Attachment 29
~'TY OF MIAMI BEACH
'TY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
p:\\cLm iami-beach. fl. us
COMMISSION MEMORANDUM NO. ~ - 9 ~
TO:
Mayor Neisen O. Kasdin and
Members of the City C mission
DATE: December 15,1999
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
Altos Del M -3 Development Regulations
An Ordin ce of the Mayor and City Commission of the City of Miami Beach,
Florida Amending the Code of the City of Miami Beach, Florida, Amending
Chapter 142 Entitled "Zoning Districts and Regulations", Division 2 En titled
RS-1, RS-2, RS-3, RS-4 Single-family Residential Districts Section, Section
142-105 Entitled "Development Regulations and Area Requirements" by
Setting the Minimum Lot Width for Oceanfront Lots in the RS-3 Zoning
District at 50 Feet; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date.
ADMINISTRA TION RECOMMENDATION
The Administration recommends that the City Commission, upon first reading, approve the
proposed amending Ordinance.
ANAL YSIS
The consideration of an amendment to the Land Development Regulations of the City Code to
allow development of the oceanfront single family lots in the Altos Del Mar area at a lot width at
50 feet was referred to the Planning Board by the City Commission on September 15, 1999 at the
request of Commissioner Simon Cruz.
Currently, the Code of the City of Miami Beach specifies a 60 foot required lot width for properties
located in the RS-3 Single-Family Residential Zoning District. However, in the Altos Del Mar
area, the historic oceanfront lots located in the RS-3 Zoning District were historically platted with
a lot width of 50 feet. In order to develop said 50 foot wide single family residential lots, variances
would need to be received from the Board of Adjustment because of the 60 foot lot width
requirement for these properties.
As this area is part of a designated historic district, it is important to ensure that development of
these lots is done according to their historically platted dimensions. Therefore, an amending
ordinance has been proposed which would set the required lot width for these properties (the Altos
AGENDA ITEM
RSK
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DATE
385
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Commission Memorandum
December 15, 1999
Altos Del Mar RM-3 Development Regulations
Page 2
ANAL YSIS (Continued)
This will allow development to proceed using the historically platted lot dimensions without the
need for variances. Note that this ordinance does not affect the 11 contiguous lots that were
redesignated to ROS Recreation and Open Space (park use) by the City Commission on July 20,
1999.
At its November 22, 1999 meeting, the Planning Board voted 6-0 to recommend the approval of
the proposed amending ordinance.
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In reviewing a request for an amendment to the land development regulations, the Board shall
consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive plan
and any applicable neighborhood or redevelopment plans.
Consistent - The amendment is consistent with the City of Miami Beach Comprehensive
Plan, and to the plans put forward in the 1994 study "Development Plan and
Design Guidelines for the North Beach Neighborhood" prepared for the
City by Andres Duany and Elizabeth Planter-Zyberk. Although this
document was conceptually approved it was never formally adopted.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts.
Consistent - The amendment does not create an isolated district; rather, by permitting
development of the single family lots located in the oceanfront RS-3
district, the residential character of the subject area can be ensured.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the
city.
Consistent - The amendment is not out of scale; the historical pattern of platted building
lots in the oceanfront RS-3 district consists of 50 foot wide residential lots.
The further development of the City's historic districts is an important goal
for the North Beach neighborhood and the City as a whole.
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Commission Memorandum
December 15, 1999
Altos Del Mar RM-3 Development Regulations
Page 3
ANAL YSIS (Continued)
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent - The proposed amendment should not tax the existing load on public
facilities and infrastructure.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Consistent - The oceanfront RS-3 area, located in the Altos Del Mar section of North
Beach, has historically been configured as a single family residential zone.
6. Whether changed or changing conditions make the passage of the proposed change
necessary .
Consistent - The subject area was redesignated in the Comprehensive Plan in 1994 to
RS, from its previous dual designation of ROS/RS. It was also designated
as part of a historic district in 1996, to encourage appropriate single family
redevelopment. The proposed amending ordinance is needed at this time
to ensure that sale of the State-owned lots can proceed in a nonnal fashion.
7.
Whether the proposed change will adversely influence living conditions in the
neighborhood.
Consistent - The proposed amendment should not adversely influence living conditions
in'the neighborhood.
8.
Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
Consistent - The proposed change will not reduce LOS for the area traffic circulation.
9.
Whether the proposed change will seriously reduce light and air to adjacent areas.
Consistent - The proposed change will not reduce access to light and air.
387
Commission Memorandum
December 15, 1999
Altos Del Mar RM-3 Development Regulations
Page 4
ANAL YSIS (Continued)
10. Whether the proposed change will adversely affect property values in the adjacent area.
Consistent - By ensuring that single family residential development can proceed in the
subject Altos del Mar, the future viability of the surrounding area, and its
property values, should be enhanced.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed amending ordinance does not hinder the improvement or
development of adjacent property in accordance with existing regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing future land use regulations.
Consistent - While the future land use regulations permit development of the oceanfront
RS-3 building parcels with single family residential dwellings, the Land
Development Regulations ofthe City Code contain lot width requirements
at odds with the historical platted dimensions of the subject lots. The
proposed amending ordinance is required in order to bring the development
regulations into harmony with the dimensions of the subject lots.
13. Whether it is impossible to fir.d other adequate sites in the city for the proposed use in a
district already permitting such use.
Consistent - The lots in question in the Altos Del Mar area are the last remaining
oceanfront single family residential lots within the City of Miami Beach,
and are located in a designated historic district, which envisions the
eventual development of these lots with single family residential homes.
Based on the foregoing analysis, it is recommended that the Planning Board recommend approval
of the proposed amendment to Section 142-105 of the Land Development Regulations ofthe City
Code.
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T:IAGENDA \] 999\DEC I 599\REGULAR\J 429CMM. WPD
388
EXISTING ZONING DISTRICT MAP
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~ ALTOS DEL MAR OCEANFRONT LOTS
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_.,-"'-_..."--~.,--.-- -
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142
ENTITLED "ZONING DISTRICTS AND REGULATIONS", DIVISION 2
ENTITLED RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL
DISTRICTS SECTION, SECTION 142-105 ENTITLED "DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS" BY SETTING THE
MINIMUM LOT WIDTH FOR OCEANFRONT LOTS IN THE RS-3 ZONING
DISTRICT AT 50 FEET; PROVIDING FOR INCLUSION IN THE CODE OF
THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY;
AND AN EFFECTIVE DATE.
WHEREAS, the Code ofthe City of Miami Beach currently specifies a 60 foot required lot
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width for properties located in the RS-3 Single Family Residential Zoning District; and,
WHEREAS, certain historic oceanfront properties in the City of Miami Beach located in the
RS-3 Zoning District were historically platted with a lot width of 50 feet; and,
WHEREAS, in order to develop said 50 foot wide single family residential lots, variances
would need to be received from the Board of Adjustment because of the 60 foot lot width
requirement for these properties; and,
WHEREAS, the City Commission desires to ensure that development of these lots, located
within a designated historic district, is done according to their historically platted dimensions;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 142-105, entitled "Development regulations and area requirements II of
Chapter 142, entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach,
Florida is hereby amended to read as follows:
DIVISION 2. RS-l, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS
*
*
*
Sec. 142-105. Development regulations and area requirements.
*
*
*
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(b) Lot width, unit size and building requirements. The lot area, lot width, unit size and building
height requirements for the RS-l, RS-2, RS-3, RS-4 single- family residential districts are as follows:
Minimum Minimum Minimum Maximum Maximum
Lot Lot Unit Size Building Number
Area Width (Square Feet) Height of Stories
(Square Feet) (Feet)* (Feet)
RS-l = 30,000 RS-l = 100 1,800 25 or 50% of 3
lot width,
whichever is
greater, up to a
maximum of33
RS-2 = 18,000
RS-2 = 75
RS-3 = 10,000
RS-3 =
oceanfront: 50
all other: 60
RS-4 = 6,000
RS-4 = 50
*Except those lots fronting on a cul-de-sac or circular street as defined in lot width.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA
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.
391
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 on the _ day of
'-'
PASSED and ADOPTED this
day of
'-'
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ATTEST:
MAYOR
CITY CLERK
F^l'LANlSPLBINOIl\AL TOI429114290RD. WPD
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
JJf.l/If}dL
CIty Attorney
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Date
392
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After Action
December 15, 1999
City of Miami Beach
R5J Commission Memorandum No. 928-99
Motion Picture Theater Hours of Operation
An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 6, Entitled
"Alcoholic Beverages", Section 6-4, Entitled "Location and Use Restrictions", by Restricting the Hours
of Operation of Motion Picture Theaters; Providing for Inclusion in the Code of the City of Miami
Beach, Florida; Repealer; Severability; and an Effective Date. First Reading
Administration Recommendation: Approve the Ordinance on first reading and schedule a public hearing
for second and final reading.
(Planning Department)
ACTION: Motion made by Commissioner Cruz to approve the ordinance on first reading amending
the not permitted to operate hours from (between the hours of2:30 a.m. and 7:30 a.m.) to (between the
hours of 3:00 a.m. and 8:00 a.m. for the entire complex); seconded by Commissioner Bower; ballot
vote: 6-0; absent: Commissioner Dermer. Second reading and public hearing scheduled for January
12th at 10:30 a.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.
R5K Commission Memorandum No. 929-99
Altos Del Mar RS-3 Development Regulations
An Ordinance Amending the Code of the City of Miami Beach, Florida, Amending Chapter 142,
Entitled "Zoning Districts and Regulations", Division 2 Entitled RS-1, RS-2, RS-3, RS-4 Single-Family
Residential Districts Section, Section 142-105 Entitled "Development Regulations and Area
Requirements" by Setting the Minimum Lot Width for Oceanfront Lots in the RS-3 Zoning District at
50 Feet; Providing for Inclusion in the Code of the City of Miami Beach, Florida; Repealer;
Severability; and an Effective Date. First Reading
Administration Recommendation: Approve the Ordinance on first reading and schedule a public
hearing for second and final reading.
(Planning Department)
ACTION: Ordinance approved on first reading. Motion made by Commissioner Cruz; seconded by
Commissioner Bower; ballot vote: 7-0. Second reading and public hearing scheduled for January 26th
at 2:30 p.m. R. Parcher to publish notice. Judy Hoanshelt to place on Commission agenda.
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