2004-3453 Ordinance
ORDINANCE NO. 2004-3453
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE PLAN BY
CHANGING THE FUTURE LAND USE CATEGORY FOR THE
FOLLOWING PARCELS, MORE PARTICULARLY DESCRIBED
IN THE LEGAL DESCRIPTIONS ATTACHED AS EXHIBITS
HERETO: 1) A PORTION OF A PARCEL OF LAND
COMMONLY KNOWN AS THE "FEDERAL TRIANGLE,"
APPROXIMATELY 450 SQUARE FEET, FROM THE CURRENT
ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE
LAND USE CATEGORY OF MR, "MARINE RECREATIONj"
AND 2) A CITY-OWNED PARCEL 50-FEET WIDE FRONTING
ON BISCAYNE BAY, OF APPROXIMATELY 4,600 SQUARE
FEET, ON BLOCK 8, SOUTH BEACH PARK SUBDIVISION
(AlK/A HINSON PARCEL) FROM THE CURRENT CPS-3,
"COMMERCIAL INTENSIVE MIXED-USE," TO THE FUTURE
LAND USE CATEGORY ROS, "RECREATION AND OPEN
SPACE;" PROVIDING FOR INCLUSION IN THE
COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, East Coastline Development, Ltd. ("East Coastline") and West Side
Partners, Ltd. ("West Side") among others which have initiated litigation against the City
of Miami Beach (the "City") and the Department of Community Affairs claiming
damages and rights under the Bert J. Harris, Jr. Private Property Rights Act, other civil
rights violations and other relief in Circuit Court Case No. 98-13274 CA 01(30), and
United States District Court Case No. 01-492l-CIV-Moreno, and Florida Divisions of
Administrative Hearing Case No. 02-3283GM West Side Partners, Ltd., and
WHEREAS, the Mayor and City Commission have approved a Settlement
Agreement, in concept, between the City and East Coastline, West Side and others with
respect to the above-noted litigations, pursuant to Resolution No. 2004-25509, adopted
on February 25, 2004; and
WHEREAS, that Settlement Agreement provides, among other things, for a
Concept Plan for the properties known as the Alaska Parcel, the Goodman Terrace and
Hinson Parcels, Blocks 51 and 52 and Block 1 (the "Affected Properties"), to be
considered by the Mayor and City Commission; and
WHEREAS, the Concept Plan has undergone citizen review and numerous
public meetings and workshops through an ad hoc committee of concerned citizens and
has also been reviewed by the staff and has been considered and approved by the City
Commission through the adoption of Resolution No. 2004-25651; and
WHEREAS, a review of the Concept Plan and the Settlement Agreement
indicates the necessity for modifications of the City Future Land Use Map designations
for the following properties: 1) a portion of a parcel of land commonly known as the
"Federal Triangle," approximately 450 square feet, from the current ROS, "Recreation
and Open Space," to the Future Land Use category ofMR, "Marine Recreation;" and 2) a
City-owned parcel 50-feet wide fronting on Biscayne Bay, of approximately 4,600 square
feet, on Block 8, South Beach Park subdivision (alk/a Hinson parcel) from the current
CPS-3, "Commercial Intensive Mixed-use," to the Future Land Use category ROS,
"Recreation and Open Space;" in order to effectuate the Concept Plan and the Settlement;
and
WHEREAS, this Ordinance is being adopted to allow implementation of that
Settlement Agreement and Concept Plan through the adoption of certain changes to the
Future Land Use Map designations of the above-noted parcels to permit the
developments contemplated in such Agreement and Plan to proceed; and
WHEREAS, these amendments to the Future Land Use Map designations were
not required by the Settlement Agreement but were independently determined and
recommended appropriate for adoption by the City staff and the Planning Board, based
upon public input after public hearing, following all requirements of procedural due
process attendant thereto; and
WHEREAS, full legal descriptions of the Affected Properties are contained in
Exhibits attached to this Ordinance, and shortened descriptions of such properties will be
codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendments to the City's Future Land Use Map
designations for the properties described herein are hereby approved and adopted and the
Planning Director is hereby directed to make the appropriate changes to the Future Land
Use Map of the City:
a) A portion of a parcel of land commonly known as the "Federal Triangle,"
approximately 450 square feet, from the current ROS, "Recreation and Open Space," to
the Future Land Use category ofMR, "Marine Recreation;" and b) A City-owned parcel
50-feet wide fronting on Biscayne Bay, of approximately 4,600 square feet, on Block 8,
South Beach Park subdivision (alk/a Hinson parcel) from the current CPS-3,
"Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation
and Open Space." See legal descriptions attached as Composite Exhibit "A."
SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3, SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 4. CODIFICATION. It is the intention of the City Commission that this
Ordinance be entered into the Code, 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 Office.
SECTION 5. TRANSMITTAL. The Planning Director is hereby directed to transmit
this ordinance to the appropriate state, regional and county agencies as required by
applicable law.
PASSED and ADOPTED this 28th day
e shall take effect ten days after
SECTION 6. EFFECTIVE DATE.
adoption.
ATTEST:
r /li~' t. )t1~~
.. CITY CLERK
~
A,r .::J1..'-
PLANNING DiRECTOR
7/30/0 If-
DATE
APPROVED AS TO
FORM & LANGUAGE
& FOR EXE~ION
~11~RNfJJ J:
1/01tJ/
DATE
T:\AGENDA\2004\JuI2804\Regular\1667 - FLUM ord 7.14-04.alternate.DOC
COMPOSITE EXHIBIT "A"
lEGAL DESCRIPTION:
A Parcel of land lacated in Sectian 10, Tawnship 54 South, Range 42 East, City of Miami Beach,
Miami-Dade County, Florida, and being more particularly described as follows:
Commence ot the Northeast corner of Lot 3, Block 8, South Beach Subdivision as recorded in Plat
Book 6 at Page 77 of the Public Records of Miami-Dade County, Florida; Thence S1 0'47'31" W
along the Eosterly line of said Block 8 for 111.76 feet to the southeast corner of Lat 1 of said
Block 8;Thence N 65'35'12" W olong the Southwesterly line of said Lot 1 for 64.44 feet; Thence S
87'37'54" W along the southerly line of lots 1 and 3 of said Block 8 for 208.59 feet to the Point
of Beginning of the hereinafter described porcel of land; Thence S 57'41'41" W olong the
Northwesterly line of Parcel II as shown on Fortin, Leovy, Skiles, Inc. survey drawing number
2001 D-061-1 for 41.05 feet to a non-tangent point on a circular curve concave to the northeast
and whose radius point bears N62'37'08"E; Thence northwesterly along a 104.49 foot radius curve
leading to the right through a central angle of 11'54'26" for an arc distance of 21.72 feet to a
point on the South line of said lot 3, Block 8; Thence N 87' 37'54" E along said South line for
42.66 feet to the Point of Beginning.
Containing 445 square feet, more or less.
SURVEYOR'S NOTES:
_ This site lies in Section 10, Township 54 South, Ronge 42 East, City of Miomi Beach,
Miami-Dade County, Florida.
_ Bearings hereon are referred to an assumed value of S 87'38'57" W for the south right-of-way
line of South Pointe Drive.
_ Lands shown hereon were not abstracted for easements and/or rights-of-way of
records.
_ This is not a "Boundary Survey" but only a graphic depiction of the description
shown hereon.
_ Dimensions shown hereon are bosed on Fortin, Leavy, Skiles, sketch #2001-061-1.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was made under my responsible chorge
on July 21, 2004, and meets the Minimum Technical Standards as set forth by the
Florida Board of Professional Surveyors and Mappers in Chapter 61 G 17 -6, Florida
Administrative Code, pursuant to Section 472.027, Florida Stotutes.
"Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper"
FORTIN, lEAVY, SKilES, INC., lB3653
By:
--------------------------------
Daniel C. Fortin, For The Firm
Surveyor and Mopper, LS2853
State of Florida.
Drawn By JJ8 ( SKETCH OF DESCRIPTION 1 Date 7/21/04
Cad. No. 031069 FORTIN, LEAVY, SKILES, Scale
INC. as shown
Ref. Dwg. 2001-061-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 041300
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER; 00003653 Dwg. No. 1004-091
Plotted: 7/21/04 11:090 180 Northeast 168th. Street / North Miami Beach, Florida. 33162
Phone; 305-653-44931 Fax 305-651-7152 / Email fls@flssurvey.com Sheet 1 of 2
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(PLAT BOOK 6 pAGE 77)
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GRAPHIC SCALE
50 100
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( IN FEET )
1 inch = 100 ft.
Drawn By JJB ( SKETCH OF DESCRIPTION ') Dale 7/21/04
Cad. No. 031069 FORTIN, LEAVY, SKILES, Scale 1"=100'
Ref. Dwg. INC.
2001-061-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 041300
FLORIDA CERTIFICATE OF AUTHORIZATION NUMBER: 00003653 Dwg. No. 1004-091
180 Northeast 168th. Street / North Miami Beach, Florida. 33162
Plotted: 7/21/04 11 :090 phone: 305-653-4493 / Fax 305-651-7152/ Emaill1s@flssurvey-com Sheet 2 of 2
EXHIBIT "A"
(Leaal Description)
H 1050n C pt>f-hO(\ )
PARCEL I: ~
Block 8, SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public Records of Miami-Dade
County, Florida,less and excepting therefrom the following two dedications:
A 50.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Pa~e 77, of the Public
Records of Miami-Dade County, Florida. Said 50.00 foot dedication being described as follows: .
Bounded on the North by the Northerly line of said Block 8, bounded on the South by the South~rly line of said Block 8, said
Southerly line also being the Northerly line of the Government Reservation shown hereon; bounded on the East by a line parallel
to and 50.00 feet distant Easterly of, as measured at 90 degrees to the Westerly line, of said Block 8; bounded on the West by the
Westerly line of the above-referenced Block 8, said Westerly line also being the Easterly line of Biscayne Bay.
A 40.00 foot dedication in Block 8, of SOUTH BEACH PARK SUBDIVISION, recorded in Plat Book 6, at Page 77, of the Public
Records of Miami-Dade County, Florida. Said 40.00 foot dedication being described as follows:
Bounded on the North by the Northerly line of the above-referenced Block 8; bounded on the South by the Southerly line of the
above-referenced Block 8,' said Southerly line also being the Northerly line of the Government Reservation shown hereon;
bounded on the East by the Westerly line of Washington Avenue, said Westerly line also being the Easterly line of Block 8;
bounded on the West by a line parallel. to and 40.00 feet; distant Westerly of as measured at 90 degrees to the Westerly line, of
the above-referenced Washington Avenue.
~
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending the Future
Land Use Map of the Comprehensive Plan by changing the Future Land Use Category for the following
parcels, more particularly described in the legal descriptions attached as exhibits hereto: 1) A Portion of a
parcel of land commonly known as the "Federal Triangle," approximately 450 square feet, from the current
ROS, "Recreation and Open Space," to the Future Land Use Category of MR, "Marine Recreation;" and 2)
a city-owned parcel 50-feet wide fronting on Biscayne Bay, of approximately 4,600 square feet, on Block 8,
South Beach Park Subdivision (A/K/A Hinson Parcel) from the current CPS-3, "Commercial Intensive
Mixed-Use," to the Future Land Use Cate 0 ROS, "Recreation and 0 en S ace;",
Issue:
Should the City Commission amend the Future Land Use Map ofthe City's Comprehensive Plan for these
two parcels of land in order to effectuate a settlement agreement for certain pending litigations with the
Portofino entities?
Item Summa IRecommendation:
As part of a settlement agreement, accepted in concept by the City Commission on February 25, 2004, a
"concept plan" has been developed. The plan would require certain modifications to the Future Land Use
Map categories for a portion of a parcel of land commonly known as the "Federal Triangle," from the current
ROS, "Recreation and Open Space," to the Future Land Use category of MR, "Marine Recreation;" and a
City-owned parcel 50-feet wide fronting on Biscayne Bay, on the Hinson parcel from the current CPS-3,
"Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space.
The Administration recommends that the Ci
Adviso Board Recommendation:
The Planning Board at its June 22, 2004 meeting made the following Motion: Summarize comments,
create a model that shows massing of the concept plan and recommend approval of proposed settlement
a reement. Unanimousl a roved 5-0.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin
Mercy Lamazares/Jorge G. Gomez
Si n-Offs:
Department Director
Assistant City Manager
City Manager
c
T:\AGENDA\2004\JuI2804\Regular\1667 - FLUM pblc hrg 7.28 sum.doc
AGENDA ITEM Rs c....
DATE 7-J,g-oy
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: July 28, 2004
From:
Jorge M. Gonzalez \ AJ.../r./:-'/
City Manager 0 v - 0
Future Land Use Map (FLUM) Change
Public Hearing
Subject:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE FUTURE
LAND USE MAP OF THE COMPREHENSIVE PLAN BY CHANGING
THE FUTURE LAND USE CATEGORY FOR THE FOLLOWING
PARCELS, MORE PARTICULARLY DESCRIBED IN THE LEGAL
DESCRIPTIONS ATTACHED AS EXHIBITS HERETO: 1) A
PORTION OF A PARCEL OF LAND COMMONLY KNOWN AS THE
"FEDERAL TRIANGLE," APPROXIMATELY 450 SQUARE FEET,
FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE,"
TO THE FUTURE LAND USE CATEGORY OF MR, "MARINE
RECREATION;" AND 2) A CITY-OWNED PARCEL 50-FEET WIDE
FRONTING ON BISCAYNE BAY, OF APPROXIMATELY 4,600
SQUARE FEET, ON BLOCK 8, SOUTH BEACH PARK
SUBDIVISION (AlKlA HINSON PARCEL) FROM THE CURRENT C-
PS3, "COMMERCIAL INTENSIVE MIXED-USE," TO THE FUTURE
LAND USE CATEGORY ROS, "RECREATION AND OPEN SPACE;"
PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance which
reflects the reduced Federal Triangle area as accepted by the Commission on July 7,
2004.
BACKGROUND
After a series of down-zonings citywide in 1998, and the denial of a request in 2001 for the
re-zoning of the "Alaska" parcel, a number of the Portofino Entities initiated litigation
against the City and the Florida Department of Community Affairs claiming damages and
rights under the Bert J. Harris Jr. Private Property Rights Act, other civil rights violations
and other relief in Circuit Court, U.S. District Court and the Florida Division of
Administrative Hearings.
Commission Memorandum
July 28, 2004
FLUM amendment
Page 2
As part of a settlement agreement, accepted in concept by the City Commission on
February 25,2004, a "concept plan" has been developed. The plan would require certain
modifications to the Future Land Use Map (FLUM) categories for the following properties:
1) a portion of a parcel of land commonly known as the "Federal Triangle," approximately
4,178 square feet, from the current ROS, "Recreation and Open Space," to the Future
Land Use category of MR, "Marine Recreation;" and 2) a City-owned parcel 50-feet wide
fronting on Biscayne Bay, of approximately 4,600 square feet, on Block 8, South Beach
Park subdivision (a/k/a Hinson parcel) from the current C-PS3, "Commercial Intensive
Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space, and as
indicated on the attached graphic.
As part of the history of the City of
Miami Beach, it is interesting to
note that the southern portion of
Miami Beach extended south to
what is today Fisher Island. In the
early 1900s, when the federal
government dredged a cut through
the narrow isthmus in order to
create an access from the Atlantic
Ocean to the mainland of Miami-
Dade County, (hence "Government
Cut,") it retained control of the land
on the north and south of the Cut
for maintenance purposes. In
1979 that land was declared
surplus and the parcels today
known as South Pointe Park and
"federal triangle" were deeded to
the City, with a restriction that they
be used for park or public
recreational purposes only and
subject to a 50-foot easement in
perpetuity for channel
maintenance. Any changes to the
stipulations of the deed have to be
by mutual consent between the
U.S. Department of Interior and the
City. The land known as the "Alaska" parcel was part of the federal government land
reservation and was deeded to the Cook Inlet Region, Inc. of Alaska at the time the
Alaskan oil pipeline was being constructed. The applicant is currently seeking approval
from the federal government to convert a portion of the "federal triangle" from public to
private use.
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ANALYSIS
Commission Memorandum
July 28, 2004
FLUM amendment
Page 3
The purpose of the proposed ordinance is to change the FLUM for the portion of the City-
owned 50-feet wide parcel of the Hinson Parcel fronting on Biscayne Bay that had not
been changed from C-PS3 to ROS. The Federal Triangle is currently ROS; a portion
approximately +/- 4,178 square feet is proposed to be changed to MR, Marine Recreation
category. This change is necessary to accommodate the "concept plan" developed as part
of the settlement agreement and is an exchange of land for what the City is receiving from
the Alaska parcel.
It should be noted that at the July 7,2004 meeting, the City Commission set the public
hearing for the proposed ordinance, and in reviewing the Settlement Agreement and
Concept Plan approved the following:
Option #2 of the Concept Plan as it refers to the Alaska Parcel. This option re-allocates the
9,500 square feet of FAR on Alaska to be included in the developable FAR within the tower
to be constructed on Goodman/Hinson as residential use, resulting in an increase of 3 ft. on
each side of the building and increasing the permitted FAR from 296,000 square feet to
305,500 square feet, without any increase in the height of the proposed building. This option
also eliminates the 9,500 square feet of potential corrrnercial use by the Developer within
the Alaska parcel. In this scenario, the Developer would then increase its contribution of
land to the City by an additional 7,100 square feet for a total of approximately 87,550 square
feet of land to be deeded to the City.
Based on this option, the Developer would require only an area of +/- 450 square feet of the
Federal Triangle
FISCAL IMPACT ANALYSIS
The proposed ordinance will change the future land use category of approximately 450
square feet of the Federal Triangle from the current ROS, "Recreational Open Space," to
MR, "Marine Recreational." There should be minimal, if any, adverse fiscal impact to the
current condition as MR has a maximum FAR of 0.25 as opposed to ROS, which has a
maximum FAR of 0.50. The proposed change to the portion of the Hinson Parcel will
codify in a future land use category this city-owned property. Furthermore, pursuant to a
Settlement Agreement, the City will also receive a large portion of the Alaska Parcel, which
will then become public property for the enjoyment and general welfare of the residents of
the City.
The Planning Board, as the City's Land Planning Agency, reviewed the proposed
ordinance on June 22, 2004 and provided the following comments to the City Commission
relative to the Concept Plan and accompanying LDR amendments, recommending
adoption of the ordinance. The Design Review Board also reviewed the proposed concept
plan on June 15, 2004; their comments are included below.
PLANNING BOARD ACTION
The Board reviewed the items related to the Portofino-related settlement agreement on
June 22, 2004 and had the following comments:
Commission Memorandum
July 28, 2004
FLUM amendment
Page 4
Summarv of Board Comments:
. Allowing upzoning with a trade of land is in the best interest of the City and mitigates
the density increase in other places.
. Concerned about the height of Block 1 as it creates an inconsistency with the rest of
the neighborhood. The massing should be at Collins and South Pointe Drive and
not distributed throughout the entire block.
. Boat basin - filling or leaving as is needs to be looked at again when there is a
cohesive plan for the park.
. With respect to commercial uses, there is an anomaly at the base of Portofino
Tower if nothing else happens. Some consideration should be given to placing a
transitional element at the corner of South Pointe and Alton Road.
. The pedestrian access to the waterfront through Murano should be enhanced to
work more like a public access and not a private road.
. There should be a transitional use between the pedestal and the park. Residential
uses are preferred. Would like to see limited concessionary uses in the park.
. Park uses should not be micromanaged. Important to realize the land trade; there
should not be large scale commercial uses in the park.
. When the park design and its programmatic uses have been developed, the plan
should be brought back to the Planning Board for review.
Points of consensus:
. Importance of land swap to create bigger corridor next to basin.
. Need to redistribute heights and FAR in Block 1 and deal with open court
regulations. The open courtyards in concept plan do not enhance the design of
structures.
. City's use of development rights at the park's edge should be limited to civic uses
and perhaps very limited concessions that are accessory to park uses (rest rooms,
roller blade rental, water).
. Need for some transitional element between pedestal and the park.
Points of less unanimity:
. Re-consider distribution of uses on Block 51, in particular uses on Commerce
Street, massing and revisiting open court regulations.
. Limited commercial uses along South Pointe Drive on Goodman/Hinson.
Individual concerns:
. Closing alley on Block 1.
. Public access from Alton Road to the park.
. Commercial development on Block 52.
Motion: Summarize comments, create a model that shows massing of the concept plan
and recommend approval of proposed settlement agreement. Unanimously approved 5-0.
Commission Memorandum
July 28, 2004
FLUM amendment
Page 5
DESIGN REVIEW BOARD COMMENTS
The following is a summary of the comments given by the Design Review Board at the
June 15, 2004 meeting regarding the South Pointe Concept Master Plan.
Regarding the City's portion of the Alaska Parcel:
. All members were strongly opposed to filling in the Boat Basin.
. The Boat Basin is a valuable amenity.
. There was a strong consensus against commercial development.
. Available space should be used for a park and green space amenities.
Reqardinq the developer's portion:
. Residential uses are preferred, with the exception of an accessory restaurant.
. The placement of residential uses on the south side of the parking structure on the
Alaska Parcel facing the park is not desirable.
. Architectural development of the parking garage elevations is the preferred method
to screen the parking on the Alaska Parcel.
. The safety of the public must be addressed regarding the dead end alley which will
be created on Block 1.
. The vehicular bridge connection created on Block 51 is not desirable.
Summary of Collaborative PlanninQ Process Comments relative to Concept Plan:
As provided for in the term sheet approved by the parties on February 25, 2004, and
finalized on March 8, 2004, the Concept Plan was to be developed in coordination and
collaboration with Neighborhood Representatives. Meetings were held with the Developer
and Neighborhood Representatives on March 31, April?, May 20, and June 14,22 and 28,
2004 in addition to public review at the Design Review Board on June 15, 2004 and at the
Planning Board on June 22, 2004. An additional meeting was held by the Neighborhood
Representatives and the Developer on July 12, 2004
The DRB and Planning Board recommendations listed above were not adopted as formal
amendments to the Land Development Regulations. The City Commission should discuss
and consider the recommendations provided by both Boards. If further changes to the
Concept Plan are desired, the corresponding policy direction will need to be reflected in the
proposed Land Development Regulations before 2nd reading.
In summary, the Concept Plan reflects the following:
Good man/Hinson/Alaska:
A rounded footprint of the tower and pedestal to be constructed on
Goodman/Hinson/Alaska, that allows for an expanded setback of 70 feet from and
Commission Memorandum
July 28, 2004
FLUM amendment
Page 6
retention of the boat basin.
At the July 7,2004 meeting, the Commission addressed the two options described below
and approved b), which was described during the meeting as Option #2:
a) the Developer retains the 9,500 square feet.:!:. on the Alaska parcel as permitted
marine recreational use to be located at the south side of the tower's parking
pedestal, deeding the originally contemplated 80,450 sf of the Alaska parcel to the
City, or
b) implement the preferred neighborhood option which is to re-allocate the 9,500
square feet of FAR on Alaska to be included in the developable FAR within the
tower to be constructed on Goodman/Hinson as residential use, (resulting in an
increase width of 4 ft on each side of the building) i.e. increasing the permitted FAR
from 296,000 square feet to 305,500 square feet, without any increase in the height
of the proposed building, and thereby eliminating the 9,500 square feet of potential
commercial use by the Developer within the Alaska parcel. In this scenario, the
Developer would then increase its contribution of land to the City by an additional
7,100 square feet for a total of approximately 87,550 square feet of land to be
deeded to the City.
With this option, the City still retains its development rights for approximately 28,000
square feet of FAR within Alaska; such uses to be determined as part of the planning
process for the design and development of South Pointe Park.
Block 1, 51 & 52:
The DRB and Planning Board also commented on massing concerns on Block 1 and Block
51 and they discussed the activation of the ground floor (or facades) facing Commerce
Street on Block 51 and Collins Avenue on Block 1. The neighborhood sentiment is to limit
any further commercialization of the area.
At the July 12, 2004 meeting of the Neighborhood Representatives participating in the
Collaborative process, provided the following comments:
. Commercial uses on the ground floor of Block 1 and 51. The stated preference of
the residents participating in the Collaborative process was not to have any retail
uses on the ground floor by a very slight majority (7-6).
. A secondary position was to allow commercial uses in the following areas - Block 1,
facing South Pointe Drive; Block 51, from Washington Avenue up to the residential
entrance (approximately half-way to Alton Road).
. Height on Block 1 - it was unanimously preferred to maintain the maximum height
at 75 feet.
Commission Memorandum
July 28, 2004
FLUM amendment
Page 7
Again, the City Commission should consider any further changes to the Concept Plan and
the corresponding policy direction that should be reflected in the proposed Land
Development Regulation amendments before 2nd reading.
CITY COMMISSION ACTION
At the July 7, 2004 meeting, the City Commission set the public hearing for the proposed
ordinance, and in reviewing the Settlement Agreement and Concept Plan approved the
following:
Option #2 of the Concept Plan as it refers to the Alaska Parcel. This option re-allocates the
9,500 square feet of FAR on Alaska to be included in the developable FAR within the tower
to be constructed on Goodman/Hinson as residential use, resulting in an increase of 3 ft. on
each side of the building and increasing the permitted FAR from 296,000 square feet to
305,500 square feet, without any increase in the height of the proposed building. This option
also eliminates the 9,500 square feet of potential commercial use by the Developer within
the Alaska parcel. In this scenario, the Developer would then increase its contribution of
land to the City by an additional 7,1 00 square feetfor a total of approximately 87,550 square
feet of land to be deeded to the City.
Based on this option, the Developer would require only +/- 450 square feet of the Federal
Triangle. .
The ordinance attached reflects the changes made by the Commission.
CONCLUSION
Pursuant to Section 163.3187(1 )(c)3. F.S., small scale development amendments to the
Comprehensive Plan of less than ten acres require only one public hearing before the City
Commission.
Notice requirements are as stipulated in Section 166.041 (3)(a) F.S., and City Code Section
118-164(1). When the proposed amendment involves less than ten contiguous acres
notice shall be given by mail to the owners of record of land lying within 375 feet of the land
stating the substance of the proposed ordinance as it affects that property owner and shall
set a time and place for the public hearing. Such notice shall be given at least 30 days
prior to the date set forthe public hearing, and a copy of such notice shall be kept available
for public inspection during the regular business hours of the office of the City Clerk.
A notice for the public hearing on July 28, 2004 was mailed to the owners of record of land
lying within 375 feet on June 25, 2004. Additional notice was given in the newspaper
published on July 11,2004. After the public hearing, the City Commission may adopt the
ordinance by a 5/7ths vote.
JMG/CMC/JGG/ML
T:\AGENDA\2004\JuI2804\Regular\1667 - Flum chng pblc hrg 7-28.doc
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. CITY OF MIAMI BEACH ""
NOTICE OF AMENDMENTS TO THE FUTURE LAND USE MAP ~
OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, ""iiiiiIl!V
ZONING MAP AND LAND DEVELOPMENT REGULATIONS
NOTICE TO THE PUBLIC
THE CITY OF MIAMI BEACH CITY COMMISSION will hold publiC hearings on the following
ordinances on WEDNESDAY, July 28, 2004 at 5:15 P.M. in the City Commission Chambers, Third
Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, or as soon thereafter
as these matters can be heard:
FLUM Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATlEGORY FOR THE
FOLLOWING PARCELS, MORE PARTlCULARLY DESCRIBED IN THE LEGAL
DESCRIPTIONS ATTACHED AS EXHIBITS HERETO: 1) A PORTION OF A PARCEL OF
LAND CDMMONLY KNOWN AS THE "FEDERAL TRIANGLE," APPROXIMATELY 4,178
SQUARE FEET, FROM THE CURRENT ROS, 'RECREATlDN AND OPEN SPACE," TO THE
FUTURE LAND USE CATEGORY OF MR, "MARINE RECREATION;" AND 2) A CITY-
OWNED PARCEL so,fEET WIDE FRONTING ON B1SCAYNE BAY, QF APPROXIMATlELY
4,600 SQUARE FlZT, ON BLOCK 6, SOUTH BEACH PARK SUBDIVISION (A1K/ A
HINSON PARCEL) FROM THE CURRENT CPS.3, "COMMERCIAL INTlENSIVE MIXED.
USE," TO THE FUTURE LAND USE CATEGORY RDS, "RECREATIDN AND OPEN
SPACE;" PROVIDING FOR INCLUSION IN THE COMPRF~ENSIVE PLAN,
TRANSMITTAL, REPEALER, SEVERABILITY AND AN EFFECTIVE DAT c.
Zonino Mao Chanoe
AN ORDINANCE OF THE MAYDR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED
IN SECTION 142.72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
CHANGING THE ZONING DISTRICT CLM.SIRCATlON FOR THE FOLLOWING PARCELS,
MORE PARTICULARLY DESCRIBED IN THE LEGAL DESCRIPTIONS ATTACHED AS
EXHIBITS HERETO: 1) A PORTION OF A PARCEL OF LAND COMMONLY KNOWN AS
THE "FEDERAL TRIANGLE," APPROXIMATELY 4,178 SQIIARE FEET, FROM THE
CURRENT GU, "GOVERNMENT USE," TO THE PRDPOSED ZONING CLM.SIFICATION
MR, "MARINE RECREATION;" AND 2) A PORTlON OF LOT 18 AND THE 10 FOOT
STRIP OF LAND ADJACENT THERETO, AND A PORTlON OF LOTS 29 AND 30 AND
THE 10 FOOT STRIP OF LAND ADJACENT THERETO, BLOCK 51 OF THE PlAT OF
OCEAN BEACH FLA. ADDITION NO.3, FROM 00, "GOVERNMENT USE," TO THE
PROPOSED ZONING CLASSIFICATION CPS.l, "COMMERCIAL UMITED MIXED.USE;"
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTl\iE
DATE.
Amendments to Land Develooment Reculations
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULAT1ONS," ARTIClE II,
"DISTRICT REGUlATIONS," DMSlON 12, "NII-MAR1NE RECREATION DISTRICT,"
ClARIFYING PURPOSE, PROVIDING FOR ADDITIONAl MAIN PERMITTED USES AND
PROHIBITING CERTAIN USES, AND EXCWDING FROM FLOOR AREA REQIIIRED
PARKING FOR ADJACENT PROPERTIES; AND DMSlON 18, "PS PERFORMANCE
STANDARD DISTRICT," MODIFYlNG IEIGHT, NUMBER OF STORIES, SETBACKS,
FLOOR AREA RATIOS AND AllOWING RElJIlRED PARKING IN THE CPS-l AND CPS-3
ZONING DISTRICTS FOR I&INED PRllPERTIES, Cl.AIUFYlNG HOW SUCIl REQIIIRED
OR PUBLIC PARKING RElATES TO FLOOR AREA AND IS AU.lJWED, AND R.OOR AREA
IS DISTRIBIITED, THROUGH COVENANTS IN UBI OF 1IN11Y OF TTIlE; PROVIDING FOR
REPEALER, SEVERABILITY, CODIRCATION AND AN EIHCTlVE DATE.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person deCides to
appeal any decision made by the City Commission with respect to any matter considered at its
meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based. This notice
does not constitute consent by the City for the introduction or admission of otherwise inadmissihle or
irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law
inquiries may be directed to the Planning Department at (305) 673-7550. Copies of these ordinance~
are available for public inspection during normal business hours in the planning Department offices
1700 Convention Center Drive, 2nd floor, City Hall, Miami Beach. Florida 33139. This meeting may bt
continued and under such circumstances additional legal notice will not be provided.
To request this material in accessible format sign language interpreters. information on access
persons with disabilities, and/or any accommodation to review any document or participate in afW
city-sponsored, proceeding. please contact (305) 604-2489 (voice), (305) 673-7218(TTY) five days ",
adv~nce to irlltlate your request. TrY users may also call 711 (Florida Relay Service). (Ad #(274)