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HomeMy WebLinkAboutItem #6A - Discussion ItemCITY OF MIAMI. FLOAIDA INTEROFFICE MEMORANDUM Honorable Mayor and Members of the City Commission Cesar H. Od City Manager RECOMMENDATION: PZ-26 OATS J U N 13 1989 Fu SUBJECT Item PZ-A City Commission Agenda of June 22, 1989 Proposed Area -wide DRI: REfERENces Key Biscayne ENCLOSURES. For your information, the Metro -Dade County Commission on June 6th established a public hearing date --July 11, 1989--for the purpose of deciding whether to authorize the preparation of an Application (ADA) for an Area -wide Development of Regional Impact (DRI) for Key Biscayne, including that portion of Virginia Key under County ownership or jurisdiction. The Administration is opposed to this proposal but if the Board of County Commissioners decides to move ahead on this proposal, on July 11th, then it might be prudent on the City's part to join in as an active participant and enlarge the study to include the City -owned portion of Virginia Key. (See map attached) BACKGROUND: Two large Key Biscayne DRI Applications are now moving through the regional/county decision process--Hemmeter and VMS. In an effort to exert greater control over the future development of Key Biscayne, a citizen's group has proposed to Metro -Dade County that an Area -wide DRI be undertaken for Key Biscayne. An Area -wide DRI would be similar to the Downtown Miami DRI. The two large developers--Hemmeter and VMS --are opposed to an Area wide DRI because it could potentially delay their projects, could Possibly alter their projects and would represent a duplication of effort. The Metro -Dade County Planning Department held a workshop on June 13t and expressed opposition to the proposal as being unneeded, a duplication of effort and unlikely to achieve the objectives that citizens sought. ANALYSIS The City's interest lies in assuring capacity of the Rickenbacker Causeway is between Virginia Key and Key Biscayne so Page 1 of 3 E Honorable Mayor and Members of the City Commission implemented. Conversely, the City has no particular interest in promoting an Area -wide DRI for Virginia Key/Key Biscayne; The City's Virginia Key Master Plan is barely a year old and serves us well. If the County Commission decides to move forward with an Area -wide DRI, the following factors would argue for City participation: 1. Preparation of an Area -wide DRI Application including all of Key Biscayne and Virginia Key could coordinate the VMS and Hemmeter developments, the Lipton Tennis Tournament and Seaquarium developments, and the City's Virginia Key Master Plan with the need to manage this growth consistent with the traffic -carrying capacity of the Rickenbacker Causeway. 2. The aggregation of all proposed City projects on Virginia Key might conceivably meet Florida DRI aggregation criteria and require the City to initiate a DRI Application for Virginia Key (only). In such an inatanee, an Area -wide DRI might make sense --both from a cost standpoint (shared) and a coordination standpoint. 3. The citizen's group on Key Biscayne may be- successful in forcing an analysis of future peak weekend traffic conditions when all the projects in 1 (above) are operating, together with the unlimited hydroplane races at Miami Marine Stadium and weekend travel to the beaches at Crandon Park and Bill Baggs State Park. Under these extreme peak traffic conditions, when most of the traffic would be generated by the attractions and projects on Key Biscayne and the portion of Virginia Key under County jurisdiction, it would be increasingly difficult to retain a City share of causeway traffic capacity. 4. The County might take the position in a Development Order to be issued at the completion of the Area -wide DRI that if all the projects in 1 (above) are to proceed, then a) the Causeway must be improved and/or b) mainland arterials must be improved in which instances the City might be asked to bear a fair share of the cost of these improvements (the concurrency argument). 5. Assume, for argument, that following issuance of a Development Order for an Area -wide DRI that incorporated the City's projects on Virginia Key into the parameters for Rickenbaeker Page 2 of 3 i Honorable Mayor and Member* of the City Commission Causeway, the City then wished to dramatically increase the type and amount of development on Virginia Key. The County might then take the position that the City could not unilaterally increase these projects, but must undergo "substantial deviation" hearings and findings (11380.06(19)F.S.) pertaining to the development scenario and traffic projections in the already then -approved Area -wide DRI Application. Arguing against City participation are the following factors: 1. DRIlApplication ares$500,000 overpae1 1 /2ito 2 yeariperiod.wide D pP �. Per S1380.06(25)F.S., the City -owned portion of Virginia Key can only be included in the Application for an Area -wide DRI if the City agrees to hold a public hearing jointly with the County to resolve conflicting ordinances or comprehensive Summary of Public Workshop to discus Areawide Development April Regional 89mpact of Virginia Key; P Planning Department. 8, 1ger ,'from Biscayne Metrod Dade Countinia y Planning Areawide Manager s feasibility of preparing a for Key Biscayne and a portion prepared by Metro -Dade County 13, 1989 Proposed Areawide DRI: Key Biscayne" from the City Manager. ,T,14 - s 4 t 4 t 1 � � 'N67Fs�` __ _..vv.......so ........ _..cvzu..:.:�m.......m...z.� ...s......_�.._...,.e. ._._:a..:,. ...__._-a..,,_.,,_.i:...>.,.. _ t7.W jl, t(�4,1+ ....._ �_._.... ... -" +. _. .� _... tom...._ .. `_ .. _ ._..n .✓,�.+. a.+�=+.�` A • CITY OF MIAMI, FLORIDA m INTER -OFFICE MEMORANDUM toTE Mayor and Members °'� JUL I L 1ova of the City Commission sua=r: Discussion Item: City COMission Agenda July 27. 1989 REFERENCES: FR0"" Odio Proposed Key Biscayne ti Cesar H. Area - wide DRI City Manager ENCLosuREs DMIM 89 the Board of County Commissioners will have considered On July25, 19 lication (ADA) for an Area -wide authorizing the preparation of an app Development of Regional Impact (ORI)dfor ictiony Biscayne, athe, County including annhssion portion of Virginia Key under County jurisdiction. affirmatively, then the County Commission land on extend dran invitationa Key tarehwithin to include within the application the jurisdiction and ownership of the City of Miami. BAMEM Under discussion of this item (PZ-A June 22 meeting) the City Commission ntain a sition at the directed the City Administration to 1directionewri is bsequently hangednon Commission hearing of July 25. paration July 13, 1989 when the Administration was directed to support the pre. of the application for the Area -wide DRI by Metropolitan Dade County for the area within Dade County jurisdiction. For your further information, the following memoranda are attached: n Memorandum dated June DRI" to the County Department. Memorandum dated June to the City Commission CHOJSR Attachments of The Dade County Planning Department held a BBiscan ehfromt7.00 April at the International Tennis Center an Keeyy yn was held in accordance with to 9:30 in the evening. This workshop Resolution R-201-89 of the Board of County Commissioners. e Bch — authorized and directed the Director of the Planning p "to notice and schedule a public workshop to explore whether an areawide development of regional impact is an attractive option and to discuss the issues associated with an areawide development of ts options concerning the feasibilityh the Of regional impact, and to reportof of the workshop and to present p „ areawide development of regional impact for this area. Dade County Staff Present Reginald R. Walters, Director, Planning Department Jack Goodin, Chief of Neighborhood Planning, Planning Department Robert Usherson, Chief of Metropolitan Planning, Planning Department Howard-D. Williams, Section Supervisor, Planning Department. John Cox, Principal Planner, Planning Department Lee Rawlinson, Coordinator, Developmental impact Committee Dean Mimms, Developmental Impact Committee Alex David, Building and Zoning Department Richard Lee, Public Works Department iCevaa Mayo. Department of Environmental Resources !Management Isedeliae Pearson, Police Department .Nelson Rodriguez, Police Department boug Ehman, Parks and Recreation Rill Dobson, Aide to Commissioner Charles Dusseau• Other Staff Present TI m Murphy, South Florida Regional Planning Council. h Dove'NcDevitt, Florida Department of Commsaity Affaisa, t .Tiaa'Fountain, Dade County School District a ;a, Others Present ut 175residents and property o ";s n Az �t33rq$' xfr s m. x.. sfi Staff Presentation Reginald Walters, the Director of the Dade County Planning Depart- ment, stated the purpose of the workshop as passed and adopted by resolution of the Board of County Commissioners on March 7, 1989. Dave McDevitt from the Florida Department of Community Affairs (DCA) presented an overview of the Areawide DRI process. He said that this process resulted from the success of the Downtown DRI process which was used by local governments (cities) and private organ- izations to evaluate a multitude of problems relating to develop - meats in downtown areas. He explained that the preparation of an Areawide DRI can be very costly because of the large number of studies that are required. He said that if a local jurisdiction initiates an Areawide DRI, it can fund the cost of preparing the DRI application and then recover the costs of both preparing and moni- toring the DRI during the permitting process. Developers may also pay for the Areawide DRI if they initiate the process. He said that one of the main advantages of having an Areawide DRI in place is that it permits a great deal of flexibility for the individual projects occurring within the area for which the DRI was prepared. In response to a question concerning the initiation of an Areawide DRI, Mr. McDevitt said that the process can be initiated by either a local government having jurisdiction (city or county) or a private citizen. The DRI process is basically a planning process that culminates with the issuance of a development order which specifies the levels of development that can take place within the area. He added that the development order also specifies certain mitigations that the developer must provide to alleviate the impacts caused by the development. He said that public hearings are held before the Areawide DRI is approved. Tim Murphy of the South Florida Regional Planning Council (SFRPQ explained that a DRI as defined in the legislation includes development that will have an impact on the citizens of more than one county. Examples of thresholds for an individual DRI are a ccmmmercial development with more than 400,000 square feet, an office complex of more than 300,000 square feet, a residential project with 3,Q00 or more dwelling units. He mentioned that over the last two to -three years, the Regional Planning Council has processed 40 to 45 Individual, site -specific DRI. He also said that an Areawide DRI has to be accompanied by an areawide plan, which contains the following components; (1) a map showing the location and staging of the development; (2) a capital improvements element outlining the facilities that will be needed; (3) regulations to preserve State, regional and local resources; and (4) a statement of who will be responsible for carrying out the provisions of the DRI and who will pry for then. Mr. Murphy said that either a private citizen or a local government qm initiate an Areswide DRI, but it is more complicated if ,citizens M to, do it. If a group of citizens initiates the DRI procesaf, pr Perpy owaars within the area can "opt out" of the process and _ Yar a`Q r; have their property excluded from the DRI. This is not the case if a local goverment initiates the process, as no an* can 'opt out." Howard Williams said that an Areawide DRI is a detailed analysis of _ the future development for a large area. The analysis covers all services, facilities, environmental and economic impacts, and plans for the mitigation of these impacts. This type of analysis is — required by State law. The DRI is reviewed by the Regional Planning Council, and then sent back to the local government, which holds a public hearing prior to taking action. If the DRI is approved, a development order is issued, which states what can be developed in the area* under what conditions and who is responsible for needed improvements. Mr. Williams stated said that any previously approved individual DRI would be vested -- it would not be affected by an Areawide DRI. After an Areawide DRI has been prepared and approved, any new — individual DRI within the approved area would not have to be reviewed by the SFRPC. Such applications would only have to be reviewed by the County staff and approved by the Board of County — Commissioners. He said that if the DRI for the VMS project is - approved, it would not be affected by the preparation of an Areawide DRI because an approved DRI would be vested, and the VMS development could continue as approved under its development order. Mr. Williams said that the advantages of doing an Areawide DRI are as follows: (1) the cumulative impacts of smaller projects can be evaluated, even though these projects may not reach the DRI threshold; and (2) new individual DRI would not have to go through the review process of the SFRPC, which is costly and time-consuming. _ Mr. Williams stated there are two properties on Key Biscayne that are involved in the DRI process at the present time: the VMS project, which is currently being reviewed by the SFRPC, and the Hamster Resort, which has contacted the SFRPC about preparing a DRI. In addition, the proposed stadium for the Lipton Tennis. Center would require a DRI and a possible renovation of the Seaquarium would also require a DRI. Other areas of potential growth are a vacant commercially zoned property on Crandon Boulevard, the Silver Sands hotel, a small undeveloped tract zoned for multi -family use, and approximately 26 single family lots. Mr. Williams said that the Areawide DRI boundaries could include Key Biscayne and all or part of Virginia Key. An Areawide DRI would have to involve the City of Miami if all of Virginia Key were to be Included. The boundaries would be determined by •the Local, government that initiates the DRI, which, in this case, would.:' probably be the County. . I consultants, so it would be October before the study could begin. It would probably be June of 1990 before a public hearing could be held on development approval. The entire process could cost $200,000 or more. Mr. Walters summarized the staff presentation by saying that there are two types of DRI: the individual DRI and the Areawide DRI. He said that any project which exceeds the DRI thresholds must prepare a DRI and that a DRI must be prepared prior to receiving zoning approval from a local government. VMS and Hesimeter must each prepare a DRI for their projects. VMS has submitted its DRI Application for Development Approval to the South Florida Regional Planning Council for review. After the review it will be returned to the Board of County Commissioners for final action. A DRI is also being prepared for the Hemmeter project, which will probably be filed with the Regional Planning Council in June. An Areawide DRI allows local governments to look at a much larger area, including properties that are not yet ready to be developed, and prepare a plan based on anticipated impacts and mitigation. Once this Areavide DRI is adopted, developers do not have to prepare individual DRI for specific projects, which is a saving of time and money to them. Citizen Comments and Staff Responses Betty Sime of the Rey Biscayne Council introduced members of the Council and Gene Stearns, attorney for the Council. Mr. Stearns reviewed the history of the DRI process. With regard to Key Biscayne, he said that the Key Biscayne Council passed a resolution in November 1988 asking the Board of County Commissioners and the South Florida Regional Planning Council to have an Areawide DRI prepared for the purpose of establishing a common set of facts against which all new projects could be evaluated in terms of their impacts. He said that a DRI states how the land will be used and how much development will be allowed. This is critical to a place like Key Biscayne because it is the volume of use that affects the quality of life. Mr. Stearns emphasized that Ray Biscayne plays a very significant regional role as it is the "keeper of the Keys." About two-thirds of the land on Rey Biscayne and Virginia Rey is owned by the public. Be said that only a small percentage of the Cape Florida State Park to used by the public. Crandon Park, which is owned by the County, is relatively under -used, and has the potential for a lot more parking and recreational space. He stated that Virginia Key has a total of about 1,000 boats in marina and dry storage areas not exceeding 299 boats each. This was to avoid preparation of a DRI as - the threshold for a DRI is 300 boats. He said that the City of liami has a master plan for Virginia Key, but has not had to go through the DRI process. He indicated that the Cape Florida State "r Park is the most popular park in the entire system of State parks• consultants, to it would be October before the study could begin. It would probably be June of 1990 before a public hearing could be held on development approval. The entire process could cost $200,000 or more. Mr. Walters summarized the staff presentation by saying that there are two types of DRI: the individual DRI and the Areawide DRI. He said that any project which exceeds the DRI thresholds must prepare a DRI and that a DRI must be prepared prior to receiving zoning approval from a local government. VMS and Hemmeter must each prepare a DRI for their projects. VMS has submitted its DRI Application for Development Approval to the South Florida Regional Planning Council for review. After the review it will be returned to the Board of County Commissioners for final action. A DRI is also being prepared for the Hem- ter project, which will probably be filed with the Regional Planning Council in June. An Areawide DRI allows local governments to look at a much larger area, including properties that are not yet ready to be developed, and prepare a plan based on anticipated impacts and mitigation. Once this Areawide DRI is adopted, developers do not have to prepare individual DRI for specific projects, which is a saving of time and money to them. Citizen Comments and Staff Responses Betty Sim* of the Key Biscayne Council introduced members of the Council and Gene Stearns, attorney for the Council. Mr. Stearns d h hi f h DRI With a d to Ka reviewe t* story o L. o processo reg r Jr Biscayne, he said that the Rey Biscayne Council passed a resolution in November 1988 asking the Board of County Commissioners and the South Florida Regional Planning Council to have an Areawide DRI prepared for the purpose of establishing a common set of facts against which all new projects could be evaluated in terms of their e impacts. He said that a DRI states haw the land will be used and how such development will be allowed. This is critical to a place like Rey Biscayne because it is the volume of use that affects the quality of life. Mr. Stearns emphasized that Rey Biscayne plays a very significant regional role as it is the "keeper of the Keys." About two-thirds - of the.land on Rey Biscayne and Virginia Key is owned by the public. He said that only a small percentage of the Cape Florida State Park is used by the public. Crandon Park, which is owned by the County, Is relatively under -used, and has the potential for a lot store parking and recreational space. He stated that Virginia Hey has a total of about 1,000 boats in marina and dry storage areas, not oxceeding'299 boats each. This was to avoid preparation of a DRI its` the threshold for a DRI is 300 boats. He said that the City of Ms=4 has a master plan for Virginia Key, but has not had to go through the DRI process. He indicated that the Cape Florida State Park is the most popular park in the entire system of State packs, xith over 1.5 million visitors in 1988. Crandon Park had about 2 = ,lion visitors dosing 1988. He posed the followia$ question: if the State and/or County wished to expand these two facilities to meet the recreational needs of South Florida, would the citizens of Key Biscayne be able to say "no" in the event that all the available capacity had been allocated? He said that the Areswide DRI process is critical for Key Biscayne because it is the process by which it can be determined how important these recreational facilities are to people. Also, it would allocate the allowable density to those recreational uses for the next generation and deduct that from the available capacity so it won't be all used up in the next couple of years. He said that owners of property have a right to use and develop their property; however, the DRI process gives the community input to the planning process, and for this reason, the Key Biscayne Council urges that an Areawide DRI be prepared. Betty Size said that each individual DRI tends to be self-serving in _ that those who prepare them try to get as much on their property as possible. She said that citizens who try to review each individual DRI are faced with a difficult and time-consuming job. An Areawide DRI, on the other hand, permits an evaluation of cumulative impacts of several projects, along with methods of mitigating these impacts. She said that VMS, who owns the Key Biscayne Hotel, also owns the Sonesta Beach Hotel, which is planning a nine -story addition. She said that the impact of these two projects should be considered together, under the "aggregate rule." The Key Biscayne Council cited several reasons for considering these two projects together, including common ownership and management; the closeness in time for completion of the two projects; common advertising; and shared infrastructure. She also said that although there hasn't been a new project on Key Biscayne since 1978, anyone could see the tremendous increase in the number of cars and people coming to the parks and beaches on the Kay. Helen White of the Key Biscayne Council added that the last census was taken in 1980, and that many projections were made on the basis of those data. She said that the trend now is for year-round residents with children, rather than the retired people and empty -nesters the Key used to have. Smaller homes are currently being replaced with larger units, and the number of domestics to care for children is increasing. Joe Rasco of the Key Biscayne Council said that the county park and the State park are intended for use by the entire community. However, there are no neighborhood parks on Key Biscayne, except for Calusa Park, which is only five acres in size. He said that the County's standard of 2.75 acres of local park land per 1,000 population is not being met. He felt that the proposed projects will bring additional residents to Key Biscayne. The area is in a crisis situation because Key Biscayne Elementary is located on a 6.57acre tract, whereas the standard for new elementary schools is 11 acres. He stated that in the past, these recreational deficiencies have been made up by the use of private facilities, such as the St. Agnes field and the Presbyterian field. The Presbyterian field is no longer available and the St. Agnes field may not beavailable in the future, creating a serious shortage o recreational space for such activities as baseball games. 3 i 4 Betty Sine said that Key Biscayne is at a crisis point because of the potential for five projects of DRI magnitude. She said that if _ this piecemeal development is allowed to continue, it will totally devastate the way of life on Key Biscayne and damage the State and County parks. She said that an Areawide DRI is needed to properly plan for the future of Key Biscayne. _— Alan Gold, representing the VMS interests, said that Areawide DRI - _ are usually prepared by municipalities who want to see development happen without all the impediments that are usually encountered during the individual DRI process. Each individual DRY usually takes nine to 12 months to complete. A community like the City of Miami would prepare an Areawide DRI for its downtown area so that _ — developers of individual projects would then have only the City to deal with, saving a considerable amount of time and money. In the _ City of Miramar, developers got together and filed an Areawide DRI application for their properties. He pointed out that in Dade — County, it has taken 18 months to do just the first part of the West _ Dade Areawide DRI and expressed a real concern about the time it — takes to do an Areawide DRI. Mr. Gold said that in 1972, a moratorium was placed on development in Key Biscayne. During this moratorium, compromises on development �., were reached and more restrictive zoning was implemented. -These actions formed the basis for the land use patterns on Key Biscayne which appeared on the 1975 future, land use plan prepared by the County. He said that there are two sets of checks and balances already in place. The first is the individual DRI process, which is lengthy and time-consuming. He said that as a part of this established procedure, each new DRI has to consider all the development that has preceded it. The second is the recently enacted growth management legislation which requires that services be provided for when development takes place, or no development order can be issued. He said that this "concurrency" law will be applied is Dade County beginning July 1, 1989. AA of that data, the County may not issue development orders (even for individual homes) if the levels of service for roads, drainage,• parks, and all the public facilities covered by the law, are going to be reduced below those levels set in the Comprehensive Plan. This means that the J smaller property owners will have to make the same arguments that the larger property owners have to make -- that their individual projects will not have an unacceptable impact.on services. In light of these checks and balances, Mr. Gold questioned if an Areawide DRI is really necessary. The new law, which goes into effect in July, �.' will take in smaller developments as hell as larger developments. Mr. Gold also questioned whether the Planning Department would have the resources available to make all the studies necessary for an ` Areawide DRI, or whether they would have to rely on consultants to do the job. ry 1ss' Antonio Zamora, President of the Virginia Key Marina and President 4 vt the Virginia Key Development Association, said that the concept of=an Areawide DRI is -acceptable; however, there should be two Areawide DRI -- one for Key Biscayne and one for Virginia Key.,: fide �1 0 said that the Areawide DRI for Virginia Key should include the entire Kay, not just the unincorporated portion. Be added that the regional waste water treatment plant on Virginia Key is noxious and should be included in the study. He said that he supports the master plan prepared for Virginia Key by the City of Miami and suggested that a similar kind of plan be prepared for Key Biscayne. A member of the audience stated that there was a petition being circulated against the VMS proposal to eliminate Ocean Drive. She said that all the proposals prepared for the VMS project indicate elimination of Ocean Drive. She asked who gave .VMS permission to take Ocean Drive, which is a public road. Mr. Walters said that VMS is preparing to ask for this road closing as a part of their proposal, but that it hasn't been granted to them yet. Joyce Kaiser asked if the two individual DRI which are currently in preparation would be excluded from the Areawide DRI process. Mr. Walters said that as long as an individual DRI was still in process, it would not be excluded from an Areawide DRI; however, once an individual DRI has been approved and a development order issued, it is vested, and therefore excluded from the Areawide DRI process. Individual DRI that are approved have to be accommodated by the Areawide DRI. Gregory Han said that Key Biscayne residents want the Areawide DRI, but developers don't because of its cost and the potential delays that could be involved with their projects. He asked what the process is for the approval of the VMS project. Reg halters said that the Board of County Commissioners usually acts on an application for development approval for a DRI as a part of its zoning hearings, which are open to the public. He said that the Commissioners will be acting on both the DRI and the zoning changes being requested by VMS, so this would be the appropriate time for citizens from Key Biscayne to get involved. He said that if the action on the VMS project precedes the Areawide DRI, the VMS project would not be affected by the Areawide DRI and the Areawide DRI would have to accommodate the VMS project. After this, the only recourse open to the public would be to go to the courts. Harry Leeds said that everyone on Key Biscayne has to get together to protect themselves because developers don't care about the citizens of Key Biscayne. He said that the State park is currently overloaded even before the VMS project is built. He said that an overall plan for the area is needed, and added that the VMS project Is being rushed to completion so it won't be affected by an Areawide DRI. He said that the VMS project will increase traffic over the Causeway by 25 percent, and there are already back-ups without the VMS traffic. He felt that any tax revenues generated by the VMS project would be spent somewhere other than on Key Biscayne. Gene Stearns asked how the County will find the funds necessary to review five individual DRI, when they say they don't have'the money - to prepare one Areawide DRI. He cited the problems in having developers prepare individual DRI, which includes the hiring of i their own consultants to justify their projects. tie said that only through the Areawide DRI process will the public be adequately _ represented. He said that the resources for the preparation of the Areavide DRI for Key Biscayne can be found on Key Biscayne itself, which contributes roughly $10 million in tax revenues each year to the County. Mr. Walters said that when developers initiate a DRI, they have to pay for it themselves. He said that if the County initiates the Areawide DRI, it must appropriate the funds for its preparation. He said that the County could recover the cost of preparing the DRI through permit fees paid by the developers who build in the area affected by the Areawide DRI. He said this would mean that the County would have to "front-end" the cost of the DRI itself. He added that this was probably one of the reasons that the County Commission has asked the Planning Department to present options concerning the feasibility of preparing an Areawide Development of Regional Impact for the area. ' A comment was made from the audience that the County seems to have no trouble at all in finding money for other projects. Another member of the audience commented that the Key Biscayne Council did not represent everyone on Key Biscayne. A resident of Key Biscayne asked if the preparation of an Areawide DRI Would bind the County and the State of Florida with regard to the use of Crandon Park and Bill Baggs State Park. Mr. Walters responded that an Areawide DRI merely sets general parameters; it does not do specific development planning on individual projects. Re said that the difference between an individual DRI and an Areavide DRI is the level of specificity of the plans that are prepared, with the individual DRI being mach more detailed. He said that an Areawide DRI would not bind either the County or the State and would not be an appropriate vehicle for the residents of Key Biscayne to influence what the parks are used for. Mr. Walters said that the support of the community is important to developers because community support, or the lack of it, influences the. County Commission. He said that if a project has more local - citizens for it than against it, the chances of its being approved by the Commission are greater than if it had no support at all. Re said that the individual DRI are very detailed, but that an Areawide DBZ only sets parameters for the overall development of an area. A question was asked if the VMS DRI would take into account the other areas of Key Biscayne which could be subject to the individual DRI process in the future. Lee Rawlinson said that the County cannot speculate on what may happen in other areas, but that trends of development will be considered in reviewing the VMS DRI. Projections of growth will be reflected in the review of the VMS DRI. Howard Williams said that the VMS DRI did make a growth assumption for the Hemmater property to the effect that it would include 1,400 residential units. It did not make any assumptions on the recently proposed hotel and residential plan for this parcel, as this proposal has not been approved and will be the subject of a separate DRI. In addition, the VMS DRI made some assumptions with regard to the Reboto commercial tract on Crandon Boulevard and some other parcels which were thought to have some development potential. A comment was made that there is a great difference of opinion among Rey Biscayne residents over proposals for the International Tennis Center Stadium. The speaker said that .the Tennis Center, as proposed, would be very advantageous for the Key. He said that certain groups who oppose the Tennis Center do not represent everyone on the Key. A question was asked about traffic and its impact on Key Biscayne. The speaker wanted to know what would happen if an Areawide DRI found that only a certain amount of traffic could be accommodated on Rey Biscayne, but the proposed projects would exceed that amount. Mr. Walters said that State law requires the County to establish minimum levels of service for transportation, and that if these levels are exceeded, the County must halt the issuance of building permits until assurances are received that more traffic capacity will be provided. This is the "concurrency" rule that is part of the State Growth Management Act. This regulation is in place and would not be affected by an Areawide DRI. These minimum standards for roads, and other services, take effect this year. A question was asked about the specific impact that traffic could a have on an intersection at Crandon Boulevard. He wanted to know how this would be evaluated so that Key Biscayne residents would have an opportunity to challenge the data presented. Mr. Walters said that this information would be presented during the course of the preparation of an individual DRI, not only for this DRI, but for the, cumulative impact of traffic generated from other previously approved projects. A comment was made that numerous individual DRI projects will be approved before an Areawide DRI can be started. He wanted to know hoe► the Areawide DRI process can be started. Mr. Walters said that this vorkshoo is the start of the nrocess. He said that the x_ ;L - r+ the Arsawide DRI was approved. Mr. Walters said that the timetable for approval of the VMS DRI is established s c. He said ompletey State d is review, that once the Regional Planning Count t of time the Board of County Commissioners only has a certain amoua to take action. Gene Stearns said that as a first step, the Regional Planning Council must determine that the VMS application is "iaformationally complete." He questioned how the Council could find the VMS application to be "informationally complete" given the following: the developer owns two properties that meet the aggregation rule; the Miami -Dade Water and Sewer Authority Department can make no - guarantee of service beyond a certain period thetime; anuses the traffic study performed by consultants hired bydeveloper the least sufficient data available. He asked why the Board of County Commissioners took so long to start this process after the Key Biscayne Council requested an Areawide DRI in November 1988. ga. also said that there is no timetabal tc established ct an e they grantingte a of for the Board of County Commission development order for the VMS project, contrary to what was stated by Mr. Walters. A member of the audience asked if the Regional Planning Council could defer its action on the could action if the hy of hlocal staff said that the Council government public hearing is not scheduled. He said that once the local government has announced the data of this public hearing, the Council then has 50 days he hDevelopmental �ch to make its Impact Committee recommendation. Lae Raxlinsoa said thatCommissioners on May 4 to will be going to the Board of County He said that the request that they set the public hearing date. hearing will be approximately 90 days from May 4. [NOTE: This Public eptam�ber 14, 1989.) hearing was subsequently sat by the BCC for S A member of the audience asked for a show of hands of all those who would favor the ority ofion those an in attendancevide DRI indicatedindicat dytheir support e. substantial majority for,:the preparation of an Areawide DRI. A cossnat was made by a member of the audience that the VMS project o forward, and that the reaidsDts;of Key.Bisgarm ' Is going to g should all work together to gas that the impact of this project is a r positive one. JG:JC:la kn hb. (19 way aw t: { gw x �Y.Yse trat, , eh 3A f Aixi ' , x c} r „ y }' S `a. r *.Yg�•r Owl Tr� G't� �9 +F"k;ps { a � t � k r 1J �t -tw �r•f taw. ,} ��¢.,.�"`S'"t���'� �. May 5, 1989 M&. Reginald Walte&e, V i&eeto& Vade County Planning Department 111 N.W. F,i&et Street, Suite 1220 Miami, Flo&.ida 33121-1972 Oeax M&. waltere: Many o6 our membe&e and moet o6 ou& Boa&d o6 Viaectore attended the Public Wo&kehop held by you& Depa&t- next on Ap&.it 27, 1989, at the Inte&nat.ionat TenniA Cente& which add&eeeed the 6eae.Lb.it.ity 06 an A&eawide Development 06 Regional Impact 6ok Key B.iecayne and a portion o6 V.i&g<n.ia Key. Ou& Board was welt .in6orimed, moet having read the DRI p&epa&ed by VMS, and eo we we&e 6amil.ia4 with the 604mat and .ceeuee to be cone.tdered. On the whole, we heel that the meeting was .in6o4ma- t.ive, and we commend you box maintaining oade& .in the 6aee o6 a very b.iaeed crowd. It'e a d.ieadvantaga to the pubt.ic, how- - ever, that oppoedng v.iew.a were tim.ited by home amount o6 c&owd rudeneee and Mr. Stea&ne'e many "nebattale". (It hae alwaye been our ph.iloeophy that 6&om the g&eater votume o6 dive4gent op.in.ione eomee the beet eolut.i.on. ) On Apa.il 29, 1989, ou-t Board o6 V i&ector.a paAAed a aeeotutton etat.ing: "The Key B.iecayne P&openty Taxpaye&e' Aeeoclat.ion .ie .in 6avo& o6 an A&eawide Development o6 Regional Impact Study 6o4 ALL o6 the Ieland o6 Key B.iecayne and ALL o6 the Ie and o6 Virginia Key. ThAA .includeb the �t Bagg.6 State Park A&ea and the a&ea on V.ir- g..n ca Key controlled by the City y o6 Miami and Dade County,. inetud.ing the Caueeway." Yleaae keep ue .in6o4med concean.ing your recommend atton to the Board o6 County Comm.i.6Aione4.e oa any othe-t dee.j4jgne you& Department might make on th.ie .ieeue. VeR truly youab, . J. A. Tao e Ams t- . Fae,6 ident j R-: ,r 4AY os .5 -7745-1 PLANNING IDEP". - TO: FROM: MEMORANDUM Joaquin G. Avino, P.E., P.L.S. County Manager s, AICP Recommendation DATE: June 8, 1989 r. SUBJECT: Key Biscayne and Virginia Key Areswide DRI It is the opinion of the Planning Department that preparation of an Areawide Development of Regional impact (DRI) for Key Biscayne and Virginia Kay which may take nearly two years to complete and cost a half million dollars, is not needed or justified to adequately plan and protect the resources of this area. However, if the County Commission decides to proceed, we urge that a joint Arsawide DRI be prepared that includes the land on Virginia Key that is within the City of Miami. Background The Board of County Commissioners directed the Planning Department on March 7, 1989 to conduct a public workshop to explore whether an Areawide DRI is an "... appropriate mechanism to be used to accom- modate proposed development while preserving the existing character and quality of life ..." on Key Biscayne and the unincorporated portion of Virginia Key, and to discuss the issues associated with an Areawide DRI and to report the results of the workshop and present options concerning the feasibility of an Areavide DRI for this area. (Resolution No. R-201-89) The public workshop was conducted by the Planning Department on the evening of April 27, 1989. A summary of this workshop is attached. Resolutions expressing support for the preparation of an Areawide DRI have been received from the Key Biscayne Council and the Kay Biscayne Property Taxpayers Association (attached). The Planning Department concurs with area residents that :Key Biscayne and Virginia Key are unique and valuable resources. Raw - over, staff believes that the recently adopted Dade County Compre- hensive Development Master Plan (CDMP) which was prepared under the strict mandates of the State Growth Management Act are adequate to protect these islands. Also, a Master Development Plan is currently being prepared for Crandon Park by the Park and Recreation Depart - meat which will clarify policies regarding future development of that area. Joaquin C. Aviuo - 2 - June 8, 1989 Approval on Rey Biscayne which have recently been filed with the South Florida Regional Planning Council are consistent with the adopted CDHP. The review of these DRI's will adequately address both the individual and cumulative impacts of these developments. An Areawide DRI provides a general framework for analyzing the impacts of anticipated development in an area, allocating development rights, and assigning costs and responsibilities for providing infrastructure and public facilities to service new development. Once an Areawide DRI is approved, any proposed developments of DRI magnitude within the areawide boundaries are no longer required to prepare their own DRI, which would be subject to review by the South Florida Regional Planning Council, but only submits their plans for local review in compliance with conditions specified in the Areawide DRI Development Order. An Areawide DRI assures that adequate infrastructure and facilities will be avail- able to service future development. In the case of Rey Biscayne and Virginia Key, adequate infrastructure is available to service anticipated development, the specifics of which can be more thor- oughly addressed through review of individual DRI's. Numerous concerns which are discussed below were identified at the Public Workshop as reasons justifying an areawide DRI. Following the workshop staff conducted over thirty interviews with various agencies, departments and individuals to assist us in evaluating the used for preparing an Areawide DRI. We concluded that all of these concerns can be addressed through review of the individual DRI's proposed for the area, or by other means without the necessity of engaging in an expensive and lengthy Areawide DRI. Major concern/issue issue Continued, Unrestricted Development Comments Two DRI proposals for Rey Biscayne have been filed' with the South Florida Regional Planning Council: Key Biscayne Hotel and Villas proposing an 800 room, hotel and 525 residential units, and Remm.otter/ Continental Resorts with an 800 room hotel and 600 residential units. Each of these will be thoroughly analysed by the South Florida Regional Planning Council (SFRPC) and the Metro -Dade Developmental Impact Committee (DIC) before presenting separate _ recommendations to the Board of County Commissioner*. These evaluations will consider both the cumulative - and individual impacts of these proposals. The only remaining parcels where major development may occur in unincorporated Dade County on the tvp Ways are the International Tennis Center st8d#= and the Sesquarium. Both of these developments vili'_ require the preparation of DRI's prior to approval of development/expansion. which would include e detailed analysis of the individual and cumulative Impacts of the proposed projects. i. Joaquin C. Avino - 3 - Jane 8, 1989 _— 'The Planning Department prepared a plan for Kay Biscayne in 1971 that resulted in revised development regulations and substantial dowazoning of properties located east of Crandon Boulevard. Subsequent davel- opment has been consistent with this plan and with the adopted Year 2000 and 2010 Comprehensive Develop- ment Master Plan (CDMP). Also the City of Miami pro - pared a Master Plan for the development of incorpor- ated Virginia Key in 1987. In addition, the Metro - Dade Park and Recreation Department is currently =_ preparing, with citizen involvement, a detailed _ master development plan for Crandon Park. Their plan goal doss not envision substantially increasing the number of visitors to the park, but policies and Improvements to make the park more attractive to fsmillas. Lack of Natural Resource Metro -Dade County has been a leader in the protection Protection of it's natural resources. Policies to assure pro- tection of the County's natural resources, barrier islands, beaches, mangrovas, and water bodies were adopted in December 1988 by the Board of County Commissioners in the Year 2000 and 2010 CDMP. Most of these policies are stated in the Coastal Manage- mant, Conservation, and Recreation Elements of the CDMP. These policies are utilized by County depart- ments in the review of all projects and developments within unincorporated Dade County. The two individual DRI's currently being proposed on Key Biscayne will be reviewed by numerous agencies and departments responsible for protecting the public's interest and natural resources. These reviewing bodies include the South Florida Regional Planning Council, Metro -Dade Department of Environ- mental Resources Management, Florida Department of Community Affairs, Florida Department of Environ- mental Regulation, South Florida Water Management District, Florida Department of Natural Resources, D.S. Fish and Wildlife Services, and the Q.S. Army Corps of Engineers. Compoteacy.of Thar* are adequate staff resources to review the DRI Review individual DRI 's filed for Kay Biscayne. Review: of the DRI Application for Development Approval (ADA) is performed by numerous professionals in various public agencies and governmental bodies. The SFRPC specifies the methodologies and procedures utilized by DRI applicants and their consultants in preparing an Application for Development Approval. •Ia addition to staff review by the SFRPC, ten State and Federal agencies review the ADA. In Dade County, the DIC Technical Committee is comprised of 16 mambsstir, i4 f - - z' Y r I�MI�ll..I %.�l1lRRIllblllLll� _ — --_ '. �-. < , n .. i• Joaquin G. AviO 4 - June 8, 1989 which include representatives from key County departments, the School Board. the South Florida Water Management District and State DOT. If an Areawide DRI were prepared, it would be reviewed by the same agencies and departments. Overcrowding of Schools There is overcrowding at the local elementary school. It is estimated that there are 5,645 existing dwellings on Key Biscayne. Of two DRI's currently being reviewed, Hammetter and Continental Resorts propose to construct 600 dwellings and Rey Biscayne Hotel and Villas 525 dwelling units . Beyond these units proposed in the DRI's, a total of only 26 single family and 30 condominium units remain to be developed on Key Biscayne. The applicant for the Key Biscayne Hotel and Villas DRI is offering $2.5 million to supplement the School Board's capital improvements program to construct needed facilities at Key Biscayne Elementary School. The school overcrowding problem can be addressed through individual DRI's as adequately as an Areawide DRI. Need for Local Parks The determination of local park needs is related to. residential population. This need is being reviewed by the two individual DRI's Only 56 residential units remain to be developed, excluding the DRI's under review. Aii Areawide DRI would not utilize different factors to determine the need or mitigation nathods. The Parks and Recreation Department has provided facilities in Calusa Park, and baseball and soccer fields in Crandon Park to meet local needs. Sever Capacity The Miami -Dade Water and Sewer Authority Department. (WASAD) projects adequate sewer capacity in existing 12" and 24" force mains to service potential buildout on Key Biscayne. Potential recreational us*$_ generate minimal loads (10 gal/person) compared to residential (350 gal/dwelling) and hotel uses (200 gal/room). Individual projects will be required to;' ..xr. ; pay the costs of extending facilities to their developments. It !I • �:{ 'try _ Joaquin G. Avino - 5 _ Juna 8, 3989 Hurricane Evacuation, The time needed to evacuate the keys in event of a Inadequate Roadways hurricane is a function of the number of hotel rooms and dwelling units on the islands and roadway capacity. Based on total buildout of potential hotel and residential developments, it will only require 1.4 hours to evacuate Key Biscayne with 2 lanes, and 2.7 hours with 1 lane. The Evacuation Order will provide from 7h to 13 hours of lead time prior to the onset of gale force winds (39 mph). This is more than sufficient time if the order is heeded. Roadway Blockage in The Metro -Dade Public Works Department will coordi- Hurricane Evacuation nate removal of wind blown trees from the roadway until gale force winds make conditions hazardous to ground crews. Police can also temporarily reroute off bound traffic to east bound lanes if needed, as Crandon Boulevard is a four lane divided roadway with a wide median. Adequate time is allocated for evacu- ation prior to flooding by tidal surge near Bear Cut. "Traffic Congestion at Traffic congestion on Crandon Boulevard north of the Bill Baggs State Park State Park entrance is a major problem to area resi- dents. This congestion results from cars queuing at the park's entry, which in turn prevents residents from entering and exiting their residences. Modifi- cations are needed within the park to absorb the lines of cars waiting at the entrance. It would also help to adequately alert car occupants of the park's closure before they reach the entrance. Funds have been requested by the Department of Natural Resources in the July 1989 State budget to construct a modified entry and access lane. It is recommended that a task force be appointed involving Bill Baggs State Park, Dade County Departments of Public Works, Polices Park and Recreation, and local residents to resolve this problem. The Planning Department could serve as coordinator to convene the group and accomplish the assigned task. This is a traffic operational problem and does not require an Areawide DRI for corrective action. Traffic Congestion .: As an indication of traffic congestion, Bill Baggs on Weekends. State Park closed 13 times in 1988 due to over- crowding. Traffic congestion on Rey Biscayne is severe during holiday weekends from April to September. These conditions will probably not Improve, as these beach front parks are extremely, ' popular. This periodic weekend congestion is one of the drawbacks of living on a barrier island which is also a regional recreational resource. Roadways r F -are not designed to provide free flow of holiday peak traffic. Roads are. usually designed for average pemc periods. x' Joaquin 0. Avino - 6 - June 8, 1989 Traffic Congestion Numerous special events are scheduled throughout the From Special Events year on Kay Biscayne and Virginia Key. In addition, numerous concerts and activities are held at Marine Stadium, and Crandon, Bill Beggs, and Virginia Beach — parks. These events need to be properly coordinated with civic groups, and with the Public Works, Park -_ t and Recreation, and Police Departments to lessen their —_ impacts and minimize days when they are scheduled I concurrently. _ Closure of Ocean Drive The Key Biscayne Hotel and Villas DRI proposes the closure of Ocean Drive in order to permit a more unified site plan. This local road runs parallel i to the beach and dissects the applicants property. ,j The Metro -Dada Public Works Department coordinates j the review and analysis of proposed road closures on — local traffic patterns, access, public safety, and other concerns. Closure of the roadway Will require action by the Board of County Commissioners. Local —`' road closures are an ongoing operational responsi- bility of Metro -Dade, and does not require an ! Areawide DRI. Insufficient Development Based on the special traffic analysis prepared by Capacity for Non-DRI the firm of David Plummar and Associates for the Key Development Biscayne Hotel and Villas DRI, (dated May 26, 1989) there is sufficient peak hour capacity on a Peak Season (February - April) weekend and Peak Season weekday for anticipated potential development on Rey Biscayne and Virginia Kay. Concurrency requirements for roadway level of service (LOS) will assure continued monitoring of traffic levels on these roadways. Time and Cost of Preparing A detailed scope of services would need to be pre - an Areavide DRI pared, however it is estimated that a joint Areawida DRI would cost from $400,000 to $500,000 and take from 1S to 24 months to complete. Conclusion �tY SYr 3 ar?f { sr`fi �.! w l k.tth��"{{�� � �`i ��'irb •�9'fttt�'.xy+f,' W�'! � � �i ��rt. 3^ f � r __� � l# v } ��'�:� h��>'L,�a. xF`1: �i''x' } F S y.. f rpe,s - , ,t ! ! a mucMO h s s. g S n 3 1tiL Y .. ,,, KE ! ai..Q Ca . � IE COUNCiL P.O. Box 272 11 spa`! Biscayne. F:crida 33149 ' 305/ 361-..236 FAX .:G..i 361-0v10 Jeanne Dubow C:ifford K. Brody Rafael Conte • • 1�� •.� Martin H. "Hop" Potter Betty Sime Joe 1. Rasco ?r. Helen White Raymond P. Sullivan Tito Suomi, s�''�9 Y iV'E • G� I`....� .r April 29, 1989 Mr. Reginald Walters Dade County Planning Department ill NW 1st Street Miami, FL 33128-1972 Dear Mr. Walters: I would like to commend you on your department's excellent plan- ning and organization for the public workshop held on April 27, 1989, concerning an Areawide Development of Regional Impact for Key Biscayne and Virginia Key. Howard Williams' research and pre- paration were especially appreciated. The overflow crowd at the International Tennis Center's clubhouse (which seats 200) overwhelmingly favored an areawide DRI. I hope this tremendous show of public support will be reflected in your # report to the Commissioners. Again, I want to stress the fact that the Key Biscayne Council's motion to pursue an areawide DRI was passed in November, 1988, before any ADA had been submitted. We presented our motion to Commissioner Ruvin, who favored it. But, due to his illness, he was delayed in presenting the motion before the other Commission- ers. We now ask that every effort be made to hasten the areawide i DRI process.