| | | | | | | |  | Resolutions - R7 D
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | September 11, 2019 | | | | 2:20 p.m. First Reading Public Hearing
| | SUBJECT: | A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, TO CONSIDER APPROVAL, FOLLOWING FIRST READING/PUBLIC HEARING, OF A DEVELOPMENT AGREEMENT AS AUTHORIZED UNDER SECTION 118-4 OF THE CITY CODE, AND SECTIONS 163.3220 - 163.3243, FLORIDA STATUTES, BETWEEN THE CITY AND TSAY INTERNATIONAL, INC. (THE “OWNER”), WHICH DEVELOPMENT AGREEMENT PROVIDES FOR THE OWNER’S VOLUNTARY CONSENT TO THE DESIGNATION OF THE PROPERTY AT 2301 NORMANDY DRIVE (THE “DEVELOPMENT SITE”) AS AN INDIVIDUAL HISTORIC SITE, PURSUANT TO CHAPTER 118, ARTICLE X, DIVISION 4 OF THE CITY CODE, SUBJECT TO AND CONTINGENT UPON THE CITY COMMISSION’S ENACTMENT OF CERTAIN AMENDMENTS TO THE CITY’S LAND DEVELOPMENT REGULATIONS AND COMPREHENSIVE PLAN, AT THE CITY COMMISSION’S SOLE DISCRETION; AND, FURTHER, SETTING THE SECOND AND FINAL READING OF THE DEVELOPMENT AGREEMENT FOR A TIME CERTAIN.
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission adopt the subject resolution approving a development agreement with the owners of the International Inn. |
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| | | | | | | | ANALYSIS
| HISTORY
On July 25, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred a discussion item to the Land Use and Development Committee (LUDC) pertaining to the proposed designation of the International Inn at 2301 Normandy Drive (item C4K). On September 28, 2018 the LUDC deferred the item to October 31, 2018; the item was then deferred to February 20, 2019. At the February 20, 2019 meeting, the item was deferred to the April 3, 2019 meeting. At the April 3, 2019 meeting, the Committee deferred the discussion to the May 22, 2019 meeting. At the May 22, 2019 meeting, the item was deferred to the June 12, 2019 meeting.
On June 12, 2019, the LUDC discussed the item and continued it to a date certain of July 24, 2019. Additionally, the LUDC reviewed drafts of a proposed development agreement and City Code, Comprehensive Plan, and LDR amendments. The LUDC also heard testimony from representatives of the Police Department regarding activity at the site and calls for service and requested that the property owner meet with the Police Department to address the ongoing issues at the property. Additionally, the LUDC recommended that the proposed amendments to the LDRs be further studied, particularly as it pertains to required parking, as well as outdoor entertainment and outdoor bars.
On July 24, 2019, the item was discussed and the LUDC recommended that the subject LDR, City Code, and Comprehensive Plan Amendments be referred to the Planning Board, with the following modifications:
1. Create a mechanism to permit outdoor ambient entertainment.
2. In lieu of waiving minimum parking requirements expand the area that can accommodate off-site storage of vehicles.
Additionally, the LUDC recommended that the City Commission:
1. Consider a draft development agreement at First Reading on September 11, 2019.
2. Refer the applicable LDR, City Code, and Comprehensive Plan Amendments to the Planning Board.
HISTORIC PRESERVATION BOARD ACTION
On May 9, 2017, the Historic Preservation Board (HPB) adopted a motion requesting that the Planning Department prepare a preliminary evaluation and recommendation report relative to the possible designation of the property located at 2301 Normandy Drive as a local historic site (“Preliminary Designation Report”). On October 10, 2017, the HPB reviewed the Preliminary Designation Report, and directed staff to prepare a formal Designation Report for the International Inn historic site.
Pursuant to Section 118-591 of the City Code, on October 12, 2017 the City Commission was advised of the action of the HPB via LTC 488-2017. No action was taken by the City Commission to modify the proposed designation; therefore, the request for designation moved forward as proposed by the Board.
On June 11, 2018, the HPB continued the proposed historic designation to a date certain of July 10, 2018, at the request of the property owner. On July 10, 2018, the HPB continued the proposed historic designation to a date certain of September 17, 2018. On September 17, 2018, the Planning Department presented the Formal Designation Report for the proposed International Inn Historic Site, and the HPB continued the matter to a date certain of January 8, 2019.
On January 8, 2019, the Planning Department presented supplemental information regarding the public interior of the proposed International Inn Historic Site, and the HPB continued the review of the Historic Designation Report to a date certain of March 11, 2019. On March 11, 2019, the HPB discussed the application and continued the matter to the June 10, 2019 meeting.
On June 10, 2019, the HPB recommended in favor of the proposed designation. This recommendation of the HPB in favor of historic site designation does not, on its own, result in the designation of the property as an historic site. Subsequent to the recommendation of the HPB, an application for an ordinance amendment designating the International Inn as an historic site will now be submitted to the Planning Board for review and a recommendation to the City Commission. Once this designation ordinance is transmitted to the City Commission, two separate readings will be required before the Commission. The designation of the property as an historic site would only become final after City Commission approval on second reading of the proposed historic site designation.
Please note that the proposed designation of the subject property as an historic site is separate and apart from the City Code, Comprehensive Plan, and LDR amendments proposed in the development agreement, and may proceed on its own, separate track. However, as proposed by the property owner, the proposed City Code, Comprehensive Plan, and LDR amendments would be scheduled for Planning Board review and adoption by the City Commission prior to consideration of the designation by the Planning Board and City Commission.
PLANNING AND LEGAL ANALYSIS
As noted above, the HPB has recommended that the designation of the historic site move forward. The property owner has studied redevelopment options for the subject site and previously submitted a draft development agreement for review by the City Attorney.
The draft development agreement includes a proposal for certain amendments to the City Code (Chapter 6), the Comprehensive Plan, and the Land Development Regulations. These proposed amendments are included in a separate referral to the Planning Board, which is pending before the City Commission. The following is a brief summary of the requested amendments (the “Proposed Amendments”):
1. Allowing for hotel as a main permitted use with accessory uses, for properties within the RM-1 zoning district located north of Normandy Drive that have a lot area greater than 30,000 square feet and are designated as local historic sites. Currently hotels are a prohibited use in the RM-1 zoning district.
2. Increase in allowable building height from 55’-0” to 80’-0”.
3. A relaxation of the minimum distance requirements for providing required parking off site.
4. The elimination of required distance separation for establishments selling or offering alcoholic beverages for consumption on premises.
5. Allowing accessory alcoholic beverage establishments as an accessory to a hotel, as well as creating a provision for ambient outdoor entertainment performances.
Pursuant to the attached draft development agreement, if the proposed amendments are adopted, the property owner would agree to voluntarily consent to and support the designation of the International Inn as an individual local historic site. From a sequencing standpoint, as requested by the property owner, the draft development agreement specifies that the proposed amendments would be adopted by the City Commission prior to the adoption of the historic designation ordinance.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission adopt the subject resolution approving a development agreement with the owners of the International Inn. |
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| | | | | | | | Legislative Tracking
Planning/City Attorney |
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| | | | | | | | Sponsor
Vice-Mayor Ricky Arriola |
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