaborative Planninq Process Comments relative to Concept Plan: As provided for in the term sheet approved by the parties on February 25, 2004, and finalized on March 8, 2004, the Concept Plan was to be developed in coordination and collaboration with Neighborhood Representatives. Meetings were held with the Developer and Neighborhood Representatives on March 31, April 7, May 20, June 14, 22 and 28, 2004 in addition to public review at the Design Review Board on June 15, 2004 and at the Planning Board on June 22, 2004. The DRB and Planning Board recommendations listed above were not adopted as formal amendments to the Land Development Regulations. The City Commission should discuss and consider the recommendations provided by both Boards. If further changes to the Concept Plan are desired, the corresponding policy direction will need to be reflected in the proposed Land Development Regulations before 2nd reading. In summary, the Concept Plan reflects the following: Good ma n/Hinson/Alaska: A rounded footprint of the tower and pedestal to be constructed on Goodman/Hinson/Alaska, that allows for an expanded setback of 70 feet from and retention of the boat basin. The City Commission should address the proposed use of the approximately 9,500 sf of allocated FAR retained by the Developer on the Alaska parcel and determine if: a) the Developer retains the 9,500 square feet _+ on the Alaska parcel as permitted marine recreational use to be located at the south side of the tower's parking pedestal, deeding the originally contemplated 80,450 sf of the Alaska parcel to the City, or b) implement the preferred neighborhood option which is to re-allocate the 9,500 square feet of FAR on Alaska to be included in the developable FAR within the tower to be constructed on Goodman/Hinson as residential use, (resulting in an increase width of 4 ft on each side of the building) i.e. increasing the permitted FAR from 296,000 square feet to 305,500 square feet, without any increase in the height of the proposed building, and thereby eliminating the 9,500 square feet of potential commercial use by the Developer within the Alaska parcel. In this scenario, the Developer would then increase its contribution of land to the City by an additional 7,100 square feet for a total of approximately 87,550 square feet of land to be deeded to the City. Commission Memorandum July 7, 2004 FLUM amendment Page 6 In either scenario, the City would still retain its development rights for approximately 28,000 square feet of FAR within Alaska; such uses to be determined as part of the planning process for the design and development of South Pointe Park. Block 1, 51 & 52: The DRB and Planning Board also commented on massing concerns on Block 1 and Block 51 and they discussed the activation of the ground floor (or facades) facing Commerce Street on Block 51 and Collins Avenue on Block 1. The neighborhood sentiment is to limit any further commercialization of the area. Again, the City Commission should consider any further changes to the Concept Plan and the corresponding policy direction that should be reflected in the proposed Land Development Regulation amendments before 2nd reading. CONCLUSION Pursuant to Section 163.3187(1 )(c)3. F.S., small scale development amendments to the Comprehensive Plan of less than ten acres require only one public hearing before the City Commission. Notice requirements are as stipulated in Section 166.041(3)(a) F.S., and City Code Section 118-164(1 ). When the proposed amendment invOlves less than ten contiguous acres notice shall be given by mail to the owners of record of land lying within 375 feet of the land stating the substance of the proposed ordinance as it affects that property owner and shall set a time and place for the public hearing. Such notice shall be given at least 30 days prior to the date set for the public hearing, and a copy of such notice shall be kept available for public inspection during the regular business hours of the office of the city clerk. The city commission, upon the conclusion of the public hearing, immediately adopt the ordinance. JMG/C~JGG/ML T:~AGENDA\2004\Ju10704\Consent\1667 - Flum chng set pblc hrg 7-7.doc FEDERAL TRIANGLE LEGAL DESCRIPTION PARCEL TWO For a Point of Reference commence at monument "C" as described in Parcel One above, run thence along the northeasterly line of the U. S. Corps of Engineers Reservation, North 65°35'12" West, a distance of 151.63 feet, more or less, to a steel pin set in concrete, designated monument "G"; thence run South 87038'37" West a distance of 208.58 feet along the northwesterly boundary of the U. S. Corps of Engineers Reservation to monument "West", having coordinates of X- 784,093.91 and Y-521,966.52, said point being the Point of Beginning of the tract being described herein. From said Point of Beginning, run thence South 57°41'41'' West, a distance of 226.20 feet to U. S. Corps of Engineers monument "Virgil", having coordinates of X-783,902.72 and Y-521,845.63; thence continue South 57°41'41" West a distance of 4.0 feet, more or less, to the face of an existing steel bulkhead and the approximate north shore of the Entrance Channel to Miami Harbor; thence run Northwesterly along the north shore of Miami Harbor on an approximate bearing of North 32°05'08" West, a distance 132.34' more or less, to a point which lies South 87038'37" West, a distance of 265.09 feet from monument "West"; thence run North 87°38'37'' East along the northwesterly boundary of the U. S. Corps of Engineers Reservation passing thru a concrete monument designated "F" at a distance of 121 feet, more or less, for a total distance of 265.09 feet to monument "West", and the Point of Beginning. The above-described tract or parcel of land contains 0.35 acre, more or less. The bearings and distances stated herein are based on the Mercator Grid Systems of the East Zone of Florida. PARCEL I: EXHIBIT "A"' (Legal Description) Block 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida, less and excepting therefrom the follOwing` two dedications: A 50.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade cqunty, Florida..Said 50.00 foot dedication being described as follows: Bounded on the North by the Northerly I'ine of said Block 8, bounded on the South by the South(~rly line of said Block 8, said Southerly line also being the Northerly line of the Government Reservation shown hereon; bounded on the East by a line parallel to and 50.00 feet distant Easterly of, as measured at 90 degrees to the Westedy line, of said Block 8; bounded on the West by the Westedy line of the ab'ove-referenced'BIock 8, said Westerly line also being the Easterly line of Biscayne Bay. A 40.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade County, Florida. Said 40.00 foot dedication being described as follows: Bounded on the North by the Nortl~erly line of the above-referenced Block 8; bounded on the South by the Southerly line of the above-refe'renc'ed Block 8,' said Southerly line also being the Northerly linb of the Government Reservati~)n shown hereon; bounded on the East by the Westerly line of Washington Avenue, said Westerly line also being, the Easterly line of Block 8; bounded on the West by a line parallel. to and 40.00 feet; distant Westerly of as measured at 90 degrees to the Westerly line, of the abbve-referenced Washington Avenue.