R5F-Faena District Comprehensive Plan And District Overlay -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider Ordinance Amendments to the Comprehensive Plan and Land Development
establishinq the "Faena District Overlav".
lntended Outcome
AGEHDA ,r.* Rs F
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% ol residential respondents and 55% of
businesses rate the effort out forth bv the Citv to reoulate
The proposed Ordinances would amend the Comprehensive Plan and Land Development Regulations
to establish the "Faena District Overlay" which would allow for place of assembly, retail, and general
office as main permitted uses in limited circumstances within RM-2 zoned properties.
On October 22, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) transmitted the proposed Comprehensive Plan
Amendment to review agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for
December 17, 2014; and 3) approved the Overlay Ordinance Amendment at First Reading and set a
Second Reading Public Hearing for December 17,2014.
The Administration recommends that the Citv Commission
On August 26, 2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No.2202 &2197).
Board Recommendation:
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
Thomas Mooney
T:\AGENDA\2014\December\Faena District Overlay - 2nd Read SUM REV.docx
MIAMIBEACH DATE367
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members
FROM: Jimmy L. Morales, City Manager
DATE: December 17 ,2014
the City
SECOND READING - PUBLIC HEARING
Faena District - Overlay Ordinance Amendment
AN ORDINANCE OF THE MAYOR AND GITY GOMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING POLICY '1.2 OF THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO
THE PROCEDURES tN SEGTTON 163.3184(3), FLORTDA STATUTES, By
MODIFYTNG THE MEDTUM DENSITY MULTr FAMTLY RESTDENTTAL (RM-2)
AND THE HIGH DENSIry MULT! FAMTLY RESTDENTTAL (RM-3) FUTURE
LAND USE CATEGORIES TO ESTABLISH THE 'FAENA DISTRIGT
OVERLAY' IN ORDER TO ALLOW FOR PLAGE OF ASSEMBLY,
RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED
USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION lN THE
COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER; SEVERABILIW;
AND AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO
THE PROCEDURES tN SECTTON 163.3184(3), FLORTDA STATUTES, By
MODIFYING THE MEDIUM DENSTTY MULT! FAMTLY RESTDENTTAL (RM-2)
FUTURE LAND USE GATEGORY TO ESTABLISH THE 'FAENA DISTRICT
OVERLAY' IN ORDER TO ALLOW FOR PLACE OF ASSEMBLY,
RESTAURANT, RETAIL AND GENERAL OFFICE AS MAIN PERMITTED
USES WITHIN ITS BOUNDARIES; PROVIDING FOR INCLUSION lN THE
COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
ADMI NISTRATION REGOMMENDATION :
The Administration recommends that the City Commission adopt the Ordinances.
BACKGROUND
On June 11,2014, at the request of Commissioner Joy Malakoff, the City Commission
referred this request to the Land Use and Development Committee (ltem C4G).
Additionally, the matter was referred to the Planning Board. Notwithstanding the referral
368
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay Distict
December 17, 2014 Page 2 of 6
action by the City Commission, the proposer also filed a private application to the
Planning Board.
On July 9,2014 the Land Use and Development Committee recommended approval of
the proposed overlay district.
THE PROPOSAL
The owner and developer of the new FAENA Hotel project on Collins Avenue between
32nd and 35th Streets, has acquired a number of adjacent parcels, with frontage along
both sides of Collins Avenue and a smaller more limited frontage on lndian Creek Drive.
The parcels west of Collins Avenue are located in the more restrictive RM-2 zoning
district, which has limitations on non-residential uses. Specifically, in the RM-2 district,
non-residential uses such as restaurants, retail and assembly spaces are only permitted
as an accessory use to a main permitted hotel use.
A proposal for an overlay district, limited to the developer's properties, has been put
forth, in order to modify some of the restrictions governing permitted uses in the RM-2
district. Attached is a copy of the proposed overlay Ordinance as modified based on
feedback from the First Reading of the Ordinance. The following is a summary of the
proposed Faena District Overlay:
. Allow for ballroom and assembly space (west of Collins and south of 34th Street)
as a main permitted use, within the portion of the overlay district with an
underlying zoning designation of RM-2. Typical uses would include art exhibits,
conferences and other similar activities.
o Allow commercial uses to be a main permitted use within existing contributing
and replicated contributing structures on the west side of Collins Avenue up to an
aggregate square footage of 1,750 square feet. Any additional square footage
would require conditional use approval.
ANALYSIS
The Ordinance proposed by the developer has been modified from the version originally
presented to the Land Use Committee, in response to concerns expressed by
neighboring property owners and staff. ln this regard, Planning staff had expressed
some concerns regarding the proposal to allow ballroom and assembly space exceeding
N.l.E. thresholds as a main permitted use in an RM-2 district. Particularly because the
site within the district where the larger assembly use is proposed (the block bounded by
33'd and 34th Streets and Collins Avenue and lndian Creek Drive) is not completely
internal to the district, with residential condominiums abutting the proposed assembly
uses both to the north and south, the Planning Board recommend that such use only be
permitted as a Conditional Use, as it is by definition a Neighborhood lmpact
Establishment, as defined in Section 142-1361 of the City Code:
Neighborhood impact establishment means:
(1) An alcoholic beverage establishment or restaurant, not also operating as
an entertainment establishment or dance hall (as defined in section 114-
1), with an occupant content of 300 or more persons as determined by
369
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
December 17, 2014 Page 3 of 6
the chief fire marshal; or(2) An alcoholic beverage establishment or restaurant, which is also
operating as an enteftainment establishment or dance hall (as defined in
section 114-1), with an occupant content of 200 or more persons as
determined by the chief fire marshal.
Based upon plans previously submitted, the size of the proposed ballrooms and meeting
rooms is approximately 10,000 SF, with a total F.A.R. of over 43,000 SF, and a parking
requirement of 161 spaces. Currently, as per Section 142-902 of the City Code,
Neighborhood lmpact Establishments are not permitted as accessory uses in the RM-2
zoning district. The Planning Board recommended that this use be allowed as a
Conditional Use, but not as a main permitted use.
Regarding the proposal to allow commercial uses as main permitted use in contributing
structures on the west side of Collins Avenue, the Planning Board recommended that
these uses be limited to retail, office and smaller restaurant uses only.
GOMPREHENSIVE PLAN REQUIREMENTS
This proposal requires a text amendment to Policy 1.2 of the Future Land Use element
of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment shall follow
the expedited state review process for adoption of comprehensive plan amendments.
This process requires a public hearing by the local planning agency (Planning Board), a
public transmittal hearing before the City Commission, after which the amendment must
be transmitted to several state agencies for a 30-day review period, and a final adoption
public hearing before the City Commission. The amendment is effective 31 days after it
is adopted if there are no appeals.
Since transmitting the proposed Comprehensive Plan amendment, the City has received
responses from multiple review agencies, which are attached. ln response to the
comments, the Comprehensive Plan amendment was modified to remove any changes
to the RM-3 future land use category, and to include the Faena District Overlay in the
Future Land Use Map of the Comprehensive Plan. ln addition, additional traffic analysis
was provided to the Department of Transportation.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the attached
proposals to the City Commission with a favorable recommendation
FISCAL !MPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City, and
should increase the property's value, as new development is added to the City's tax
rolls.
370
Commission Memorandum
Faena Comprehensive Plan Amendment and Qverlay Distict
December 17, 2014 Pase 4 of 6
UPDATE
On Octobet 22, 2014, the subject Ordinances were approved at First Reading, and the
corresponding Comprehensive Plan Amendment was transmitted to the State for review.
Subsequent to the transmittal of the subject Ordinance by the Planning Board, it was
determined that one of the existing structures within the proposed overlay, on the west of
Collins Avenue, had fallen into such an advanced state of structural deterioration, that a
replication of a substantial portion of the building was warranted. The Historic
Preservation Board has discussed this proposal, and indicated that approval of an
application for the demolition and replication of the Atlantic Beach structure would be
received favorably. ln light of this circumstance, a small modification to Section 142-873
of the proposed overlay Ordinance will be required, in order to allow for limited
commercial uses with i n existi ng or' replicated' contributing structures.
Based on the direction of the City Commission at First Reading of the Overlay
Ordinance, regulations to minimize the impact of the place of assembly on surrounding
properties have been incorporated into the Ordinance. These regulations include the
following:
o Prohibition of outdoor live or amplified music.. Prohibition of outdoor speakers, except for life safety or building code purposes.
. Requirement to contain internal sound and provide a sound study within 90 days
of opening.. Requirement for vestibules consisting of two sets of doors at every entry.o Limitations on hours of operations.. Requirements for security personnel.
o Limitations on queuing outside of the place of assembly.. Requirement for an operational plan.
. Prohibition on handbills.o Limitation that deliveries only occur on weekdays within daytime hours.. Limitation on hours for trash pickups.
. Requirement that the property and adjacent sidewalks be maintained
appropriately.. Requirement for the valet contract to be provided to the City.. Requirement that if more than six valid code citations are placed on the property
within a consecutive 12 month period that the place of assembly be required to
go through a conditional use process.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinances.
JLM/JMJ/TRM/MAB/RAM
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371
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay Distict
December 17, 2014 Page 5 o'f 6
Aerial
Faena Overlay District
125 250 Location:
Generally Collins Avenue
between 32nd and 36th Street
372
Commission Memorandum
Faena Comprehensive Plan Amendment and Overlay District
December 17, 2014 Page 6 of 6
Future Land Use
Faena Overlay District
500 Feet Location:
Generally Collins Avenue
between 32nd and 36th Street
373
COMPREHENSIVE PLAN - FAENA DISTRIGT OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE
FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN
PURSUANT TO THE PROCEDURES lN SECTION 163.3184(3),
FLORIDA STATUTES, BY MODIFYING THE MEDIUM DENSITY MULTI
FAMILY RESIDENTIAL (RM.2) FUTURE LAND USE CATEGORY TO
ESTABLISH THE 'FAENA DISTRICT OVERLAY' !N ORDER TO
ALLOW FOR PLACE OF ASSEMBLY, RESTAURANT, RETAIL AND
GENERAL OFFICE AS MAIN PERMITTED USES WITHIN ITS
BOUNDARIES; PROVIDING FOR INCLUSION lN THE
COMPREHENSIVE PLAN, TRANSMITTAL; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development and the preservation and restoration of structures located within the Collins
Avenue corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay district for the
large collection of contiguous properties owned and operated by the Faena Group that
are located in the RM-2 future land use category along Collins Avenue between 32nd
Street and 36th Street; and
WHEREAS, establishing the 'Faena District Overlay' in the RM-2 Future Land
Use category is necessary to ensure the development of that property will be compatible
with development in adjacent and surrounding areas, and will contribute to the public
health, safety and welfare of the City; and
WHEREAS, the City of Miami Beach has determined that establishing the Faena
District Overlay as provided herein will ensure that new development is compatible and
in scale with the built environment, and is in the best interest of the City;
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Medium Density Multi Family Residential
Category (RM-2) in Policy 1.2 of the City's Comprehensive Plan Future Land Use
Element is hereby adopted:
Medium Density Multi Family Residential Category (RM-2)
Purpose: To provide development opportunities for and to enhance the desirability and
quality of existing and/or new medium density multi family residential areas.
374
Uses which may be permitted: Single family detached dwellings, single family attached
dwellings, townhouse dwellings, multiple family dwellings, apartment hotels and hotels.
Residential office uses are permitted in RM-2 only in the West Avenue Bay Front
Overlay District, as described in the Land Development Regulations. Places of
assemblv, restaurant. retail and oeneral office uses are main permitted uses in the
Faena District Overlav. as set forth in the Land Development Reoulations.
SECTION 2.
The Faena District Overlay shall be designated on the City's Future Land Use
Map for the properties identified in the attached map, as Exhibit A, incorporated by
reference herein.
SECTION 3. REPEALER
All Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4.SEVERAB!L!TY
lf any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained 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. The Exhibits to this Ordinance
shall not be codified, but shall be kept on file with this Ordinance in the City Clerk's
Otfice.
SECTION 6. TRANSMITTAL
The Planning Director is hereby directed to transmit this ordinance to the
appropriate state, regional and county agencies as required by applicable law.
SECTION 7.EFFECTIVE DATE
375
This ordinance shall take effect
1 63.31 84(3) Florida Statutes.
PASSED and ADOPTED this
31 days after adoption pursuant to Section
2014.
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
day of
ATTEST:
CITY CLERK
First Reading/Transmittal: October 22,014
Second Reading/Adoption :7,2014
Planning Director
Underline = new language
S+ri+<e+nreugh = deleted language
T:\AGENDA\2014\December\Faena District Overlay Comp Plan - ORD 2nd Read.docx
376
FAENA DISTRICT OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR!DA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS"
ARTICLE lII ''OVERLAY DISTRICTS'" CREATING DIVISION 9 "FAENA
DISTRICT OVERLAY'" TO EXPAND THE ALLOWABLE USES IN THE FAENA
DISTRICT OVERLAY TO INCLUDE PLACE OF ASSEMBLY, RETAIL AND
GENERAL OFFICE AS A MAIN PERMITTED USE IN LIMITED
CIRCUMSTANCES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City desires to encourage private property owners to redevelop and
manage properties under common ownership comprehensively rather than piecemeal; and
WHEREAS, the common ownership, management and operation of the various
properties and uses will allow the various uses to harmoniously co-exist and be managed in a
cohesive manner; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development and the preservation and restoration of structures located within the Collins
Avenue corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
large collection of contiguous properties owned and operated by the Faena Group that are
located in the RM-2 and RM-3 districts along Collins Avenue in-between 32nd Street and 36th
Street; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND GITY GOMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION 1. That Chapter 142, Article lll entitled "Overlay Districts", Division 9 "Faena District
Overlay" is hereby created as follows:
DIVISION 9. FAENA DISTRICT OVERLAY
Sec. 142-871. Location and purpose.
The overlav requlations of this division shall applv to the properties identified in the Overlav Map
below:
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377
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L0cation:
a) Lying East oI CollinsAvenue
between 3?nd Street and 35th Street
(u cluding the prspety presently zoned G U).
b) Lying West of Collins AvenuE between
33rd Street and 3Sth Street (excluding
Lots 1 4-1 7, Block 22 olthe O cean Front
Pr0perty 0f the M iami B eac h lmprorr ement
Co. Suhdivision).
c) Lying at the NoIhwest corner of Collins
Avenue and 35th Street (Lots 10, 11 and 1 5,
Block 24 of the 0cean Front Propefi of the
Miami Beach lmprovement C0. Subdivision).
378
The purpose of this overlav district is to allow limited flexibilitv of uses and limited increases in
heiohts because of the common ownership and operation of the properties within the overlav
district.
Sec. 1 42-872. Definitions.
For this Division. the followino definitions shall applv:
1. "Place of assemblv" shall mean an establishment that mav have fixed seating, that is not
used for retail sales and service, restaurant, office or hotel, and mav include a "hall for
hire" use whether for a private event or a public event.
"Hall for hire" shall mean an establishment which rents space and mav provide tables,
chairs. caterino. d6cor. or sound svstems in order to hold or host a private event.
2. A place of assemblv mav provide dancing and serve alcoholic beveraqes and food
associated with an event. but shall not operate or be licensed as a "stand alone"
alcoholic beveraoe establishment, entertainment establishment, bar, dance hall, or
restaurant. A sinqle entitv mav not lease the place of assemblv for more than 20 davs,
per calendar vear.
Sec. 142-873. Compliance with requlations.
The followinq overlav requlations shall applv to the Faena District Overlav. All development
requlations in the underlvinq reoulations shall applv, except as follows:
(q) One (1) place of assemblv mav be permitted as a main permitted use. within the areas
that have an underlvinq zoninq desiqnation of RM-2. in accordance with the followinq
minimum requirements:
L There shall be no outdoor live or outdoor amplified music.ii. Except as mav be required for fire or Florida Buildino Code/Life Safetv Code
purposes, no speakers of anv kind, shall be atfixed to, installed, or othenruise
located on the exterior of the place of assemblv.iii. The interior sound svstem shall be installed in such a manner as to contain
sound levels completelv within the facilitv at all times. The equipment and
installation plan for the sound svstem, includinq the location of all speakers and
sound level controls shall be submitted for the review and aporoval bv the
Planninq Department pursuant to the conditional use review quidelines of section
118-192. Ninetv davs after openinq, the sound svstem(s) in the facilitv shall be
tested bv a qualified acoustic professional. and a report shall be submitted to the
Planninq Department for review.iv. A vestibule. consistino of at least two sets of doors, shall be installed at everv
exterior access point into the place of assemblv.v. Normal operatino hours are from 9:00 AM to 12:00 AM, Sundavs throuoh
Wednesdavs: and 9:00 AM to 2:00 AM, Thursdavs throuqh Saturdavs. unless
othenilise approved bv the Planninq Board, in accordance with Chapter 118.
Article lV of the Citv Code. After normal operating hours the assemblv hall shall
remain closed and no patrons or other persons, other than those emploved bv
the establishment, shall remain therein.vi. The place of assemblv shall have securitv staff posted outside of the place of
assemblv buildinq. on the private propertv, at least one hour prior to the endinq
time of anv event for the purposes of crowd control.
379
vil.No patrons shall be allowed to queue on anv public rights-of-wav, or anvwhere
on the exterior premises of a propertv with the exception of exterior premises
frontino Collins Avenue. Securitv staff shall monitor the crowds to ensure that
thev do not interfere with the free-flow of pedestrians on the public sidewalk.
Securitv staff shall monitor patron clrculation and occupancv levels durino the
hours of operation.
Prior to the issuance of a certificate of occupancv, the applicant shall submit an
operational plan and narrative for the place of assemblv, subiect to the review
and approval of the Planninq Department pursuant to the conditional use review
quidelines of section 118-192. Such plan shall include. but not be limited to: full
details of the operation. deliveries, sanitation, securitv and crowd control.
Street flvers and handbills shall not be permitted, includino but not llmited to from
third-partv promotions.
Deliveries shall onlv be permitted between 7:00 AM and 5.00 PM on weekdavs.
unless otheruvise aporoved bv the Planninq Board. in accordance with Chapter
118, Article lV of the Citv Code.
Trash pick-up shall onlv be permitted between 7:00 AM and 5:00 PM on
weekdavs and 9:00 AM and 5:00 PM on weekends. unless othenruise approved
bv the Planninq Board. in accordance with Chapter 118. Article lV of the Citv
Code. Trash pick-up shall take place on a dailv basis while the place of
assemblv is in operation. All trash containers shall utilize rubber wheels, as well
as a path consistino of a surface finish that reduces noise, and all trash
dumpsters shall be closed at all times except when in use.
The owner/operator shall be responsible for maintaininq the areas adiacent to the
facilitv. includinq but not limited to the sidewalk. These areas shall be kept free of
trash, debris and odor. and shall be swept and hosed down at the end of each
business dav.
A contract with a valet operator shall be submitted to the Parkino Department for
review and approval prior to a final Certificate of Occupancv or Business Tax
Receipt, whichever occurs first.
lf the Place of Assemblv or the service provider operatinq therein has more than
six validlv documented code enforcement citations of the Citv's Code of
Ordinances within a 12 month consecutive period, or fails to complv with the
requirements of this section. the use shall thereinafter fall under the purview of
the Plannino Board and mav be reviewed, modified, or terminated after Planninq
Board review. in accordance with Chapter 1 18. Article lV of the Cltv Code. A
citation that is dismissed, withdrawn or on appeal to or bv the Special Master
shall not be considered valid.
(b) Within the areas that have an underlvino zoninq desionation of RM-2, the main permitted
use within an existinq "Contributinq" structure or replication of a 'Contributinq' structure
are:
L Retail.
!! Office.iii. Restaurants with an aqqregate interior square footaoe not to exceed 1,750
square footaqe.
(g) Within the areas that have an underlvinq zonino desionation of RM-2, restaurants
exceedinq an aqqreqate interior square footaqe of 1,750 square feet, and located within
an existinq "Contributino" structure or replication of a 'Contributinq' structure. shall
x.
xi.
380
require conditional use approval, in accordance wlth Chapter 118, Article lV of the Citv
Code.
(gD Within the areas that have an underlvinq zoninq desionation of RM-2, offices are a
permitted accessory use to a place of assemblv and a parkinq garaoe. whether a main
use parkino qaraqe (commercial or non-commercial) or an accessory parkino qaraoe.
(g) Within the areas that have an underlvinq zoninq desionation of RM-2, there shall not be
anv ooen air entertainment establishments or outdoor entertainment establishments.
SECTION 2. CODIFIGATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
,- & FOR EXECUTION ,')- L ,L- t'l+
CITY CLERK
Date
381
First Reading: October 22,2014
Second Reading: D.ecember 17,20]ff
Veriried on, t, , lL (L1.>'
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+it<e+nreug+denotes rem oved la n g u age
T:\AGENDA\2014\DecembeAFaena District - 2nd Reading ORD.docx
382
Jeese Panuccio
EXECUTIVI DIRECTOR
November 26,2O!4
The Honorable Philip Levlne, Mayor
City of Miami Beach
1700 Conventlon Center Drive
Mlami Beach, Florida 33139
Dear Mayor Levine:
The Department of Economic Opportunity has completed its review of the proposed
comprehenslve plan amendments forthe City of Mlami Beach (Amendment No. 14-1ESR), which
were received on Octob er 27 , 2Ot4. We have reviewed the proposed amendments pursuant to
Sections 153.3184(2| and (3), Florida Statutes (F.S.), and identiffed no comment related to
important state resources and faclllties wlthln the Department's authorlzed scope of review that
will be adversely impacted by the amendments if adopted.
We are, however, providing a technical assistance comment consistent wfth Section
163.3168(3), F,S. The Agency's technica! assistance comment willnot form the basis of a
challenge but is offered to strengthen the County's comprehensive land use plan or ensure
compliance wlth the provisions of the Cornmunity Planning Act.
The technical assistance comment pertains to the proposed amendment's reference to
the Foena Overloy District, whlch is illustrated on the City's offlclal zoning map but is not shown
on the future land use map in the City's comprehenslve plan. lf adopted, this amendment
would modifo the range of uses allowed for this overlay area. To strengthen the linkage
between the uses allowed within the geographlc area of applicability and to lmprove facllitation
of the intent of this amendment, the City could designate the Foeno Overloy Dlstrtct on the
future land use map in the adopted amendment.
The Oty is reminded that pursuant to Section 163.3184{3}(b}, F.S., other reviewing
agencies have the authority to provlde comrnents dlrectly to the Clty. lf other revlewlng agencies
provide @mments, we recommend the City consider appropriate changes to the amendment(s)
based on those comments. lf unresolved, such comments could form the basis for a challenge to
the amendment(s) after adoptlon.
The City should act by chooslng to adopt, adopt wlth changes, or not adopt the proposed
amendments. Also, please note that Sectlon 163.3184(31(c)1, F.S., provldes that if the second
public hearing is not held and the amendments adopted within 180 days of your receipt of agency
commentt the amendments shall be deemed withdrawn unless extended by agreement with
notice to the state land planning agency and any affected party that provided comment on the
Frorida ncprrtmcut of P.cononr,.rf.fil:#,
, !;,;Y;l1ff,rTfr[ ]I.fJifil"n Strcer I T'alrhassec, ttL t23ee
rvww.florideiobs.org I wrnv.twirtcr.com/t*l.l)F'.O lww.feccbook.com/FI.DEO
Rick Scott
GOV€RNOR DEry
FI.CIRIDA OEFNFTMENT/
ECONOMIC OPPOiTN.ITY
383
Miarni Eeach 14-1ESR Comprehensive Plan Amendment
November 26,2A!4
Page2 of 2
appllcable amendment. For your asslstance, we have enclosed the procedures for adoption and
transmittal of the comprehenslve plan amendment.
We appreclate the opportunity to work with the City of Mlaml Beach on plannlng and
community development issues. lf you have any questions concernlng thls review, please contact
Adam Antony Biblo, at (8501717-8503, or by emall atAdom.Eiblo@deo.mvFtortdo.com .
Sincerely,W
Ana Rlchmond, Chief
Bureau of Community Planning
AR/aab
Enclosure: Procedures for adoptlon of comprehenslve plan amendmehts
cc: Thomas Mooney, AICP, Director, City of Miaml Beach planning Department
James F. Murley, Executive Olrector, South Florlda Regional Plannlng Council
384
SUBMTTTAL OF ADOPTED COI}iPREI{DNSIVE PLAN AMENDMENTS
FOR EXPEDITED STATE REVIEW
Sootion I 63.3 1E4(3), Florida Statutes
Please submit threocomplete copies of
all comprehcnsive plan materials, of which one camplete psper copy and two completc
electrcnio copies on CD ROM in Portable Document Format eDf) to the State Iand
Pluning Agency and one copy to cach entity below that pmvided timely comm€nb to
the local government: thc appropriate Rcgional Planning Council; Water Management
District; Departnent of Transporhiion; Department of Envircnmental Protection;
&partnent of Statc; the qpropriato county (municipal amendmcmts onty); thoFlorida
Fish and Wildlife Conservation Commission and the Deparuncnt of Agriculturc and
Consumcr Serviccs (cormty plan anrendments only); and the Depafincnt of Ettucation
(amendments relating to public schools); and for c€rtain tocol governments, dre
appropriate miliAry lnstallation and any other local govemmentor governmentat agency
that has filed a writtcn rcquc$t.
SUBII4ITT,IL LETTER: Please include the following information in thc cover lotter
transmitting the adopted amendment:
State L^ond Planning Agency idcntifcation number for adoptcd amendnent
package;
Summary descripion of the adoption packagg including aoy amc,ndmcnts
proposed but not adopted;
Identiff if concurrency has bcen rescinded and indicato for whictr pubtic facilities.
$ransportation, school$, rccrcation ond opcn space).
Ordinance number and adoption date;
----: Ccrtificstion that the adoptcd anen&ren(s) has b€en submittcd to all parties that
providcd timely commcns to the local govcrnmemt;
Natrre, tiilq address, telephonq FAX number and e-mail addrcss of local
govcrnment contact;
-
I*tter signed by thc chief elccrcd offficial or tho person designatcd by thc locat
govenuncnt.
Bfiectve; Iune 2,2017 Pa& 1
385
ADOPTISN AMENI).MENT BACKAGEi Plcase include the following information in
thc amendment package:
In the case of text amendments, changcs should bc shown in strikc-
thnrugh/underline fonnat.
In the case of futuro land use map mrcndments, an adopted future land use map,
in coior formrf clearly depicting the parcel, its future Imd use designation, and its
adoptod dcsignation.
A copyof anydata and analyses the local govcrnnentdecms appropriate.
Note: lf the local govenrment is relying on prwiously submined dota and aoalysis, no
additional data and analysis is required;
Copy of the cxecuted ordinance adopting lhc comprehensive plan amendmen(s);
Suggestcd cffective date langlage for the adoption ondinancc for cxpeditcd revicw:
The efkive date of this plan amemdmeng if thc amcndment is not timely
challemged, shall bc 3l days atter tbe stale laild planning agqgl nolticg 9-" t*4
governie,nt that rhe plan amendment package is complcrc. If timely challenge4
this amendmcnt shall become effoctive on the date lhe stato lsDd planning ag€ncy
or the Administration Commissim entcrs a final order determining this adopted
amendment to bc in cornpliarrce. No dwelopment orders, devclopment pennits,
or land uses dcpcrdqrt on this mendure,nt may be issued or oofirmence before it
has bccome "ffe"tir". tf a final ordcr of noncompliarrce is issued by the
Adminisration Co6nrission, this amendment may nwertheless be made elfoctive
by adoption of a resolution affinning its cffefiive stahls, a copy of which
resolution shall be seNrt to the state lurd planning sg€ncy.
List of additional changes made in thc adopted aure,ndment drat the Stste Land
Fi6lng Agency did not previously rwiew;
List of findings of the local govcming body, if ann $at wgre not irrcluded in thc
offi-"" and whiciprovidod the basis of the adoption or daermination not to adopt the
proposed amendment;
Statcmcnt lndicating lhe relationship of the additional changcs not prwiously
["i"rrea by the State t ani Planning Agcncy in rcsponse to the conrment letter from the
State land Planning AgencY.
''?
',i::
,i1i
.!11 .'itf'.
."r1}
::$t
Bficcdrrslune 2,20ll Page 2
386
Sourn Fronlpe WerEn MaNacEMENT Dlsrnrcr
October 31,2014
Mr, Thomas Mooney, Director
City of Miami Bsach Plannlng D€partment
Planning & Zoning Department
1700 Convention Center Drive
MiamiBeach, FL 33139
Subfect: Clty ol tleml Beach, DEO # 14-lESR
Commente on Propoeed Comprehenslve Plan Amendment Package
Dear Mr. Mooney:
The South Florida Water Management District (Dlstrlct) hc completed its revlew of the
proposed amendment package from the Crty of Mlami Beach (City). The propoeed amendment
would establish the Faena District Overlay. The Distric{ offers lhe folloMng technical guidance
regarding Rcgional Water $upply Planning;
r The City is required to revise its Water Supply Facllltlee Work Plan (Work Plan) within 18
months afier adoption of the Loupr East Coaat (LEC) Water Supply Plan Update by the
District Governing Board. The District's Governing Board adoptsd the LEC Water Supply
Plan Update on September 12,2013. Therefore, the Clt/s Work Plan must be adopted
by March 2015. ThE City will need to include updated water demand projections for the
identified planning period" The Work Plan must also identlfy any water supp.ly pQects
needed to meet projeAed water demands. Further infomation on updating Work Plans
is available at: www.sfirmd.oov/work olan suooort.
The District offers its technical assistance to the City and the Department of Economic
Opportunity in developing sornd, sustainable solutions to mect the City's future water sup$
neede and to protect the reglon's water reeources. Pleare forward a copy of adopted
amendmenls to the District. For assistance or additional inbrmation, please contact Terry
Manning, Planning and Policy Analyst, at (561) 682-4779 or tmanning@sfirmd.gov.
Sincerelv.
c, CI*
Dean Pouoll
Water Supply Bureau Chief
DPltm
c: RayEubanks, DEO
Terry Manning, SFWMD
Jim Murley, SFRPC
James Stansbury. DEO
Mark Wocmer, Mlaml-Dade County
Maria Valdea, Miami-Dade County
3I)1 Gun Club Rood, West Pdm Beoclt Florida 33{)6 . F6f) ffin . FL WATS l-&X} 432-?Xs
Mriling Address: P.O. Box 2{6ff1. Wert Frlm Beach. Fl,3o{16,16ilt . www.sfwnd.gov
387
South
Florida
Regional
Planning
Council
.ffi',,
MEMORANDUM
AGENDA ITEM # III.D
DATE:
TO:
FROM:
SUB]ECT:
NOVEMBER 3,20"14
COUNCIL MEMBERS
STAFF
LOCAL GOVERNMENI' COM I'REHENSIVE PLAN PROITOSED AN D ADOPTED
AMENDMENT CONSENT AGI.:NDA
Pursuant to Section 163.31U, Florida Stahrtes, Council review of amendments to local government
comprehensive plans is limited to 1) adverse effccts on rcgional resources and facilities identified in the
Strategic Regional Poliql Plnn for South Florida (SRPP) and 2) extrajurisdictional impacts that would be
inconsistent with the comprehensive plan of any affected local government within the Region.
A written report containing an evaluation of these impacts, pursuant to Section 153.3184, F'lorida Statutes,
is to be provided to the local government and the State Land Planning Agency within 30 calendar clays of
receipt of the anrendment.
Council staff has not identified adverse effects to regional resources and facilities or extrajurisdictional
irnpacts that would result from the following map and text amendments:
Local Governmenl
and Pllrn
Amend,ment
Nunrber
Broward County
14-7ltsR (received
Propoo*d,
Councll Rwlerr
baeuid
Conslstency
Flndlng
Local
Govunmenl
Tr.arumlttolor
Adoptlon
Pubtlc
Hearing and
Propoeed
N/A
Meetl
'n/u3/2074 w/23/2014 Unaninrousq2|2e:14)lltll
Amendment to the Broward County [,and Use Plan for the City of Miranrar and Pembroke Pines
changes lrom 477.0 acres of irregular (4.62) residcntial within a "dashed-line area" and 8.0 acres of
commercial within a "dashecl-line area" to irregular (4.95) residential in the City of Miranrar.'l'his
also c [rglrs{is-s Pq.Ils *94!lu:b residential in the Cit'v of Pembroke Pines.
supply rreeds and facilities for a l0 ycar planning pcriod for the urrincorporated area and the
incorporated areas served by Broward County utilities including portions of Deerfield Beach,
Beach, Lauderdale Lakes, Dania Beach, Penrbroke Pines, West Park and Penrbroke Pork.
3440 Hc'lllrwood Boulevard. Suite 140, Hollyrood, FloritJa 33O2'l
Broward (954) 985-4416, Slate (80O) 985-4416
Fax (954) 985-4417, e-mail: gladmin@efmc.com, Websile: lU,vLSfpS_c!![
Govcrolng
Body
Adoptlon
Vo{e
388
Mi.r,tD^lellll
Countyr4ir.sR lru/n I .t ltrlwlzot+lto/os/20t4 | rsps@-l I I -l --Amendnrents #3 and #4 were proposed by County to allow change from lnstitutional uses to
Business and Office (#3) to allow for a future R.F.P. and to designate expanded park areas (#4).
'fwo text amendments allow for expanded wineries (#5) in agricultural areas and correct scribner's
#6
Monroe County I
14-2 AcbL- I V
(received 1}-27-l4l I
This proposed amendment creates Policy 202.8,6 of the Monroe County Year 2010 Comprehensive
Plan allowing the implementation of canal restoration projects to improve the water quality in
artificial canals.
City of Aventura I I
14-1tiR (received I U/n I V10-27-14) I I
nln/2014 10/07/2014 | TBP
The City responded to FDEO obiections by clefining Coastal Fligh Hazard areas and applicable
maps and specifying the Plan's 2025 planning horiz,on. The City also made changes to Wetland
references in reqards to comments from Miami-Dade Countv.
City of Coral I
Springs 14-1ER I V
(receivetl 10-061,1) I
N/A n /n/za14
t.
o8/2s/20't4
|
rnn
This amendment to the approved Comprehensive Plan includes the Evaluation and Appraisal
Ileport based amendments and general updates to the Future Land Use, ll'ransportation,
Conservation, Housing; Intergovernmental Coordination, Public School Facilities, Solid Waste antl
Sanitary Water Elemenb and revisions to the Comp Plan Map Series to maintain consistency with
City, Rcgional and State Rcqulations.
City of Doral I I
I4-4FSR (received I ./ I ru/A10-06-14) I I | "r*r''n I w/'t,/zot. I ';;
This large scale future land use amendment to the City's Comprehensive Developrnent Master
Plan (CDMP), Iruture Land Use Map fronr Moderate Density Residential and l.ow Density
Residential to I'ublic Parks and Ilecreation so that these park sites can have the correct land use
and zonirrs tlesisnations.
Islamoracla, Village I I I -- --_: 1- - -
;ll;fl-$ I *,n I v lrv*rrornlrc/0s/2m4 lunoni,'o,,
Eqsgi-"s._r1o-1&14) I I L I I'l'his antendnrent anretrds policy 9-1.3.1 "update and adopt a five year schedule of Capital
Improvcmcnts Annually" of the Conrprehensive Plan by updating the Capital Improvement
Lakesl4-lESR I *Un | ./ | nlqzou I w/w/2o14 I ,,
(receivetl0e_-B-14). I I I _ | ___L_'this Amenctnent amends the City's liuture land Use Plan to change the land use of
approximately 24.2 acres of Iand from Comnrercial to Medium Mtrlti-Family Residential (up to 25
du/ac) to allow a maxitnunr of 605 dwe'lling units to be developsd sn +/ -24.2 acres of land known
as the Headway_ Officc I'ark.
389
This amendment establishes the Faena District Overla, *ithin the "Mediu- Densiry Mnttif,imity
Residential (RM-2)" and "High Density Multifamily Residential (RM-3)" future land use
ir p prox inratcly 6.39 acres.
aity or Ptiami I- - I- - - - f
Beach 14-1ESR | ./ I ru/e I n/wlzorq | fi/22/2014 I rar
(resgyeg1G27.14L l. I L_ | I __ _
The
City of Pembroke I
Pines 14€ESR I nZn
(rr.ccivctl 70-77-741 |
./17/B/201,4 0e/23/2074 Unanimous
Amendment adopting the proposed map amendment for the Pembroke takes South/Hoyer
Homes at Raintree from Irregular Residential 5.2 dwelling unib per acre ho Irregular Residential
5.52 dwelling units per acre for the purpose of developing an additional20T dwelling unib limited
to townhomes and sincle fanrilv units.
City of Plantation I I
14-2ESR (received I *lo | ./
10-2cr.l) I I
tt/B/2u4
I
w/ro/2073 I rrp
I
This amendment changes future land use designadon for approximaely 74.3 +/- acres of property
from "Office Park" to "Office Park and Residential all within a Dashed Line area with an overall
tlensity of 20.1 dwcllins, units Der acre."
City of Plantation I I
14-3ESR (received I ru/e I ./
1G2G14) I I
t1/B/2014 12/U3/2073 I TBP
This Amendment amend the City of Plantation Comprehensive PIan revising the Future tand Use
Element and the Future tnnd Use Map regarding permitted uses in the residential land use
designation allocating a neserve unit pool equaling 2 percent of total units allocated in BrowardcggYl@t1q'rEeqi_",
TBP: To Be Provided
Recommendation
Find the proposed and adopted plan amendments from the local governments listed in the table above
generally consistent with the Stntcgic Regional Policy Plon lor South Floriila.
Approve this report for transmittal to the local governments with a copy to the State I-and Planning
Agency.
390
FLORIDA DEPARTMENT OF
EDUCATION
State Soard of Educatlon fldoc.oqg Pam Stewart
Commlssioner of €dwatlon
Gary Chartrand, Choir
John R. Padget, Vice Choir
Membets
Ada G. Armas, M.D.
John A. Colon
Marva Johnson
Rebecca Fishman Lipsey
Andy Tuck
November 5.2014
Mr. Thomas Mooney, AICP, Director
City of Miami Beach Planning Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Via Email: thomasmooney@miamibeachfl .gov
Re:Miami Beach l4-l ESR
Dear Mr. Mooney:
"fhank you for the opportunity to revicw the City of Miami Beach's proposed l4-l ESR
amendment package, which the F'lorida Department of Education received on October 27,2014.
According to the department's responsibilities under section 163.31S4(3), Florida Statutes, I
reviewed the amendment considering the provisions of chapter 163, Part II, F.S., and to
determine whether the proposal, if adopted, would have the potential to create signiticant adverse
effects on public school facilities.
The package proposes establishment of the Faena District Overlay, which would affect 6.39-l+
acres and permit places of assembly, restaurant, retail and general office uses. Because the
amendment does not appear to have the potential to adversely affect public educational facilities,
I offer no comment.
Again, thank you for the opportunity to review the amendment package. If I may be of
assistance, please contact me at 850-245-9312 or Tracy.Suber@fldoe.org.
Growth Management & Facilities Policy Liaison
TDS/
Mr. Ivan Rodriguez, Miami-Dade County Public Schools
Mr. James Stansbury, DEO/State Land Planning Agency
Thomas H. lnserra
Dlrector, Oflice of Educati{onal Facilities
www,fidoe.org
325 W. Gaines Street, Suite 1014 | Tallahassee, F[ 32399-(X00 | 850-245-0494
@ 2014, Florida Department of Education. All Rlghts Reserved.
391
From:
Sent:
to:
Cc:
Subject:
To: Rogelio Madan, Planner
Stahl, Chris < Chris.Stahl@dep.state.fl.us >
Friday, November L4,20L412:34 PM
Madan, Rogelio
Craig, Kae; DEO Agency Comments
Miami Eeach 14-1ESR - Proposed
Re: Miami Eeach 14-1ESR - Review of Proposed comprehensive plan Amendment
The Office of lntergovernmental Programs of the Florida Department of Environmental Protection (Department) has
reviewed the above-referenced amendment package under the provisions of Chapter 1G3, Florida Statutes. The
Department conducted a detailed review that focused on potential adverse impacts to important state resources and
facilities, specifically: air and water pollution; wetlands and other surface waters of the state; federal and state-owned
lands and interest in lands, including state parks, greenways and trails, conservation easements; solid waste; and water
and wastewater treatment.
Based on our review of the submitted amendment package, the Department has found no provision that, if adopted,
would result in adverse impacts to important state resources subject to the Department's jurisdiction.
Please feel free to contact me with any questions.
Chris Stahl
Office of lntergovernmental Programs
Florida Department of Environmental protection
3900 Commonwealth Blvd., MS 47
Tallahassee, Ft 32399-3000
(8s0) 24s-216e
GurtomnrSorvlccSurvsy
392
ffiffi@ Departmcnt of Regulatory and Economlc Rcsources
Plannlng Dlvlrlon, Metropolltan Plannlng Socllon
l1'l tlw 1 Street . Suite 1250
Miaml, Florlda Sll28-1902
T 305-375-2835 F 305.375-1091
www. miamldade.gov/buslneae/plannlng.aspnrlamldade.gov
Novembor 18,2014
Mr. Thomas Mooney, AICP, Director
City of Miaml Beach Planning Department
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Tranamlttal of proposed amendment to the 2025 Miami Beach Comprehensive Plan
establlshing the Faena Dlstrlct Overlay; DEO No. 14-1ESR
Dear Mr. Mooney:
The Mlami-Dade County Department of Regulatory and Economic Resources (Department) has
review€d the proposed Gomprehensive Plan amendment establishing the Faena District Overlay.
Our review is conducted to identify points of consistency or inconsistency with the goals, objectives,
policies and relevant provlaions of the Miami-Dade County Comprehensive Development Master
Plan (CDMP), and whether the proposed amendments impact County public facilities and services.
The application proposes to amend the City's 2025 Comprehensive Plan to establish the "Faena
Overlay DiEtrict'within the existing'Medium Density Multifamily Residential (RM-2f and "High
Density Multifamily Residential (RM-3)" future land use categories. The proposed overlay dietrict
would apply to a 6.3$acre area along Collins Avenue, between 32 Street and 33 Street. The
proposed overlay district would allow "place of aesembly uses'as the main permitted uses within a
5.10-acre area of RM-3 deeignated land east of Gollins Avenue, and 'places of assembly,
restaurants, retall and general office uses" as main permitted uses wilhin a 1.29-acre area of RM-2
designated land west of Collins Avenue. The proposed overlay district would not affect the
underlying RM-2 and RM-3 residential densities.
The'Medium Density Multifamily Residential (RM-2)'designatlon in the City's Comprehensive Plan
retains a maximum density of 100 Durclllng Units per Acre (DU/Ac) and is characterized by single-
family attached and detached homes, townhomes, multFfamily apartments and hotels. The
maximum Floor Area Ratio (FAR) is 2.0. Residential offices are permitted in the West Avenue Bay
Front Overlay Digkict; acce8sory uses may be permitted in accordance with the City's Land
Development Regulationo, and authorized conditional uses are reguired to go through the public
hearing procoss. The "High Density Muttifamily Residential (RM-3f deslgnation retains a maximum
denaity of 150 DU/Ac and is similarly characterized by single-family attached and detached homes,
townhomes, multi-family apartments and hotels, and a maximum FAR of 3.0.
The County's Adopted 2O2O aN 2030 Land Use Plan (LUP) map currently designates developed
land on lhe east side of Collins Avenue as'Businegs and Offtce,'and'High Densig Resklental'on
the tilest side of Collina Avenue. The 'Business and ffic€'designatlon accommodates tha full
rango of ealea and aervlce activitloe includlng retall, wholesale, profeaeional 8ervlces, commerclal
and profereional officee, hoteh, molels, hoepltrals, entertainment and cultural facllltles; residentlal
393
Thomas Mooney, AICP
City of Miami Beach
November 18,2014
Page 2ol2
uses, and mixing of residential use with commercial, light industrial, office and hotels are also
permitted provided that the scale and intensity is not out of character with that of adjacent or
adioining development, zoning, and other conditions. The "High Density Resldential'category
accommodates 60 lo 125 dwelling unlts or more per gross acre and is found in only a few areas
where land costs are high and services are availaHe to meet demand.
Based on the informatlon provirled and the County CDMP's goals, objectives and policies, the
Planning Division linde the proposed land use changes consistent with the County's CDMP. The
Division of Environmental Resources Management has provided separate comments regarding
drainage and flood protection, natural resources, and pollution remediation; please see the attached
Memorandum for complete comments.
Thank you for the opportunity to comment on the City's Comprehensive Plan Amendment. lf you or
any member of your staff have any questions, please contact me or Napoleon Somoza, Section
Supervisor, at 305-37$2835.
Mark R. Woerner, AICP
Assistant Director for Planning
MRW:NVS:smd
Attaclrment
Ray Eubanks, Florida DEO
Maria Valdes, MDWASD
Christlne Velazquez, RER-DERM
Cc:
394
MemorandumffiffiDDate: November 17,2014
To:Mark Woerner, Assistant Director
Planning and Zoniqg Dfuision, RER
From: Jose Gonzaloz, P.E.. Dlvision Chlef
9b/,,4
Envlronmental Resources Management Divlslon, RER
Subfect: Poposed Amendment to the 2025 Mlami Baach Comprehensive Master Plan Establishlng
lha Faena Distrid Overlay
The Divislon of Environmenlal Resourcos Management (DERM) slaff revbwed the informatlon
contalned ln the Clty of Mlami Beach Proposed Arnendmenl to the 2025 Miami Beach Comprehensive
Master Plan Establlshlng the Faena Dlstrld Oveilay, and offers lhe follorlng commonts:
The proposed Faena District Overlay inchrdes parcels fronting Collins Avenue, between 32d Slreet and
36h Street.
The proposed overlay would allovv for "places of assembty, restaurant, retail and general office uses" as
main permitted uses in he westem 1.29 acres of lhe Overlay that are cunently designated "Medium
Denslty Multlfamily Residential (RM-2)', and "plrce of assembly uses" as a main permltled uses ln the
eastem 5.1 acres of the otrerlay that are currently designated 'Hlgh Density Multifamlly ResHenllal
(RM-3r
Publlc Water Suoolv
The proposed Faena Dislrktr Overlay is localed within the Mhmi Beach Water and Sewsr Departrnent
franchbed water servbe area. The source of potabh water for lhls area is provided by the Mhml-Dade
Water and Server Departrnnt (MDWASD). Furlhermore, at this tlme tha phnt has sufficient capacity to
provlde thecunenl water demand. The MWVASDwaler lreatrrent plants are presently producing weter
that meets Fedenal, State, and County drinking ualer slandards.
Sanitarv Sqiler Svstem
The proposed orcrhy is located within the Miami Baach Water and Sewer Departnent franchised
water seMce area.
The area ls serued by gravlty sewers that dlrect wastewater flow to pump statlon 02-28L, then to p,.rnp
stalion 02-288 and then to lhe Cenlral Disldct Wastewaler Treatment Phnt. Pump statbns 02-281
and 02-288 are orrrned and operated by the Clty of Mlaml Beach Weter and S€nrcr Dopartment; the
Cenfral Dbtril Wasteurater Trcatnrent Plant ls qrned and operated by MDWASD.
The pump stations and he Central District Wasteuater Treatment Plant are operaling currentf wi0rin
the mandated criteria set forth in the Na,y Consent Decree Cas€: No. 1:12-st-24400-FAM, efiective
slnce Decembor 6, 2013.
395
Clly of Mhml Eeach proposed Focna Ovoday Dlst lct
P,{,e2
The following Nominal Average Pump Operallng Tlme (NAPOT) lnformalbn for lhe pump stations b
based on the potentialdevelopment and current conditlons of the sanitary pump statlon. Please note al
the time of linal development orders, seurer capmity certifbation will be required.
At this llme the Central Dlstrlct Wasteurater Trealmenl Plant has suffhlent capaclly to trcat cunent
discfiarge.
Drainaoe and Flood Protection
Any proposed developrnnt with rnore than 2.0 acres of impervious area within the subject area will
require a DERM Surface Water lVhnagement General Permit for the construction and operation of the
required surface uaater management system. Tho permit must be obtained prior to devebpment of the
slte, and Flnal Plat. The applicant ls advlsed to contact the DERM Water Conlrol Sectlon for further
lnformation regardlng permittlng.
Any new devalopment wlthln the proposed Dlstrlct may requlre a DERM Chss Vl permit for any
installatlon of drainage syetems in contaminated sites.
The proposed developrn€nt is determined to be both in Zones AE and X or aborre the flood phln as
determined by FEttIA. The site shall be filhd to a mlnhnum elevatbn of 5.0 feet, NGVD, County Flood
Crlleria.
For construcibn of haHtable strudures within the su$ecl appllcatlon, the Lorvest Floor Elevaffon
requirement shall be the highest elevation in NGVD of the following references:. Average crown of road fronlirB the properU, plus 8 inches for residenthl, or plus 4 inc*res for
comnprclal.. CounU Flood Criteria 5.0 feet l.lGVD, pft.ts I incfies for residential, or plus 4 inches for
commercial.. Ebvation of the back of the sldeumlk (if ary) fronting the property, plus 8 inches for residenthl,
or plus 4 incfies for commercial.. The Base Flood Elevation for this area is found to be 8.0 feet NGVD (taken ftom the Flood
lnsurance Rate Maps (FIRM) br Mlaml Dade County).o The slage generated by rdention on-slle of the 1001ear rainfall event accordirg to dage-
storage cabulallons mud be equal or less lhan the Base Flood Elevaton.
MiamiBeach 00281 Ok 0.00 5.25 S.25
OK 0.00 3.85 3.85
396
City of Mlaml Beadr propossd Faena Orrerlay Oislric{
l,ag€ 3
For compliance with stormwater guality requirem€nts, all storrnwater shall be retained on site utilizing
prop€rly designed seepage or inliltration drainage syslem. Drainage must be prwUed for the 1-yeartl-
day storm event.
For compllance wlth stormwater quantlty requlrements deslgned to prevent llooding of adjacent
properties, the site grading and development shall provide for the full on-site retenlion of the 25-year/3-
day storm event and shall also comply with the requlremenls of Chapter 1lC of the Code, all Stale, and
Federal Criteria.
Any proposed devebpment shall comply wlth county and federal flood crlterla requirements. The
proposed development order, lf approved, wlll not result ln a reduction in the LOS standards for flood
protectlon set forth in the CDMP
Stonnrvater
There will not be substantial change in tho amount of impervioUsness and storm water runoff as a rosult
of the proposed hnd use modificatlons; therefore, no substanlial impacts to flood proteclion levels of
service are expected.
Natural Besources
The subfecl area is not located immediately adjacent to tidalwaters and does not contiain weflands m
dellned by Sectlon 24-5 of the Code; therefore, nelther a Class I Permlt nor a Class lVWethnds Permit
wlllbe requlred.
Tree resources are located within the area. A Miaml-Dade County Tree RemovaURebcatlon Permlt b
required pdor to the removal and/or relocalion of any tree that ls sut{ec[ to the Tree Preservation and
Proleclion provisions of the Code.
ln addltlon, pursuant to Sectlon 2449.9 of the Code, all prohibited plant species shall be renpved from
the property prlor to dwelopment or rcdevelopment, and thelr sale, propagatlon, plantlng, lmporlation
or lransportation is prohibited. Pursuant to thls subsectlon of the Code, devebped sltes shall be
maintalned to prevent the grovuth or accumuhtlon of prohibited species inc[.rding grass, weeds and
non-nalhre undergrcwth.
Pollutlon Remedia$on
The area has records of current contiamination issues under Cipriani Ocean Resorl (DERM file UT-
6886) located at 3201 Colllns Avenue. The sito is a petrobum contaminated slte atrrenlly conducllng
grou ndwater monitoring.
Air Qualltv Presorvatlon
Applicallons requesfirg to change cunent Land Use Designations may requlre a traffic sudy to
determine level of lmpao{ on local traffic conditlons llke intersedlons and parklng areas. Accordlng to
lhe Fbrida Department of Environmental Proteclion (FDEP) all Level of Service (LOS) "E" or-'F'
interseclions impac{ed W 5% or moro projected trafflc and all surface parking areas of 1,500 whide
trips per hour, or parking garagss of 750 rrehicle trips per hour, are required to be considered for air
quallty modeling. lf modeling is deemed ne@ssary, an air quality mathodology meeting b to be held
with DERM and the FDEP to delermine which intersectlons and parting faciflties need to be modeled,
as wellas the analysls parameters.
lf you have any questions concernllq the comrnents, or wish to dlscuss this matter further, please
contact Christine Velazquez at (305) 372-67U.
397
Rt('t( scoTr
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Fdza-
Florida Departnrs nt oJ' Trunsportatiorr
1(lC0 f'lW I I i Av(rrrt,t:'j
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ST:CRF:-I'AR1'
November 24,2014
Thomas Mooney, AICP
Director, City of Miami Beach Planning Department
City of Miami Beach
1700 Convention Center Drive
MiamiBeach, FL 33139
Subfect: Commentg for the Clty of Mlaml Beach Proposed Comprehenslve Plan
Amendment (FDEO Amendment No. I'l'lESR)
Dear Mr. Mooney:
The Florida Department of Transportation, District Six, completed a review of the
amendment to the Proposed Comprehensive Plan, FDEO Amendment No. 14-1ESR.
The District has reviewed the amendment package per Chapter 163 Florida Statutes
and has the following comments.
1) A complete daily and peak hour trip generation analysis of the maximum
potentialtrip generation of the study area (affected RM-2 and RM-3 properties)
underthe cunent and prcposed designations must be included. Such analyses
must be based on the lnstitute of Transportation Engineers' (lTE) Trip
Genaration manual, th Edition, and would then be compared against each
other. The subsequent difference of maximum trip generating potential
quantifies the traffic impact the proposed comprehensive plan amendment
would have upon the transportation network.
2) Please include a complete list of land uses and maximum potential
development intensities that generate the most trips for the trip generation
analysis underthe current and proposed designatlons. This should be provided
for properties listed under the RM-2 and RM-3 designation within the study
area.
,:r'
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398
MiamiBeach #14-1ESR
?age 2 of 2
3) Please confirm if the proposed comprehensive plan amendment for the
properties designated as RM-3 will result in potentially more dwelling units or
non-residential square footage.
4) lf the combined maximum potential trip generating impact of the proposed
Faena District Overlay to the current RM-2 and RM-3 exceeds the cunent
maximum trip generating potential, then an assessment of the impact those
trips would have upon area roadways is necessary. This assessment should,
at a minimum, include an evaluation of SR 112ll-195/Julia Tuttle Causeway,
which is a Strategic lntennodal System (SlS) designated facility. lt should
include not only a capacity analysis, but also a percent impact assessment to
evaluate if the proposed comprehensive plan amendment significantly impacts
the roadway.
5) lf the application of trip reduction factors, such as Transit, Pass-By, and Mixed-
Use lnternalization are used, it is requested that their justification be included
in a technical memorandum. Further, this justification should include
quantitative calculations, such as ITE's intemalization bubble diagrams and
pass-by formulae, to support their use.
Please contact me at 305-470-5445 if you have any questions concerning our
comments.
Sincerely,
Ken Jeffries
Transportation Planner
Cc: Harold Desdunes, P.E., Florida Department of Transportation, Dislrict 6
Aileen Boucle, AICP, Florida Department of Transportation, District 6
Lisa Colmenares, AICP, Florida Department of Transportation, District 6
Ray Eubanks, Department of Economic Opportunifi
399
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