Ordinance 96-3034 ORDINANCE NO, 96-3034
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, INCREASING
DEVELOPMENT OF REGIONAL IMPACT GUIDELINE AND
STANDARD THRESHOLDS AND DESIGNATING THE CITY
CENTER/HISTORIC CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA AS A
REGIONAL ACTIVITY CENTER PURSUANT TO RULE 28-
24.014(10)(a) OF THE FLORIDA ADMINISTRATIVE CODE
AND SECTION 380.06(2)(e) OF THE FLORIDA STATUTES,
AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, Amendments to Rule 28-24.014(10)(a) of the Florida Administrative
Code implement changes in Section 380.06(2)(e) of the Florida Statutes to permit certain
Development of Regional Impact (DRI) guidelines and standards to be increased by 150%
in Urban Central Business Districts or Regional Activity Centers with respect to resort or
convention hotel developments in jurisdictions whose local comprehensive plans are in
compliance with Part II of Chapter 163 of the Florida Statutes; and
WHEREAS, the guidelines and standards for Developments of Regional Impact
have been increased specifically for a proposed resort or convention hotel located in a
county with a population greater than 500,000 and where the local government specifically
designates that the proposed resort or convention hotel development will serve an existing
convention center built prior to July 1, 1992, and which is greater than 250,000 gross
square feet, when located in an Urban Central Business District or Regional Activity
Center; and
WHEREAS, the City of Miami Beach Comprehensive Plan is in compliance with
Part II, Chapter 163 of the Florida Statutes; and
WHEREAS, A Regional Activity Center is characterized as a compact, high
intensity, high density, multi-use area designated as appropriate for intensive growth by
a local government and may include: retail, office, cultural, recreational and entertainment
facilities, hotels and motels, or appropriate industrial activities; and
WHEREAS, a Regional Activity Center is further defined as an area which routinely
provides service to, or is regularly used by, a significant number of citizens of more than
one county and contains adequate existing public facilities as defined in Rule 9J-5 of the
Florida Administrative Code, or contains committed public facilities as defined in the
capital improvements element of the local government comprehensive plan, and is
proximate and accessible to interstate or major arterial roadways; and
WHEREAS, the City Center/Historic Convention Village Redevelopment and
Revitalization Area in the City of Miami Beach meets the criteria for a Regional Activity
Center and it is appropriate to designate the area as a Regional Activity Center; and
WHEREAS, the City of Miami Beach seeks to increase the Development of
Regional Impact guidelines and standards only for a specific convention hotel
development and not for any other residential, hotel, motel, office, retail or mixed-use
project.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AS FOLLOWS:
1. The City Center/Historic Convention Village Redevelopment and
Revitalization Area ("Area") depicted in the map attached as Exhibit A and described in the
attached Exhibit B is hereby designated as a Regional Activity Center pursuant to Section
3
380.06(2)(e) of the Florida Statutes and Rule 28-24.014(10) of the Florida Administrative
Code, and the applicable guidelines, standards and thresholds of Chapter 380 of the
Florida Statutes are hereby increased solely for the convention hotel development
described herein.
2. The guidelines, standards, and thresholds for a resort or convention hotel
development within this Regional Activity Center are increased by 150% with respect to
the convention hotel development known as the "Loews Hotel Project" located on the site
depicted in Exhibit C which encompasses the site of the existing St. Moritz Hotel and the
former Sands, New Yorker, and Poinciana Hotels, the 16th Street End east of Collins
Avenue, as well as the accessory parking structure and the re-opened portion of 16th
Street on the west side of Collins Avenue, all of which are within the Area.
3. The revised guidelines, standards, and thresholds for a resort or convention
hotel development shall apply only to that development known as the "Loews Hotel
Project" as graphically depicted in Exhibit C and legally described in Exhibit D (Hotel Site)
and Exhibit E (Parking Site) and to no other resort or convention hotel development.
4. The revised guidelines, standards, and thresholds for Developments of
Regional Impact within a Regional Activity Center shall not apply to any other project,
including but not limited to any residential, hotel, motel, office, retail or mixed-use project
proposed to be located within this Area.
5. The Regional Activity Center designation established herein shall be
incorporated into the City of Miami Beach Comprehensive Plan as a Plan Amendment at
the next opportunity for amendment.
3
6. The designated Regional Activity Center established herein shall take effect
upon adoption of this Ordinance.
7. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portion hereof.
8. This Ordinance shall take effect upon its passage and adoption.
PASSED and ADOPTED this 24th day of Januar , 1996.
/ 1
ATTEST:
MAYOR
RO4te
CITY CLERK
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EXHIBIT A
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LEGAL DESCRIPTION
PROPOSED CITY CENTER/HISTORIC CONVENTION VILLAGE
REDEVELOPMENT AND REVITALIZATION AREA
BOUNDARY DESCRIPTION
All that land area within the corporate limits of the City of Miami Beach, Florida, which is bounded by the line
proceeding northerly from a POINT OF BEGINNING where the eastern extension of the south right-of-way line
of 14th Lane meets the Erosion Control Line along the western shore of the Atlantic Ocean,said line following the
Erosion Control Line to a point where it intersects the eastern extension of the north right-of-way line of 24th Street;
then proceeding in a westerly direction along this extension and the north right-of-way line of 24th Street to a point
where it intersects the north bulkhead wall of the Collins Canal;then proceeding in a southwesterly direction along
the north bulkhead wall of the Collins Canal to a point where it intersects the east right-of-way line of Pine Tree
Drive; then proceeding due west in a line traversing the intersection of Dade Boulevard and Pine Tree Drive to a
point where it intersects the north right-of-way line of Dade Boulevard;then proceeding in a southwesterly direction
along said right-of-way line of Meridian Avenue;then proceeding south from said point along the west right-of-way
line of Meridian Avenue to a point where it intersects the north right-of-way line of 17th Street; then proceeding
in a westerly direction along said right-of-way line of 17th Street to a point where it intersects the west right-of-way
line of West Avenue;then proceeding in a southerly direction along said right-of-way line of West Avenue to a point
where it intersects the eastern extension of the southern property line of lot 8 in Block 44; then proceeding in an
easterly direction across West Avenue to the south property line of lot 12, Block 45; then proceeding easterly along
the south property lines of lots 12 and 8, Block 45, thereby traversing Alton Court to a point intersecting the west
right-of-way of Alton Road; then proceeding southeast across Alton Road to a point where the east right-of-way
line of Alton Road intersects the south right-of-way line of Lincoln Lane South; then proceeding in an easterly
direction along the said right-of-way line of Lincoln Lane South and continuing east to a point on the east property
line of lot 1 of Block 52;then proceeding south to the southwest corner of lot 1 of said Block 52;then proceeding
east along the south property line of said lot 1 to a point where it intersects the west right-of-way line of Drexel
Avenue; then proceeding in a southerly direction along said right-of-way line of Drexel Avenue to a point where
it intersects the south right-of-way line of 16th Street;then proceeding in an easterly direction along said right-of-
way line of 16th Street to a point where it intersects the west right-of-way line of Washington Avenue; then
proceeding in a southerly direction along said right-of-way line of Washington Avenue to a point where it intersects
the western extension of the south right-of-way line of 14th Lane;then proceeding in an easterly direction along said
right-of-way line of 14th Lane to the POINT OF BEGINNING where the eastern extension of the south right-of-
way line of 14th Lane intersects the Erosion Control Line along the Atlantic Ocean.
EXHIBIT B
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LEGAL DESCRIPTION - HOTEL SITE
Lots 7 and 14 LESS the South 12.65 feet thereof together with the South half of lots 8 and 13. All in
Block 56,FISHER's FIRST SUBDIVISION OF ALTON BEACH,recorded in Plat Book 2,Page 77,
of the Public Records of Dade County,Florida,and together with that parcel of land lying East of Block
56 adjacent to the land described above. Said land bounded on the North by the North line of the above
described parcel extended Easterly;bounded on the South by the South line of the above described parcel
extended Easterly;bounded on the East by the Erosion Control line of the Atlantic Ocean and bounded
on the West by the East line of the above described parcel. Said lands containing 0.8442 Acres more or
less.
The North one half of Lot 8,all of lots 9, 10, 11 and 12 and the North one half of Lot 13,all in Block 56,
FISHER'S FIRST SUBDIVISION OF ALTON BEACH, recorded in Plat Book 2, Page 77, Public
Records of Dade County,Florida together with;that certain parcel of land lying East and adjacent to the
land,described above. Said land bounded on the North by the North line of the above described parcel
extended Easterly; bounded on the South by the South line of the above described parcel extended
Easterly;bounded on the East by the Erosion Control Line of the Atlantic Ocean and bounded on the West
by the Easterly line of the above described parcel. Said lands containing 1.6752 acres more or less.
All Lots 1 and 18 and the South 29.40 feet(measured along the Lot line)of lots 2 and 17,all in Block 55,
FISHER'S FIRST SUBDIVISION OF ALTON BEACH,according to the Plat thereof recorded in Plat
Book 2,at Page 77,Public Records of Dade County,Florida. Said lands containing 0.9385 acres more
or less.
The parcel of land lying between Block 55,FISHER'S FIRST SUBDIVISION OF ALTON BEACH,
recorded in Plat Book 2,Page 77,Public Records of Dade County,Florida and the Erosion Control Line
of the Atlantic Ocean being more particularly described as follows:
Begin at the Southeast corner of Lot 1,Block 55,of said FISHER'S FIRST SUBDIVISION OF ALTON
BEACH,thence run Northerly,along the Easterly line of Block 55 for a distance of 102.20 feet to a point;
thence run Easterly,along a line parallel to the North line of said Lot 1 for a distance of 180.29 feet to the
Erosion Control Line of the Atlantic Ocean;thence run Southerly,along the Erosion Control Line of the
Atlantic Ocean for a distance of 102.63 feet to a point which is the intersection with the Easterly extension
of the South line of said Lot 1;thence run Westerly, along the Easterly extension of said Lot 1 for a
distance of 177.88 feet to the POINT OF BEGIAING. Said lands containing 0.4211 acres more or less.
Lots 3 and 16 and the North 21.30 feet (measured along the lot lines) of Lots 2 and 17, Block 55,
FISHER'S F1RST SUBDIVISION OF ALTON BEACH,recorded in Plat Book 2,Page 77 of the Public
Records of Dade County,Florida,together with that certain parcel of land lying East and adjacent to the
above described parcel;said parcel bounded on the South by the South line of the above described parcel
extended Easterly;bounded on the North by the North line of the above described parcel,bounded on the
East by the Erosion Control Line of the Atlantic Ocean and on the West by the East line of the above
mentioned Block 55. Said lands containing 0.9626 acres more or less.
Also,that portion of 16th Street and its Easterly extension bounded on the West by the Easterly Right-of-
Way line of Collins Avenue and bounded on the East by the Erosion Control Line of the Atlantic Ocean.
Said lands containing 0.9419 acres more or less.
All lands described above located lying and being in the City of Miami Beach,Florida.
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EXHIBIT D
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LEGAL DESCRIPTION - PARKING SITE
Lots 8, 9, 10, 11, 12 and 13, and the entire right-of-way of the former and future 16th Street bounded
on the west by Washington Avenue and bounded on the east by Collins Avenue, all in Block 57,
FISHER'S FIRST SUBDIVISION OF ALTON BEACH, as recorded in Plat Book 2 at Page 77, of
the Public Records of Dade County, Florida.
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EXHIBIT E
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. )4 0-q c
TO: Mayor Seymour Gelber and January 24, 1996
Members of the City Commission DATE:
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT:
SECOND READING PUBLIC HEARING - AN ORDINANCE
INCREASING DEVELOPMENT OF REGIONAL IMPACT GUIDELINE
AND STANDARD THRESHOLDS AND DESIGNATING THE CITY
CENTER HISTORIC CONVENTION VILLAGE REDEVELOPMENT
AND REVITALIZATION AREA AS A REGIONAL ACTIVITY
CENTER.
RECOMMENDATIO .T
The Administration recommends that the City Commission adopt on
second reading the subject ordinance, upon holding a public
hearing.
BACKGROUND
In 1994 , the City Commission included a legislative amendment in
its package of legislative initiatives to increase the threshold
level for convention center hotels . With the assistance of
Representative Elaine Bloom, this amendment was achieved; however,
an increased DRI threshold can only be put in place if the hotel is
located within a Regional Activity Center or an Urban Central
Business District .
On March 15, 1995, the City Commission authorized staff and the
City Attorney' s Office to review the matter further and take
whatever steps necessary to move the process forward. This
authorization was given with the caveat that a designation of the
City Center/Historic Convention Village Redevelopment and
Revitalization Area as a Regional Activity Center or Urban Central
Business District should be done in a manner which increases the
PAGE 1 OF 4
AGENDA ITEM
DATE aq-"I (c
DRI threshold only for the Loews Hotel Project including the
related accessory parking garage and no other large developments .
The Planning Board heard this matter at its July 25, 1995 regular
meeting and recommended that the draft ordinance be submitted to
the Florida Department of Community Affairs (DCA) for comment . On
July 26, 1995, the Commission approved a resolution authorizing the
draft ordinance to DCA.
In the intervening months since July, the City Attorney' s office
has been in consultation with attorneys at the Department of
Community Affairs and has been able to modify the ordinance to
address concerns raised relative to the exhibits . The modified
ordinance is attached, hereto.
ANALYSIS
Staff has made inquiries of the Florida Department of Community
Affairs (DCA) and the South Florida Regional Planning Council
(SFRPC) as to what procedure would be required to increase the
Development of Regional Impact (DRI) Threshold for the Convention
Center Hotel . Under Chapter 28-24 of the Florida Rules, a hotel
development of 350 rooms is presumed to be a development of
regional impact; however, a hotel serving a convention center of
more than 250 , 000 gross square feet and built prior to July 1,
1992 , can have up to 875 rooms before it is presumed to be a
development of regional impact . The only caveat to this provision
is that the hotel must be located within either an "Urban Central
Business District" or a "Regional Activity Center, " designations
which must be provided for in the City' s Comprehensive Plan.
The City of Miami Beach Comprehensive Plan presently does not have
either an Urban Central Business District (UCBD) or Regional
Activity Center (RAC) designation for any part of the City. Staff
has taken the position that it would be appropriate to so designate
that area known as the City Center Historic Convention Village
Redevelopment Area, thereby enabling the proposed Convention Hotel
to proceed without the need to prepare a Development of Regional
Impact Report . Such DRI Report could cost a minimum of $250, 000
and require a year or more to receive approvals .
Staff believes that the City Center Historic Convention Village
PAGE 2 OF 4
}
Redevelopment Area meets the definition criteria for a Regional
Activity Center or an Urban Central Business District, specifically
since it has the following attributes :
- compact
- high intensity
- high density
- multi-use
- designated as appropriate for intensive
growth by the local government
- may include: retail, office, cultural;
recreational and entertainment facilities;
hotel and motels; or appropriate activities.
Rule 28 . -24 . 014 (10) (a) allows for a community to adopt an ordinance
to be submitted to the Florida Department of Community Affairs
which defines the boundary of a proposed Regional Activity Center
(RAC) or Urban Central Business District (UCBD) and the City' s
commitment to amend subsequently the Comprehensive Plan at the next
available opportunity for amendment. Such an ordinance and the
subsequent plan amendment must specifically indicate that the RAC
or UCSD boundaries shall be used for increased DRI guidelines and
standards, consistent with established criteria. The amendment
before you today narrows the focus of increased DRI thresholds
specifically to the Convention Center Hotel and its accessory
parking structure, and allows no other development to have
increased thresholds.
DESIGNATION AS A REGIONAL ACTIVITY CENTER
After consultation with the South Florida Regional Planning
Council, as well as the DCA, it has been determined that the area
should be designated as a Regional Activity Center (RAC) .
This determination was based on the State definition of a RAC as an
area which routinely provides service to, or is regularly used by,
a significant number of citizens of more than one county and
contains adequate existing public facilities as defined in Rule 9J-
5 of the Florida Administrative Code, or contains committed public
facilities as defined in the capital improvements element of the •
PAGE 3 OF 4
local government comprehensive plan, and is proximate and
accessible to interstate or major arterial roadways . The area
substantially meets this criteria.
Under this designation, the guidelines, standards, and thresholds
for a resort or convention hotel development within this Regional
Activity Center would be increased by 1506 with respect to the
convention hotel development known as the "Loews Hotel Project" to
be located on the site encompassing the former Sands, New Yorker,
Poinciana, and St . Moritz Hotels and including the 16th Street End
east of Collins Avenue, as well as the accessory parking structure
on the west side of Collins Avenue, all of which are within the
Area.
The revised guidelines, standards, and thresholds for a resort or •
convention hotel development would apply only to that development
known as the "Loews Hotel Project" and its related accessory
parking structure and to no other resort or convention hotel
development located in Miami Beach or the proposed Regional
Activity Center.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on second reading the Ordinance to designate the
City Center/Historic Convention Village Redevelopment and
Revitalization Area as a Regional Activity Center (RAC) , with an
increased DRI threshold for the Loews Hotel Project and its
accessory parking structure.
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