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Ordinance 91-2733 ORDINANCE NO. 91-2733 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS" OF CITY OF MIAMI BEACH COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY ADDITION OF SUBSECTION 7-12, ENTITLED "SUPPLEMENTARY CONVENTION CENTER PARKING," PROVIDING FOR THE ISSUANCE OF SUPPLEMENTARY CONVENTION CENTER PARKING PERMITS AUTHORIZING THE USE OF VACANT LOTS IN THE RM-1, RM-2, CD-1, CD-2 AND CD-3 ZONING DISTRICTS LOCATED WITHIN TWENTY-FIVE HUNDRED FEET OF THE CONVENTION CENTER, FOR OPERATION AS COMMERCIAL PARKING LOTS FOR THE DURATION OF SCHEDULED EVENTS REQUIRING ADDITIONAL PARKING; ESTABLISHING STANDARDS FOR THE OPERATION OF SAID LOTS; PROVIDING FOR SEVERABILITY, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there are instances when available parking is inadequate to accommodate anticipated parking needs for certain events scheduled for the Miami Beach Convention Center; and WHEREAS, the lack of adequate parking for certain Convention Center events constitutes a serious problem for exhibitors participating in the events and poses a threat to the safety and welfare of persons attending the events; and WHEREAS, in the immediate vicinity of the Convention Center, vacant lots exist which may be utilized for supplementary convention center parking for the duration of particular events requiring such parking. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 7, entitled "Parking Regulations" of City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665, be amended by addition of Subsection 7-12 , entitled "Supplementary Convention Center Parking" to read as follows: 7-12 SUPPLEMENTARY CONVENTION CENTER PARKING A. Whenever the City Manager determines that there is inadequate available parking to accommodate anticipated parking needs for a particular event scheduled for the City' s Convention Center, the City Manager shall authorize the issuance of Supplementary Convention Center Parking Permits allowing the operation of vacant lots in the RM-1, RM-2 , CD-1, CD-2 and CD-3 Zoning Districts located within 2500 feet of the Convention Center as Commercial Parking Lots for the duration of a particular event. 1. "Vacant Lot" as used in this subsection shall mean an unimproved Lot, either paved or not paved. 2 . Distance from the Convention Center shall be measured from any Exterior facade of the Building. 3 . The authority to issue supplementary_ Convention Center parking permits shall be limited to two (2) years from the passage of this Ordinance. No permits shall be issued after , 1993 . B. Occupational license required - permitting process. 1. Any Owner of a vacant Lot located in the area described in paragraph "A" above who wishes to be eligible for Supplementary Convention Center Parking Permits must obtain an Occupational License for the operation of such Lot pursuant to Chapter 20 of the Miami Beach City Code. Occupational Licenses shall only be issued for Lots complying with the standards set forth in paragraph "C" of this subsection. 2 2 . When the City Manager authorizes the issuance of permits pursuant to paragraph "A" above, the City Manager or a designee shall notify all owners of vacant Lots holding an Occupational License to operate such a Lot, of a forthcoming event; any such owner who wishes to operate his Lot for supplementary parking during the particular event in Question may obtain a permit for this purpose. C. All vacant Lots utilized for supplementary convention center parking pursuant to this subsection shall comply with the following standards: 1. Lots that are not paved shall be graded to remove surface depressions and mounds and sodded with grass which shall be maintained in good condition and at a reasonable height at all times. 2 . Lots shall comply with the property maintenance standards for vacant lots in Section 17B-29 of the Miami Beach City Code. 3 . When lighting is utilized, it should be shielded from adjoining properties. 4 . If the Lot is fenced, the fence shall be kept in good repair. Fences installed after October 1, 1989, shall meet the requirements of Section 6-25 B.8 of this Ordinance. 5. Temporary signage shall be displayed only during events for which Supplementary 3 Convention Center Parking Permits have been issued and shall be limited to two five (5) square feet Signs per Lot; said signage shall be securely mounted. Any Signs directing traffic to the Lot shall be approved by the City' s Public Works Department prior to installation. 6. Each Lot shall have a curb cut or ramp approved by the City's Public Works Department to facilitate the entrance and exit of vehicles. 7 . Any lot which is designed to be operated for self-parking shall provide for adequate ingress and egress. 8 . Temporary Structures shall not be placed on Lots used for supplementary convention center parking, and all existing temporary Structures shall be removed. D. No Lot shall receive more than 6 Supplementary Convention Center Parking Permits per year. E. Supplementary Convention Center Parking Permits shall not be issued for parking spaces which currently constitute required parking for some other Use. F. If the City Manager finds that the operation of a Lot for Supplementary Convention Center Parking has an adverse effect on the welfare of surrounding properties, the Occupational License may be revoked pursuant to the procedures set forth in Article II 4 ;4 of Chapter 20 of the Miami Beach City Code. Section 3. Repealer. That 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 (10) days after passage. PASSED and ADOPTED this 6th day of February 1991 . / AL,It , MA_OR —"I' ATTEST: CITY CLERK A:/Amend7 .ord. 1st reading 1/23/91 2nd reading 2/6/91 FORM APPROVED LEGAL DEPT. By � 5 c e Date /- 17 - `11 5 ee, 4 NeFea % =Mi eF4,,, FLORIDA 3 3 1 3 9 ss •• \y'y I* 1NCORP 0A"TE°)*I "VA CA TIONLAND U. S. A. " 26r- OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 gI COMMISSION MEMORANDUM NO. - . . DATE: JANUARY 23, 1991 TO: Mayor Alex Daou• .nd 111PMembers of the ity Comm sion II 4ifirt FROM: Rob W. Par ins Vriek \ City Manager g, SUBJECT: PLANNING BOARD RECOMMENDATION TO AMEND ZONING ORDINANCE 89-2665 SUPPLEMENTARY CONVENTION CENTER PARKING THE REQUEST . The City of Miami Beach Administration has requested the consideration of an Ordinance amending Comprehensive Zoning Ordinance 89-2665 by the addition of Subsection 7-12 entitled "Supplementary Convention Center Parking." Said amendment would provide for the issuance of Supplementary Convention Center Parking permits authorizing the use of vacant lots in the RM-1, RM-2, CD-1, CD-2 and CD-3 zoning districts located within twenty-five hundred feet of the Convention Center for operation as commercial parking lots for the duration of scheduled events requiring additional parking. The Ordinance also establishes standards for the maintenance and operation of said lots. The Planning Board, at its special meeting of January 8, 1991 voted 5-0 to recommend approval of this Ordinance, conditioned with certain changes that have been incorporated into the text and which are outlined below under the heading "The Proposal". BACKGROUND It has been recognized and generally acknowledged for some time that there is inadequate parking near the Miami Beach Convention Center during certain scheduled events. This lack of parking can and does constitute a serious problem for exhibitors participating in these events and also poses a threat to the safety and welfare of persons attending these events due to the increased traffic congestion caused by those drivers seeking parking spaces. This inadequate parking situation has been recently exacerbated by the partial closing of the second level of the two-story parking garage on Lincoln Road; this closure represents a loss of roughly 300 spaces that normally service the Convention Center. The City Administration continues to study the parking situation surrounding the Convention Center, fully anticipating that bookings and visitors will increase under the pending management agreement with Spectacor and that there will be a need for permanent parking solutions. In the meantime, it believes that one of the solutions is the use of vacant lots in the immediate vicinity of the Center for supplementary parking for the duration of particular events which generate the exceptional need for more parking than is normally required. The RM-1, RM-2, CD-I, CD-2 and CD-3 zoning districts allow for permanent commercial parking lots as a conditional use. However, because the demand for parking at the Convention Center is variable, the construction of lots to meet City standards is not economically feasible since they would often remain unused. The paving of vacant lots for parking would also leave these sites as hot, desolate and more unattractive than if they were left in a more natural state with a grass surface. THE PROPOSAL The proposed ordinance, therefore, calls the obtaining of an occupational license to be eligible for a Supplementary Convention Center Parking Permit. The City Manager would authorize the issuance of such permits on an event to event basis; no lot would receive more than six (6) permits per year. The authority to issue these permits would be limited to two (2) years from the passage of the Ordinance. Standards for the maintenance and operation of these lots would include: • 23 1 AGENDA ITEM q i DATE /t— �— I I lots that are not paved shall be graded to remove depressions and mounds and sodded with grass that is continually manicured; lots shall comply with property maintenance standards; lighting, if used, shall be shielded from adjoining properties; fences shall be in good repair (fences installed after October 1, 1989 shall meet present design requirements); temporary signage shall be limited to two 5 square feet signs to be displayed only during permitted events; curb cuts or ramps shall be approved by Public Works Department; lots designed to be operated for self-parking shall provide for adequate ingress and egress; and, all temporary structures shall be removed and prohibited. The City Manager would have the reserved right to revoke an Occupational License for the operation of a lot for Supplementary Convention Center Parking if he finds that its operation has an adverse effect on the welfare of surrounding properties. Permits would also not be issued for parking spaces which currently constitute required parking for some other Use. It should be added for clarification that the Planning Board's conditioned approval incorporated the following changes to the Ordinance: A sunset provision be added as Sub-section 7-12A.3, limiting to two years the authority to issue such permits; Sub-section 7-12 BA be changed to require grading of property to remove surface mounds and depressions prior to sodding; Sub-section 7-12 C.7 be added to require adequate ingress and egress on lots designed to be operated for self-parking; and Sub-section 7-12 C.8 be added to replace former Sub-section 7-12 C.7 which provided for maintenance standards of vacant temporary structures by requiring instead that all temporary structures shall be removed and prohibited from these lots. RECOMMENDATION The Administration recommends that the City Commission approve this Ordinance as recommended and changed by the Planning Board. DJG:jm commisn\pa Attachment 2 24 )n c P' m 4-I k "1 •0 '0 bD SI-1 0 O 1 N a O N. 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P a b0 E P 0 P b0 1 D a e i-I a) a 0.. D,co $+ 0 0 Z o .0 0 4- cd P. R' c...) ,.0 :: P.v •ri Y -1 +J a 0 P. 0 r ORDINANCE NO. 91-2768 ---------------- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: 1. AMENDING SECTION 3, "DEFINITIONS," AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY ADDING A DEFINITION OF BUILDING SITE AND AMENDING THE DEFINITION OF LOT WIDTHj 2. AMENDING SECTION 5, "GENERAL PROVISIONS," AMENDING SUBSECTION 5-8, ENTITLED "DIVISION OF LOT(S)/LOT -SPLIT" ADDING CRITERIA FOR REVIEWING APPLICA TIONS FOR DIVISION OF LOTS OR LOT SPLITS AND ESTABLISHING AN APPLICA TION FEEj 3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING SUBSECTION 6-1, ENTITLED "RS-1,RS-2.RS-3,RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS" TO EXCLUDE CERTAIN LOTS FRONTING ON CUL-DE-SACS AND CIRCULAR STREETS FROM LOT WIDTH REQUIREMENTSj 4. ADDITION TO SECTION 17, "PLANNING BOARD," OF SUBSECTION 17-6, ENTITLED "DIVISION OF LOTS/LOT SPLIT APPEAL PROCEDURES" ESTABLISHING APPEAL PROCEDURES, FEES, AND REVIEW GUIDELINES FOR APPROVAL OF DIVISION OF LOTS/LOT SPLITSj 5. DOWNZONING (CHANGING) CERTAIN LOTS LOCATED IN THE FOLLOWING AREAS: SUNSET ISLAND NO.1, FROM RS-3 TO RS-2j SUNSET ISLAND NO.1, FROM RS- 4 TO RS-3j SUNSET ISLAND NO.2, FROM RS-3 TO RS-2j SUNSET ISLAND NO.2, FROM RS-4 TO RS-3j SUNSET ISLAND NO.3, FROM RS-4 TO RS-3j RIVO ALTO ISLAND, FROM RS-4 TO RS-3j DI LIDO ISLAND, FROM RS-4 TO RS-3j SAN MARINO ISLAND, FROM RS-4 TO RS-3j HIBISCUS ISLAND, FROM RS-4 TO RS-3j NORTH BAY ROAD, WEST SIDE, FROM W. 43RD STREET TO W. 49TH STREET, FROM RS-3 TO RS-2j FLAMINGO DRIVE, EAST SIDE, FROM RS-4 TO RS-2j PINE TREE DRIVE TO FLAMINGO DRIVE, FROM W. 28TH STREET TO W. 40TH STREET, AND PORTIONS OF THE EAST SIDE OF FLAMINGO DRIVE, FROM RS-4 TO RS-3j PINE TREE DRIVE, WEST SIDE, FROM W. 30TH STREET TO W. 40TH STREET, FROM RS-4 TO RS-2j PINE TREE DRIVE AND LAKE VIEW DRIVE IN THE VICINITY OF W. 51ST STREET FROM RS-3 TO RS-2j ALLISON ISLAND, FROM RS-3 TO RS-2. 6. AMENDING THE ZONING MAP TO REFLECT SINGLE FAMILY DISTRICT CLASSIFICATION CHANGESj AND PROVIDING FOR INCLUSION IN THE ZONING ORDINANCEj PROVIDING FOR AN EFFECTIVE DA TEj PROVIDING FOR A REPEALERj AND PROVIDING FOR SEVERABILITY. WHEREAS, the City's Planning Board has determined that excessive splitting of lots is adversely affecting the character and density of certain single family neighborhoods within the City of Miami Beach; and WHEREAS, it is believed that the amendments set forth herein will prevent the excessive and inappropriate splitting of lots and will provide effective procedures for City review of future lot splits; and WHEREAS, on August 27, 1991 the Planning Board approved the amendments to the City's Comprehensive Zoning Ordinance set forth herein and recommended that the City Commission adopt these amendments; and WHEREAS, the City Commission finds that the amendments set forth herein are necessary to the welfare of the residents of the Ci ty of Miami Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: ~ij~g~g~t~g~ new language Strike out deleted language SECTION 1. That Subsection 3-2, of Zoning Ordinance No. 89-2665, entitled "Terms Defined" is hereby amended as follows: 3-2 TERMS DEFINED * * * ilk:::: ~1_. * * * 119. CIRCULAR STREET WITH RADIUS OF 230' (NOT TO SCALE) * * * SECTION 2. That Subsection 5-8, of Zoning Ordinance No. 89-2665, entitled "Division of Lot/Lot Split" is hereby amended as follows: 5-8 DIVISION OF LOTtSWLOT -SPLIT ~4 2 SECTION 3. That Subsection 6-1, of Zoning Ordinance No. 89-2665, entitled "RS-I, RS-2, RS-3, RS-4 Single Family Residential Districts" is hereby amended as follows: 6-1 RS-l, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS * * * B. Development Regulations 1. Base FAR 2. Max FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max Bldg. with bonus Area Width Size Size Height (sq. ft.) (feet) (sq. ft.) (sq. ft.) (feet) N/A N/A RS-1= 30,000 RS-1 = 100 1,800 N/A 33 RS-2= 18,000 RS-2 = 75 RS-3= 10,000 RS-3 = 60 RS-4= 6,000 RS-4 = 50 ~Rf~~~~ ...................... .. . . . . . . . . . . . . . . . . . . . . . . . . . lAMff:@~W.ij* a:~uI4iiMI~:i((i.r . ........................... ~!gM@:ij~f.~;.~ ng~~ij~@JA t;;~~wt~th.; SECTION 4. That Subsection 17-6 of Zoning Ordinance No. 89-2665 entitled "Division of Lots/Lot Split Appeal Proced ures" is here by added to read as follows: 11:;,;.6. 3 an: ::::::::::::I~Y~~igij::::fm:]8g~~;#g!:::~p~n: ~~111~1::::tH#~::::::~~f:?::~:p;t:::m:~:~n:~~ -"i_i_l~l- .*@!i"i'rilii'I'lf_l~- $#!~III~~I_.I~i~II"_' ~~!!:!II~'illl'''lli~II~~I~I~~~_111 1IIIe~I~lt~ll~i~"~i~~'~~~tBt~i~$9::::WqHlgp~tr$$:B~~PSr9~gBm~n~~ _.,I~~I~I_~I~illt~~l'lfill ~; SECTION 5 That the following properties are downzoned (changed) from one single family zoning classification to another as follows: SUNSET ISLAND NO.1 FROM RS-3 TO RS-2: L T 1-5 BLK 1; 1-2 BLK lA SUNSET LAKE EXTENSION; L T 1-9 BLK lA; L T 1-12 BLK IH; L T 1-9 BLK IE SUNSET ISLAND NO. 1. SUNSET ISLAND NO.1 FROM RS-4 TO RS-3: LT 1-7 BLK ID; LT 1-8 BLK lC; LT 1-8 BLK IB; L T 1-4 BLK IF SUNSET ISLAND NO.1. SUNSET ISLAND NO.2 FROM RS-3 TO RS-2: L T 1-9 BLK 2; L T 1-9 BLK 2D; L T 1-9 BLK 2G; L T 1-6 AND L T 9-24 BLK 2H SUNSET ISLAND NO.2. SUNSET ISLAND NO.2 FROM RS-4 TO RS-3: L T 1-8 BLK 2A; L T 1-8 BLK 2B; L T 1-8 BLK 2C; L T 1-8 BLK 2E; L T 1-8 BLK 2F SUNSET ISLAND NO.2 SUNSET ISLAND NO.3 FROM RS-4 TO RS-3: L T 1 & 2 BLK 3A; L T 1-4 BLK 3B; L T 1-4 BLK 3C; L T 1-4 BLK 3E; L T 1-4 BLK 3F SUNSET ISLAND NO.3 RIVO ALTO ISLAND FROM RS-4 TO RS-3: LT 1-19 BLK 1; LT 1-19 BLK 4; LT 1-19 BLK 2; L T 1-19 BLK 3 RIVO ALTO ISLAND. DI LIDO ISLAND FROM RS-4 TO RS-3: LT 1-14 BLK 1; LT 1-20 BLK 2; LT 1-27 BLK 3; LT 1-27 BLK 4; L T 1-20 BLK 5 DI LIDO ISLAND. SAN MARINO ISLAND FROM RS-4 TO RS-3: LT 1-16BLK I;LT 1-16BLK2;LT 1-16BLK 3; LT 1-16 BLK 4 SAN MARINO ISLAND. HIBISCUS ISLAND FROM RS-4 TO RS-3: LT 1-30 BLK 1; LT 1-30, LT A, LT 31-60 BLK 2; L T 1-30 BLK 3 HIBISCUS ISLAND. NORTH BA Y ROAD. WEST SIDE FROM W.43RD STREET TO W.49TH STREET FROM RS-3 TO RS-2: LT 4-10,18-23,33-40 BLK 1 NAUTILUS SUB. FLAMINGO DRIVE. EAST SIDE FROM RS-4 TO RS- 2: L T 1-7 BLK 2; L T 9-26 BLK 3 FLAMINGO TERR SUB; L T 1-5 BLK 9 FLAMINGO TERR EXTENSION. PINE TREE DRIVE TO FLAMINGO DRIVE FROM W.28TH STREET TO W.40TH STREET AND PORTIONS OF FLAMINGO. EAST SIDE FROM RS-4 TO RS-3: L T 1-8 BLK 3; L T 1-24 BLK 4; L T 1-12 BLK 5; L T 1-27 BLK 6 FLAMINGO TERR SUB. 4 PINE TREE DRIVE. WEST SIDE FROM W.30TH STREET TO W.40TH STREET FROM RS-4 TO RS-2: L T I & 6 BLK 41; L T 1-6 BLK 44 ORCHARD SUB NO.1. L T 1-6 BLK 47; L T 1-6 BLK 50 ORCHARD SUB NOS. 2 & 3. PINE TREE DRIVE & LAKE VIEW DRIVE IN THE VICINITY OF W.5IST STREET FROM RS-3 TO RS-2: L T 12-18 BLK 31 LAKE VIEW SUB; L T 1-6 BLK 1 BEACHVIEW SUB. ALLISON ISLAND FROM RS-3 TO RS-2: L T 21-32 INDIAN CREEK SUB. SECTION 6 That the official Zoning Map of the City of Miami Beach is hereby amended to reflect single family district classification changes as specified in Section 6 of this Ordinance. SECTION 7 Inclusion in Zoning Ordinance No. 89-2665. 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 City of Miami Beach Zoning Ordinance No. 89-2665 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 8 Effective Date This Ordinance shall only apply to applications for lot splits filed after the effective date of this Ordinance. This Ordinance shall take effect on the 2nd day of November ,1991. SECTION 9 Repealer All Ordinances or parts of Ordinances 10 conflict herewith be and the same are hereby repealed. SECTION 10 Severability If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. PASSED and ADOPTED this 23rd day of October , 1991. ~~ ...... 1~ . - VIC~MA~OR ATTEST: ~~ C~"^"^-- CITY CLERK a:ltsplord 1st reading 10/9/91 2nd reading 10/23/91 FORM APPROVED LEGAL DEPARTMENT BY: .~ (~0 DATE: I 0 - 2- I - ~ 5 ~ ~ '11ttamt ~ead FLORIDA 33139 "V AC A T10NLA.ND U. S. A. .. OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. fJ () - r DATE: OCTOBER 23, 1991 FROM: Mayor Alex Daoud and Members of the City Commission ~".:;., Carla Bernabei Talarico P'':..;2) City Manager TO: SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 RELA TING TO DIVISION OF LOT(S)jLOT SPLIT AND THE ZONING CLASSIFICA TION OF CERT AIN SINGLE FAMILY RESIDENTIAL AREAS. THE REOUEST The Planning Board, at it's meeting of May 21, 1991 established a sub-committee for the express purpose of reviewing lot division/lot split procedures in the City of Miami Beach. Its further stated purpose was to examine what could be done to regulate what is viewed as the excessive splitting of lots which is changing the established character and density of single family neighborhoods. It was observed that several neighborhoods have recently witnessed the splitting up of larger building sites; additionally, that two contiguous lots are being assembled and then re-subdivided into three lots, and so forth. The sub-committee was composed of Norman Frank, as Chairman, Joy Alschuler, Jack Hartley, Stel/e Hertz and Jim Silvers. Staff to the subcommittee were the Planning and Zoning Department and the City's Legal Department. On August 27, 1991 the Planning Board held a public hearing to hear the request. Following the hearing, the Board recommended unanimously (7-0) that the City Commission approve the attached amendment to the Zoning Ordinance. BACKGROUND AND PROPOSAL The Planning Board sub-committee met on May 29, 1991. For discussion purposes, the Planning and Zoning Department presented an overlay zoning map of the City indicating all areas that could be recommended for down-zoning (increased in lot size and frontage) without creating any significant increase in the number of non-conforming lots. General areas presented for consideration were Sunset Islands #1, #2 and #3, the Venetian Islands, Hibiscus Island, the west side of North Bay Road (43rd to 49th), portions o(Flamingo Drive and Pine Tree Drive and Allison Island. Also presented to the sub-committee was a synopsis of how several other Florida communities administratively handle their respective lot split procedures, including Coral Gables, Miami Shores, Miami and Homestead. There was a consensus that the review criteria for lot splitting should include these three items: a: compliance with regulations of the .Zoning Ordinance; b. provision of all deed restrictions, reservations and covenants and/or opinion of title that these do not present an impe<.liment to a proposed division of lot; and c. historical configuration of the building site which may comprise one or more lo.ts. . . . 35 AGENDA ITEM 1<- J;-F / tJ -.23-9 J DATE There was also consensus that lot splits should continue to be reviewed and approved administratively by the Planning Director; however, that there should be an appeal procedure before the Planning Board in the event that one or more of the review criteria cannot be met by an applicant. Further, that every effort should be made to minimize, any creation of lot non-conformity. The review guidelines for the Planning Board in an appeal procedure should include: 1. whether the building site created is equal to or larger than the majority of existing sites in the surrounding area and is of the sam character; 2. whether the building site created would result in existing structures becoming non-conforming with regard to setbacks and other regulations of the Zoning Ordinance; and, 3. Whether the building site created is free from encroachments from abutting building sites. The sub-committee voted unanimously in favor of these changes with the understanding that the Planning and Zoning Department staff would refine the precise wording of the amendment with the review and approval of the Chairman. Further, that all single family zoned areas would be further examined for possible additional changes and that care would be taken to minimize the creation of non-conforming lots. The ensuing weeks were utilized to draft the amendments, as directed, and to review an examine each single family area carefully in order to evaluate the affect of any proposed change in zoning classification. This was done and the resulting amendments and changes in zoning are self-explanatory. Nonetheless, several points are worth noting: 1. The term "building site" has been introduced into the Ordinance for purposes of evaluating the historical configuration of an improved site. 2. The term "lot width" has been clarified and amended to bring most pie-shaped lots fronting on turning circles of cul-de-sacs or circular streets with radii of 230 ft. or less into conformity. 3. The fee for reviewing a division of lot application has been established at $100; the appeal fee $500 (both fees are consistent with others established by the Ordinance and are commensurate with the basic costs to provide these services). 4. It has been determined that only nine (9) lots throughout the City would become non-conforming as a consequence of these amendments, a remarkable achievement in that over five (5) percent of the City's land area is being proposed for re-zoning. The Commission should be aware that there is a provision in the Ordinance (Section 6-1C.2) which allows for the extension of a building with non-conforming side yard setbacks; further, each owner of a non- conforming property would ha ve the right to seek variances, if necessary in the event of the destruction 'or removal of the improvement on their respective properties. 5. There is no need to amend the Comprehensive Plan as the proposed down zoning will decrease the impact on levels of services. ADMINISTRATION RECOMMENDATION The Administration recommends that the Commission approve these proposed amendments to Zoning Ordinance 89-2665, as presented. We believe that the amendments are a positive step in ensuring that the character and quality of our single family neighborhoods will be maintained. . DJG:jm ,Attachment camnisn\1086rec.91 36