2004-25566 Reso
RESOLUTION NO. 2004-25566
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, FOLLOWING A DULY
ADVERTISED PUBLIC HEARING TO OBTAIN PUBLIC INPUT
REGARDING THE NOTIFICATION OF PROPOSED CHANGE
("NOPC"), FILED BY FLAGSTONE ISLAND GARDEN, LLC ON
BEHALF OF THE DOWNTOWN DEVELOPMENT AUTHORITY,
FOR THE EXPANSION OF THE DOWNTOWN DEVELOPMENT
OF REGIONAL IMPACT (DRI) DISTRICT BOUNDARIES TO
INCLUDE THE NORTHWEST QUADRANT OF WATSON
ISLAND, AUTHORIZING THE ADMINISTRATION TO TRANSMIT
THIS RESOLUTION, THE ATTACHED COMMISSION
MEMORANDUM, AND THE SUMMARY OF PUBLIC COMMENT
AND CONCERNS RECEIVED PURSUANT TO THIS PUBLIC
HEARING OF MAY 5, 2004, TO THE SOUTH FLORIDA
REGIONAL PLANNING COUNCIL AND THE DEPARTMENT OF
COMMUNITY AFFAIRS OF THE STATE OF FLORIDA,
ADDRESSING THE CITY AND THE PUBLIC'S CONCERNS
RELATIVE TO THE NOPC.
WHEREAS, on April 8, 2004, representatives of Flagstone Island Gardens, LLC
submitted a Notification of Proposed Change (NOPC) to the Florida Department of
Community Affairs, on behalf of the Downtown Development Authority, which proposed
to expand the boundaries of the Downtown Development of Regional Impact (DRI)
District to include the northwest quadrant of Watson Island; and
WHEREAS, Section 380.06(19)(a), Florida Statutes, specifies that "any proposed
change to a previously approved development which creates a reasonable likelihood of
additional regional impact, or any type of regional impact created by the change not
previously reviewed by the regional planning agency, shall constitute a substantial
deviation and shall cause the development to be subject to further DRI review"; and
WHEREAS, Section 380.06(19), Florida Statutes, also states that the regional
planning agency or the state land planning agency shall review the proposed change
and, no later than 45 days after submittal and prior to the public hearing, shall advise
the local government in writing whether it objects to the proposed change, and shall
specify the reasons for its objection, if any; and
WHEREAS, based upon the April 14, 2004 application date of the NOPC, the
City shall submit any and all comments to the South Florida Regional Planning Council
prior to May 13, 2004, to ensure these comments are received as part of the agency's
review process; and
WHEREAS, the NOPC purports to not be a substantial deviation; and
'.
WHEREAS, notwithstanding the aforestated contention, the City has the
following concerns and comments with respect to the NOPC; the City believes these
areas warrant further review, which include:
1. Boundary Expansion
2. Land Use
3. Build Out Date
4. Transportation Methodology
5. Transportation Assessment
6. Comprehensive Plan
7. Development Moratoriums
8. FTAA; and
WHEREAS, the City's aforestated concerns are further specifically set forth in
the City's Commission Memorandum, which is attached and incorporated as Exhibit "A"
to this Resolution and are herein submitted by the City for further review to the South
Florida Regional Planning Council and the Department of Community Affairs of the
State of Florida; and
WHEREAS, additionally, due to the importance of the development proposed
within the expanded boundaries identified in the NOPC, and its impact to Miami Beach,
a public hearing soliciting public comment was held on May 5, 2004, a summary of
which is transmitted with this Resolution and Commission Memorandum.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, following a duly advertised Public
Hearing to obtain public input regarding the Notification of Proposed Change ("NOPC"),
filed by Flagstone Island Garden, LLC on behalf of the Downtown Development
Authority, for the expansion of the Downtown Development of Regional Impact (DRI)
district boundaries to include the northwest quadrant of Watson Island, that the Mayor
and City Commission authorize the Administration to transmit this Resolution, the
attached Commission Memorandum (Exhibit "A"), and the summary of public comment
and concerns received pursuant to this Public Hearing of M 5, 2004, to the South
Florida Regional Planning Council and the Depart nt of mmunity Affairs of the
State of Florida, addressing the City and the public's c ncer s la ive to the NOPC.
PASSED and ADOPTED this 5th day of ay, 0
ATT~SI: p
Jl1WA ~ aA{~
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
T:\A.GENDA\2004\May0504\Regular\Watson Island DRI CM.reso.doc
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City Attorney
5-/)..-0'1
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
From:
Mayor David Dermer and Date: May 5, 2004
Members of the City Commission
Jorge M. Gonzalez ~..rif
City Manager 'if 0
A PUBLIC HEARIN ; TO SOLICIT PUBLIC INPUT REGARDING THE
NOTIFICATION OF PROPOSED CHANGE ("NOPC"), FILED BY FLAGSTONE
ISLAND GARDEN, LLC ON BEHALF OF THE DOWNTOWN DEVELOPMENT
AUTHORITY, FOR THE EXPANSION OF THE DOWNTOWN DEVELOPMENT OF
REGIONAL IMPACT (DRI) DISTRICT BOUNDARIES TO INCLUDE THE
NORTHWEST QUADRANT OF WATSON ISLAND.
To:
Subject:
On April 8, 2004, representatives of Flagstone Island Gardens, LLC submitted a
Notification of Proposed Change (NOPC) to the Florida Department of Community Affairs,
on behalf of the Downtown Development Authority. This NOPC proposed to expand the
boundaries of the Downtown Development of Regional Impact district to include the
Northwest quadrant of Watson Island.
Developments of Reaionallmpact
The term "development of regional impact," as defined in Chapter 380.06, Florida Statutes,
means any development which, because of its character, magnitude, or location, would
have a substantial effect upon the health, safety, or welfare of citizens of more than one
county.
Downtown DRI Backaround
The Downtown Miami DRI Update is governed by the amended DRI development order
and Increment II expansion adopted by the City of Miami on December 12, 2002. The
boundaries of the Downtown Miami DRI include 840 acres of urban improved land located
in three general areas within Downtown Miami, and are identified as Omni, Central
Business District (CBD) and Brickell.
Master Develo ment Program Summarv
Land Use Increment I Increment II Increment II Increment
fsauare Feet) (approved) (oriainall (adopted) III
Office 3,681,890 3,600,000 1,300,000 3,700,000
Government 300,000 250,000 . 200,000
Retail 1,453,500 400,000 750,000 500,000
Hotel 4,500 rooms 500 rooms 1,500 rooms 1,100 rooms
Residential 10,550 units 2,550 units 7,500 units 2,920 units
Convention 500,000 0 500,000 0
Industrial 1,050,000 0 750,000 1,050,000
Institutional 200,000 0 450,000 300,000
Attractions 30,500 1,600 seats 60,000 seats 5,000 seats
seats
Marine Facilities 100,000 0 . 0
Agenda Item
Date
RqD
':)-5"--0'1
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 2 of 10
Substantial Deviation
Any proposed change to a previously approved development which creates a reasonable
likelihood of additional regional impact, or any type of regional impact created by the
change not previously reviewed by the regional planning agency, shall constitute a
substantial deviation and shall cause the development to be subject to further DRI review.
Section 380.06(19), F.S., specifies the following actions and timeframes following a
submission of a NOPC to the local government, the regional planning agency and the state
land planning agency.
1. No sooner than 30 days but no later than 45 days after submittal, the local
government (City of Miami) shall give 15 days notice and schedule a public
hearing to consider the change that the developer asserts does not create a
substantial deviation. The public hearing shall be held within 90 days after
submittal.
2. The regional planning agency or the state land planning agency shall review
the proposed change and, no later than 45 days after submittal and prior to
the public hearing shall advise the local government in writing whether it
objects to the proposed change, shall specify the reasons for its objection, if
any.
3. At the public hearing, the local government shall determine whether the
proposed change requires further DRI review.
4. If the local government determines that the proposed change does not
require further DRI review and is otherwise approved, the local government
shall issue an amendment to the Development Order incorporating the
approved change and conditions of approval relating to the change. The
decision of the local government to approve, with or without conditions, or to
deny the proposed change that the developer asserts does not require
further review shall be subject to the appeal provisions of s. 380.07.
However, the state land planning agency may not appeal the local
government decision if it did not comply with the review procedure and
timeframes established above.
5. The regional planning agency by vote at a regularly scheduled meeting may
recommend that the state land planning agency undertake an appeal of a
DRI Development Order. Upon the request of a regional planning council,
affected local government, or any citizen, the state land planning agency
shall consider whether to appeal the order and shall respond to the request
within the 45-day appeal period.
Based on the aforementioned timelines set forth by statute, and based upon the April 8.
2004 submittal date of the NOPC, the City shall submit any and all comments to the South
Florida Regional Planning Council prior to May 7,2004, to ensure these comments are
received as part of the agency's review process.
This NOPC purports to not be a substantial deviation. The City's input back to the review
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 3 of 10
agencies should entail an analysis of the elements that may, in our opinion, constitute a
substantial deviation and any other inconsistency of DRI criteria that is of concern.
Accordingly, below is a summary of the Administration's review of the relevant areas of
concern which include:
1. Boundary Expansion
2. Land Use
3. Build Out Date
4. Transportation Methodology
5. Transportation Assessment
6. Comprehensive Plan
7. Development Moratoriums
8. FTAA
Notice of Proposed Chanae
The NOPC covers the expansion ofthe Downtown Development of Regional Impact (DRI)
district boundaries to include the northwest quadrant of Watson Island. This expansion of
boundaries necessitates a new analysis to determine any significant impact (s).
Proiect Development Proqram
According to the South Florida Regional Planning Council's Final Pre-Application
Summary, dated November 25,2002, the proposed Island Gardens development program
will redistribute the following DRlland uses from the Omni and/or CBD sections to Watson
Island: 54 Marina slips; 525 Hotel rooms; and 235,857 Retail square feet (includes open-air
fish market (10,62,9 sf) and a Maritime Gallery (4,000 sf).
According to the Transportation Assessment, prepared by David Plummer & Associates
and revised March 2004, the proposed Island Gardens development program on Watson
Island will include the following DRlland uses: 50 Marina slips; 605 hotel rooms and a total
of 232,774 retail square feet (includes an 7,774 sq. ft. fish market and restaurant, and a
4,000 sq. ft. maritime gallery.
Thus, the development program appears to have changed slightly.
Boundary Expansion
Section 380.06(19)(e)(2)(f), F.S., states that:
"The following changes, individually or cumulatively with any previous changes, are not
substantial deviations...
(f) Changes to increase the acreage in the development, provided that no
development is proposed on the acreage to be added." (emphasis added)
Section 380.06(19)(e)(3), F.S., states that:
"Except for the change authorized by sub-subparagraph 2.f., any addition of land not
previously reviewed or any change not specified in paragraph (b) or paragraph (c) shall
be presumed to create a substantial deviation. This presumption may be rebutted by
clear and convincing evidence."
Commission Memorandum
May 5, 2003
Downtown Miami Development of Reg/ona/lmpact
Page 4 of 10
The NOPC includes expansion of the boundary of the Downtown Miami DRI to include the
northwest quadrant of Watson Island, as an addition of land on which development will
occu r.
Initial Finding No.1: The NOPC appears to be a substantial deviation as defined in
380.06(19)(e)(3), because land area, on which new development is proposed, is being
added to the DRI and has not previously been reviewed.
Land Use
Section 380.06(19)(b) ,F.S., states that:
"Any proposed change to a previously approved development of regional impact or
development order condition which, either individually or cumulatively with other
changes, exceeds any of the following criteria shall constitute a substantial deviation
and shall cause the development to be subject to further development-of-regional-
impact review without the necessity for a finding of same by the local government...
(11) An increase in hotel or motel facility units by 5 percent or 75 units,
whichever is greater.
City of Miami Resolution 02-1307 approved a change in approved hotel rooms in Increment
II from 500 to 1,500. This is an increase of 1,000 rooms, or 200%. The NOPC proposes
the construction of between 525 and 605 hotel rooms on the proposed Watson Island
addition to the DRI area, an area of land that has not been previously reviewed.
Initial Finding NO.2: The change in the number of hotel rooms approved in Increment II
may be a substantial deviation as defined in 380. 06(19)(b)(11), because the increase is
greater then 5% and greater than 75 units. It must be determined if this is considered a
substantial deviation.
Build Out Date
The original Date of Buildout for Increment II was December 30,2005, On December 12,
2002, the Miami City Commission approved Resolution 02-1307, which is the Development
Order that approved changes to Increment II, as reflected in the chart above. The
Development Order specifies a new Build Out Date for Increment II as May 28, 2009.
The NOPC submitted by the Downtown Development Authority includes the following
responses:
Item No. 7 - List all the dates and resolution numbers of all modification or
amendments to the originally approved DRI development order that
have been adopted by the local government.
Response 7(M) - Resolution No. 02-1307
7(M)(5) - The extension of the build out/termination date for
Increment II from December 30,2005 to May 20,2014.
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 5 of 10
Item No. 10 - Does the proposed change result in a change to the build out date or
any phasing date of the project? If so, indicate the proposed new
buildout or phasing dates.
Response: No. The proposed changes do not change the build out date for
Increments II and III, established by the City of Miami Resolution 02-
1307 and Resolution 94-849 as May 20,2014 and December 30,2014,
respectively.
Staff believes that the representations made in the NOPC relating to the Build Out Date are
inconsistent with the approved Development Order, as the approved Development Order
specifies a May 28, 2009 Build Out Date as compared to the NOPC which lists May 20,
2014 as the Build Out Date.
Florida Law currently specifies that extension of the Build Out Date of a development by
more than 7 years is presumed to create a substantial deviation subject to further DRI
review. During the 2004 legislative session, the Legislature passed, and the Governor
approved, House Bill 539, which amended the above referenced time frame. The bill
becomes law on July 1, 2004, and specifies that the extension of the Build Out Date of an
areawide DRI by more than 5 years but less than 10 years is presumed not to create a
substantial deviation.
Initial Finding NO.3: The Build Out Dates identified in the NOPC (May 20, 2014) appear
inconsistent with the Development Order and City of Miami Resolution 02-107 (May 28,
2009).
Initial Finding No.4: Based on the Build Out Dates identified in the NOPC of May 20, 2014,
does the law at the time of application submittal apply and thus, dictate such an extended
Build Out Date as a substantial deviation?
Transportation Methodoloqy
On September 19, 2002, City staff attended a meeting at the South Florida Regional
Planning Council to discuss the proposed transportation methodology to assess
transportation impacts for a potential NOPC to the Downtown Miami DR!. On November
25,2002, the Planning Council distributed the pre-application summary from this meeting,
which is attached as Exhibit 'A'. The summary includes comments made by the Miami
Beach representatives to ensure that the traffic analysis considered impacts in Miami
Beach.
. Committed developments to be updated to include the Portofino DRI, as well as
projects north and south of 5th Street.
. Traffic counts from count stations on the MacArthur Causeway east of Watson
Island to be updated.
. Peak hour analysis of the intersection of Alton Road and the MacArthur
Causeway.
. Study roadways within Miami Beach, not just corridors leading to Miami Beach.
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 6 of 10
. A discussion of transit and pedestrian trip reductions was to be held with the City
of Miami.
The Final Pre-Application Summary distributed by the South Florida Regional Planning
Council defined the following Project Study Area:
"The Project Study Area for Transportation will include all corridors
leading to Miami Beach and all North, Sough, East and West roads
(including Alton Road) in Miami Beach, wherever a significant impact
is reported. The final Project Study Area will be adjusted as
determined by the traffic impact analysis. "
Transportation Assessment
On page 5 of the Transportation Assessment prepared by David Plummer & Associates,
the following study area is described:
'The project study area for transportation will include all corridors
leading to Miami Beach and all North, South, East and West roads
(including Alton Road in Miami Beach), wherever a significant impact
is reported. The final project study area will be adjusted as
determined by the traffic impact analysis."
Additionally, in section 2.0 - Establishing Existing Corridor Conditions
of the Transportation Assessment, "the existing traffic conditions were
modified to include the expanded study area. This includes roadway
segments to the east along MacArthur Causeway to Miami Beach,
and roadway segments along Alton Road."
Initial Finding NO.5: It appears that the Transportation Consultant did not analyze the study
area defined by the South Florida Regional Planning Council, and rather than review the
impact on all North, South, East and West roads in Miami Beach (as specified in the pre-
application summary), only studied the impact on the MacArthur Causeway and Alton
Road.
The Traffic Analysis was submitted as part of the NOPC on April 8, 2004. The analysis is
under review by City staff and consultants to ensure that the applicant complied with the
DRI process criteria, using professionally acceptable methodology and accurate data.
However, an initial review of the traffic analysis for the project indicates impacts on the
Macarthur Causeway between Watson Island and Miami Beach, along 5th Street from
Collins to Alton, and on Alton Road, both north and south of Fifth Street. Staff questions
the numbers that have been used for existing and projected traffic volumes on these links,
and the resulting level of service determination made for these links. Staff believes that
additional analysis and detailed information regarding traffic volumes on these links is
warranted. Additionally, initial review indicates that the only committed development in
Miami Beach that was considered was the Portofino DR!.
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 7 of 10
Initial Finding NO.6: Additional analysis and detailed information is required to determine
the traffic impact the project will have on Miami Beach roadway segments.
Initial Finding No.7: The City of Miami Beach is unable, at this time, to determine whether
all committed developments in Miami Beach were analyzed, or only committed
developments on 5th Street and on Alton Road were analyzed as part of the traffic analysis.
Therefore, the City requests a copy of all committed developments that were reviewed.
If the review agencies agree that the new traffic analysis is sufficient and the traffic analysis
does not identify any new significantly impacted roadways, then the redistribution of DRI
land uses will not constitute a substantial deviation. If the new analysis with the
redistribution of trips identifies a significant impact on any new roadway segments (5% of
the service volume), then the proposed change will constitute a substantial deviation. The
appropriate mitigation would be determined during the substantial deviation process.
Comprehensive Plan
The NOPC submitted by the Downtown Development Authority includes the following
response:
Item No. 11 - Will the proposed change require an amendment to the local
government comprehensive plan?
Response No.
On Monday, April 16, 2003, the City of Miami published a public notice in the Miami Herald
for the following two ordinances for consideration at the Miami Commission Meeting on
May 6, 2004, that in effect is proposing a change to the comprehensive plan.
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE 0.78 ACRE PARCEL NAMED
"PROPOSED TRACT B" LOCATED WITHIN THE AREA
APPROXIMATELY TO THE NORTHWEST OF WATSON ISLAND,
MIAMI, FLORIDA, FROM "RECREATION" TO "RESTRICTED
COMMERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT, AMENDING ORDINANCE NO. 10544, AS
AMENDED, THE FUTURE LAND USE MAP OF THE MIAMI
COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE
LAND USE DESIGNATION OF THE 0.79 ACRE PARCEL NAMED
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional/mpact
Page 8 of 10
"PROPOSED TRACT C" LOCATED WITHIN THE AREA
APPROXIMATELY AT THE NORTHWEST OF WATSON ISLAND,
MIAMI, FLORIDA; FROM "RESTRICTED COMMERCIAL" TO
"RECREATION"; MAKING FINDINGS; DIRECTING TRANSMITTALS
TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDNG
FOR AN EFFECTIVE DATE.
Initial Finding NO.8: The public notice for two Watson Island comprehensive plan
amendments on the Island Gardens site is clearly a proposed change to the
comprehensive plan for the project and would appear to contradict the statement in the
NOPC that comprehensive plan amendments are not required by the proposed change
Can it be clarified if the proposed change to the comprehensive plan may not be a
"required change" for the project to proceed, and therefore the response in Number 11 of
the NOPC is correct?
Development Moratoriums
In other areas of Miami, the City has adopted or is discussing temporary development
moratoriums to respond to the significant amount of development that is occurring and
planned, in order to adopt appropriate zoning and design guidelines.
On May 6, 2004, the City of Miami Commission will consider the following item:
AN ORDINANCE OF THE MIAMI CITY COMMISSION,
ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS
LOCATED ON THE SOUTHWEST 27TH AVENUE CORRIDOR FROM
CORAL WAY TO US-1...
On April 29, 2004, the City of Miami Commission adopted the following ordinance on second
reading:
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE
'ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN
EXCESS OF 40 FEET IN HEIGHT FOR THAT AREA LOCATED IN
AND REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD
NORTH OVERLAY DISTRICT...
On April 8,2004, the City of Miami Commission adopted the following ordinance on second
reading:
AN ORDINANCE OF THE MIAMI CITY COMMISSION
ESTABLISHING A 90-DAY TEMPORARY MORATORIUM ON THE
ACCEPTANCE OF APPLICATIONS FOR NEW BUILDINGS IN
EXCESS OF 85 FEET (COMMERCIAL) OR 95 FEET
(RESIDENTIAL) IN HEIGHT FOR THAT AREA LOCATED IN AND
REGULATED UNDER THE SD-9 BISCAYNE BOULEVARD NORTH
"
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 9 of 10
OVERLAY DISTRICT...
Initial Finding NO.9 - Do the moratoriums and issues related to them affect roadways that
are impacted by the Downtown DRI and have any bearing on the traffic analysis and/or
substantial deviation review?
Free Trade Area of the Americas (FTAA)
On March 1, 2004, Gov. Jeb Bush, Miami Mayor Manny Diaz and leaders of a team
promoting Miami as the headquarters of the Free Trade Area of the Americas presented
plans to place the Trade Secretariat on Watson Island or Dinner Key in Coconut Grove.
The Watson Island site had earlier been slated to become the home of the Watson Island
Aviation and Visitors Center.
Initial Finding No. 10 - Does the proposal of Watson Island as one of two preferred sites
for the Secretariat of the FTAA have any bearing on the proposed change and the
substantive deviation review of impacts on areas that are affected by the Downtown DRI?
Initial FindinQs I Conclusion
1. The NOPC appears to be a substantial deviation as defined in 380.06(19)(e)(3),
because land area, on which new development is proposed, is being added to the DRI
and has not previously been reviewed.
2. The change in the number of hotel rooms approved in Increment II may be a
substantial deviation as defined in 380.06(19)(b)(11), because the increase is greater
then 5% and greater than 75 units. It must be determined if this is considered a
substantial deviation.
3. The Build Out Dates identified in the NOPC (May 20,2014) appear inconsistent with
the Development Order and City of Miami Resolution 02-107 (May 28,2009.
4. Based on the Build Out Dates identified in the NOPC of May 20,2014, does the law at
the time of application submittal apply and thus, dictate such an extended Build Out
Date as a substantial deviation?
5. It appears that the Transportation Consultant did not analyze the study area defined by
the South Florida Regional Planning Council, and rather than review the impact on all
North. South. East and West roads in Miami Beach (as specified in the pre-application
summary), only studied the impact on the MacArthur Causeway and Alton Road.
6. Additional analysis and detailed information is required to determine the traffic impact
the project will have on Miami Beach roadway segments.
7. The City of Miami Beach is unable, at this time, to determine whether all committed
developments in Miami Beach were analyzed, or only committed developments on 5th
Street and on Alton Road were analyzed as part of the traffic analysis. Therefore, the
City requests a copy of all committed developments that were reviewed.
8. The public notice for two Watson Island comprehensive plan amendments on the
Island Gardens site is clearly a proposed change to the comprehensive plan for the
project and would appear to contradict the statement in the NOPC that comprehensive
plan amendments are not required by the proposed change. Can it be clarified if the
proposed change to the comprehensive plan may not be a "required change" for the
Commission Memorandum
May 5, 2003
Downtown Miami Development of Regional Impact
Page 10 of 10
project to proceed, and therefore the response in Number 11 of the NOPC is correct?
9. Do the moratoriums and issues related to them affect roadways that are impacted by
the Downtown DRI and have any bearing on the traffic analysis and/or substantial
deviation review?
10. Does the proposal of Watson Island as one of two preferred sites for the Secretariat of
the FT AA have any bearing on the proposed change and the substantive deviation
review of impacts on areas that are affected by the Downtown DRI?
The Administration will continue review of the relevant documents, and, as an interested
party, will submit findings to the South Florida Regional Planning Council.
JMG/C~/kC
Attachments
Exhibit 'A' - Pre Application Summary
T:\AGENDA\2004\May0504\RegularlWatson Island DRI eM.doc
South
Florida *
Regional
Planning
Council
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MEMORANDUM
DATE:
NOVEMBER 25, 2002
FROM:
DRI REVIEW AGENCIES AND INTERESTED PARTIES
DAVID DAHLSTROM, DRI COORDINATOR ~
DOWNTOWN MIAMI AREAWIDE - INCREMENT II DRI (AKA WATSON
ISLAND/ISLAND GARDENS NOPC) FINAL PRE-APPLICATION SUMMARY
TO:
SUBJECT:
This memorandum constitutes a final pre-application summary for the proposed Downtown Miami
_ Increment II Development of Regional Impact (DRI) Notice of Proposed Change (NOPC) for the
Island Gardens project on Watson Island. Based upon comments received from the reviewing
entities, the methodology used to prepare the NOPC application will be amended as shown with
underlined text.
The development order for the Downtown Miami Increment II DRI has not been adopted by the
City of Miami. The NOPC application for Watson Island cannot be filed until the DR! is approved
by the City of Miami and the 45 day appeal period has ended.
Background
On July 1, 2002, the Downtown Miami Areawide - Increment II DRI received conceptual approval
from the South Florida Regional Planning Council. The Impact Assessment Report, including
recommended development order conditions to be adopted by the City of Miami was transmitted to
the City of Miami following the July 1, 2002 Council Meeting. As of the date of this memorandum,
the development order for Increment II of the DRI, has not been adopted by the City of Miami. This
summary assumes that Downtown Miami Areawide - Increment II will be adopted by the City of
Miami prior to the submission of the proposed NOPC for the incorporation of the Island Gardens
development into the boundaries of the Downtown Miami Areawide - Increment II DRI.
As provided in the Master Development Order for the Downtown Miami Areawide DRI, the
remaining undeveloped portion of Increment I (unreserved credits), are to be carried forward to the
year 2009, consistent with the buildout date for Increment II. Upon adoption of the Increment II
Development Order, the transportation analysis for the proposed NOPC may include the approved
development totals for the Downtown Miami Areawide DRI. A summary of the development
program includes:
3440 Hollywood Boulevard, Suite 140, Hollywood, Florida 33021
Broward (954) 985-4416, Area Codes 305, 407 and 561 (800) 985-4416
SunCom 473-4416, FAX (954) 985-4417, SunCom FAX 473-4417
e-mail sfadmin@sfrpc.com
. ,
Land Use Increment I Increment II Increment II Increment Master D.O.
(square Feet) (approved) ( original) (proposed) III Auuroved
Office 3,681,890 3,600,000 1,300,000 3,700,000 14,400,000
Government 300,000 250,000 * 200,000 750,000
Retail 1,453,500 400,000 750,000 500,000 1,950,000
Hotel 4,500 rooms 500 rooms 1,500 rooms 1,100 rooms 3,100 rooms
Residential 10,550 units 2,550 units 7,500 units 2,920 units 9,020 units
Convention 500,000 0 500,000 0 500,000
Industrial 1,050,000 0 750,000 1,050,000 2,100,000
Institutional 200,000 0 450,000 300,000 600,000
Attractions 30,500 seats 1,600 seats 60,000 seats 5,000 seats 13,100 seats
Marine Facilities 100,000 0 * 0 0
MASTER DEVELOPMENT PROGRAM SUMMARY
* Included in office. All measures in square feet unless noted.
Proposed Development Program
The proposed Island Gardens development program will redistribute the following DRI land uses
from the Omni and/or CBD sections to Watson Island: 54 Marina slips; 525 Hotel rooms; and
235,857 Retail square feet (includes open-air fish market (10,629 sf) and a Maritime Gallery (4,000
sf). The applicant has submitted a Binding Letter of Vested Rights (BLIVR) to the DCA, requesting
the vesting of up to 42 marina slips from the DRI/NOPC review process. All vested development
will be exempt from the DRI/NOPC process. H the 6,593 square feet of support space is not
determined to be ancillary to the marina then the total square feet of leaseable space should be
considered as office or retail use (for DRI purposes) and included in the DRI impact analysis.
Transportation Impact Analysis Methodology
The Transportation Impact Analysis for the NOPC will utilize the base transportation methodology
used in the Increment II Application for Development Approval (ADA). The Increment II analysis
will be amended or updated, as necessary, to accommodate and reflect the inclusion of the
proposed Island Gardens development plan on Watson Island. This will include an adjustment to
the DRI boundary in order to accommodate the project site.
Pursuant to a previous determination from the Department of Community Affairs, the Parrot Jungle
development, as well as other development contemplated on Watson Island not associated with the
Island Gardens project, will not required to undergo DRI review. However, the DRI analysis will
incorporate these other developments as committed or background developments to the extent
required by Chapter 380.06, Florida Statutes.
Project Study Area
The Project Study Area for Transportation will include all corridors leading to Miami Beach and all
North, South, East and West roads (including AIton Road) in Miami Beach, wherever a significant
impact is reported. The final Project Study Area will be adjusted as determined by the traffic impact
analysis.
2
Committed Development
Committed projects will be included in the traffic analysis and will include projects, such as, the
Portofino DRl, Parrot Jungle, and the Children's Museum. The Cities of Miami and Miami Beach
will be requested by the applicant to provide information about all committed developments with
^ ove! 400 PM peak hour trips for inclusion in this analysis.
Trip Generation
There will be no additional trips added to the DRl; however, there will be a redistribution of the
existing uses. Trips will be taken from the Omni and/ or COB areas. The trip generation rates will
be based upon the ITE 6th edition.
Transit
Transit and pedestrian trip reductions will be discussed and determined by the City of Miami,
FOOT, and SFRPC. The rate must be supported and documented. The rate will be documented
based on available or committed transit services. BayLink will not be included for DRI analysis
purposes.
Traffic Counts
Traffic Counts used in Increment II will be updated. The traffic counts for Increment II utilized year
1999 and 2000 data for the MacArthur Causeway. There are at least two permanent continuous
count stations on MacArthur Causeway and Miami Beach. The traffic analysis will be updated
based upon the best available FOOT, County, or local count updates at these stations and any other
roadway segments to the east of the DRI that were not part of the original Increment II data
collection.
Transportation Concurrency Exception Area (TCEA)
The existing boundaries of the Downtown Miami Areawide DRI are wholly located within a City of
Miami TCEA boundary. Watson Island is currently excluded from the City's TCEA boundary. The
inclusion of a portion of Watson Island into the DRI will not change the existing boundaries of the
TCEA. If an extension of the TCEA boundary onto Watson Island is desired, then the City of Miami
must adopt an amendment to its Comprehensive Plan.
Intersection Analysis
The analysis wilI include all critical intersections and ramps identified in Increment II. This analysis
will also be expanded to include all critical intersections and ramps will be 3nalYlied witllin tlte
bouml.aries of tile flew Project Study Area on Watson Island. In addition, the intersection of AIton
Road and MacArthur Causeway will be analyzed in the study peak hour. The City of Miami Beach
currently has an adopted TCMA. The applicant may utilize the level of service standard adopted
by the City of Miami Beach TCMA in determining the 5% significance threshold.
Internalization/Operational Analysis
The analysis should address the proposed internal walkway system and connections between
adjacent developments, particularly vehicle and pedestrian movements between Parrot Jungle and
Island Gardens, and designated bus parking areas. The analysis should also address the potential
impacts associated with any drawbridge openings at the Venetian Causeway during the peak hour.
3
City of Miami Beach - City Commission Meeting
Commission Chambers, 3rd Floor, City Hall
1700 Convention Center Drive
May 5, 2004
9:13:35 p.m.
R9D A Public Hearing To Solicit Public Input Regarding The Notification Of Proposed
Change ("NOPC"), Filed By Flagstone Island Garden, LLC On Behalf Of The
Downtown Development Authority, For The Expansion Of The Downtown
Development Of Regional Impact (DRI) District Boundaries To Include The
Northwest Quadrant Of Watson Island. 5:05 p.m. Public Hearina.
(City Manager's Office)
ACTION: Public hearing held. Motion made by Commissioner Steinberg;
seconded by Commissioner Bower; Voice vote: 6-0; Absent Commissioner
Garcia. Christina Cuervo to handle.
Christina Cuervo, Assistant City Manager, introduced and summarized the item.
Mayor Dermer: This is a very important matter. Frankly it has just as much or
more impact than the matter we discussed tonight, because this is dealing with
Watson Island traffic congestion over 5th Street. The Flagstone Hotel is really a
concern of mine or those, two hotels I guess proposed and an FTAA for which
there has been discussion.
Christina Cuervo, Assistant City Manager, the proposed development is listed in
your [agenda] packet. The proposed development as described has 605 hotel
rooms. That's what they are proposing in the proposed development program. I
think we have outlined all of our concerns and they are listed in the memorandum
which will be attached in the submittal. But I think Fred Beckmann has some
additional comments, our transportation consultant has reviewed it and his
comments are relevant.
Fred Beckmann, Public Works Director: Mr. Mayor and Commissioners, Fred
Beckmann, Director of Public Works: We had a preliminary analysis by a traffic
consultant that's looking at DRI, the key element is the extent of the traffic
analysis, it wasn't done extensive enough. The only thing that was actually
covered was MacArthur Causeway, 5th, and also Alton [Road] from 5th to 15th, the
DRI agreement initially was for them to look at all the roads east, west, south and
north from the impacted area so we believe, from the get go, that the analysis
was not extensive enough. A couple of other things, the traffic counts taken by
the consultant for the DRI was only 24 hour counts instead of the typical 72 hour
counts, especially on the Beach, having a 72 hour count is very important,
bottom line, as the traffic analysis.
Mayor Dermer: a 72 hour count, yeah, I think is a good idea, especially with the
clubs open at 5:00 a.m.
Fred Beckmann: Yes, Mr. Mayor. Bottom line as I looked at the different
corridor, the different links that the DRI traffic consultants looked at it, they were
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undercounted significantly from a range of 15 to 44 %, so we will have to
complete the study and that will be within the next few days and be ready to
presentation to the State.
Mayor Dermer: okay, we wish to send up objections when do we have till, to
finalize that?
Christina Cuervo, Assistant City Manager: May 14th is the date.
Commissioner Steinberg: before I move the item, I just want to say that the
development thus far on Watson, even though it's been relatively minimal has
already had significant impact on traffic and I know that the residents in Palm and
Hibiscus, in particular, have been very concerned with the number of vehicles
that need to make a U-turn there, and the back-up that was creating in the turn
lane, which was in turn causing them to be in the right-of-way, which was in turn
causing accidents, and FDOT since then, and the County had changed the
lighting, the amount of green arrow time, to eliminate some of that, try to get rid
of the queue and now they plan to extend the left turn lane, but that's just what's
been done thus far, in Watson Island is a relatively small percentage of what is
planned and those highlight the importance and the amount of impact that this is
going to have on our City, one of our main corridors, probably the busiest
entrance point for our City, in my guess, I don't know that actual count, but my
guess is busier that 1-95, it's probably the busiest entrance point in the City and
to have that, in the past the City hasn't looked at this, and I want to commend the
Administration because when the DRl's were done in the past, the City hasn't
taken the time to really analyze it and decide what the impact's were and make
our opinion heard and I think we should be remiss for not doing it in the past, but
fortunately, we are in the position today, that we have the ability to do the
analysis and provide the input to the State to make sure that the impacts are
taken care of and to make sure that they are not allowed to develop that without
control and without objection when it does severely impact the viability of our
City, so that being said, )'11 be happy to move the resolution.
Commissioner Bower: Second.
Mayor Dermer: Okay, the motion and second, let us hear, Frank wishes to
speak.
Jorge Gonzalez, City Manager: While they come up, Mr. Commissioner, you are
absolutely right, I appreciate the compliments, it's, a day like today, those are
very welcome, but, the staff have certainly done an excellent job in analyzing the
DRI proposal and it dovetails nicely with the conversation we had at our last
meeting about when we talk about concurrencies, not just what's happening
within the City, but what's happening around the City that has as much, if not
sometimes more, of an impact to the viability of our City and so we take this
seriously, because, you're right, it is an impact on our community, probably more
so, than on the City of Miami in large respects because of where it is located.
Mayor Dermer: Okay, Frank you got some comments.
Frank Del Vecchio, resident, questioned if the record of this meeting or the
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minutes of this meeting in the testimony going to be included? He stated, that
people could not be here because of the late hour. He further, stated that the
traffic impacts on Watson Island development has been a persistent theme of
neighborhood discussions in South Beach for several years. A group called
Tuesday Morning Breakfast Club, which meets every Tuesday this is a major
issue before the group. Members of the group have gone to the DRI hearings.
He and David Kelsey, President of the South Beach Hotel and Restaurant
Association, met with the City of Miami officials a year and half ago to review the
transportation planning and adequacies for the development. He served as chair
for the Citizens Advisory Committee on Bay Link Study, he read every draft
environmental impact statement in the possession of Parsons Brinkerhoff on
possible ways to alleviate congestion on State Road 836 including MacArthur
Causeway and those conclusions were that there will be a continuing significant
congestion on MacArthur Causeway because of regional demands, irrespective
of the amount of mitigation that could be taken on elsewhere on State Road 836.
He stated that he didn't have an opportunity to read the Consultant report of the
City of Miami Beach, but based on the work study he has done, he believes that
any additional development on Watson Island is going to result in excessive
traffic impacts. He stated that:
1. There should be an origin destination study in addition to simple traffic count
data, and traffic count data over a 24 hour period is totally inadequate given
the unique nature of traffic into Miami Beach.
2. Three (3) day traffic count should be done over typical periods, which include
the 11 major event periods identified in the City's studies on special events. It
should include weekend studies during different periods of the year.
3. Look at the collateral impacts on the Venetian Causeway at periods of high
congestion.
David Kelsey, resident, stated that he is in total agreement with Frank's comment
but that there are other issues that go unnoticed, such as,
1. The proposed Tunnel from Watson Island into the Harbor for Semi-trucks.
When the trucks come out of Watson Island leaving the Port he sees a major
problem integrating that into the existing congested traffic flow when talking
about thousands of container trucks coming and going.
2. The concerned with the Children's Museum on one side of the causeway and
the Parrot Jungle on the other, people taking their children to both attractions
with no way to cross the MacArthur Causeway on the Island. It's a major
problem and a growing problem with 125 thousand square feet of shops and
restaurants, 500 or 600 hotel rooms, the Air-Sea Museum portion, the office
buildings, the Mega Yacht Marina and all the supplying for that. If you look at
the two lane situation you have and entering Watson Island from the beach,
how do you get to the other side? People will be circulating around the
perimeter and when they hit the two lanes of traffic how will they get across
it? At some point you will have to go over or under it. Going over is difficult
because there is not enough land for proper approaches, means you will go
under, and then they will put in a tunnel in addition to going under for the
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circulation on the Island put a truck tunnel for the port. He stated that he
does not see how this can fit in and is happy that the City in taking an active
part. The Parrot Jungle estimates it will have one-million visitors a year.
That's just the Parrot Jungle.
Judith Berson-Levinson, resident and a member of the Urban Environmental
League, stated that this is public park land and they are taking it away from
public access to the waterway. She stated that they have skirted around an
issue where there is not supposed to be condo ownership and doing it as
timeshare.
Minnette Benson, resident, stated she's somewhat familiar with the DRI and
feels that the City Commission must be very firm in asking that it not ruin the
designated "D" level of service and that must be honored. In addition, feels
that the expansion of Watson Island will just wreck the City of Miami Beach.
Any traffic study that must be done have to be done in peak winter season as
well as in slow months like September.
She also agrees with Frank Del Vecchio's comment that the impact on
Venetian Causeway will be enormous, that is a historically designated road, it
is a two lane road and there are residences all up and down the single family
dwellings of the islands.
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