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Ordinance 99-3200 ORDINANCE NO, 99-3200 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP CATEGORY OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN BY ESTABLISHING A NEW FUTURE LAND USE MAP DESIGNATION CATEGORY TO BE ENTITLED "SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL DISTRICT)"; AMENDING THE FUTURE LAND USE MAP FOR THE PROPERTIES KNOWN AS THE "HEBREW ACADEMY ELEMENTARY SCHOOL PARCEL" LOCATED AT 2400 PINE TREE DRIVE FROM PFE (PUBLIC FACILITY EDUCATION) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), THE "MIKVEH PARCEL" LOCATED AT 2530 PINE TREE DRIVE FROM PFE (PUBLIC FACILITY EDUCATION) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL AND THE "1 .1 ACRE PARCEL" LOCATED ADJACENTLY TO THE NORTH PROPERTY LINE OF THE HEBREW ACADEMY ELEMENTARY SCHOOL PARCEL FROM PFE (PUBLIC FACILITY EDUCATION) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY AMENDING THE "FANA HOLTZ HIGH SCHOOL PARCEL" LOCATED AT 2425 PINE TREE DRIVE FROM PF (PUBLIC FACILITY) TO SPE (SPECIAL PUBLIC FACILITIES EDUCATIONAL), BY AMENDING THE "2.49 ACRE CITY PARCEL" LOCATED ADJACENTLY TO THE SOUTH PROPERTY LINE OF THE MIKVEH PARCEL FROM PFE (PUBLIC FACILITY EDUCATION) TO ROS (RECREATION AND OPEN SPACE); AMENDING PART II: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, AS AMENDED, BY ADDING A CATEGORY TO BE ENTITLED "SPECIAL PUBLIC FACILITIES EDUCATIONAL CATEGORY" TO POLICY 1 .2 OF OBJECTIVE 1 : LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT, ALL PARCELS AS LEGALLY DESCRIBED IN THE ATTACHMENTS TO THE ORDINANCE; DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN EFFECTIVE DATE. WHEREAS, on June 7, 1989 the City Commission approved an option with the Greater Miami Hebrew Academy, Inc. ("Hebrew Academy") to exchange private land for a portion of the Par 3 Golf Course; and 1 f WHEREAS, the Citizens for Greenspace, Inc., filed a lawsuit challenging the exchange of land between the City and the Hebrew Academy; and WHEREAS, in an effort to amicably resolve the litigation, the City, the Hebrew Academy, the Citizens for Greenspace and the Daughters of Israel, Inc., entered into a Settlement Agreement dated October 17, 1995; and WHEREAS, the Settlement Agreement provides for the exchange of certain lands between the City and the Hebrew Academy and specifies certain development rights with respect to certain Hebrew Academy properties; and WHEREAS, in order to effectuate the settlement between the parties, the proposed amendments to the Land Development Regulations of the City Code have been applied for by the Hebrew Academy and the City; and WHEREAS, the Planning Board, at its meeting of April 29, 1997, by a unanimous vote RECOMMENDING APPROVAL of the amendments to the Future Land Use Map, and the amendments to the text of the City of Miami Beach Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Future Land Use Map of the City of Miami Beach Comprehensive Plan, as amended, is hereby amended by including a new Future Land Use category to be entitled "SPE (Special Public Facilities Educational District)". SECTION 2. The Future Land Use Map of the City of Miami Beach Comprehensive Plan, as amended, is hereby amended by changing the land use designations for the properties known as: 1 . the "Hebrew Academy Elementary School Parcel" located at 2400 Pine Tree Drive, Miami Beach, Florida from PFE (Public Facility 2 Education), hereafter to have the land use designation of SPE (Special Public Facilities Educational) and which is legally described on Exhibit "A" attached hereto and made a part hereof; and 2. the "Mikveh Parcel" located at 2530 Pine Tree Drive, Miami Beach, Florida from PFE (Public Facility Education), hereafter to have the land use designation of SPE (Special Public Facilities Educational) and which is legally described on Exhibit "B" attached hereto and made a part hereof; and 3 the "1 .1 Acre Parcel" located adjacently to the north property line of the Hebrew Academy Elementary School Parcel from PFE (Public Facility Education), hereafter to have the land use designation of SPE (Special Public Facilities Educational) and which is legally described on Exhibit "C" attached hereto and made a part hereof; and 4. the "Fana Holtz High School Parcel" located at 2425 Pine Tree Drive, Miami Beach, Florida from PF (Public Facility), hereafter to have the land use designation of SPE (Special Public Facilities Educational) and which is legally described on Exhibit "D" attached hereto and made a part hereof; and 5. the "2.49 Acre City Parcel" located adjacently to the south property line of the Mikveh Parcel from PFE (Public Facility Education), hereafter to have a land use designation of ROS (Recreation and Open Space) and which is legally described on Exhibit "E" attached hereto and made a part hereof. SECTION 3. The Commission approves amendments to Part II: Goals, Objectives and Policies of the City of Miami Beach Comprehensive Plan, as amended, as follows: 3 "FUTURE LAND USE ELEMENT OBJECTIVE 1 : LAND DEVELOPMENT REGULATIONS * * * Policy 1.2 * * * Public Facility: Educational (PF (E)) * * * Special Public Facilities Educational Category (SPE) Purpose: To provide development opportunities for existing and new educational and religious facilities. Uses which may be Permitted: Public or private schools or educational or classroom facilities from preschool through graduate and religious facilities including mikvehs. Intensity Limits: Intensity may be limited by such setback, height, floor area ratio and/or other restrictions as the City Commission acting in a legislative capacity determines can effectuate the purpose of this land use category and otherwise implement complimentary public policy. However, in no case shall the intensity exceed a floor area ratio of 2.5 with the following exceptions: those sites as defined in the City of Miami Beach Zoning Ordinance as the Fana Holtz High School Parcel shall have a maximum floor area ratio of 3.0 and the Mikveh Parcel shall have a maximum floor area ratio of 1.0. * * *,, SECTION 4. The Administration is hereby instructed to transmit a copy of this Ordinance and all applicable documents immediately upon approval on First Reading and again after its adoption on Second Reading to all agencies as provided by law. The City Commission hereby requests that the state land planning agency review the plan amendments transmitted herewith and issue a report of its objections, recommendations and comments regarding these proposed plan amendments. 4 SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and same are hereby repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. INCLUSION IN COMPREHENSIVE PLAN. It is the intention of the City Commission, and it is hereby ordained that Sections 1 , and 2 are made part of the Future Land Use Map of the City of Miami Beach Comprehensive Plan, as amended and , Section 3 of this Ordinance shall become and be made part of the City of Miami Beach Comprehensive Plan Part II: Goals, Objectives and Policies, as amended; that the sections of this Ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 5 SECTION 8. EFFECTIVE DATE. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184(1 )(b), Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing Team. PASSED ON FIRST READING the 21' day of January, 1998. PASSED and ADOPTED ON SECOND AND FINAL READING this 20th day of July , 199 9 . MAYOR ATTEST: Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. MIAMI/PARD0A/845513/$4#h01!.DOC/6/28/99 APPROVED AS TO FORM & LANGUAGE 1st reading 1/21/98 & FOR EXECUTION 2nd reading 7/20/99 4 . 67 /9 ity Attorney A. Qp» 6 EXHIBIT "A" ELEMENTARY SCHOOL Legal Description A portion of the land in the S.E. '/. of Section 27, Township 53 South, Range 42 East, Dade County, Florida, being more particularly described as follows: From a point on the Easterly line of Pine Tree Drive, at the intersection with the Northerly Line of West 25- Street, as shown on the plat of FLAMINGO TERRACE EXTENSION recorded in Plat Book 38, Page 61 of the Public Records of Dade County, Florida, run Southerly along the Easterly Line of Pine Tree Drive for a distance of 736.57 feet to a point; thence run Westerly, at right angles to the said Easterly Line of Pine Tree Drive for a distance of 150 feet to the POINT OF BEGINNING of the tract of land herein described.; from said Point of Beginning continue Westerly along the tut course extended at right angles to the said Easterly Line of Pine Tree Drive for a distance of 206.02 feet to a point; thence deflecting to the right 67°17'00", run Northwesterly for a distance of 32850 feet to a point; thence deflecting to the right 48°54'00", run Northeasterly for a distance of 71.46 feet to a point; thence deflecting to the right 63°49'00", run Easterly a distance of 299.03 feet to a point, said point being 150 feet Westerly of the Easterly Line of Pine Tree Drive; thence deflecting to the right 90°00'00", run Southerly parallel to and 150 feet Westerly of the Easterly Line of Pine Tree Drive for a distance of 361.61 feet to the Point of Beginning. 440 MIKVEH PARCEL EXHIBIT "B" Commence (P.O.C.) at a point on the Easterly line of Pine Tree Drive, at a point of intersection with the Northerly line of West 25` Street extended West, as shown on the Plat of Flamingo Terrace Extension, a subdivision recorded in Plat Book 38, at page 61 of the public records of Dade County, Florida and run Due South along an Assumed Bearing, along the Easterly line of said Pine Tree Drive, a distance of 374.96 feet; thence run Due West across Pine Tree Drive, a distance of 100.00 feet to the Westerly line of said Pine Tree Drive; thence run Due North along the Westerly line of Pine Tree Drive, a distance of 527.00 feet to the Point of Beginning (P.O.B.) of the parcel of land hereinafter described; thence continue along the last mentioned course, a distance of 80.00 feet; thence run Due West, a distance of 174.25 feet; thence run S.22°3I'27"E., distance of 86.607 feet; thence run Due East, a distance of 207.427 feet to the Point of Beginning,(P.O.B.) . The land described contains 15,267 square feet, or 0.350 acres, more or less. 441 1 . 1 ACRE PARCEL EXHIBIT ' C LEGAL DESCRIPTION: Commence et a point cat the Els erty time of Pine Tree Drive at the ►rriersection with the Nortberty Tine of Wan 25th Street, u shown on the Pea of FLAMINGO TERRACE EXTENSION, recanted in Plat Book 3ti, at Page 61, Public Record of Dade County, Fiony; thence run Southerly, along the Easterly line of Pica Trot Drive for a distance of 374.96 feet to a pomfi thence tun Westerly, at right aeons to said Ealy line of Pine Tres Drivefor a distance od 150.00 beet to the POINT OF , th occ coati oe sandy, alma the criensien of the last described COMM for a asun a at 299.03 &A thence asaact b the right 161'03'09' and eaten Northeasterly for a distvetae of 131.14 feet to a point; dunes dedeet to the left 71'03'09' and ran Na hedy for a&ataoos of 207.42 beet to a palm thence run Eastaiy, at rig soils to the Easterly line of Pine Tice Dewe for a dimooa of 17500 fon to apo int;thence nun Soseethody,punkt to the Eastaty 1i3c of Plot Tier: Drive for a&once of 250.00&et to the POINT OF BEGINNING. Said Lade located,lying and being in the Oty of Mimi Brach and containing 46,391 square Sea meta or las or 1.0650 acres More or less. NATE: REt=e¢ PPowr oc Coal1 t:al�a P Ota. VW-FEZ TO POWN OF eaG1164441. 1w LtiFCZ To etCKT- os-w4.`( Tu(s SKETCH TO ACO1.1PL\t1Y A LEC.M. DESCPt1PTuN does not re prese nY' o i etd survey . Mngtes and distances. reRr to pr sire pion, GAMBACH �L- SKLika ARC. ,.DEAWit4G A-2 A1,1b D2AWt1,4G M GOB , Ctr.( Or MtAH 1 B AcN V.ECOQOS .4.2.C14 20, t • g5 • CITY OF MIAMI 4ENC'�lACZGA CtT • So veY0 — E G. N° e9IG 442 EXHIBIT 'D' Legal Description of Forma Boltz High Scbool Site I it 3, Block 1, FLAMINGO TERRACE ADDITION, according to the Plat thereof recorded in Plat Book 34, at Page 6, of the Public Records of Dade County, Florida, addressed as 2425 Pine Tree Drive, Miami Beach, Florida • 1 443 2.49 ACRE PARCEL EXHIBIT "E" Commence (P.O.C.) at a point on the Easterly line of Pine Tree Drive at the Point of Intersection with the Northerly line of West 25' Street extended West, as shown on the Plat of Flamingo Terrace Extension, a subdivision recorded in Plat Book 38, at page 61 of the public records of Dade County, Florida and run Due South along an Assumed Bearing. along the Easterly line of said Pine Tree Drive, a distance of 374.96 feet; thence run Due West across Pine Tree Drive, a distance of 100.00 feet to the Westerly line of said Pine Tree Drive and the Point of Beginning (P.O.B.) of the parcel of land hereinafter described; thence continue Due West along the Northerly line and its extension Easterly, the property occupied by the Greater Miami Hebrew Academy, located at 2400 Pine Tree Drive, a distance of 295.00 feet; thence run Due North, a distance of 110.00 feet; thence rem Due West, a distance of 40.00 fees; thence run N.14'28'39"W., a distance of 40.00 feet thence run Due North, a distance of 46,54 feet; thence run N.22°31'27"E., a distance of 359.13 feet thence run Due East, a distance of 207.427 feet to the Westerly line of said Pine Tree Drive; thence run Due South along the Westerly line of Pine Tree Drive, a distance of 527.00 feet to the Point of Beginning(P.O.B.). The Area described contains 153,304 square feet, more or less, or 3.519 acts, more or less. LESS AND EXCEPTING: THE LANDS DESCRIBED IN EXHIBIT "B" COMMONLY KNOWN AS THE 0.38 ACRE MIKVEH PARCEL; AND THE LANDS DESCRIBED IN EXHIBIT "C" COMMONLY KNOWN AS THE 1.1 ACRE PARCEL, 1 444 CITY OF MIAMI BEACH :ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 ittp:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. S2,3-5 9 TO: Honorable Mayor and DATE: July 20, 1999 Members of the City Commission $ . FROM: Sergio Rodriguez City Manager SUBJECT: Second Rea:tn'ublic Hearings 1) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Land Development Regulations of the Code of the City of Miami Beach, Florida,by Amending the City of Miami Beach Official Zoning Map to Establish a New Zoning District Map Category to Be Entitled "SPE (Special Public Facilities Educational District)"; by Rezoning the Properties Known as the "Hebrew Academy Elementary School Parcel" Located at 2400 Pine Tree Drive from RS-4 (Residential Single Family)to SPE(Special Public Facilities Educational),by Rezoning the "Mikveh Parcel" Located at 2530 Pine Tree Drive from GU (Government Use) to SPE (Special Public Facilities Educational), by Rezoning the "1.1 Acre Parcel" Located Adjacently to the North Property Line of the Hebrew Academy Elementary School Parcel from GU (Government Use) to SPE (Special Public Facilities Educational), by Rezoning the "Fana Holtz High School Parcel" Located at 2425 Pine Tree Drive from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational); by Deleting in its Entirety Section 142-71(c)(4) Regarding the 1989 Option Between the City and the Hebrew Academy and Clarifying and Confirming the Zoning Designations for the Properties Known as the "Mikveh Parcel" from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational), by Amending the "1.1 Acre Parcel" from RM-1 (Multi Family, Low Intensity) to SPE (Special Public Facilities Educational), by Amending the "Fana Holtz High School Parcel" from GU (Government Use) to SPE (Special Public Facilities Educational), by Amending the "2.49 Acre City Parcel" Located Adjacently to the South Property Line of the Mikveh Parcel from RM-1 (Multi Family, Low Intensity) to GU (Government Use), All as Legally Described in Attachments to the Ordinance; Establishing Section 142-671 to Be Entitled "SPE Special Public Facilities Educational District" and Providing Definitions, Purposes Uses, and Development Regulations for Said District, by Amending Section 142-71 to Include the SPE District; Providing for Repealer, Severability, Inclusion in the Zoning Ordinance and an Effective Date. 2) An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Future Land Use Map Category of the City of Miami Beach AGENDA ITEM 5 DATE 7-2D-99 Comprehensive Plan by Establishing a New Future Land Use Map Designation Category to Be Entitled "SPE (Special Public Facilities Educational District)"; Amending the Future Land Use Map for the Properties Known as the "Hebrew Academy Elementary School Parcel" Located at 2400 Pine Tree Drive from PFE (Public Facility Education) to SPE (Special Public Facilities Educational), the "NIikveh Parcel" Located at 2530 Pine Tree Drive from PFE (Public Facility Education) to SPE (Special Public Facilities Educational and the "1.1 Acre Parcel" Located Adjacently to the North Property Line of the Hebrew Academy Elementary School Parcel from PFE (Public Facility Education) to SPE (Special Public Facilities Educational), by Amending the "Fana Holtz High School Parcel" Located at 2425 Pine Tree Drive from PF (Public Facility) to SPE (Special Public Facilities Educational), by Amending the • "2.49 Acre City Parcel" Located Adjacently to the South Property Line of the Mikveh Parcel from PFE (Public Facility Education) to ROS (Recreation and Open Space); Amending Part II: Goals, Objectives and Policies of the City of Miami Comprehensive Plan, as Amended, by Adding a Category to Be Entitled "Special Public Facilities Educational Category" to Policy 1.2 of Objective 1: Land Development Regulations of the Future Land Use Element,All Parcels as Legally Described in the Attachments to the Ordinance; Directing Transmittals of this Ordinance and All Applicable Documents to Affected Agencies; Providing for Repealer, Severability,Inclusion in the Comprehensive Plan and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt the proposed amending,Ordinances upon second reading public hearing. BACKGROUND This hearing for this matter was opened and continued by the City Commission at its meeting of October 21, November 19, and December 17, 1997. At the December 17, 1997, June 17, 1998, and May 26, 1999 meetings, the Commission granted six-month extensions of time to the Settlement Agreement, to allow the matter to be further continued and be resolved by all parties. The Greater Miami Hebrew Academy(hereinafter the "Hebrew Academy") and the City of Miami Beach have filed an application to amend the Zoning Ordinance and Comprehensive Plan to comply with the terms of the Settlement Agreement which was executed on October 17, 1995 between the Hebrew Academy, the City of Miami Beach, the Citizens for Greenspace, Inc. and the Daughters of Israel, Inc. The Hebrew Academy owns the Elementary School located at 2400 Pine Tree Drive and currently leases from the City of Miami Beach the land for its High School which is located at 2425 Pine Tree Drive. The Hebrew Academy also currently owns the land (approximately 3.87 acres) to the north of its Elementary School. 2 • On June 7, 1989, the City of Miami Beach and the Hebrew Academy entered into an exchange of land, whereby the Hebrew Academy transferred to the City of Miami Beach the property located at 2425 Pine Tree Drive which is known as the Fana Holtz High School. In exchange for the transfer of land, the City transferred to the Hebrew Academy approximately 3.87 acres of land which is located directly north of the Hebrew Academy Elementary School and adjacent to and directly south of the Scott Rakow Youth Center. The Hebrew Academy, in conjunction with the Daughters of Israel, Inc., built a facility containing a mikveh and other educational uses on approximately 0.38 acres of the original 3.87 acres. The mikveh is located at 2530 Pine Tree Drive. Subsequently, a lawsuit was filed by the Citizens for Greenspace seeking to reverse the exchange of lands (See Map A). Pursuant to the terms of the Settlement Agreement. the Hebrew Academy will deed back to the City of Miami Beach approximately 2.49 acres which the City had previously deeded to the Hebrew Academy pursuant to the 1989 exchange of lands, and the City will deed back to the Hebrew Academy,the High School property. In addition, the parties agreed to support zoning text and map and comprehensive plan text and future land use map amendment applications to be filed with the City of Miami Beach which would create a new land use and zoning district entitled SPE (Special Public Facilities Educational District), and which said new district would be designated on the properties to be owned by the Hebrew Academy (See Table 1 for a synopsis of the proposed changes). On April 29, 1997 the Planning Board held a public hearing regarding the amendments and voted unanimously (7-0) to recommend their approval. On January 21, 1998, the City Commission approved the proposed ordinances upon first reading. ANALYSIS In order to effectuate the terms of the Settlement Agreement, it is necessary 1) to amend the Comprehensive Plan text and Future Land Use Map (FLUM);, and 2) to amend the current Land Development Regulations of the City Code and Official Zoning Map. These proposed amendments are in furtherance of the terms of the Settlement Agreement. For convenience and in order to help readers understand the proposed changes, each part is analyzed separately below. Ordinance Amendments to the Citv's Comprehensive Plan. These amendments contain four primary sections which are discussed below: A. Future Land Use Map Amendments Section 1. This section amends the Future Land Use Map of the City's Comprehensive Plan (hereinafter called "FLUM") by creating and including a new Future Land Use category to be entitled "SPE (Special Public Facilities Educational District)" to the list of future land use categories. 3 Section 2. This section amends the FLUM by designating the Hebrew Academy Elementary School Parcel, the Mikveh Parcel and the 1.1 Acre Parcel from PFE (Public Facility Educational) to the newly created SPE ( Special Public Facilities Educational District) future land use category. This section would also change the Fana Holtz High School Parcel from PF (Public Facility) to the new SPE category. The final change to the FLUM would involve the 2.49 Acre City Parcel which would be changed from PFE back to the original land use designation for the Par 3 Golf Course which is ROS (Recreation and Open Space). Table 1 sets forth the proposed changes in available acreage for properties affected by the proposed FLUM amendments. The recreation and open space amendments will reflect approximately a 2.49 acres increase in Recreation and Open Space for the City. Currently, the total 1,156 acres of recreation and open space (ROS), citywide, includes 224 acres in ornamental open space and 206 acres of ocean beach conservation area (430 acres of open space). Using the recreation and open space total acreage of 1,156, this indicates there are 10.6 acres of total ROS facilities per 1,000 persons (permanent population plus 20 percent of seasonal population= 109,500 persons). Pulling out the 430 acres of"open space" from the total, and adding back the 2.49 acre (City Parcel) increase as a result of the proposed amendments, the remaining 728.49 acres results in a proposed "recreation" level of service acreage of 6.65 acres per 1,000 population. The adopted LOS requirement for the City within the adopted Comprehensive Plan is 6.0 acres per 1,000 population and the current level of service acreage is 6.63 acres per 1,000 population. The existing and proposed Level of Service figure is considerably higher(more than double) than the commonly used national standard of 3.0 acres per 1,000 residents and are in excess of the adopted LOS of the City's Comprehensive Plan. Therefore, the proposed amendments would not decrease the adopted LOS for Recreation and Open Space, in fact, the amendment would increase the total acreage by 2.49 acres. (Note: The above calculations for the Recreation and Open Space LOS are independent and separate from any other pending Comprehensive Plan amendments.) B. Text Amendments to the Comprehensive Plan Section 3. This section creates the SPE within Part II: Goals, Objectives and Policies of the City's Comprehensive Plan. Specifically the new SPE land use category would be included within Objective 1: Land Development Regulations of the Future Land Use Element. The new category purpose, permitted uses and intensity limits would be listed. The category purpose would be "to provide development opportunities for existing and new educational and religious facilities". Permitted uses would include public or private schools, educational or classroom facilities from preschool through graduate and religious facilities including 4 mikvehs. Intensity limits would be limited by setback, height, floor area ratio and/or other restrictions as the City Commission determines appropriate to effectuate said land use category and otherwise implement complimentary public policy. The maximum floor area ratio would be 2.5, except the Fana Holtz High School Parcel and the Mikveh Parcel would be limited to the existing floor area of the existing building(s) as of January, 1997 (Note: This FAR restriction for these two properties is a specific requirement in the settlement agreement). C. Transmittal of Amendments (Resolution) Section 4. This section would instruct the City Commission, as recommended by the Planning Board (sitting as the Local Planning Agency), to approve the transmittal of the proposed amendments to the Comprehensive Plan (text and FLUM changes) and the corresponding changes to the Land Development Regulations (text and Zoning Map changes) to the Florida Department of Community Affairs(DCA),the South Florida Regional Planning Council(SFRPC)and any and all other affected state and local agencies. D. Last Sections Sections 5, 6, 7 & 8. These final sections provide for a repealer, severability, inclusion in the Comprehensive Plan and an effective date. Ordinance Amendments to the Land Development Regulations and the Official Zoning Map This ordinance is divided into two primary divisions which would amend the City's Official Zoning Districts Map to include the newly created zoning district(SPE), delete references to the original exchange of land between the Hebrew Academy and the City and codify the development regulations for the new zoning district category(SPE) within the Zoning Ordinance. A. Official Zoning Map Amendments Section 1. This section would amend the Official Zoning Map for the City of Miami Beach by including a new Zoning District category to be entitled "SPE (Special Public Facilities Educational District) to the list of zoning districts within the City. Section 2. This section would amend the Official Zoning Map by changing the zoning district category for the specific sites pursuant to the Settlement Agreement as follows: 5 1. the "Hebrew Academy Elementary School Parcel" from RS-4 (Residential Single Family) to SPE District; 2. the "1.1 Acre Parcel" from RM-1 (Multiple-Family. Low Intensity) to SPE District; 3. the "Mikveh Parcel" and from RM-1 (Multiple-Family. Low Intensity) to SPE District; 4. the "Fana Holtz High School Parcel" from GU (Government Use) to SPE District. As previously stated,the 2.49 Acre Parcel would automatically convert to the GU(Government Use) zoning classification upon its ownership being transferred back to the City. B. Text Amendments to the Land Development Regulations of the City Code Section 3. This section deletes the previous reference to the land swap executed on June 7, 1989 between the Hebrew Academy and the City. Section 4. This section would include the SPE District within Section 142-71 entitled "Districts Established", as required for a newly created zoning district and confirms the zoning district designations for the subject parcels. Section 5. This section creates a new subsection 142-671 that would be created for the new zoning district category (SPE). Specific definitions and legal descriptions are given for each subject site. The purpose and uses of the district are depicted in a table format on page 5 of the amending ordinance. Main permitted uses would include a school, educational or classroom facility from grades early childhood through graduate. Of special interest are the proposed Conditional Uses which would include any main permitted use or Conditional Use in a RM-3 or CD-2 district, excluding all commercial uses. Accessory Uses would include those uses customarily associated with any of the Main Permitted Uses or Conditional Uses. The development regulations for the SPE district would comply with the Settlement Agreement and the corresponding site plan(see attached). The proposed development regulations as now amended, would include a maximum (2.5) FAR, restrictions regarding maximum FAR for the Fana Holtz High School and Mikveh buildings, at 3.0 and 1.0 respectively, setback requirements, parking requirements, "grandfathering" of existing buildings with re-building provisions (notwithstanding the regulations within Chapter 118 Article X of the Land Development Regulations entitled, "Nonconformances"), height restrictions and a reference to the Settlement Agreement and site plan (dated 10/17/95)as the definitive documents for purposes of permitting development on the above described parcels of land. 6 Section 6. This section of the amending ordinance would add the SPE zoning district symbol to Section 142-71 entitled "Districts established" of the Zoning Ordinance. C. Last Sections Sections 7, 8, 9 & 10. These last sections would provide for a repealer, severability, codify the above changes to the Land Development Regulations by the City Commission and an effective date. In reviewing a request for an amendment to the Land Development Regulations or a change in land use, the City Commission and the Planning Board consider the prescribed review criteria, when applicable, for such changes. Since the amending ordinance would change the zoning district designation for the subject properties, the review criteria were determined to be applicable to this amendment request. In reviewing a request for an amendment to the Land Development Regulations which involves a change in zoning district boundaries, the City Commission and Planning Board shall consider the following: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent- As contained within the conditions of approval detailed within the Settlement Agreement, the application would be consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The amendments to the FLUM would be consistent with the existing land uses on the various sites, ie., educational facilities and the golf course (GU). There would be no increase in population densities. The subject properties are not located within a Redevelopment area. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent- The Zoning district change to SPE is based upon and consistent with the existing land uses of each site. The existing land use categories for the subject sites are already PFE and PF. The amendment would change the existing zoning district classification to be consistent withand compatible with the FLUM. The surrounding zoning districts are GU and RM-l. The Hebrew Academy is zoned RS-4(Single Family)which is not an appropriate classification for an educational facility. The Fana Holtz Parcel is zoned 7 RM-1 (Residential Multiple Family Low Intensity) which is also not an appropriate zoning classification for an educational facility. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Consistent - The changes are consistent with the surrounding scale of development permitted pursuant to the existing built environment and specified within the Settlement Agreement. The amendment contains specific height and setback requirements based on the surrounding scale of the neighborhood. For example, the height restriction would be generally 60 ft. above grade or 5 stories above one level of parking which would prevent any new development within the SPE from dominating adjacent properties; the front portion of the academy site would be limited in height to 40 ft. above grade. The RM-1 already has a height restriction in place of 50 ft. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent- In staffs opinion, the application would not exceed the established LOS for the area public facilities and infrastructure. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Consistent- The existing RS-4 (Hebrew Academy site) and RM-1 (1.1 Acre Parcel) are surrounded by GU zoning classifications (public golf course and municipal facilities). The RS-4 does not permit an educational facility as a permitted use; RM-1 allows such a uge through the Conditional Use procedures. In staffs opinion, the RS-4/RM-1 zoning classifications appear to be inappropriate. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - Pursuant to the Settlement Agreement, the change is part of the terms of that agreement. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent- The proposed change should not negatively affect living conditions or the quality of life for surrounding properties. There are several conditions within the Settlement Agreement to ensure that these issues are mitigated satisfactorily. 8 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Levels of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - The LOS for Traffic Circulation and public safety should not be affected by the amendment. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; Consistent - The Settlement Agreement already addresses the issue of the provision of adequate light and air to adjacent properties by the provision of appropriate setbacks and height restrictions. 10. Whether the proposed change will adversely affect property values in the adjacent areas; Consistent- Staff is of the opinion that property values, in adjacent areas would not be negatively affected by the proposed amendment. 11. Whether the proposed change will be a deterrent to the improvement or Development of adjacent property in accordance with existing regulations; Consistent- The proposed amendment would not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the proposed change should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; • Consistent - The RS-4 zoning designation permits single family residences as the main permitted use; educational facilities are prohibited. The RM-1 classification permits educational facilities as a Conditional Use only. 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use. Consistent- The lengthy negotiations for the Settlement Agreement explored all possible alternatives for the subject sites. Pursuant to the Settlement Agreement, the SPE zoning classification was determined as the appropriate zoning designation for the existing sites containing educational facilities and the foreseeable redevelopment of these sites. 9 BENEFITS OF THE PROPOSAL The Administration believes that the following benefits would ensue in the event the City Commission adopts the proposed Comprehensive Plan and Zoning Ordinance amendments: 1. The City of Miami Beach will acquire 2.49 acres of recreation and open space land; 2. There will be a decrease of 29,838 square feet of potential development on all the properties; 3. The City of Miami Beach may continue to use the 1.1 acre parcel for recreational purposes (golf play) until the Hebrew Academy uses the land; 4. The federal litigation will be eliminated; and, 5. The adoption will provide for mutual agreement and completion of the settlement agreement among the Greater Miami Hebrew Academy,the Citizens for Greenspace, Inc., the Daughters of Israel and the City of Miami Beach. CONCLUSION Based on the foregoing analysis, the Administration recommends that the Commission adopt the proposed ordinances upon second reading public hearing. SR/J /JGG/R GL/rgl F:\PLAN\$ALL\CC_MEMOS\1292C M,'s42.WPD 10 MAP A PROPOSED FLUM AMENDMENT yo% 2ibr '111 o 4 i :mel Eft J © 25t•■ O �! co %4,4 W.24th St. ZAN awl Legend 1.Hebrew Academy Elementary School Parcel from PFE to SPE 2.The 1.1 Acre Parcel from PFE to SPE 3.The 2.49 Acre City Parcel from PFE to ROS 4.The Mikveh Parcel from PFE to SPE 5.The Fana Holtz High School Parcel from PF to SPE w my W m Rm m --.1 !.'a v co N O O O O m r 9 N ii 1 Q C O to. 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