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Home My WebLink About2006-3515 Ordinance ORDINANCE NO. 2006-3515 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," BY ADJUSTING THE HEIGHT FOR ANY NEW CONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES IN THE FLAMINGO PARK LOCAL HISTORIC DISTRICT., PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the residents of the Flamingo Park Historic District are concerned about the incompatibility of new construction in this Historic District; and WHEREAS, the height and scale of the new construction may be responsible for the incompatibility with the as-built character of this neighborhood; and WHEREAS, in order to alleviate this shortcoming, it is necessary to amend the current requirements of the City Code; and WHEREAS, the proposed amendment is necessary to improve the general health and welfare of the citizens of the City of Miami Beach. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That, "Subdivision II, "RM-1 Residential Multifamily Low Intensity," is hereby amended as follows: Sec. 142-155. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Width Unit Size Unit Size Building Height Number (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) of Stories 5,600 50 New construction--550 New construction--800 Historic district-40 Historic district--4 Elderly housing: See Elderly housing: See Flaminao Park Flaminao Park section 142-1183 section 142-1183 Local Historic Local Historic Rehabilitated buildings-- Rehabilitated buildings- District: - 35 District - 3 400 -550 (except as (except as provided in section provided in 142-1161) section 142- Otherwise--50 1161) Otherwise--5 1 of 2 SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect ten days followin PASSED and ADOPTED this 10th day of MAYOR David Dermer ATTEST: ~l ~dA~ Robert Parcher Verified by: APPROVED AS TO RM AND LANGUAGE & FOR EXECUTION 5/"/" Date First Reading: Second Reading: Underscore d tes new language F:\PLAN\$PLB\draft ordinances\1756 - Flamingo FAR & Height\FAR & Height ord PB version.doc 2 of 2 COMMISSION ITEM SUMMARY Condensed Title: Amendment pertaining to reducing the height and the number of floors permitted in the RM-1, residential multi-famil zonin district within the Flamin 0 Park Local Historic District. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character. Issue: Should the height and number of floors currently permitted in the RM-1 zoning district within the Flamin 0 Park Local Historic District be ermitted. Item Summary/Recommendation: The proposed ordinance would reduce the height from the current 40 feet to 35 feet, and from four floors to three, but only in the RM-1 within the Flamingo Park Local Historic District.. The Administration recommends that the Commission adopt the ordinance after the second reading and public hearing. Advisory Board Recommendation: The Planning Board, at the February 28, 2006 meeting, made a motion and approved by a vote of 4-2 (one member absent), to recommend approval of the ordinance as modified - not reducing the FAR but lowering the height and the number of floors permitted. Financial Information: Source of Funds: D aSPI Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares in .... MIAMI BEACH AGENDA ITEM DATE Rs\) $"-10....0" ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ~ May 10, 2006 0 Second ReadinQ Public hearinQ TO: DATE: SUBJECT: Flamingo Park Local Historic District - reduction in height and number of floors. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," BY ADJUSTING THE HEIGHT FOR ANY NEW CONSTRUCTION OR ADDITIONS TO EXISTING STRUCTURES IN THE FLAMINGO PARK LOCAL HISTORIC DISTRICT. PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND Auqust 9, 2005: the Historic Preservation Board adopted a resolution urging the adoption of an amendment to the Land Development Regulations that would lower the maximum allowable FAR from 1.25 to 1.0 and the maximum allowable height from 4 stories/40 feet to 3 stories/30 feet, in the RM-1 zoning district within the Flamingo Park Local Historic District. SeDtember 8, 2005: the City Commission referred this Resolution to the Land Use and Development Committee. October 10. 2005: the Land Use and Development Committee recommended that the Historic Preservation Board resolutions be referred to the full Commission for discussion. December 7, 2005: the City Commission discussed these resolutions and referred them to the Planning Board. Commission Memorandum May 10, 2006 RM-1 (Flamingo Park) - reduction in height Page 2 Januarv 24. 2006: after discussion and comments from the public, the Planning Board directed staff to prepare an ordinance for public hearing that would lower the FAR and the height for the RM-1 zoning district within the Flamingo Park neighborhood. ANAL YSIS At the direction of the Planning Board, an ordinance affecting only the RM-1 zoning district within the Flamingo Park Local Historic District was drafted, lowering the FAR from 1.25 to 1.0, reducing the height from 40 feet to 35 feet, and reducing the permitted number of floors from four to three. A cursory search of new developments approved by the Historic Preservation Board revealed that the 1.25 FAR can be achieved within three floors, including some open-air amenities, such as pools and pool decks provided on the roof and some of the required parking on the ground floor. Thus, the recommendation to the Planning Board was that the reduction in FAR was not necessary, and the FAR should remain at 1.25, which would be the same as in other RM-1 districts throughout the City. The purpose of this new regulation is to create compatible development with the as-built character of the historic district. The majority of the Flamingo Park neighborhood consists of buildings that are two and three floors in height. By reducing the number of floors and lowering the height to 35 feet, the purpose of compatibility is achieved without the need of reducing the FAR. PLANNING BOARD ACTION At the February 28, 2006 meeting, a motion was made and approved by a vote of 4-2 (one member absent), to recommend approval of the ordinance as modified - not reducing the FAR but lowering the height and the number of floors permitted. CITY COMMISSION ACTION At the April 11 , 2006 meeting, the City Commission approved the proposed ordinance on first reading and set a second reading public hearing for the May 10, 2006 meeting. In addition, the Commission requested that the Administration prepare an ordinance lowering the FAR in the Flamingo Park Local Historic District from 1.25 to 1.0 and present it for first reading at the May 10, 2006 meeting. The Commission also requested that in the interim, the ordinance be referred to the Land Use and Development Committee for discussion. FISCAL IMPACT This proposal has no associated negative fiscal impact upon enactment. CONCLUSION Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations of the City Code does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in Commission Memorandum May 10,2006 RM-1 (Flamingo Park) - reduction in height Page 3 full on at least two separate days and shall, at least ten days prior to adoption. be noticed once in a newspaper of general circulation in the city. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of the City Commission. JMG/TH/JGG/ML T:\AGENDA\2006\may1006\Regular\1756 - Flamingo Height cc 5-10-06.doc Flamingo Historic District Miami Beach LEGEND I tj I . ~ ;11"""1 LINCOLN RD LINCOLN MALL RD IL \. 1 1 r ~ .. _,,~~l].~~LIJSi'~ \\\H~r -lmI== ~ ~ - W . ., r---',--- - ,)i{ ~. ~ r-- ill :f6TrIS~ 6 r _ ~ IWII c:J-1.1"6TH-ST~~ r-ro F- \ _ l~ I ~~ . .. . . 'I OJ1JJ r ~ z ~ .. 0 1 lYr~~l~ i, ~ '- J NUMBER OF ~rr'51HS~~ III I~~. ~ ~ Wiftl1!"~ES.A"er1 · FLOORS t= f- .l!!I!I.IJ.+ 6fi1 fa ~,v.eam ~ ~ ~~ll r r-I 2 -= (;i ~~ ~14:r.f.ias:r~ L-J t::::ta ~ ;:::=~: ~ . p:~I--~1 3 _.w~' ~iitt .:-10 fi~'. ~~~i::sr ~ , 3;5 , 7~O , , , 'iO'lFeet ~"H""" ~! ~~ . ~~1~~E~I~~I~~~R~'''.~ 'I ~~ ~~~ ~If :_ F ~~'" _ ~~3~~~;fl~~r~reasqfl, ~~;; ~~~; ~t ~:T.~~~~~;' ~ e- !i ~~ &~ ~~~, .::~ ,>- 1--0 _,~ <:::. '--ci) ------468------ ______~_---- ~~ m 5- ::=::]~L:=:: ::=:?~~~=::= - ~R n8 BB 0 D~? ::=::-~~-::-:: ::-J%~-::= I ECdfTI1 OJJa BEl tJi 'J 41 5% Irlnl~\r I · ._ b'JiiiI ! .... , ~'t1 ~-, .. . --study area [riVE - TEN 315,196 6% FOUR 226,520 4% THREE 599,602 11% -- ~o 4,011,599 71% \, Total Lots by Number of Floors e MIAMI BEACH' . CITY' OF MIAMI BEACH NOTICE OF A PUBLIC HEARING ~OTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of ' Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 10, 2006, to consider the following: . 10:45 a.m. An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending ArtIcle IV; Entitled "Noise," By Amending Section 46-156, Entitled "Temporary' Permits, "By Amending .' The Prbl1lblted AreaS For Construction Noise And Providing Exceptions Thereto; Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation,"By Amending The Procedures For Warnings In Single Family Zoning Districts. INQUIRIES may be directed to the City Manager's Office at (305) 673-7010. I *.5:05C.m. . I An rdinance Amending Chapter 142, "Land Development I Regulations," Of The City Code; By Amending Division 3, "Residential Multifamily Districts." SubdivISion II, "RM-1 Residential Multifamily Low Intensity," By Adjusting The Height For Any New Construction Or Additions To existing Structures In The Flamingo Park Local Historic District. INQUIRIES may be directed to the Planning Department at (305) 673-7550. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and contln!led and, under such circumstances additionallegat notice would not be provided. Robert E. Parcher City Clerk City of Miami Beach Pursuant to Section 286.0105, Aa. Stat., the City hereby advises the public that If a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record Includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise' inadmissible 'or irrelevant evidence, nor I does it authorize challenges or appealS not otherwise allowed by law. To request this material in. accessible format,' sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (.v. oi~!ll, J~Q.5}.673-7218(:r:r(t five day!"!'. in.n advance to inltiat.e yo.ur re~r'~"l\~~'WIJI1lIOt\,\"\.l 2.7 ~ :::i .... if .< ~ o Vl a: => % I- I. I' ~ z l! E o v .,; ~ '" % E ro :E lD ;[