97-22534 RESO
RESOLUTION NO. 97-22534
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
ADMINISTRATION TO SCHEDULE A FIRST READING PUBLIC
HEARING FOR AN AMENDMENT TO THE CITY OF MIAMI BEACH
COMPREHENSIVE PLAN CREATING THE SPECIAL PUBLIC
FACILITIES EDUCATIONAL LAND USE CATEGORY AND ZONING
DISTRICT DESIGNATION AND A TEXT CHANGE TO EFFECTUATE THE
CREATION OF SAID DISTRICT FOR THE PROPERTIES AT 2400, 2530
AND 2425 PINE TREE DRIVE AND A FIRST READING PUBLIC HEARING
FOR AMENDMENTS TO ZONING ORDINANCE NO. 89-2665, WHICH
AMENDMENTS ARE PURSUANT TO THE SETTLEMENT AGREEMENT
DATED 10/17/95 BETWEEN THE GREATER MIAMI HEBREW
ACADEMY, THE CITY OF MIAMI BEACH, THE CITIZENS FOR
GREENSP ACE, INC. AND THE DAUGHTERS OF ISRAEL, INC.
WHEREAS, the Greater Miami Hebrew Academy (hereinafter the "Hebrew Academy") and
the City of Miami Beach have filed an application to amend the Zoning Ordinance and
Comprehensive Plan to comply with the terms of the Settlement Agreement which was executed on
October 17, 1995 between the Hebrew Academy, the City of Miami Beach, the Citizens for
Greenspace, Inc. and the Daughters of Israel, Inc; and
WHEREAS, pursuant to the terms of the Settlement Agreement, inter alia, the parties agreed
to support zoning text and map and comprehensive plan text and future land use map amendment
applications to be filed with the City of Miami Beach which would create a new land use category
and a zoning district entitled SPE (Special Public Facilities Educational District), and which said
new district would be designated on the properties to be owned by the Hebrew Academy; and
WHEREAS, on April 29, 1997 the Planning Board held a public hearing regarding the
amendments and voted unanimously (7-0) to recommend their approval.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public
hearing to consider amendments to the City of Miami Beach Comprehensive Plan to effectuate the
above-referenced Settlement Agreement is scheduled for October 21, 1997 at 5 :03 p.m. and a first
reading public hearing to consider changes to Zoning Ordinance No. 89-2665 to effectuate the terms
of the above-referenced Settlement Agreement is hereby scheduled for October 21, 1997 at 5 :04 p.m.
in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the
City Clerk is hereby authorized and directed to publish and distribute the appropriate public notices
of said public hearings at which times and places all interested parties will be heard.
PASSED and ADOPTED this 24th day of Septe
ATTEST:
~ ~Cl-LJv-
CITY CLERK
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F:IA TTOITURNlRESOS\GRNSPC.HRG
APPROVED AS TO
FORM & LANGUAGE
& FOREXEcunON
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2
CITY OF-MIAMI BEACH
;/TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
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COMMISSION MEMORANDUM NO. Cc. 20 -~ l
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 24,1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Authorizing the Ity Administration to Schedule a Public Hearing - The
Applicant, Grea r Miami Hebrew Academy, Pursuant to the Settlement
Agreement Dated 10/17/95, Requests an Amendment to the City of Miami Beach
Comprehensive Plan and Zoning Ordinance No. 89-2665 Creating the Special
. Public Facilities Educational Land Use and Zoning Designation and a Text
Change to Effectuate the Creation of Said District for the Properties at 2400,
2530 and 2425 Pine Tree Drive.
RECOMMENDATION
It is recommended that the City Commission authorize the Administration to schedule a first reading
public hearing at such time as the Evaluation and Appraisal Report (EAR) for the City's
Comprehensive Plan is determined sufficient by the State and the EAR-based amendments to the
Plan are found to be in compliance. (Note: Pursuant to State Statutes no further amendment to the
comprehensive plan may be considered until the EAR process is completed.)
(Special note: The second reading public hearing would be set at a future date after comments have
been received from the required governmental agencies which must also review this application.)
BACKGROUND
The Greater Miami Hebrew Academy (hereinafter the "Hebrew Academy") and the City of Miami
Beach have filed an application to amend the Zoning Ordinance and Comprehensive Plan to comply
with the terms of the Settlement Agreement which was executed on October 17, 1995 between the
Hebrew Academy, the City of Miami Beach, the Citizens for Greenspace, Inc. and the Daughters of
Israel, Inc.
The Hebrew Academy owns the elementary School located at 2400 Pine Tree Drive and currently
leases from the City of Miami Beach the land for its High School which is located at 2425 Pine Tree
Drive. The Hebrew Academy also currently owns the land (approximately 3.87 acres) to the north
of its Elementary School.
AGENDAITEM~
DATE~7
On June 7, 1989, the City of Miami Beach and the Hebrew Academy entered into an exchange of
land, whereby the Hebrew Academy transferred to the City of Miami Beach the property located at
2425 Pine Tree Drive which is known as the Fana Holtz High School. In exchange for the transfer
of land, the City transferred to the Hebrew Academy approximately 3.87 acres of land which is
located directly north of the Hebrew Academy Elementary School and adjacent to and directly south
of the Scott Rakow Youth Center. The Hebrew Academy, in conjunction with the Daughters of
Israel, Inc., built a facility containing a mikveh and other educational uses on approximately 0.38
acres of the original 3.87 acres. The Mikveh is located at 2530 Pine Tree Drive. Subsequently, a
lawsuit was filed by the Citizens for Greenspace seeking to reverse the exchange of lands (See Map
A).
Pursuant to the terms of the Settlement Agreement, the Hebrew Academy will deed back to the City
of Miami Beach approximately 2.49 acres which the City had previously deeded to the Hebrew
Academy pursuant to the 1989 exchange of lands, and the City will deed back to the Hebrew
Academy, the High School property. In addition, the parties agreed to support zoning text and map
and comprehensive plan text and future land use map amendment applications to be filed with the
City of Miami Beach which would create a new land use and zoning district entitled SPE (Special
Public Facilities Educational District), and which said new district would be designated on the
properties to be owned by the Hebrew Academy (See Table 1 for a synopsis of the proposed
changes).
On April 29, 1997 the Planning Board held a public hearing regarding the ~endments and voted
unanimously (7-0) to recommend their approval.
ANALYSIS
In order to effectuate the terms of the Settle Agreement, two (2) amending ordinances are required:
one ordinance (Ordinance I) to amend the Comprehensive Plan text and Future Land Use Map
(FLUM); and, one ordinance (Ordinance II) to amend the current Zoning Ordinance No 89-2665
and Official Zoning Map. These proposed amendments are in furtherance of the terms of the
Settlement Agreement. F or convenience and in order to help readers understand the proposed
changes, each part is analyzed separately below.
Ordinance I. Amendments to the City's Year 2000 Comprehensive Plan.
This amending ordinance contains four primary sections which are discussed below:
A. Future Land Use Map Amendments
Section 1.
This section amends the Future Land Use Map of the City's Year 200 Comprehensive Plan
(hereinafter called "FLUM") by creating and including a new Future Land Use category to be
entitled "SPE Special Public Facilities Educational District" to the list offuture land use categories.
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Section 2. -
This section amends the FLUM by designating the Hebrew Academy Elementary School Parcel,
the Mikveh Parcel and the 1.1 Acre Parcel from PFE (Public Facility Educational) to the newly
created SPE Special Public Facilities Educational District (hereinafter referred to as SPE) future
land use category. This section would also change the Fana Holtz High School Parcel from PF
(public Facility) to the new SPE category. The final change to the FLUM would involve the 2.49
Acre City Parcel which would be changed from PFE back to the original land use designation for
the Par 3 Golf Course which is ROS (Recreation and Open Space).
Table 1 sets forth the proposed changes in available acreage for properties affected by the proposed
FLUM amendments. The recreation and open space amendments will reflect approximately a 2.49
acres increase in Recreation and Open Space for the City. Currently, the total 1,156 acres of
recreation and open space (ROS), citywide, includes 224 acres in ornamental open space and 206
acres of ocean beach conservation area (430 acres of open space). Using the recreation and open
space total acreage of 1,156, this indicates there are 10.6 acres of total ROS facilities per 1,000
persons (permanent population plus 20 percent of seasonal population = 109 ,500 persons).
Pulling out the 430 acres of "open space" from the total, and adding back the 2.49 acre (City Parcel)
increase as a result of the proposed amendments, the remaining 728.49 acres results in a proposed
"recreation" level of service acreage of 6.65 acres per 1,000 population. The adopted LOS
requirement for the City within the adopted Comprehensive Plan is 6.0 acres per 1,000 population
and the current level of service acreage is 6.63 acres per 1,000 population.
The existing and proposed Level of Service figure is considerably higher (more than double) than
the commonly used national standard of 3.0 acres per 1,000 residents and are in excess of the
adopted LOS of the City's Comprehensive Plan. Therefore, the proposed amendments would not
decrease the adopted LOS for Recreation and Open Space, in fact, the amendment would increase
the total acreage by 2.49 acres.
(Note: The above calculations for the Recreation and Open Space LOS are independent and separate
from any other pending Comprehensive Plan amendments.)
B. Text Amendments to the Comprehensive Plan
Section 3.
This section creates the SPE within Part II: Goals, Objectives and Policies of the City's Year 2000
Comprehensive Plan. Specifically the new SPE land use category would be included within
Objective 1: Land Development Regulations of the Future Land Use Element. The new category
purpose, permitted uses and intensity limits would be listed.
The category purpose would be "to provide development opportunities for existing and new
educational and religious facilities". Permitted uses would include public or private schools,
educational or classroom facilities from preschool through graduate and religious facilities including
mikvehs. Intensity limits would be limited by setback, height, floor area ratio and/or other
restrictions as the City Commission determines appropriate to effectuate said land use category and
otherwise implement complimentary public policy. The maximum floor area ratio would be 3.0,
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except the Fana Holtz High SchooL Parcel and the Mikveh Parcel would be limited to the existing
floor area of the existing building(s),as of January, 1997 (Note: This FAR. restriction for these two
properties is a specific requirement in the settlement agreement).
C. Transmittal of Amendments
Section 4.
This section would instruct the City Commission, as recommended by the Planning Board (sitting
as the Local Planning Agency), to approve the transmittal of the proposed amendments to the
Comprehensive Plan (text and FLUM changes) and the corresponding changes to the Zoning
Ordinance (text and Zoning Map changes) to the Florida Department of Community Affairs (DCA),
the South Florida Regional Planning Council (SFRPC) and any and all other affected state and local
agenCIes.
D. Last Sections of Amending Ordinance I
Sections 5. 6. 7 & 8.
These final sections provide for a repealer, severability, inclusion in the Comprehensive Plan and
an effective date.
Ordinance II. Amendments to Zoning Ordinance No. 89-2665 and the Official Zoning Map
This ordinance is divided into two primary divisions which would amend the City's Official Zoning
Districts Map to include the newly created zoning district (SPE), delete references to the original
exchange ofland between the Hebrew Academy and the City and codify the development regulations
for the new zoning district category (SPE) within the Zoning Ordinance.
A. Official Zoning Map Amendments
Section 1.
This section would amend the Official Zoning Map for the City of Miami Beach by including a new
Zoning District category to be entitled "SPE (Special Public Facilities Educational District) to the
list of zoning districts within the City.
Section 2.
This section would amend the Official Zoning Map by changing the zoning district category for the
specific sites pursuant to the Settlement Agreement as follows:
1. the "Hebrew Academy Elementary School Parcel" from RS-4 (Residential Single
Family) to SPE District;
2. the "1.1 Acre Parcel" from RM-l (Multiple-Family. Low Intensity) to SPE District;
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3. - the "Mikveh Parcel" and from RM-l (Multiple-F~!~. Low Intensity) to SPE
District;
4. the "Fana Holtz High School Parcel" from GU (Government Use) to SPE District.
As previously stated, the 2.49 Acre Parcel would automatically convert to the GU (Government Use)
zoning classification upon its ownership being transferred back to the City.
B. Text Amendments to Zoning Ordinance No. 89-2665
Section 3.
This section deletes the previous reference to the land swap executed on June 7, 1989 between the
Hebrew Academy and the City.
Section 4.
This section would include the SPE District within Section 21-8 entitled "Explanation of Symbols",
as required for a newly created zoning district and confirms the zoning district designations for the
subject parcels.
Section 5.
This section creates a new subsection 6-20.1 that would be created for the new zoning district
category (SPE). Specific definitions and legal descriptions are given for each subject site. The
purpose and uses of the district are depicted in a table format on page 5 of the amending ordinance.
Main permitted uses would include a school, educational or classroom facility from grades early
childhood through graduate. Of special interest are the proposed Conditional Uses which would
include any main permitted use or Conditional Use in a RM-3 or CD-2 district, excluding all
commercial uses. Accessory Uses would include those uses customarily associated with any of the
Main Permitted Uses or Conditional Uses.
The development regulations for the SPE district would comply with the Settlement Agreement and
the corresponding site plan (see attached). The proposed development regulations would include
a base (2.5) and maximum ((3.0) FAR, restrictions regarding maximum FAR for the Fana Holtz
High School and Mikveh buildings, setback requirements, parking requirements, "grandfathering"
of existing buildings with re-building provisions (notwithstanding the regulations within Section 13
of the Zoning Ordinance entitled, "Nonconforming Uses and Structures"), height restrictions and a
reference to the Settlement Agreement and site plan (dated 10/17/95) as the definitive documents
for purposes of permitting development on the above described parcels of land.
Section 6.
This section of the amending ordinance would add the SPE zoning district symbol to Section 21-8
entitled "Maps" of the Zoning Ordinance.
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c. - Last Sections of Amending Ordinance II
Sections 7.8.9 & 10.
These last sections would provide for a repealer, severability, codify the above changes to Zoning
Ordinance No 89-2665 by the City Commission and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City
Commission and the Planning Board consider the prescribed review criteria, when applicable, for
such changes. Since the amending ordinance would change the zoning district designation for the
subject properties, the review criteria were determined to be applicable to this amendment request.
In reviewing a request for an amendment to the Zoning Ordinance which involves a change in
zoning district boundaries, the City Commission and Planning Board shall consider the following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent - As contained within the conditions of approval detailed within the Settlement
Agreement, the application would be consistent with the Goals, Objectives
and Policies of the Comprehensive Plan. The amendments to the FLUM
would be consistent with the existing land uses on the various sites, ie.,
educational facilities and the golf course (GU). There would be no increase
in population densities. The subject properties are not located within a
Redevelopment area.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The Zoning district change to SPE is based upon and consistent with the
existing land uses of each site. The existing land use categories for the
subject sites are already PFE and PF. The amendment would change the
existing zoning district classification to be consistent with and compatible
with the FLUM. The surrounding zoning districts are GU and RN[-l. The
Hebrew Academy is zoned RS-4 (Single Family) which is not an appropriate
classification for an educational facility. The Fana Holtz Parcel is zoned
RM-l (Residential Multiple Family Low Intensity) which is also not an
appropriate zoning classification for an educational facility.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Consistent - The changes are consistent with the surrounding scale of development
permitted pursuant to the existing built environment and specified within the
Settlement Agreement. The amendment contains specific height and. setback
requirements based on the surrounding scale of the neighborhood. For
example, the height restriction would be generally 60 ft. above grade or 5
stories above one level of parking which would prevent any new
development within the SPE from dominating adjacent properties; the front
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portion of the academy site would be limited in height to 40 ft. above grade.
The RM-l ~ready has a height restriction in place of 50 ft.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent - In staffs opinion, the application would not exceed the established LOS for
the area public facilities and infrastructure.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Consistent - The existing RS-4 (Hebrew Academy site) and RM-l (1.1 Acre Parcel) are
surrounded by GU zoning classifications (public golf course and municipal
facilities). The RS-4 does not permit an educational facility as a permitted
use; RM-l allows such a use through the Conditional Use procedures. In
staffs opinion, the RS-4/RM-l zoning classifications appear to be
inappropriate.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Consistent - Pursuant to the Settlement Agreement, the change is part of the terms of that
agreement.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent - The proposed change should not negatively affect living conditions or the
quality of life for surrounding properties. There are several conditions within
the Settlement Agreement to ensure that these issues are mitigated
satisfactorily.
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;
Consistent - The LOS for Traffic Circulation and public safety should not be affected by
the amendment.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Consistent - The Settlement Agreement already addresses the issue of the provision of
adequate light and air to adjacent properties by the provision of appropriate
setbacks and height restrictions.
10. Whether the proposed change will adversely affect property values in the adjacent areas;
Consistent - Staff is of the opinion that property values, in adjacent areas would not be
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negatively affected by the proposed amendment.
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11. Whether the proposed change will be a deterrent to the improvement or Development of
adjacent property in accordance with existing regulations;
Consistent - The proposed amendment would not change the development regulations for
adjacent sites which must comply with their own site specific development
regulations. Furthermore, the proposed change should not affect the ability
for an adjacent property to be developed in accordance with said regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Consistent - The RS-4 zoning designation permits single family residences as the main
permitted use; educational facilities are prohibited. The RM-l classification
permits educational facilities as a Conditional Use only.
13. Whether it is impossible to fmd other adequate Sites in the City for the proposed Use in a
district already permitting such Use.
Consistent - The lengthy negotiations for the Settlement Agreement explored all possible
alternatives for the subject sites. Pursuant to the Settlement Agreement, the
SPE zoning classification was determined as the appropriate zoning
designation for the existing sites containing educational facilities and the
foreseeable redevelopment of these sites.
BENEFITS OF THE PROPOSAL
The Administration believes that the following benefits would ensue, in the event the City
Commission adopts the proposed Comprehensive Plan and Zoning Ordinance amendments:
1. The City of Miami Beach will acquire 2.49 acres of recreation and open space land;
2. There will be a decrease of29,838 square feet of potential development on all the
properties;
3. The City of Miami Beach may continue to use the 1.1 acre parcel for recreational
purposes (golf play) until the Hebrew Academy uses the land;
4. The federal litigation will be eliminated; and,
5. The adoption will provide for mutual agreement and completion of the settlement
agreement among the Greater Miami Hebrew Academy, the Citizens for Greenspace,
Inc., the Daughters of Israel and the City of Miami Beach.
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CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should
authorize the Administration to schedule a first reading public hearing after the state determines that
the Evaluation and Appraisal Report (EAR) of the Comprehensive Plan is sufficient and the EAR-
based amendments are in compliance. The tentative schedule for process is as follows:
1. Planning Board holds public hearing on August 26, 1997 and makes recommendation
to the City Commission.
2. On September 24, 1997 the Administration will request the City Commission set a
public hearing on October 21, 1997 to adopt and transmit the EAR and EAR based
amendments to the appropriate government agencies including DCA.
3. DCA has sixty (60) days (or approximately until December 21, 1997) to find the
EAR sufficient and provide findings back to City of Miami Beach.
Based on the above, the first reading public hearing on the subject amendments could possibly be
scheduled in January, 1998.
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