REZONING - PORTIONS OF OCEAN TERRACE AND 75TH STREET

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, CONSISTENT WITH THE REQUIREMENTS OF CITY CODE SECTION 142-72, "DISTRICT MAP," AND PURSUANT TO CITY CODE SECTION 118-162, "PETITIONS FOR CHANGES AND AMENDMENTS," BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE OCEAN TERRACE RIGHT OF WAY (BETWEEN THE CENTERLINE OF 74TH STREET AND THE NORTHERN RIGHT OF WAY LINE OF 75TH STREET AS SHOWN ON THE PLAT OF THE TOWNSITE OF HARDING, RECORDED IN PLAT BOOK 34, PAGE 4 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY), AND LOCATED IN THE 75TH STREET RIGHT OF WAY BETWEEN OCEAN TERRACE AND COLLINS AVENUE, AND WHICH IS COMPRISED OF LESS THAN 10 ACRES, FROM THE CURRENT ZONING CLASSIFICATION OF GU, "GOVERNMENT USE DISTRICT," TO CD-2, "COMMERCIAL MEDIUM INTENSITY DISTRICT," AND MXE, "MIXED-USE ENTERTAINMENT," AND EXTENDING THE BOUNDARY OF THE OCEAN TERRACE OVERLAY ZONE TO ENCOMPASS SAID PARCEL OF LAND; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
On December 12, 2018, the City Commission unanimously adopted the Ocean Terrace Neighborhood Urban Design Plan that was produced by the Corradino Group and Garcia-Pons + Associates. The Finance and Citywide Projects Committee (FCWPC) discussed how to implement the plan at its February 22, 2019 meeting. The FCWPC directed staff to explore ways to prioritize and fund the proposed public improvement project. During the February 22, 2019 FCWPC, staff reported that after review of funding alternatives for the approximate $15 million that would be required to bring the Ocean Terrace Park Plan to fruition, the administration recommended the City explore entering into a public-private partnership through a development agreement. The administration requested the opportunity to solicit potential public/private partnership options to fund the Ocean Terrace Neighborhood Urban Design Plan. The FCWPC agreed and ask the administration to return with potential partners.

At the March 22, 2019 FCWPC meeting, the administration returned with a potential public/private partnership with Ocean Terrace Holdings, LLC, the owner of adjacent lots on the west side of Ocean Terrace. The FCWPC reviewed the conceptual plans and recommended that the City Commission refer a discussion to consider the vacation of portions of Ocean Terrace, 74th Street and 75th Street in favor of Ocean Terrace Holding, LLC and to determine whether the City should negotiate a development agreement that provides for a public benefit. The development agreement included the vacation of certain rights-of-way on and adjacent to Ocean Terrace in exchange for a public benefit to fund and/or construct a new public park along Ocean Terrace. The FCWPC recommended that the administration retain a consultant to assess the economic benefits that the proposed project would provide and to proceed with discussions with Ocean Terrace Holding, LLC and to return to the FCWPC with the terms and conditions, including the public benefits and economic impact. The FCWPC further recommended that the item be referred to the Land Use and Development Committee, as well as the Planning Board.

On April 10, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed ordinance to the Land Use and Development Review Committee and the Planning Board (Item C7 I). On May 22, 2019 the Land Use Committee discussed the item and recommended that the City Commission approve the proposed Comprehensive plan amendment, as well as the proposed vacation of portions of 74th Street, 75th Street and Ocean Terrace.

BACKGROUND
The administration has retained consultants at the developer's expense to assess the economic benefits that the proposed project would provide and to conduct an appraisal. The administration has also been authorized to negotiate a development agreement with Ocean Terrace Holding, LLC (and affiliates/Ocean Terrace property owners), to evaluate the public benefit of such an agreement, including but not limited to the vacation of portions of the Ocean Terrace and 74th / 75th Street rights of way, and to evaluate the impact of such a development agreement will have on the City and the Ocean Terrace/North Beach corridor.

PLANNING ANALYSIS
Zoning / Site Data
Site Area: 15,045 SF / 0.345 AC
Existing FLUM Category: Recreation and Open Space (ROS) and Public Facilities (PF)
Proposed FLUM Category: Mixed Use Entertainment Category (MXE) and Medium Intensity Commercial Category (CD-2)

Existing Land Uses:
North: Public Library & Public Parking Lot
East: Dunes & Beach
South: Residential Buildings
West: Commercial Buildings

The Proposal
The proposal is to change the future land use and zoning designations of portions of the Ocean Terrace right of way (ROW) northeast of the midpoint of 74th Street and of the southern portion of the 75th Street ROW east of Collins Avenue, to be consistent with the abutting private property. Portions of the ROW will then be vacated with a perpetual access easement being granted to the City. This will allow the developers of the abutting property to utilize the FAR from the vacated ROW, in exchange for making improvements to Ocean Terrace and side streets between 73rd and 75th Streets, consistent with the adopted Ocean Terrace Neighborhood Plan. A development agreement is proposed as well, which will provide the details and enforcement mechanisms of the proposal.

Currently, the affected ROW area located along Ocean Terrace and the eastern half of the affected part of 75th Street has a future land use map (FLUM) designation of ROS. The western half of the affected part of 75th Street has a FLUM designation of PF. See attached map. The proposal is to change the FLUM designation of the affected portion of Ocean Terrace and the eastern portion of the affected part of 75th Street to MXE, to be consistent with the abutting parcels. The western portion of the affected part of 75th Street is proposed to change to CD-2, to be consistent with the abutting parcels.

Comprehensive Plan Process
The total land area involved in this application is 0.345 acres (15,045 SF). Under Section 163.3187 F.S., land use map amendments of less than 10 acres in size may be considered “small-scale” amendments, which require only one public hearing before the City Commission, which shall be an adoption hearing. Upon adoption, the local government shall send a copy of the adopted small-scale amendment to the State Land Planning Agency so that the agency can maintain a complete and up-to-date copy of the City’s comprehensive plan.

Interlocal Agreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida Statutes, requiring each local government to adopt an intergovernmental coordination element as part of their comprehensive plan, as well as a statutory mandate to implement public school concurrency.

Currently there is a proposal to change the use of the site to a hotel. If there were a modification that established residential units, final site plan approval is contingent upon meeting public school concurrency requirements and the applicant will be required to obtain a valid school concurrency determination certificate issued by the Miami-Dade County public schools. Such certificate will state the number of seats reserved at each school level. In the event sufficient seats are not available, a proportionate share mitigation plan shall be incorporated into a tri-party development agreement and duly executed prior to the issuance of a building permit.

SUMMARY
The proposed amendment to the FLUM of the City’s comprehensive plan and the change to the zoning map require that these amendments be processed together, as they are interrelated to one another; however, separate motions must be made for each application. The amendments will provide for consistency between the FLUM and the zoning atlas. The change will allow for the implementation of the Ocean Terrace Neighborhood Plan.

PLANNING BOARD REVIEW
On May 21, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0.