95-21657 RESORESOLUTION NO. e5-21657
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING
THE SUBMISSION TO THE STATE OF FLORIDA,
DEPARTMENT OF COMMUNITY AFFAIRS, FOR REVIEW
AND COMMENT, A PROPOSED ORDINANCE INCREASING
THE DEVELOPMENT OF REGIONAL IMPACT GUIDELINES
AND STANDARDS AS TO THE LOEWS HOTEL PROJECT
AND DESIGNATING THE CITY CENTERIHISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND
REVITALIZATION AREA AS A REGIONAL ACTIVITY
CENTER IN THE CITY.
WHEREAS, the City of Miami Beach has created a City Center/Historic Convention
Village Redevelopment and Revitalization Area ("Area") in the City; and
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
thresholds for certain Development of Regional Impact (DRI) guidelines and standards to
be increased by 150% in Urban Centre! Business Districts or Regional Activity Centers
with respect to resort or convention hotel developments; and
WHEREAS, in order to expedite the use of the increased DRI guidelines and
standards, Rule 28-24.014(10)(a), F.A.C. provides that a local government may submit to
the Department of Community Affairs ("DCA"), a proposed ordinance specifically
delineating the boundaries of an urban central business district or a regional activity center
encompassing a resort or convention hotel development; and
WHEREAS, in order to construct a convention center hotel known as the"Loews
Hotel Project" in the Area without the necessity of utilizing the DRI procedure, it is
recommended that the City submit to the DCA the attached proposed Ordinance
increasing the DRI guidelines and standards solely as to the "Loews Hotel Project" and
designating the Area as a Regional Activity Center for the DCA's determination as to
whether the proposed ordinance is consistent with the criteria of Rule 28-24A14, F.A.C..
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH that the attached
Ordinance increasing the DRI guidelines and standards solely as to the "Loews Hotel
Projed" and designating the City Center/Historic Convention Village Redevelopment and
Revitalization Area as a Regional Activity Center be submitted to the Department of
Community Affairs for review and comment as to whether the proposed Ordinance is
consistent with the criteria of Rule 28-24.014(10)(a) of the Florida Administration Code.
PASSED and ADOPTED this 26en day of July 11 , 1995.
MAYOR
ATTEST: /j jVj
FORM APPROVED
CL K . LEGAL DEPT.
By
Date
ciwPW#,Sa )RM*r NMRMS
F
ORDINANCE NO.
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
AGENDA
ITEM
DATE
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:
The City Center Historic/Convention Village Redevelopment and
Revitalization Area ("Area") depicted in the attached map (Exhibit "A") is hereby
designated as a Regional Activity Center pursuant to Section 380.06(2)(e) of the Florida
Statutes and Rule 28-24.014(10) of the Florida Administrative Code, and the applicable
2
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' 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.
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' 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.
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
91
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.
a. This Ordinance shall take effect upon its passage and adoption.
PASSED and ADOPTED this _ day of , 1995.
ATTEST:
CITY CLERK
o:WMnSOIAactK*. ra
MAYOR
PORN! APPRO'.'-)
LEGAL DEPT.
BY J� a
Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO.
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
JULY 26, 1995
FROM: Jew Garcia -Pedrosa
r f
City Manager
�11
SUBJECT:
SUBMISSIONVTO THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS - 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 SECTXON
380.06(2)(a) OF THE FLORIDA STATUTES, AND PROVIDING
FOR SEVERABILITY AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission submit the
attached ordinance to the Florida Department of Community Affairs
(DCA) for review and determination as to whether or not it meets
the requirements of Rule 28-24.014 of the Florida Administrative
Code. The proposed ordinance designates 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.
BACEGROUNb
The City Commission included a legislative amendment in its 1994
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.
PAGE 1 OF 4
AGENDA ITEM
DATE
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
DRI threshold only for the Loews Hotel Project including the
related parking garage and no other large developments.
The Planning Board will hear the item at their July 25, 1995
regular meeting. In order to expedite the use of the increased DRI
guidelines and standards, the submittal to the DCA is being set
before the Planning Board actually holds their public hearing.
However, the Administration has no reason to believe that the
Planning Board will not have rendered a recommendation by the 25th
of July.
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, 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
believed 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.
PAGE 2 OF 4
Staff believes that the City Center Historic Convention Village
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 UCBD 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 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 was 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
local government comprehensive plan, and is proximate and
accessible to interstate or major arterial roadways. The area
substantially meets this criteria.
PAGE 3 OF 4
Under this designation, the guidelines, standards, and thresholds
for a resort or convention hotel development within this Regional
Activity Center would be increased by 150% 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 to no other resort or
convention hotel development.
Because the ordinance is a preamble to amending the City's
Comprehensive Plan, this matter is being first presented to the
Planning Board for its recommendation.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission submit the attached ordinance to the Florida Department
of Community Affairs (DCA) for review and determination as to
whether or not the proposed ordinance which designates 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, meets the requirements of
Rule 28-24.014 of the Florida Administrative Code.
DJG\NKF\DISKNI0\122304S.95
PAGE 4 OF 4
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