2014-3839 Ordinance TALMUDIC UNIVERSITY - RM-2 HEIGHTS
ORDINANCE NO. 2014-3839
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION IV, "RM-2 —
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-217,
"AREA REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR
MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES
WITHIN THE RM-2 DISTRICT ALONG ALTON ROAD BETWEEN ARTHUR
GODFREY ROAD AND WEST 34TH STREET; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social
and architectural history, as well as further the dynamic character and attraction of residential and
institutional structures within the City; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize the expansion of
residential and institutional uses in the City; and
WHEREAS, the City of Miami Beach desires to amend existing maximum building height
and number of stories for institutional projects located in the RM-2 district; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations,"
Subdivision IV, "RM-2 — Residential Multifamily, Medium Intensity," Section 142-217, "Area
Requirements," of the Land Development Regulations of the Code of the City of Miami Beach,
Florida is hereby amended as follows:
Sec. 142-217. -Area requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
7,000 50 New New Historic Historic
construction-550 construction-800 district-50 district-5
Non-elderly and Non-elderly and (except as (except as
elderly low and elderly low and provided in section provided in_
moderate income moderate income 142-1161 section 142-1161
1
housing: See section housing: See section Area bounded by Area bounded by
142-1183 142-1183 Indian Creek Dr., Indian Creek Dr.,
Rehabilitated Rehabilitated Collins Ave., 26th Collins Ave., 26th
buildings-400 buildings-550 St., and 44th St., and 44th
Hotel unit: Hotel units—N/A St.-75 St.-8
15%: 300-335 Area fronting west Area fronting
85%: 335+ side of Collins Ave. west side of
btwn. 76th St. and Collins Ave. btwn.
79th St.-75 76th St. and 79th
Area fronting west St.-8
side of Alton Rd. Area fronting
between Arthur west side of Alton
Godfrey Rd. and W Rd. between
34th St. —85 Arthur Godfrey
Otherwise-60 Rd. and W 34th
Lots fronting St. —8
Biscayne Bay less Otherwise-6
than 45,000 sq. Lots fronting
ft.-100 Biscayne Bay less
Lots fronting than 45,000 sq.
Biscayne Bay over ft.-11
45,000 sq. ft.-140 Lots fronting
Lots fronting Biscayne Bay over
Atlantic Ocean 4 5,000 sq. ft.-15
over 100,000 sq. Lots fronting
ft.-140 Atlantic Ocean
over 100,000 sq.
ft.-15
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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 following adoption.
PASSED AND ADOPTED this 42 fA day of Februa 1%!/ , 2014.
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MAYOR
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CITY QLERK
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First Reading: January 15, r
Second Reading: February 12, 2014
Verified by:
Thomas R. Mooney, AICP
Acting Planning Director
Underscore denotes new language
Stria denotes new language
1/29/2014
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I
I
3
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modify the maximum height requirements
in the RM-2 zoning district.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would increase the maximum height limits for RM-2 properties located within
the Talmudic University campus.
On January 15, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for February 12, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On December 17, 2013, the Planning Board transmitted the subject Ordinance to the City
Commission with a favorable recommendation by a vote of 5-0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager ity Manager
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AGENDA ITEM SE
MIAMMEACH 2- z
� DATE
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members f the Cit Commission
FROM: Jimmy L. Morales, City Manager
DATE: February 12, 2014
SECOND READING
SUBJECT: 4000 Alton Road —Talmudic University
RM-2 Height Ordinance
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION IV, "RM-2 —
RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-217,
"AREA REQUIREMENTS," TO MODIFY THE REQUIREMENTS FOR
MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES
WITHIN THE RM-2 DISTRICT ALONG ALTON ROAD BETWEEN ARTHUR
GODFREY ROAD AND WEST 34TH STREET; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On April 17, 2013, at the request of Commissioner Libbin, the City Commission referred
a discussion item to the Land Use and Development Committee, regarding the
redevelopment of the Talmudic University property located at 4000 Alton Road. On
September 23, 2013, the Land Use Committee referred the proposed Ordinance to the
Planning Board for consideration.
The Talmudic University at 4000 Alton Road is seeking to expand its current facilities,
including the construction of new residential buildings, as well as the use of adjacent,
surplus FDOT parcels for additional development. The University is currently operating
under a Conditional Use Permit (PB File No. 1718, approved on June 5, 2008) for a
religious institution in an RM-2 district.
ANALYSIS
The subject property at 4000 Alton Road is currently zoned RM-2, Multi-Family Medium
Intensity. The existing school and associated residential units are allowable uses within
the RM-2 district through the Conditional Use process. Pursuant to Section 142-217 of
the City Code, the maximum height limit for the property at 4000 Alton Road is 6 stories/
60 feet. The height of existing building on the site is 71'-9", according to the plans
submitted.
Commission Memorandum
Ordinance: Talmudic Site—RM2 Heights
February 12, 2014 Page 2 of 2
The University has partnered with a developer In order to accommodate a proposed
expansion of the existing University, as well as the construction of a new 8-story/85 feet
high residential building on the southern portion of the property with a total of 72
residential units. The residential units will not be part of the existing Talmudic University,
and will be a separate, multifamily residential structure, which will be subject to the same
taxation requirements as any other multifamily property in the City, unlike the current
University site which is a tax exempt educational institution. A separate lot split
application has been submitted for the Planning Board for review and approval.
The proposed code amendment would increase the maximum allowable height on the
site from the current 6 stories / 60 feet to 8 stories / 85 feet. Specifically, the proposed
amendment would modify the height regulations for the RM-2 zoning district
classification by creating a new category for the area fronting the west side of Alton
Road between Arthur Godfrey Road and West 34th Street. This area comprises one of
only three (3) RM-2 zoning districts north of Dade Boulevard and west of Indian Creek.
The other RM-2 districts in this broader area are at the southeast corner of Normandy
Isle and on the north side of Dade Boulevard between Prairie Avenue and Meridian
Avenue.
The current building on the subject site is 71'-9" height, and the proposal to increase the
height to 85 feet would be comparable to the height of the existing building and allow
more flexibility in designing a new residential project that addresses the needs and
concerns of the Talmudic University, as well as the dormitory residents. The City Code
requires an additional setback for tower portions of a building, which is considered the
portion of the building above 50 feet in height. As proposed, the new residential tower
complies with the front tower setback requirements of the City Code. However the
addition to the existing Talmudic University building fronting Alton Road would require a
front tower setback variance, as presently designed.
PLANNING BOARD REVIEW
On December 17, 2013, the Planning Board (by a 5-0 vote) transmitted the proposal to
the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have a negative fiscal impact upon the City, and should increase the
property's value, as additional apartment units will be added to the City's tax roll.
SUMMARY
The subject Ordinance was approved at First Reading on January 15, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
Ordin
JLM/ RM
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16NE I THURSDAY,JANUARY 30,2014 NE iami Hera ld.com I MIAMI HERALD
NAIAMIBEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC.HEARINGS
NOTICE IS HEREBY given that the following public hearings will be heard 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,February 12,2014:
10:10 a.m.—Single Family Development Regulations/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And
Regulations,"Division 2,"RS-1,RS-2,RS-3,RS-4 Single-Family Residential Districts,"By Amending The Criteria And Procedures For The Review And Approval Of Single-Family Residential Construction,By Replacing The
`'-Single-Family Residential Review Panel,By Clarifying And Amending The Standards And Procures For Reviewing New Construction And Additions In Single Family Districts,Including Modifications To Lot Coverage,Unit Size
-And Overall Height,By Clarifying The Below Flood Level Construction Requirements For Affected.Properties In High Flood Zones,And By Clarifying Setback And Lot Coverage Requirements.Inquiries may be directed to the
Planning Department at 305-673-7550.
10:25 a.m.—Architecturally Significant Single Family Home Retention incentives/An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning
Districts And Regulations,"Article 11,"District Regulations,"Divi,(on 2,"Single-Family Residential Districts,"By Revising The Standards And Review Requirements For New Construction,Additions And Modifications To
Properties That Contain An Architecturally Significant Single Family Home Not Located Within A Designated Historic District.Inquiries may be directed to the Planning Department at 305-673-7550.
10:40 a.m.—Alton Road Historic District Buffer Overlay/Ordinance Amending The Code Of The City Of Miami Beach,Florida,By Amending Chapter 142,"Zoning Districts And Regulations,"Article 111,"Overlay Districts,"Creating
Division 8"Alton Road-Historic District Buffer Overlay,"By Including Section 142-858"Location And Purpose,"And Section 142-859"Development Regulations,"Including Among Other Provisions Regulations On Maximum
Floor Area Ratio;Maximum Building Height;Minimum Setbacks;Building Separation;Demolition Or Additions To Contributing Buildings In An Historic District;And Land Use Regulations For Location Of Retail Uses,Restaurants,
Bars,Entertainment Establishments,Alcoholic Beverage Establishments And Similar Uses;Requiring Conditional Use Approval,Of Such Uses In Excess Of 10,000 Sq.Ft.;And Prohibiting Alcoholic Beverage And Entertainment
Establishments In Open Areas With Exceptions As Prescribed In The Ordinance.Inquiries may be directed to the Planning Department at 305-673-.7550.
10:55 a.m.—Mechanical Parking Systems/Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 130"Off-Street Parking,"Article II"Districts,Requirements,"Section 130-38,
" chanical And Robotic Parking Systems,"By Modifying The Requirements For Mechanical Parking Devices And Robotic Parking Systems.Inquiries maybe directed to the Planning Department at 305-673-7550.
11:05 a.m.-Talmudic University-RM-2 Heights/Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations,"Article II,
"District Regulations,"Subdivision IV,"RM-2—Residential Multifamily,Medium Intensity,"Section 142-217,"Area Requirements,"To Modify The Requirements For Maximum Building Height And Maximum Number Of Stories
Within The RM-2 District Along Alton Road Between Arthur Godfrey Road And West 34th Street.Inquiries may be directed to the Planning Department at 305-673-7550.
11:15 a.m.—Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 54,Entitled"Floods,"By Amending Article II,Entitled"Floodplain Management,"By Amending Division 1,Entitled"Generally,"By
Amending Section 54-35,Entitled"Definitions"By Amending The Definition Of"Substantial Improvement"To Apply To Improvements Taking Place During A One Year Period Instead Of During A Five Year Period.Inquiries may
be directed to the Building Department at 305-673-7610.
11:25 a.m.—Ordinance Amending Chapter 2 Of The City Code,Entitled"Administration,"By Amending Article III,Entitled"Agencies,Boards And Committees"To Streamline The City's Boards By Expanding The Powers,Duties
And/Or Membership Of Certain Agencies,Boards And Committees And Abolishing Those That Are Superseded By The Enhanced Agencies,Boards,And Committees.Inquiries may be directed to the City Attorney's Office at
305-673-7470.
11:35 a.m.—No Wake Zone Ordinance/Ordinance Amending The Code Of The City Of Miami Beach,By Amending Chapter 66,Entitled"Marine Structures,Facilities And Vehicles,"By Amending Article 11,Entitled"Restricted
Wake Zones,"By Amending Section 66-43,Entitled"Restricted Areas,"By Amending Subsection C Thereof Regarding The Slow Speed,Minimum Wake Zone By Amending The Boundaries Thereof And Amending Area C On
The Appendix Thereto.Inquiries may be directed to the City Attorney's Office at 305-673-7470.
11:45 a.m.—Ordinance Amending Chapter 2 Of The Miami Beach City Code Entitled"Administration,"By Amending Article IV Entitled"Officers And Employees,"By Amending Section 2-191 Entitled"Enumeration Of
Organizational Units,"By Creating The Office Of Communications,Office Of Budget And Performance Improvement,Information Technology Department,Procurement Department,Tourism,Culture And Economic Development
Department,Planning Department,Office Of Housing And Community Development,And Office Of Capital Improvement Projects;Eliminating The Divisions Under Offices And Departments;And Further Providing Amendments
To The Names Of Certain Departments And Offices.Inquiries may be directed to the Human Resources Department at 305-673-7524.
11:55 a.m.—MBERP For GSAF/Ordinance Implementing Provisions Of The 2012-2015 Collective Bargaining Agreement Between The City And The Government Supervisors Association Of Florida,OPEIU,Local 100(GSAF);
Amending The Miami Beach Employees'Retirement Plan Created By Ordinance 2006-3504;Amending Section 2.26 Of The Plan By Extending The Deferred Retirement Option Plan(DROP)Program From Three(3)To Five
(5)Years For Eligible Members;Amending Section 5.13 To Reflect Amended Eligibility And Participation Requirements And Amended DROP Plan Features;Amending Section 4.03 By Eliminating The Purchase Of Additional
Creditable Service For Certain Members;Amending Section 6.03 Requiring The City To Contribute At Least The Normal Cost To Pension Each Year,Requiring An Experience Study At Least Every Three(3)Years And Requiring
Five(5),Ten(10)And Twenty(20)Year Projections Of Required Pension Contributions As Part Of The Annual Actuarial Valuation.Inquiries may be directed to the Human Resources Department at 305-673-7524.
Dr.Stanley Sutnick.Citizen's Forum—Pursuant to Resolution No.2013-28440,the times for the Dr.Stanley Sutnick Citizen's Forum have been changed to 8:30 a.m.and 1:00 p.m.,or as soon as possible thereafter.
Approximately thirty minutes will be allocated to each session,with individuals being limited to no more than three minutes or for a period established by the Mayor.No appointment or advance notification is needed in order
to speak to the Commission during this Forum.
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,151 Floor,
City Hall,Miami Beach,Florida 33139.Copies of these items are available for public inspection during normal business hours in the City Clerk's Office,1700 Convention Center Drive,151 Floor,City Hall,Miami Beach,
Florida 33139.This meeting,or any item herein,may be continued,and under such circumstances,additional legal notice need not be provided.
Rafael E.Granado,City Clerk
City of Miami Beach
Pursuant to Section 286.0105,Fla.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 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 us five days in advance at 305-673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
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