Transmittal letter
frc
CITY OF MIAMI BEACH
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
DAVID DERMER
MAYOR
August 9, 2004
VIA DHL
Mr. Ray Eubanks
Florida Department of Community Affairs
Community Planning
Plan Processing Team
2555 Shumard Oak Boulevard
Tallahassee, FL 32399
Re: Transmittal of Small Scale Amendment to the Future Land Use Map (FLUM);
City of Miami Beach, Miami-Dade County
Dear Mr. Eubanks:
On July 28, 2004, the Miami Beach City Commission unanimously voted to approve a
small-scale amendment to Future Land Use Map ("FLUM Amendment") consisting of 0.11
acres. In accordance and compliance with the requirements of Section 163.3 I 87(1)(c), F.S. and
Rules 9J-I1.011(I), 9J-I1.0131, and 9J-l1.015 F.A.C., enclosed please find three (3) copies of
the transmittal package for this FLUM Amendment. Thus far this calendar year, the City of
Miami Beach has not approved any small-scale amendments. The transmittal package is being
simultaneously provided to the appropriate agencies as required by Rule 9J-I1.013I(3), F.A.C.,
under the cover of a copy of this letter. The transmittal package includes the following:
1. Executed City Commission Ordinance No. 2004-3453.
2. Copies of the revised Future Land Use Map indicating original and revised land
use designations.
3. Copies of the applicable public hearing advertisements which were published in
The Miami Herald on June 6, 2004 for the Planning Board and on July 11, 2004
for the City Commission. The Miami Herald is a newspaper of general circulation
which complies with the size and circulation requirements of Section
163.3184(15)(e), F.S.
:.
Mr. Ray Eubanks
August 6, 2004
Page 2
4. Copies of the completed Form RPM-BSP-Small Scale-I.
5. Copies of the Supporting Documentation and Analysis provided to the Miami
Beach Planning Board and City Commission.
Should you have any questions regarding these transmittal materials, please contact:
Jorge G. Gomez
Planning Director
City of Miami Beach
1700 Convention Center Drive, 2nd Floor
Miami Beach, Florida 33139
(305) 673-7550 (telephone)
(305) 673-7559 (fax)
Thank you for your assistance with these matters.
Enclosures
cc: Carolyn Dekle, South Florida Regional Planning Council (via DHL)
Carol McGuire, Florida Department of Transportation, District VI (via DHL)
Tim Gray, Florida Department of Environmental Protection (via DHL)
P.K. Sharma, South Florida Water Management District (via DHL)
Ivan Rodriguez, Miami-Dade County School Board (via DHL)
Clifford A. Schulman, Esq., Greenberg Traurig (via hand delivery)
Catherine Colonnese, TRG-Alaska I, Ltd. (via hand delivery)
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 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 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 1. 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. 01-4921-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 I (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 (a/k/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 (a/k/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.
SECTIO~ S. 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 6. EFFECTNE DATE.
adoption.
PASSED and ADOPTED this 28th day
,2004.
ATTEST:
~ 71 ~ ' E~ )[1 iZ--tl-~Lc~
CITY CLERK a
~
. Por .::Jl.,-
PLANNING DIRECTOR
713"/09-
DATE
APPROVED AS TO
FORM & LANGUAGE
&FOREX~N _
~A~ ;:
1/7-1 It/I'
DATE
T:\AGENDA\2004\JuI2804\Regular\1667 - FLUM ord 7-14-04.alternate.DOC
COMPOSITE EXHIBIT "A"
LEGAL DESCRIPTION:
A Parcel of land located in Section 10, Township 54 South, Range 42 East, City of Miami Beach,
Miami-Dade County, Florida, and being mare particularly described os follows:
Commence at the Northeast corner of Lot 3, Block 8, South Beach Subdivision os recorded in Plot
Book 6 at Page Ti of the Public Records of Miami-Dade County. Florida; Thence S10'47'31" W
along the Easterly line of said Block 8 for 111.76 feet to the southeast corner of Lot 1 of said
Block 8;Thence N 65'35'12" W along 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 Black 8 for 208.59 feet to the Point
of Beginning of the hereinafter described parcel of land; Thence S 57'41'41" W along the
Northwesterly line of Parcel II as shown on Fortin, Leavy, Skiles, Inc. survey drawing number
20010-061-1 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 0 104.49 foot radius curve
leading to the right through 0 central angle of 11'54'26" for on arc distance of 21.72 feet to 0
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, Range 42 East, City of Miami Beach,
Miami-Dade County, Florida.
- Bearings hereon are referred to on 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 0 "Boundary Survey" but only 0 graphic depiction of the description
shown hereon.
- Dimensions shown hereon ore based on Fortin, Leavy, Skiles, sketch #2001-061-1.
SURVEYOR'S CERTIFICATION:
I hereby certify that this "Sketch of Description" was mode under my responsible charge
on July 21, 2004, and meets the Minimum Technical Standards as set forth by the
Florida Boord of Professional Surveyors and Mappers in Chapter 61 G17-6, Florida
Administrative Code, pursuant to Section 472.027, Florida Statutes.
"Not valid without the signature and the original raised seal of a Florida Ucensed Surveyor and Mapper"
FORTIN, LEAVY, SKILES, INC., LB3653
By:
--------------------------------
Daniel C. Fortin, For The Firm
Surveyor and Mapper, LS2853
State of Florida.
Drawn By JJB ( SKETCH OF DESCRIPTION I Date 7/21/04
Cad. No. 031069 FORTIN, LEA VY, SKILES, Scale as shawn
Ref. Dwg. INC.
2001-061-1 CONSULTING ENGINEERS, SURVEYORS & MAPPERS Job. No. 041300
FLORIDA CERTIFICATE OF AUTHORIZA nON NUMBER: 00003653 Dwg. No. 1004-091
t 80 Northeast 168th. Street I North Miami Beach, Florida. 33162
Plotted: 7/21/04 11:090 Phone: 305-653-4493 / Fax 305-651-7152/ Email fls@fIssurvey.com Sheet 1 of 2
I 0 IlJ
II) J
I ffil ~
I II. >
I ~ c(
I "1
I S87'38'5,U! _ _ _ _ _ _ _ _ , _ ...., ~ = = = =
L__.,-__________ I I I
I I I Z I
I I I 0 I
I POINT OF I I!; IJJ I
I COMMENCEMENT I VJ V
I I NORTHEAST CORNER OF I I Z Z i I
I LOT 3, BLOCK 8 _ I _ i iJJ :!:f- - - c- _
----------- r (J))~ 1~~cC
__\___,-:.,=~,,--L- n:--@ - ~ ~ fEID---1-;: ((~/: :CPB','"
\ \ [ID ,,,.. _ . "" " I LOT 2;; io~ I L 0 1 , L 0 I
:3 I f... ";:' L 0 1 , I
\ \ N87'37'54"E LOT to _ _ _ +- -,.: I I
42.66' " SOUTHERlYL"'EOF:>.. MONUMENT '"""-L ~ T 1. 1 & ::: I I I
\ \ _" LOTS 1 ANO "LOCK' "S87'37'54 "5$ U; o.Po'
\ ~--------" 208.59' "S',.? RI~~~__,__.J._
,-- A=11'54'~6" ~ '-- ~.~~.
\ ~~~.~:'9 0 i'- . '" POINT OF I ~ HAR~~\
\ /'~ 41.05' BEGINNING I -WL~~C"..~
\ /' NORlHWESlERLV LINE OF MONUMENT 'WEST' I I I ........lOT' fLoI ,""1
/' PARCEL II Of FORTIN LEAVY __
\ /' SKIlE'ORAWING02001.06H SOUTHEAST CORNER '-I...... I
\ /'/' /\ OF LOT 1. BloCK 8 I I ............1
\ /' /'/' \ I I I
/' /' \ I II ~00,.",_
\ /' ) Y -
y I o'A"
/' I ~..
\ /' I ~~~
\ /' I I
~/' I
\ PARCEL II I I
\ OF FORTIN LEAVY SKILES / II
\ DRAWING #2001-061-1 I I
\ I I
\ I I
\ I I
\ I I
" I I
.............. I I
GOV~ .................. I I
"Y"'Il-t ...... ...... I I
~"''''' ................ -J.. .../
CV.,..
~
$0
""1L
1-~
<$I
""1)..
b J = 1. =:=..L = L..J =..L ='=..L = L..J =..L =I:r L j
SOUTH POINTE DRIVE
I
- BISCAYNE AVENUE
(PLAT BOOt< 6 PAGE 77)
Q
o
I
GRAPHIC SCALE
50 100
I ,
( IN FEET )
1 inch - 100 ft.
200
I
Drawn By JJB ( SKETCH OF DESCR/PTlON I Date 7/21/04
Cad. No. 031069 FORTIN, LEA VY, 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 I North Miami Beach~ Florida. 33162
Plotted.. 7/21/04 11 :090 Phone: 305-653-4493 / Fax 305-651-7152 / Emaillls@flssuTVey.com Sheet 2 of 2
EXHIBIT "A"
(LeaalDescriotion)
H In50n (p,lJf--h.an)
PARCEll: 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 Page 77, of the Public
Records of Miami-Dade C~unty, 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 Southerly 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 di~tant 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-refe'renced 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.
~~~.
<
c
",
:I'
LL
I
>-
E
c
~
c
~
'"
J::
~
:.
>
. CITY OF MIAMI BEACH - """.
NOTICE OF AMENDMENTS TO THE FUTURE LAND USE MAP ~
OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, ~
ZONING MAP AND LAND DEVELOPMENT REGULATIONS
NOTICE TO THE PUBLIC
~E CITY OF MIAMI BEACH CITY COMMISSlON will hold public hearings on the following
ordinances on WEDNESDAY, July 2B, 2004 at 5.15 P.M. in tl1e City Commission Chambers, Third
Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, or as soon thereafier
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 RlTURE 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 4,178
SOUARE FEET, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE," TO THE
RlTURE LAND USE CATEGORY OF MR, "MARINE RECREATION;" AND 2} A CITY-
OWNED PARCEL 5O-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 INCWSION IN THE COMPRF~ENSIVE PLAN,
TRANSMITTAL, REPEAlER, SEVERABIUTY AND AN EFFECTIVE DAT.:.
Zonina MaD Chanae
AN ORDINANCE OF THE MAYDR AND CITY CDMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAp, REFERENCED
IN SECTIDN 142.72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY
CHANGING THE ZONING DISTRICT CLASSIFICATION 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 SQUARE FEET, FROM THE
CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION
MR, "MARINE RECREATION;" AND 2) A PORTION OF LOT 18 AND THE 10 FOOT
STRIP OF LAND ADJACENT THERETO, AND A PORTION 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 GU, "GOVERNMENT USE,' TO THE
PROPOSED ZONING CLASSIFICATION CPS-1, "COMMERCIAl UMITED MIXED-USE;"
PROVIDING FOR CODIFICATION, REPEALER, SEVERABIUTY AND AN EFFECTIVE
DATE.
Amendmen1s to ilInd Develooment Reculations
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MI/\MI
BEACH, FLORIDA, AMENDING TIE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRIC1S AND REGULATIONS," ARTICLE II,
."DlSTRICT REGUl.ATlONS," DMSION 12, "MII-MARINE RECREA11llN DISTRlCT,"
CLARIFYING PURPOSE, PROVIDING FOR ADDITlONAI. MAlN PBlMITTEII USES AND
PROIIIBmNG CERTAIN USES, AND EXCUJDING FIUt'I FLOOR AREA REQUIRED
PARKING FOR ADJACENT PROPERTIES; AND DIVISION 18, "PS PERFORMANCE
STANDARD DlSTRJCT," MODtFYING HEIGHT, MIMBER OF STORIES, SETBACKS,
R.OOR AREA RATIOS AND AlLDWING RElURED l'ARICING IN THE CPS-1 AND CPS-3
ZONING DISTRICTS FOR DEFINEl PROPERTIES, CIARIFYlNG HOW SUCH REQUIRED
OR PUBoo PARKING RBATES TO FlOOR AREA AND IS AI.1.OWEII, AND FlOOR AREA
IS DlSlRlBUTED, THROUGIl COVENANTS IN UBJ DF IIITY DF 1TTLE; PROVIDING FOR
REPEALER, SEVERABRJTY, COOIFICA11llN AND AN EFRCTIVE DATE.
Pursuant to Section 286.0105, Fla. Slat.. the City hereby advises the public that: n a persDn decides 10
appeal any decision made by the City Commission with respect to any mafier 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. Thi~ nntice
does not constitute consent by the City for the Introduction or admission 01 otherwise inadmissihle: or
irrele~nt evidence, nor does it authorize challenges or appealS not otherwise allowed ty law.
Inquines may be directed ID the Plannrng Department at (305) 673-7550. Copies ot Ihese ordi"anc",
are available for public inspection during normal business hours in the planning Department I}ffjces
1700 Convention Center Drive. 2nd floor, City Halt, Miami 8each. Aorida 33139. This meeting may b!
continued and under such circumstances additional legal notice will not be provided.
To request this material in accessible format. sign h3nguage interpreters. information on access!
persons with disabilities, and/Of any accommodation to review any document or participate in a!,y
City-sponsored proceeding please contacl (305) 604-2489 (voice). (3051 673-7218(TTY) five d.y' ,.,
ad~ncc to initiate your request. flY users may also call 711 (Florida Relay Service). (Ad #0274)
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
lD
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 (AlKJA 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 of the 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
Clt 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\Regularl1667 - FLUM pblc hrg 7-28 sum.doc
AGENDA ITEM Rs C-
OATE 7-J.~-QC;
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 \ A/'.~t:./
City Manager U . l)
Future Land Use Map (FLUM) Change
Public Hearina
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,
I 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,
I 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.
<g.
~
a
~
~
~
ROS
o
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 of3 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 corrmercial 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 LOR amendments, recommending
adoption ofthe 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
Summary 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 BDard 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 luse 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.
Reqardina the developer's portion:
· Residential uses are preferred, with the exception of an accessory restaurant.
· The placement of residential uses on the south side ofthe 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 Planning 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 7, 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
Representatires and the Developer on July 12, 2004
The ORB 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 .:t 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) Le. 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 pDtential
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 cpmmercialization 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 sec~ndary 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 additiona/7,1 00 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 +/- 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 ofthe 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 dfte set for the 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
I
T:\AGENDA\2004\JuI2804\Regular\1667 - Flum chng pblc hrg 7-28.doc
\ \ l!:'~ '~': ~;;, // L E'~ 1"-11 ~O-......
I r '~:!" ".. -=:::.... ,c.. r=." ~ AI
. \" N.. Ilo... R -i~ #. n ' 13"
I,: .:- , n ..... 7 ~--:;J . R S, " ,. ~ ~ ~ J. ~
:,.. I ) 1. 7..t:J /. 4 '1'
i'" ,~ /~. _HINT;:;: ,
t" . tp 9--'t:. I :s;;:::
_ + u a-..r." : ~ I I ~
.._" ;'l: 7.......;:0... // to Z I..l
l' " , " ' ~~
_ n I"... Hili' ::T1 ~
N
. n
"," ~
1('1 '.:..: ;: ~ ~ ~l> to ot ~~ ,.,WkP~~ ~
, II.' ::.. -:r:I'" .r ~~ ~r? ~ 0. '"
,i ('1\, ~ -..... 8 ~J:;il, L..'lr,. ,
~ , ' =<I, ~II"''''I :,.....:..., ;a=, .!J:-" h
, \\ \\ ,', ~ " ;u;t
\ .... ' n:t . ~-.d' I ,
\ \\ ~' ' , ... ... z' "
,.~ .' .. L 3 . 0
r' 'i'o\l.IUfoi S. ..~ ''; "Z ~it; f ~~ ~L
,f.\'.:lV ': piN ..." /. III ~LI..1D: U b.
;:.01' ...... _' .J lrr,Jrd~ - jt
~~ ~ \' .,,~. 3~r~~
...
~a. N
'\ ~ ;': .' I ;'.
'~" : N' - "N'"
:\ m
, )' ~ '
~.;.~, ' Of, '\ ," ~
c,>~"""" \) _MM.....o;r
'. 'q;;... \'1/ ~1!lI.""'L~ i~" 1J
'- '1-ot<~ ~" ,.
"" ~< ''-.J:!/,!...;.J ~ .. , " ",:::: 7,
"'-'<: . ~ ;RESENT: CPS-3 ',' "..,~_,~_<- J I
.....,'-' Ip:OPOSED: ROS 0: ...... ' " ~ N6t,' I,
"- !:R~~~~~:D~~~ ~~':E. &~fJ $t~~ ,;;d:~e!
''-'-.;........., 't>,:~fJ"lf " I
~ ... .....":.......... "" ,. ~
- ,,: " '-', .............., "-,.'~ ~ ""'- I
~___ ' .....'-'-'- ' .'--.....: - '''-... ...,,~ p~... ' ' I, 'I'
'_._,-==-- ,"':'0::::::::- '~.:7,'.:::". ..........' '-"'~ '""... ~
_ "'-'=' .-:-,.,-, ,..' .;.... .,...~' ''-'' ...... ........,&0 \ ~... I .
"V. ""'- "'~4 '-"'" . ........... ~~ ' \ ~' "
! '-< :v~-"V '1.,- ..............~' ~"
..,.... ~ c~. .. '~~ ..~
~. .>~
~~ ................"
"
...
~
- 0
~1l&J~ j, ~ -1
f~m~ cEt
.T'I13~
:W zq,
~i
r iJ[;
<<
\
~\
~\\
.~>
~~)
//
.//
4'
,
18 ".
""
?
...
... .
----
!....t
Q~
t-:...~"
!
~;I
.
.....".
L.t
1~
- ,--..... ,.
1/,
,Il
.,
~
C
>
, .1lJJ
.~Wj
, .. r '1/}
.. L1i7fliift r. ::;
> rM:;/Fij ~ ~
, ~
"~13
.'.,
L '
tf-, H::1 Fi:. Ii
:~W
..
'".. f'lJ.:j
.. 7 'lf~L-.
.
>
,.
tV,.
iJtUil~
~~-
..
,-,'
.
N ~
,.
.
,
I
I
..
'!J,
., .' J
41
QI
~r <:5. J J . /
~ ~' J! j
',".f '
i ;'
,;;;, 'I
:
III
o i.
I.
, 'V~~ ~1.oo/lf>alf1r3'
f@l'i)- [). OIDl!l1O '
. I
I.
.)1
"7\.. .
4. "r
.,1
. ell
~t
U~
en..
-1&/
=~
..~
'Zlllr
;-0
Z .
g~
I-Z
C!~
!;Ii
en-z
S;;:
UO
;",=:
~z
=>>8
ti ..
=>>;
I~
co
0"'=
zw
enD:
-c
111111
1:,.
1>>"'"
==
I-t-
'.
rf\CIAL Af.ll ·
o '" C)OPTED NOVEMBtR ~. ,.,. j:J.
.t"" . ~/92l)
OF" THE
~:,;. \.::
~ '.
~..~~\
'~) '.' CLTV OF
, . . "
~:~~MIAMIBEACH
. .~ ).- FLORIDA-
. . i. ._'.L..::
.'
'.INCORPO,RATED 1917
. ,
~c:oMPIL~ .FROM REYfS!]j. PL,,\TS AND DATA IN Th'E ClTYENGINEfRS OFFICE.
-fRANK G. AYMONIN. REG. 9'GR.. NO. 5241 . CITY ENGiNEER
- .
. .
SCAI &:' IN FEET - · 'e" - _
.Fu-rU-RE LAND. U,SE M:A,P'
(RECOMMENDED FOR TRANSM1SSI0t4 TO THE
' . STATE:SY THE COMMISSION JAN. 6~ 1994)
SCALE: 1 INCH =: 600 FEET .
,_PAR~O SVTHSCllYQF ,
J1;tA'HNINGOEMffT' ,
- UPDATED JULY 20.,.1999
/
I
i
/.
i
,
.
,
I
I
i
j I ,.
r'l
i '/ '.....,
! f '...
,,' ~ilS_ ilNI'"N .
K '":)119 HNI"S
~~~~~~~tttt~~~~6t~~,~~ai Cll
.!!! ::a III .(It (It (It (It W,N ~ (It (It (It W N ~ ,,;
. =: .... W N ~ . ... W.!:"'. ::a: ....J
~ ~.. N 0 -,
~~~~c:"c!:::a~nnnnJ~n~====SS!:(It~ c:
~~c:c: n~"'~OOOOQOOQ=",~=c:c:c:zc:'~
~~!!~z=g~!:.S~.!:!:I-~--~~~n~'m
z"'nn5~Z~~IIIII!:lziiii~~~~~1
n ~ ~ ~ ~ ~ : :! = ~ ~ ~ ~ ~ ~ ~ ; ~. !i !i i i i ~ ~i .C:
~nnQC:~Q SSSSSSSlll~SSS_~_S~I'
acc~=.:~rrFrrrr ;rrr~~~~~fZ
~E..~E_ SI'g!! ~ i il i.' ,.3J.i I ji: B 6;';' 0
,:0 ~ III ::a 0 0 ... III '" Z - Z 0 0IIl;; n z 0 .L; n a :.e = ~:
~::agE Z"~~lm~'-~i' "'i2~~2--Z!C:
"'~nn ~mZ2-~O!i!:... ~~gz!:ZiZ
~,,>o (ltl~~~.",-~ III~2=.-=za ~
~~:!OC: ~z'''s2!:~~~(n '~e!:zZ....~~= m
w_ (n -"'i~ III-;~ -_ (n _~'"
~ ~ = ~ (n 0 ~ ~ ~ -< . ~ = I.~ i ~ ~ n
!:l~ r; e :HI:t . ~'!!! ~ !l! ~
Ii . ~ . :~I ='" m.~._~~. ~ ";l"m'
.2! r ..~. , ~. C)-
~'i .. .. ci~ 0
'" ~~
-= _ ,,0; ~
... "':-
,. !:. m
I ;' CI)
---"':'r ... .
!!
.~
'.'
~
!'II
....
n
S
i
!;.
I
~~~~m~~~B~~O~~~XX
Oo~O<~~m~~O~~e~Z00
.~ Fm~)>~~n>""'mm~-t
.. .... 0 ~ ~ E =R ~ c ~ 0 ~ ~ ~ ~ ~.O 0
~1:1" ~--o...~;e!'l;.~!C;~)>~~
:~~~~~~g~~~~~m~~~~~
.J C z"< ?< ~ !iI! rii ~ ~ !; 0 i-~ (I) :!!ii .
I~~a~~m~~~z!;~~~p~i
~~~>P~)>o~m~o~<~55
~C5 z<~!:0C5~-)>05.:a.~~
O. C=oCi)~. ~::!!C~m"~~
~~ ~~~i~s~~~~~ .~~
.~ L ". .'. m g. t.. <::!-<:t!~, 00._
,'" VI m, ~ lZ. .~. O~CilJlo c:;:q-
!i> ~ CS::t ~ ~ z :;, <. =R .: 5! 5!
~ ::!! < ::!:! :;, ~ G;-~ 00'" ::r: % .
in Ci) 'i:'Ci)- ~ ~'. ~o )>')>.
. m. Ci) . (5< ~. r-r-
:S :S <: ''>>?5.:!! on ..
....... ~~...~.~~....~~~~.+..~. ~ ~"'~';'
. -.---.- . - - --~ "--.-- -._" - -- ----~~ -'-. --. -. - --'" .. .. .
..... .....
I I
~....
G>cn
\.3-
1....\
I.
.~.
'-:~:.~
.~~~
;p
. .......
'.
....~ 1...- ',',
~~~~~:~.
"., -
....
I
./
/
/
.
I
!
f
i
"
I
!
I
/
I
i
I
,
I
I
/
!
/
;
i'
f
I
! .
t ,~.,
'.
· ~. [' ~"'It...
LI lti" v
.. I.;
. J / /
II /
.' ,./'.
,
/
I
/
I
. 'v~. [;j r....OO!lPtijr:lCf
~W~-(). O.q~ .
. I
I
I~
~ j"
..,
.en
.>~
!-z
:U :5
en!-
=111
t::~
;ill!:
,-0
Z ~
g~
!-Z
~~
!!i~
enz
en-
SII.
<.>0
;.,~
~Z
;)0
...~
5;
gill
ll!:~
~o
oZ'
ZIII
enll!:
-cc
111Ilol
a: a:
"'1iI
zz
......
. ff\CIAL #"fA ·
o .:A. DOPTED NOVEMB~ '::l Atj:)
t'" . ~'92t)
OF THE
~'.; r<
~~&;.'~ ..... '. ... '
~.. "
- .
",~. ~
". .. ," ~. .."~ \
..,~ ~",
."'~.~~.! CI;TY OF
~:::~MIAMI BEACH
~ ) · FLORIDA ·
~ ;. {".;'
) '~
; '.INCORPORATED 1917
.COMPILEPFROM REVISED PL',TS AND DATA IN THE CITY ENGINEERS OFFICE.
FRANK G. AYMONIN, REG. EI\'GR.. NO. 524f . CITY ENeJNEER
..
SCAI s: IN FEET. ...... ti " _ _
Fu-rU.RE LAND USE MAP,
(RECOMMENDED FOR Tr!ANSMtSSIOil4 TO THE
. STATE. BY THE COMMISSION JAN. 6, 1994)
SCALE: 1 INCH ..: 600 FEET
-
:PREPAR~D BY THEelTV OFJII
.PLAtIINING OEPAIf'1' '.,.'
~[~;~;'~)::;:iL~':-"::~',-:,:,,::,.
J
~~~~=O~~~~~99~=o~~~,i,~i'C~
.!!! = en ,.. en cn en en W N ... cn en en W N ... ;,:
'::C ~ W N ... ".. W .... _, -f
o ._.
- " N 0 c:
~~"~c:"c~=~nnnnJ~n~====lIlIilen~
~~c:c: ~~"'~OOOOOOOO"''''''''''C:C:C:Zc:'~
=~!!!::C=~"'lIilil~lIillll~~~~~~~~~im
z S n n n ~ ~ ~ g 11I1 ~ ~ E z ~ ~ ~ ~ ; ,. ,. r;; ;:!,
~<~~~~=~cn====~=.2~'.~~)Ii~~~~!>1
~ ~ ~ n c: ,.. 0 ,.. ant! non n ~ sl- s; s; II II II S IIi '
---=cnnz"'~itS;~~s; ~~rrFFF-Flz
occ~~.~~r~rrrrr 0 ~~~~~
,i;.~i~U~H~un~U~~~h~! 0
~~~i ~~j;le~!i! "'!,Iii!~i s
~,,>o en,..,..,..~.,..z~ ~~2=,-",zo_1
m~gc: :z'''II!~~~en 'en'illz~~~= m
J~: ~~~~~!~~~ ~~I!S~~i n
o.!: 0 ,.. Teen ~ Z; fit _ ,.. >
~! :&=,.. ~~ ~~-f
,.. ~ ~ ,.. ooi( ooi( ~i m'
.:! r.'~ ~i C)-
~,.. . (S~ 0
,.. "i"" IIIJIII
~ · 2; ~
'.. ..;i:-
~ II m
I ~' (I')
-----.'r ~
....
n
..,
,~
:w'
e:
.
!:
F'
!'II
~.
n
..
t
~
I
n
~.
..
I
~~0~m~.~~~~o~~.xx
O~O<0~m)>~o~~e~Z00
,~ 0 F m -t > -t "U 0" ,. ,. I' m m -t -t
.' -t 0 0 ~ E ~ ~ 6 0 5! 5! ~ 5! ~ ~,O 0
00.. 0--0-t~<!'l;.1<0>~;:U
'~~~~~~g~~~~~~~~~~~
cz<~~m~z~~oiZ0~00
~~5~~~~~~z~~~mp~i
>~w)>p~>o~~~o~S~oo
-tei) Z<-tCOC5..->oo~~-t
0- C=OCi);:u. ~~C::UmC000
~~ ~~~i~~~~~~~ '0Z
~ !' " .. mO C eo. < ~ ~ ~::u. 0 0
- VI m ~ Z I 0 0 \II )> c: ::u
Ci) 0 --t::U ~ .. - ~ -t-t
- .. Ci)'.. 0 oz~<." ":z::z:
>< "....... en-.. -0"
j" , < - ." .. Ci) --"_',' :z: %
01 C5 ~Ci)- .,,-..>>
s_ SP< ~~~.' E;;E;;
,. ., \11__
!: VI t . ~ <:.;. :.;..
)>" 0. (S(SI
.........___... .._.._..n.__..__,...-__......_.._._... ___'_.~.._"_ _ ..., _~._...~... ..
~....
I I
~~
enOl
, ,.~
-,
'-
i~\
i
;........
/.
. "'-: f--.,~ I. "":.
~.~t~~.., \~~)-'. :..
'~:~-.
/
I
/
I
/
,
J
!
i
(
I
I
i
/.
i
,
,
I
I
J I
i II,
I'
.i ';;.,'
I
.. ,-:.-s_ aNI"N .
K '~.S ;iNI,'S
I (
"'/:': /' -
, ,
r '.
. f I
....,c,.!.,: '
- '- :" . I'
. I r
I J;
I "H.O n"
I $I'" . .;:+.~,
'/"1 '".,
", ...
J .
f.
! j
II
l- /
';...1
<;24
..,.
o
o
N
>-
...J
:;J
...,
>--
<(
o
z
:;J
U1
CITY OF MIAMI BEACH "....
NOTICE OF AMENDMENTS TO THE FUTURE LAND USE MAP ~
OF THE CITY OF MIAMI BEACH COMPREHENSIVE PLAN, ....
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 ChambBlS, Third
Floor, City HaJi, 1700 Convention Center Drive, Miami Beach, FlorIda 33139, or as soon thereafter
as these matters can be heard:
FWM Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE FUTURE lANO 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 mIANGI.i," APPROXIMATELY 4,178
SQUARE FEET, FROM THE CURRENT ROS, "RECREATION AND OPEN SPACE,. TO THE
FUTURE lANO USE CATEGORY OF MR, "MARINE RECREATION:" AND 2) A CITY-
OWNED PARCEL 511-FEET WIDE FRONTING ON BISCAYNE BAY, OF APPROXIMATELY
4,600 SQUARE FEET, ON BLOCK 8, SOUTH BEACH PARK SUBDMSION (AIKIA
HINSON PARCEL) FROM THE CURRENT CPS-3, "COMMERCIAlINTENSJVE MIXED-
USE," TO THE FUTURE lAND USE CATEGORY ROS, "RECREATION AND OPEN
SPACE;" PROVIDING FOR INCLUSION .IN THE COMPREHENSIVE PlAN,
TRANSMITTAL, REPEALER, SEVERABIUTY AND AN EFFECTIVE DATE.
Zonina MaD Chanae
AN ORDINANCE OF THE MAYOR 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 ClASSIFICATION 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 mIANGLE," APPROXIMATELY 4,178 SQUARE FEET, FROM THE I.
CURRENT GU, "GOVERNMENT USE," TO THE PROPOSED ZONING CLASSIFICATION
MR, "MARINE RECREATION:" AND 2) A PORTION OF Un: 18 AND THE 10 FOOT
STRIP OF lAND ADJACENT THERETO, AND A PORTION 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 GU, "GOVERNMENT USE," TO THE
PROPOSED ZONING ClASSIFICATION CP5-1, "COMMERCIAL LIMITED MIXED-USE;~
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
Amendments tn Land Develooment Reaulations
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 DIS1RIClS AND REGlIATIONS,. ARTICLE n,
"DISTRICT REGULATIONS," DNISION 12, "MIl-MARINE RECREATION DISTlIICT," , .
aARlFYlNG PURPOSE, PROVIDING FOR ADDI1lONAI. MAIN P8lMITTED USES AND
PROHI8II1NGCERTAlN USES, AND 8ICllJIlINGFROM FlOOR AREA REQUlRBl
PARKING FOR ADJACENT PRllPERTlES; AND DIVISION 18, "PS PERFORMANCE
STANDARD DISTRlCT," MODIFYING HEIGIIT, tIlMBER OF STORIES, smACKS;
FlOOR AREA RATIOS ANDALLOWlNG REQUIRED PARKING IN THE CPS-1 AND CPS-3
ZONING DIS1IUCTS FOR DEFINED PROPERTIES, CLARIFYING Hm\I SUCH REQUIRED
OR PUBLIC PARKING RELATES TO FlOOR AREA AND IS ALI.IIWED, AND FlOOR AREA
IS DISTRlIIUfED, THROUGH COVENANTS IN UBI OF lIlITYOF TITlE; PROVIDING FOR
REPEALER, SEVBlABIUIY, CODIFICATION AND AN EFFECTIVE DATE.
Pursuant 10 Section 286.0105, Fla. stat" tha City hereby advises the publiC that: If a person decides to
appeal any decision made by the City Commission w1thfespect 10 any matter consklered.al Its
meeting or its hearing, such~person must ensure that a verbatim record of the proceedlnlJlL~made,
which record includas the lestlmony and evidence UPOll which the appeal Is 10 be based. This notice
does not constitute consent by the City for the Introduction or admission of otherwise Inadmissible or
Irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
Inquiries may be directed 10 the Planning Oepartment al (305) 673-7550. Copias of these ordlnancas
are available for public Inspection during normal business hours In the planning Departmenl offices,
1700 Convention Center Orive, 2nd floor, C~ Hall, Miami Beach, Rorida 33139. This mestlng may be
continued and under such circumstances acJdillOllallegal notice will not be provided. .
To request this material in accessible format, sign language Interpreters, Information on access for
persons with dl<;al)lllties,lI!1d1or ""y accommodation 10 review any document or parllclpate In any i '
city-sponsored proceeding, pleaSe contact (305) 604-2489 [volc,), (305) 673-7218(TT'1) fl~'days'ln I:
advance to Initiate your roauest. m users may also call 711 ~(l'Iorida Relav Service): IAIHI02741:
,
o
...J
<(
'"
W
I
W
I
f-
E
o
u
-0
~
'"
J::.
~
;:
;;
ro
:L
I:
~
o
o
N
<Ii
UJ
Z
:J
-,
>'
<(
o
Z
:J
(f)
o
..J
<(
~
UJ
:t
w
:t
....
E
o
L!
:s!
(:!
"
.c
~
;;
;;
r1";
l..
~-""-'"--~.'~-"~W""~-"__C'''''''_'_'''"''_''~_''''"",J<'''''''''''''''''"''''''''''_''''~r~="'7<_""""_""",,,,,,,,,u,,",,,,,,,,_,,,,-,",=-,,,,,,,,,,,,,,~_,,,",,,",,,,,~,~~~~,_
Torn between a Caribbean cruise
and r.iver rafting?
Find Travel Solutions in .Sunday's Herald.
ro
..... NOTICE TO THE PUBLIC
PUBLIC NOTICE IS HEREBY GIVEN that the Miami Beach Planning Board will hold a meeting on TUESDAY, June 22, 20011 in the City
Commission Chambers, Third Floor of City Hall, located at 1700 Convention Center Drive, Miami Beach, Florida. During this meeting,
the Planning Board will hold discussions and pUblic hearings on the following matters, not necessarily in the same order as listed
below:
1 :30 - Olseussion 01 Planning Issues
1. Planning Board by-laws - adoption 01 proposed amendments.
2. Presenlallon and discussion 01 a draft ordinance relative to Single Family Demolition.
3. Olseusslon only: An Ordinance pertaining to demolition procedures for non-designated multi-Iamily and commercial properties.
4. Discussion regarding an amendment to the City Code increasing the Minimum unit size lor new construclion _ Referred by the City
Commission
5. Discussion of issues relative to nightlife/residential conflicts.
PORTOfINO SETTlEMENT-RElATEO ITEMS: TIME CERTAIN AT 3:00 P.M.
1. Review 01 Proposed Concept Plan. Relerred ill the Planning Board by the City Commission on May 26, 2004.
2. File No. 1667. FLUM Amendmenl. The applicant, TRG-Aiaska I Ltd.. Is requesting to amend the Future Land Use Map of the
Comprehensive Plan of the City 01 Miami Beach by changing the Future Land Use Designation for the following parcels: 1) a portion of a parcel 01
land more commonly known as the "Federal Triangle," of approximately 4, 17B square feet, from the current ROS, "Recreation and Open Space," to
the Future land Use Category MR, "Marine Recreatjon;~and 2) a City-owned parcel of land fronting on Biscayne Bay, of approximately 4,600
square leet, being the west 50 feet of Block 8, South Beach Park Subdivision (alkla Hinson Parcel) from the current CPS-3, "Commercial/ntensive
Mixed-Use," ill the Future Land Use CategO/y ROS, "Recreation and Open Space.
3. File No. 1&68. Zoning Map Change. The applicants, TRG-A1aSka I Ltd.. and TRG-AlaSka iii, LLC., are requesting to amend 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 Classification for
Ihe following parcels: 1) a portion 01 a parcel of land, approximately 4,178 square feet, more commonly known as "Federai Triangle," Irom the
current GU, "Government Use," to the proposed Zoning Classification MR, "Marine Recreation:" and 2) a portion of Lot t8 and the 10-loot walk
adjacent thereto, and a portion of Lots 29 and 30 and the 10-foot walk adjacent thereto, Block 51 of the Plat of OCEAN BEACH FLA. ADOITION NO.
3, from GU, "Government Use," to CPS-l, "Commercial Limited Mixed-Use."
4. Ale No. 1669. ComprehensiYll Plan Text Amendments. The applicant, TRG-AJaska I, Ltd. is requesting to amend the text of the MR,
. "Marine Recreation," Land Use Element by including among other permitted uses: parks, bay walks, resldentlai, and required parking for adjacent
properties not sepa,.ted by road or alley, prohibiting other certain uses and to provide that in no case shall the intensity exceed the current floor
area ratio (FAR) of 0.25, except that required parking for adjacent properties not separated by road Dr alley shall not be included In permitted tloor
area.
5. File No. 1670. Amendments to the Land Development Regulations. 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 Regulations," Article Ii,
"District Regulations," Division 12, "MR-Marine Recreation District, "providing for additional main permitted uses, and prohibit other certain uses,
and exclusion from caiculation 01 floor area for required parking from certain adjacent properties; and Oivision 18, "PS Perlonnance Standard
Distric~ "mOdifying height, number of slories, setbacks, floor area ratios and allowing required parking in the CPS-! and CPS.3 Zoning Districts for
defined properties, clarifying how such required parking relates to lar and is allowed through Covenants in Lieu of Unity of Title: Providing for
Repealer, Severability, Codification and an Effective Date.
6. File No. 1671. Portolino DRi - Nollce 01 Proposed Change. The applicants, TRG-Alaska I Ltd., and TRG-Alaska iii. LLC. are requesting to
amend the Portofino Oevelopment of Regional Impact (DRI) Development Order, as adopted by City of Miami Beach Ordinance No. 98-3121, by 1)
filling and bulkheading the eXisting boat basin on the Alaska Parcel and 2) adding approximately 7,200 square feet 01 lands to the OR!.
REGULAR AGENDA - 4:00 P.M.
Proares.q reoort
1. Ale No: 1653 - 1300 Ocean Orive - Care Cardozo
Previouslv Continued Items
1. File No. 1666 - Minimum and Maximum Lol Regutations In the RM-l within lhe West. Aven'!8llvet!ay.Olstrtel. An.Ordi~.anc~ o~ ~h!
CITY OF MIAMI BEACH
PLANNING BOARD
NORTH BEACH
~:Z,~.~:.L, ':lIII .
63rd 8t1
flyover ~
be torn f
II The state will proceed
with plans to demolish the
63rd Street flyover despite
a Beach commissioner's
last-minute proposal to
save it.
BY CAROLINA ZAMORA
czamora@herald.com
The Florida Department of
Transportation will move
ahead with its plans to remove
the 63rd Street flyover in
North Beach despite a last-
minute effort by Miami Beach
Commissioner Richard Stein-
berg to keep the tlyover intact.
Steinberg, who has previ-
ously supported tearing down
the tlyover - while on the
'city's Transportation Board
and as a member of the North
Beach Development Corp.
Board - said he changed his
mind after discovering many
"inconsistencies" with the
DOT's study.
"The impacts of the
removal of the tlyover would
. be so horrific that North
Beach and everything that has
been done to revitalize it will
be thrown out the window,"
Steinberg said at the May 26
City Commission meeting,
where he unsuccessfully pro-
posed a motion to cut off the
county's Metropolitan Plan-
ning Organization's funding
....... ..'ho. .......-n.;o.....t 11,,'''1,0 p"tirp
SMAll SCALE DEVELOPMENT
AMENDMENT
SUBMITTAL FORM
1. Name of Local Government ~it\1 of- fVllaMi 13mch
Person completing this form~( d Lov bet Phone numbe~' ttA-3.
of small scale development amendment was published _
Date publication noticed~v' -& vune W, !<XJL/ O-f\d..
(please attach a copy of the notice) . Cttvj (V\rvuSS"JO() .Ju.ly 1/ ( 2OD~
2. Number of acres of small scale development amendments contained in
package:
a. Within Urban Infill, Urban Redevelopment or Downtown Revitaliza-
tion as defmed by Section 163.3164, Florida Statutes (F.S.).
b. Within Transportation Concurrency Exception Area pursuant to
Section 163.3180, F.8.
c. Within Regional Activity Centers or Urban Central Business Districts
pursuant to Section 380.06(2)(e), F.S.
d. Outside categories a., b., and c.
0.\1 acres
3. Cumulative total number of acres of small scale development amendments for the
calendar year:
a.
b.
Categories listed in Item 2, a., b., and c. above.
Categories listed in Item 2, d. above.
o. II acres
4. Total number of acres of small scale development amendments in this package
~at are located within a coastal high hazard area as indentified in the comprehen- 0 I /II ,f 0<::
Slve plan. .1 U.cf~
Pursuant to Rule 9J-11.015(2), Florida Administrative Code, this form must be mailed with all small
scale development amendments as defmed by Section 163.3187(1)(c), F.S. to:
Department of Community Affairs
Bureau of State Planning
Plan Processing Section
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 488-4925
FORM RPM-BSP-SMALL SCALE-1
CITY OF MIAMI BEACH
PLANNING BOARD
Staff Report & Recommendation
~
-
-
To:
Chairperson and Members
Planning Board
Jorge G. Gomez, AICP }h~
Planning Director \ '..-J
From:
Date: June 22, 2004
Subject: File No. 1667 - Amendments to the Future Land Use Map (FLUM)
of the Comprehensive Plan
The applicant, TRG-Alaska I Ltd., is requesting to amend the Future Land Use Map of the
Comprehensive Plan of the City of Miami Beach by changing the Future Land Use Designation
for the following parcels: 1) a portion of a parcel of land more commonly known as the "Federal
Triangle," of approximately 4,178 square feet, from the current ROS, "Recreation and Open
Space," to the Future Land Use Category MR, "Marine Recreation;" and 2) a City-owned parcel
of land fronting on Biscayne Bay, of approximately 4,600 square feet, being the west 50 feet of
Block 8, South Beach Park Subdivision (a/kJa Hinson Parcel) from the current CPS-3,
"Commercial Intensive Mixed-Use," to the Future Land Use Category ROS, "Recreation and
Open Space."
~.
~
~
~
~
~
RPS.4
'.'-"
ROS
o
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.
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 the
Planning Board
File No. 1667 - FLUIVl Amendment
June 22, 2004
Page 2
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 CPS-3, "Commercial
Intensive Mixed-use," to the Future Land Use category ROS, "Recreation and Open Space, and
as indicated on the attached graphic.
REVIEW CRITERIA
In reviewing a request for an amendment to the Future Land Use IvJap, the board shall consider
the following when applicable:
1. Whether the proposed change is consistent and compatible with the
comprehensive plan and any applicable neighborhood or redevelopment plans.
Consistent. The proposed change would continue to foster the goals to develop the
City in an appropriate manner as directed in Policy 1.1 of the Future Land Use Element
of the Comprehensive Plan. This policy states that the land development regulations
should regulate the use of land to ensure the compatibility of adjacent land uses. The
proposed changes would be compatible with the adjacent land uses and would also be
in the best mutual interest of the City and applicant.
2. Whether the proposed change would create an isolated district unrelated to
adjacent or nearby districts.
Consistent - The proposed uses would complement the adjacent park uses and
proposed residential uses on adjacent properties.
3. Whether the change suggested is out of scale with the needs of the neighborhood
or the city.
Consistent - The proposed change of the City-owned 50-feet wide parcel of the Hinson
Parcel fronting on Biscayne Bay would expand the amount of land designated as ROS.
The Federal Triangle is currently ROS; a portion approximately +/- 4,100 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.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Partially Consistent - The proposed FLUM change by itself would not tax the existing
load on publiC facilities and infrastructures; however, the proposed new construction on
adjacent parcels falls under a Development of Regional Impact (DRI) approved by the
City Commission on April 15, 1998 (Ord. No. 98-3121). At the time of approval, the DRI
reserved issues of concurrency (traffic, water, sewer capacity, etc.).
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Planning Board
File No. 1667 - FLUtvl Amendment
June 22, 2004
Page 3
Partially Consistent - The 50-feet wide bay-front portion of the Hinson Parcel is owned
by the City and is designated CPS-3 in the FLUM. The portion of the Federal Triangle
proposed to be changed from ROS to MR 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.
6. Whether changed or changing conditions make the passage of the proposed
change necessary.
Consistent - The proposed amendments to the text FLUM accommodate changes that
have not been done previously and seek to avoid the expense, delay, and uncertainty of
lengthy litigation and to resolve this proceeding which is believed to be in the mutual
best interests of both parties.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Partially Consistent - The proposal to place the required parking for the upland
properties on the MR-designated land may have some adverse impact on the
surrounding neighborhood; however, this possible impact would be mitigated by the
greater amount of public land that would be available for pUblic use.
8. Whether the proposed change will create or excessively increase traffic
congestion beyond the levels of service as set forth in the comprehensive plan or
otherwise affect public safety.
Not Applicable.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Consistent. The proposed changes would permit the construction of the required
parking for the adjacent property owner in a portion of the MR-designated property;
however, the height of the structure would not be any taller than what that land
development regulations would permit - 40 feet.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Consistent - It is not expected that the proposed change would adversely affect the
property values in the area.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
Consistent . It is not expected that the proposed change will be a deterrent to the
improvement or development of adjacent property.
12. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
Planning Board
File No. 1667 - FLUM Amendment
June 22, 2004
Page 4
Consistent . This property has been the subject of long and costly litigation. The
proposed changes and the filing of a subsequent "Compliance Agreement" with the
State of Florida Division of Administrative Hearings will bring to an end the
Administrative challenge filed by the applicant.
13. Whether it is impossible to find other adequate sites in the city for the proposed
use in a district already permitting such use.
Not applicable.
ANALYSIS
The southern portion of Miami Beach extended south to what is today Fisher Island. In the early
1900s, the federal government dredged a cut through the narrow isthmus in order to create an
access from the Atlantic 0 cean tot he mainland 0 f Miami-Dade County, hence "Government
Cut." The federal government retained control of the land on the north and south of the Cut for
maintenance purposes until it was declared surplus and deeded to the City the parcels known
as South Pointe Park and "federal triangle" in 1979, 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 reseNation. The government deeded this parcel 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.
The proposed ordinance to change the FLUM for the portion of the City-owned 50-feet wide
parcel of the Hinson Parcel fronting on Biscayne Bay was never changed from CPS-3 and
would expand the amount of land designated as ROS. The Federal Triangle is currently ROS; a
portion approximately +/- 4,100 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 if the concept plan or the settlement agreement reduces the amount of
the Federal Triangle that is deeded over, this ordinance may be amended accordingly.
Alternatively, if the area deeded to the developer should increase in size, then this ordinance
may have to be reconsidered by the Planning Board.
STAFF RECOMMENDATION
In view of the foregoing analysis, staff recommends that Planning Board recommend approval
of the proposed ordinance to the City Commission.
JGG/ML
c: Gary Held, First Assistant City Attorney
F:\PLAN\$PLB\2004\PB06 2004\Portofino items\1667 - Flum chgs Fed ^&Hinson.doc
DRAFT - 5-25-0~
FILE NO. 1667 - FlL!\I A;\IENDMENT - FOR A PORTION OF THE FEDERAL
TRIANGLE AND .\ PORTION OF HINSON.
ORDlNA~TE NO.
AN ORDINANCE OF THE MAYOR AND CITY COl'-nrrSSION 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
COMMONL Y Ki","O\VN AS THE "FEDER\L TRIANGLE,"
APPROXIMATEL Y 4,178 SQUARE FEET, FROM THE CURRENT
ROS, "RECREATION AND OPEN SPACE," TO THE FUTURE
LAND USE CATEGORY OF "'JR, "MARINE RECREATION;"
AND 2) A CITY-OWNED PARCEL 50-FEET WIDE FRONTING
ON BISCAYNE BAY, OF APPROXHIATELY 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, "RECREA TION AND OPEN
SPACE;" PROVIDING FOR INCLUSION IN THE
COl\lPREHENSIVE PLAN, TR<\NSMITTAL, 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 1. Harris, Jr. Private Property Rights Act, other civil
rights violations and other relief in Circuit Court Case No. 98-13274 CA 0 I (30), and
United States District Court Case No. OI-4921-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, bet\veen 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
\VHEREAS, that Settlement Agreement provides, among other things, for a
Concept Plan for the properties known as the Alaska Parcel, the Goodman Ten'ace and
Hinson Parcels, Blocks 51 and 52 and Block I (the "Affected Properties"), to be
considered by the Mayor and City Commission; and
\VHEREAS. the Concept Plan has undergone citizen review and numerous
public meetings and worbhops through an ad hoc committee of concerned citizens and
has also been review-ed by the staff and has been considered and approved by the City
Commission through the adoption of Resolution No. : and
\VHEREAS, a review of the Concept Plan and the Settlement Agreement
indicates the necessity for moditications of the City Future Land Use Map designations
for the follo\ving properties: I) 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/loa 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 etTectuate 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 pemlit the
developments contemplated in such Agreement and Plan to proceed; and
\VHEREAS, 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 statT 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 \vill be
codified in the amendments below.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF l\IIAl\II BEACH, FLORIDA:
SECTION 1. The following amendments to the City's Future Land Use J\1ap
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 4,178 square feet, from the current ROS, "Recreation and Open Space," to
the Future Land Use category of !vIR, "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 (a/k/a Hinson parcel) from the current CPS-3,
"Commercial Intensive Mixed-use," to the Future Land Use category ROS, "Recreation
and Open Space."
SECTION 2. REPEALER. All Ordinances or parts of Ordinances in contlict 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 bv 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.
SECTION 6. EFFECTIVE DATE. This ordinance shall take effect ten days after
adoption.
PASSED and ADOPTED this _ day of
,2004.
MAYOR
ATTEST:
CITY CLERK
VERIFIED
PLANNING DIRECTOR
DATE
APPROVED AS TO
FOMl & LANGUAGE
& FOR EXECUTION
CITY A TTORL'JEY
DATE
F:\atto\HELG\LITIGATI\Alaska\Settlemem\Resos and Ordinances\File no 1667 FLUM ord 5-25-04.DOC
F:\PLANISPLB'2004'.PB06 2004\Portofino items"1667 - FLUM ord 5-25-04.o0C