Ordinance 88-2597 ORDINANCE NO. 88-2597
AN ORDINANCE OF THE CITY OF MIAMI BEACH,
FLORIDA AMENDING THE COMPREHENSIVE ZONING
ORDINANCE NO . 1891 ; PROVIDING FOR AN
AMENDMENT TO SECTION 12-6 ENTITLED TRANSFER
OF DEVELOPMENT RIGHTS AND UNUSED FLOOR AREA,
PROVIDING FOR RULES AND REGULATIONS FOR THE
TRANSFER OF UNUSED FLOOR AREA FROM CITY-
OWNED PROPERTY TO CONTIGUOUS, SEPARATELY
OWNED PROPERTY IN THE CPS-4 ZONING DISTRICT;
PROVIDING FOR INCLUSION WITHIN THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1: That Section 12 , Subsection 12-6 of Zoning Ordinance
No. 1891 entitled Transfer of Development Rights and Unused Floor
Area is hereby amended pursuant to subsection 12-6A by the
addition of Section 12-6H to read as follows :
Section 12-6H. Rules and Regulations for Transfer of unused
floor area from Municipal Use district to
contiguous, separately owned property in the
CPS-4 district.
A) Intent. It is intended to permit joint action by
City and adjoining property owners to allow greater
flexibility in the use or pattern of development of land, to
the extent that this can be done without adverse effects on
public regulatory purposes. It is, therefore, intended that
upon application of City and of the owner of contiguous
property, that the City Commission may authorize a permit if
a logical pattern of development is proposed , and any
development of such property would be allowable if they
formed a parcel in single ownership, or if their interior
lot lines were differently located. The transfer of unused
floor area is desirable for purposes of enhancing the
overall development , the creation of view corridors , and
creation of public and semi-public spaces within the
project ,
B) Application for permit . In addition to general
procedures and requirements of this section, the following
requirements and limitations shall apply:
1 ) Applicants shall be City and owners of adjoining
lots located in a CPS-4 district .
2 ) Application shall be filed with Planning and
Zoning Director . City Commission shall approve
permit and agreement transferring unused floor
area .
3 ) Applicants shall submit a plan demonstrating a
general description of the manner in which the
project shall be constructed . Plans shall
include, but not be limited to, a site plan and
elevations .
4 ) The applicants shall agree to bind themselves and
their successors in title , individually and
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collectively , to maintain the pattern of
development proposed in such a way that , for the
area of agreement as a whole , there will be
conformity with applicable zoning regulations . No
such agreement shall be accepted without approval
of the City Attorney as to the legal sufficiency
of the documents involved.
5 ) If variances are required, no agreement shall be
executed until the Board of Adjustment approves
the development .
C) Findings required to support issuance of permit ;
limitations on effect of permit.
Upon written findings ( that the area of land covered by the
agreement : )
1 ) is compact , regular , and logical in relation to
the form of development proposed; and
2) that the proposed development for the area covered
by the agreement as a whole conforms to the intent
and requirements set out above; and
3 ) that the proposed agreement assures future
protection of public interest and achievement of
public objectives to the same or higher degree
than would application of regulations to
individual properties,
the transfer of unused floor area shall be issued, provided
approval as to the legal sufficiency of the documents
involved has been obtained from the City Attorney.
D) Recording Agreement.
Within thirty days of approval of the transfer of unused
floor area, the development agreement, which shall be part
of the conditions , shall be recorded by the applicant with
the clerk of the circuit court for Dade County, Florida.
E) Changes in development plan or agreement.
The approved development plan and the agreement between the
owners shall not be changed unless such change be approved
by the City Commission and such other agencies and boards
which were involved in the initial approval . -
SECTION 2: INCLUSION IN ZONING ORDINANCE NO. 1891 .
It is the intention of the City Commission , and it is hereby
ordained that the provision of this ordinance shall become and be
made a part of the City of Miami Beach Zoning Ordinance No. 1891
as amended; that 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 3: REPEALER. All Ordinances or parts of Ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 4: SEVERABILITY. If any section, sub-section, sentence,
clause, phrase, or portion of this Ordinance is, for any reason,
held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions of this Ordinance.
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SECTION 5: EFFECTIVE DATE
This ordinance shall become effective ten ( 10 ) days after
adoption on January 30 , 1988 .
PASSED AND ADOPTED 20th day of January , 1988 .
LAI
MAY
ATTEST:
4/4/41401 albill#
CITY CLERK
1st Reading - January 6, 1988
2nd Reading - January 20, 1988
LEGAL FORM APPROVED:
Date f `.2
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