| | | | | | | |  | Ordinances - R5 N
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 29, 2020 | | | | First Reading
| | SUBJECT: | WOLFSONIAN ARTS DISTRICT - COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS OF SECTION 163.3184(3), FLORIDA STATUTES, BY AMENDING THE “RESILIENT LAND USE ELEMENT,” OBJECTIVE RLU 1.1 ENTITLED “ESTABLISHMENT OF FUTURE LAND USE CATEGORIES,” AT POLICY RLU 1.1.9, ENTITLED “MEDIUM INTENSITY COMMERCIAL (CD-2),” TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) WITHIN THE “WOLFSONIAN ARTS DISTRICT;” AND DESIGNATING THE “WOLFSONIAN ARTS DISTRICT” ON THE FUTURE LAND USE MAP; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| | On May 13, 2020, at the request of Commissioner David Richardson, the City Commission referred the item to the Land Use and Sustainability Committee (LUSC) and the Planning Board (Item C4B). On May 26, 2020, the LUSC recommended that the Planning Board transmit the proposal to the City Commission with a favorable recommendation. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
In November 2004, as part of the Building Better Communities General Obligation Bonds (BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian–FIU to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-FIU is proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due to the amount of floor area used for the main structure in the early 1990’s, coupled with the citywide downzoning in the late 1990’s, the site of the Wolfsonian-FIU is legal non-conforming in terms of allowable FAR.
In order to accommodate this request, the Wolfsonian-FIU is seeking the following amendments:
1. The subject comprehensive plan amendment to establish the Wolfsonian Arts District on the future land use map and increase the FAR within the district.
2. A companion LDR amendment to increase the maximum FAR to 3.25 and modify development regulations.
As the Wolfsonian is a cultural institution in an historic building, the proposed change is consistent with Principle 3 of the Resilient Land Use element which states the following:
PRINCIPLE 3: PRESERVING CULTURAL IDENTITY
The City shall encourage redevelopment that protects historic resources to the greatest extent feasible, while allowing for adaptation to a changing climate and efficient reuse of historic structures. Local area and incremental adaptation strategies shall be preferred as they allow for the greatest protection of historic resources and promote the preservation of the cultural identity of Miami Beach.
Since the current FAR limitation is 1.5, the increase to 3.25 would be subject to voter approval in a general referendum.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City’s voters will be required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor area, amendments to the exclusions of floor area and a direct increase in the FAR number. The proposed ordinance requires a ballot question as it would result in an increase in zoned FAR “by zoning, transfer, or any other means” pursuant to City Charter Section 1.03(c).
The City Commission will be considering a separate item to consider adopting a resolution to place a ballot question on the City’s November 3, 2020 ballot.
COMPREHENSIVE PLANNING REVIEW PROCESS
This Ordinance includes a text amendment to Objective 1 of the Future Land Use Element of the Comprehensive Plan. Under Sections 163.3184(2), F.S., this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
On June 24, 2020 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.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner David Richardson |
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