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2004-25617 ResoRESOLUTION NO. 2004-25617 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR 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 GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION MR, "MARINE RECREATION;" AND 2) A PORTION OF LOT 18 AND THE 10 FOOT STRIP OF LAND ADJACENT THERETO, AND A PORTION OF LOTS 29 AND 30 AND THE 10 FOOT STRIP OF LAND ADJACENT THERETO, BLOCK 51 OF THE PLAT OF OCEAN BEACH FLA. ADDITION NO. 3, FROM GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION CPS-l, "COMMERCIAL LIMITED MIXED-USE." WHEREAS, East Coastline Development, Ltd. ("East Coastline") and West Side Partners, 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, 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, the Concept Plan has undergone citizen review and numerous public meetings and workshops through an ad hoc committee of concerned citizens and has also been reviewed by the staff and is being considered for approval by the City Commission; and 1668 - Zoning Map Change - 5-25-04 WHEREAS, a review of the. Concept Plan and the Settlement Agreement indicates the necessity for modifications of the City zoning 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 GU, "Govemment Use," to the proposed zoning classification MR, "Marine Recreation;" and 2) a portion of lot 18 and the 10 foot strip of land adjacent thereto, and a portion of lots 29 and 30 and the 10 foot strip of land adjacent thereto, Block 51 of the plat of Ocean Beach Florida addition No. 3, from GU "Government use," to the proposed zoning classification CPS-I, "Commercial limited Mixed-Use," in order to effectuate the Concept Plan and the Settlement. WHEREAS, this Ordinance is being adopted to allow implementation of that Settlement Agreement and Concept Plan through the adoption of certain changes to the zoning designations of the above-noted parcels to permit the developments contemplated in such Agreement and Plan to proceed; and WHEREAS, these amendments to the Land Development Regulations 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. PASSED AND ADOPTED this A~II~EST: CITY CLERK 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. MAYOR APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney ~ Date F:\PLAN\$PLB\Portofino items\1668 - zoning map set publ hrg 7-7.DOC 1668 - Zoning Map Change - 5-25-04 CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY ~ondensed 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 Official Zoning District Map, by changing the zoning district classification for a portion of a parcel of land commonly known as the "Federal Triangle," from the current GU, "Government Use," to the proposed zoning classification MR, "Marine Recreation;" and a portion of Lot 18 and the 10 foot strip of land adjacent thereto, and a portion of Lots 29 and 30 and the 10 foot strip of land adjacent thereto, Block 51 from GU, "Government Use," to the proposed zoning classification CPS-l, "Commercial Limited Mixed-Use." Issue: IShould the City Commission amend the Official Zoning Map for these 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 Official Zoning Map for a portion of a parcel of land commonly known as the "Federal Triangle," from the current GU, "Government Use," to MR, "Marine Recreation;" and a portion of Lot 18 and the 10 foot strip of land adjacent thereto, and a portion of Lots 29 and 30 and the 10 foot strip of land adjacent thereto, Block 51 from GU, "Government Use," To The Proposed Zoning Classification CPS-l, "Commercial Limited Mixed- Use." 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 T:V~,GENDA~004\Ju10704\Consent\1668 - zoning map set pblc hrg 7-7 sum.doc City Manager AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor David Dermer and Members of the City Commission Date: July 7, 2004 From: Jorge M. Gonzalez \ ....7~''' City Manager Subject: Zoning Map Change 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 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 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 GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION MR, "MARINE RECREATION;" AND 2) A PORTION OF LOT 18 AND THE 10 FOOT STRIP OF LAND ADJACENT THERETO, AND A PORTION OF LOTS 29 AND 30 AND THE 10 FOOT STRIP OF LAND ADJACENT THERETO, BLOCK 51 OF THE PLAT OF OCEAN BEACH FLA. ADDITION NO. 3, FROM GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION CPS-l, "COMMERCIAL LIMITED MIXED-USE." 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, 2O04 Zoning map change amendment Page 2 This zoning map change is necessary because of the transfer of government-owned land in compliance with a proposed "settlement agreement" with the various entities, collectively known as the Portofino entities. The "agreement" contemplates, among other things, resolution of pending litigations in Circuit Court, U.S. District Court and the Florida Division of Administrative Hearings for consideration of a concept plan for the properties known as Alaska, Goodman Terrace, Hinson Parcel, Blocks 51 and 52, and Block 1. ANALYSIS The proposed amendments to the zoning map are as follows: 1) A portion of a parcel of land commonly known as the "Federal Triangle," approximately 4,178 square feet, from the current GU, "Government Use," to the proposed zoning classification MR, "Marine Recreation;" and 2) A portion of lot 18 and the 10 ~u foot strip of land adjacent Portion of Federal Triangle ,rom Gu ,o MR thereto, and a portion of lots 29 and 30 and the 10 foot strip of land adjacent thereto, Block 51 of the plat of Ocean Beach ~ Florida addition No. 3, from GU "Government use," to the proposed zoning classification CPS-l, "Commercial limited mixed-use." The proposed change for a portion of the Federal Triangle from GU to MR would be required because of the proposed exchange for a portion of the Alaska parcel that the City will receive; and will complement the balance of the Alaska parcel and proposed residential use in the adjacent Hinson parcel. With regard to Block 51, it should be noted that City property automatically converts to GU zoning; however, the current zoning map has reflected the parcels as CPS-1 and not GU. Therefore, the proposed changes are already reflected and the proposed ordinance will officially codify the change. It should be noted that if the concept plan or the settlement agreement reduces the amount of the Federal Triangle that is deeded over, this ordinance may be amended accordingly. Alternatively, if the area deeded to the developer should increase in size, then this ordinance may have to be reconsidered by the Planning Board. Commission Memorandum July 7, 2004 Zoning map change amendment Page 3 FISCAL IMPACT ANALYSIS The proposed ordinance will change the zoning map of 4,178 square feet of the Federal Triangle from the current ROS, "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 ROS, which has a maximum FAR of 0.50. The proposed change to Block 51 should also have minimal fiscal impact as this change converts a small portion of public property to private use as part of the settlement agreement and should somewhat increase the future tax base. 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. The Planning Board, as the City's Land Planning Agency, reviewed the proposed ordinance on June 22, 2004 and provided the following comments to the City Commission relative to the Concept Plan and accompanying LDR amendments, recommending adoption of the ordinance. The Design Review Board also reviewed the proposed concept plan on June 15, 2004; their comments are included below. PLANNING BOARD ACTION The Board reviewed the items related to the Portofino-related settlement agreement on June 22, 2004 and had the following comments: 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. Commission Memorandum July 7, 2004 Zoning map change amendment Page 4 Points of consensus: Importance of land swap to create bigger corridor next to basin. Need to redistribute heights and FAR in Block 1 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. Motion: Summarize comments, create a model that shows massing of the concept plan and recommend approval of proposed settlement agreement. Unanimously approved 5-0. 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. Commission Memorandum July 7, 2004 Zoning map change amendment Page 5 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. 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 niH inson/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 Zoning map change 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. Blocks 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 City Code Section 118-164(1), when the proposed amendment to the zoning map 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 can adopt the ordinance. JMG/CMC/JGG/ML T:~GENDA~2004~Ju10704\Consen~1668 - zoning map 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, nm 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, nm 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 87°38'37" West, a distance of 265.09 feet from monument "West"; thence nm 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 beatings and distances stated herein are based on the Mercator Grid Systems of the East Zone of Florida. End Parcels LEGAL DESCRIPTION: A portion of Lot 18 and the 10 foot walk adjacent thereto, Block 51 of the plat of OCEAN BEACH FLA. ADDITION NO..3 as recorded in Plat Book 2, Page 81 of the Public Records of Dade County, Florida, more particularly described as follows: That portion of said Lot 18 and the 10 foot walk adjacent thereto lying Easterly and Northerly of the following described line; begin at a point on the Northerly line of said Lot 18, said point being 0..39 feet Easterly of the Northwesterly corner of said Lot 18; thence S 12'-.-¢6'-09" E, parallel with and 0..39 feet Easterly of the Westerly line a'l: said Lot 18 for 74.85 feet to a point of non-tangential curve leading to the left and concave to the Northeast, having a radius of 47.50 feet and whose radius point bears N 68'-24'-46" E; thence Southerly and Easterly through a central angle of 37'-27'-59" for an arc"distonce of 31.06 feet to a point on the Southerly line of said Lot 18 and. on the Northerly line of o 10 foot walkway as shown on said plat of OCEAN BEACH FLA. AD'D. ITION NO. 3., said point being also a point of compound curve having a radius of 45.D0 feet; thence Southerly and Easterly through a central angle of 23'-25'-51" for an arc distance of 18.40 feet to a point on the Southerly extension of the Easterly line of said Lot 18, said point being 9.78 feet Southerly of the Southeasterly corner of said Lot 18 and the TERMINAL POINT of the herein described line. All of the above lying and being in Section 3, Township 54 South, Range 42 ........ EaSt;-City"~'o-f-Mi~i'Be'~'h, Dade County, Florida. LEGAL DESCRIPTION: A portion of Lots 29 end 50 and the 10 foot walk adja,:ent.~hereto, Bloc.k 51 of the plat of OCEAN BEACH ADDITION NO. 3 as recorded in Plat Book 2, Page 81 of the Public Records of Dade County, Florida, more particularly described as follows: Begin a~. the Northwesterly corner of said Lot 29; thence N 77'-1,~'-28" E along the Northerly line of said Lots 29 and .30 a distance of 55.15 feet to a point; thence S 00'- 37'-1,3" W for a distance of 112.35 feet to a point on the Southerly line of o 10 foot walk shown on said i~lat of OCEAN BEACH ADDITION "NO. `3; thence s 76'-52'-58" w along the Southerly line of said 10 foot walk a distance of ~1.51 feet to its intersection wi'l:h the Southerly extension of the Westerly line of said Lot 29; thence N 12'-46'-09" W along the said Southerly extension and along the Westerly line of said Lot 29 a distance of 110.02 feet to the POINT OF BEGINNING. All of the above lying and being in Section ~, ~ownship 5~ South, Range 42 Eas~, City Of Mi(]ml Beech, Dade County, Florida.