Ordinance 93-2885 ORDINANCE NO. 93-2885
AN ORDINANCE OF THE MAYOR AND 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
PLANNED RESIDENTIAL DEVELOPMENT;
2 . AMENDING SECTION 4, "ZONING DISTRICTS", AMENDING
SUBSECTION 4-1, ENTITLED "DISTRICTS ESTABLISHED" BY
ADDITION OF THE RM-PRD ZONING DISTRICT;
3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS",
CREATING SUBSECTION 6-2 . 1, ENTITLED "RM-PRD MULTI FAMILY,
PLANNED RESIDENTIAL DEVELOPMENT", PROVIDING A DISTRICT
PURPOSE AND USES, CREATING DISTRICT DEVELOPMENT
REGULATIONS AND CREATING SETBACK REQUIREMENTS;
4 . AMENDING SUBSECTION 6-5, ENTITLED "RESIDENTIAL SETBACK
REQUIREMENTS - RM-1,2,3" BY DELETING THE REQUIREMENTS
PERTAINING TO LOTS THAT ARE CONTIGUOUS TO GOVERNMENT CUT
AND/OR THE ATLANTIC OCEAN ON AT LEAST TWO SIDES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR
A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Fisher Island represents a unique development site in the
City of Miami Beach in that it is not connected by road or bridge
to the rest of the City; and
WHEREAS, there already exists an overall development master plan
for this site which has been approved by the City of Miami Beach;
and
WHEREAS, given Fisher Island' s size of over ten acres and its
location not being proximate to any areas zoned single-family,there
is no planning need for a restrictive height limitation for
buildings on this site to protect neighboring single-family areas;
and
WHEREAS, the City of Miami Beach desires to create a new zoning
classification which provides development incentives in terms of
height in return for an overall master site development plan,
thereby insuring proper site planning, open space utilization and
adequate internal traffic circulation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 3-2 , of Zoning Ordinance No. 89-
2665, entitled "Terms Defined" is hereby amended as follows:
3-2 Terms Defined
151. Planned Residential Development: A residential development of
ten acres or more which has a cohesive site development plan
encompassing more than one building, and meeting the
requirements of Subsection 21-4 .
* * *
SECTION 2 . That Subsection 4-1, of Zoning Ordinance No. 89-
2665, entitled "Districts Established" is hereby amended as
follows:
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4-1 DISTRICTS ESTABLISHED
A. To achieve the purposes of this Ordinance and of Part 1,
Division 11, Article VI, Related Laws, The Code of the
City of Miami Beach, Florida, and regulate the Use of
land, water and Buildings, height and bulk of Buildings
and other Structures, and population density and Open
Space, the City is hereby divided into the following
districts:
SYMBOL DISTRICT
RS-1 Single Family Residential
RS-2 Single Family Residential
RS-3 Single Family Residential
RS-4 Single Family Residential
RM-1 Residential Multi-Family, Low Intensity
RM-2 Residential Multi-Family, Medium Intensity
RM-3 Residential Multi-Family, High Intensity
RM-PRD Multi-Family, Planned Residential Development
CD-1 Commercial, Low Intensity
CD-2 Commercial, Medium Intensity
CD-3 Commercial, High Intensity
CCC Convention Center District
GC Golf Course District
GU Government Use
HD Hospital District
I-1 Industrial, Light
MR Marine Recreational
MXE Mixed Use Entertainment
RO Residential/Office
TH Townhome Residential
WD-1 Waterway District
WD-2 Waterway District
R-PS1 Residential Medium-Low Density
R-PS2 Residential Medium Density
R-PS3 Residential Medium-High Density
R-PS4 Residential High Density
C-PS1 Commercial Limited Mixed Use
C-PS2 Commercial General Mixed Use
C-PS3 Commercial Intensive Mixed Use
C-PS4 Commercial Intensive Phased Bayside
RM-PSl Residential Mixed-Use Development
SECTION 3. That Subsection 6-2 . 1, of Zoning Ordinance No. 89-
2665, entitled "RM-PRD Multi Family, Planned Residential
Development" is hereby created to read as follows:
6-2 . 1 RM-PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
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This district is designed for new Single Family detached None See Section 6-21.
construction of low intensity Dwelling;Townhomes;
Multiple-Family Planned Apartments.
Residential Development.
B. Development Regulations
1.Base FAR 2. Max. FAR w/ 3.Min.Lot 4. Min.Lot S. Min.Unit 6. Avg.Unit 7.Max_Bldg.
Bonus Area Width Size Size height
acres (feet) (sq.ft_) (sq.ft_) (feet)
1.6 2.0 10 acres N/A New New 120 ft.
Construction- Construction-
750 1000
2
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C. Setback Requirements
1. Front 2. Side, 3. Side, 4. Rear
Interior Oceanfront
a. At grade 20 feet 15 feet 50 feet from 50 feet
parking lot on mean high
the same lot water line
b. Subterranean 20 feet 15 feet 50 feet from 50 feet
mean high
water line
c. Pedestal 20 feet 15 feet 50 feet from 50 feet
mean high
water line
d. Tower 20 feet 15 feet 50 feet from 50 feet
mean high
water line
D. For purposes of this Section, the setback regulations apply to lots over ten (10) acres that are
contiguous to Government Cut and/or the Atlantic Ocean on at least two (2) sides. No
variances shall be permitted from this subsection.
E. Permitted Uses within the 50 foot oceanfront side and rear setbacks are limited to the
following: enclosed structures not utilized for dwelling purposes, shade structures, swimming
pools,cabanas,hot tubs,showers,whirlpools,toilet facilities,swimming pool equipment, decks,
patios, and court games when said games require no fences.
F. For a lot that does not meet the above location requirement, development shall meet the
residential setback requirements as prescribed in Section 6-5.
SECTION 4. That Subsection 6-5, of Zoning Ordinance No. 89-2665, entitled "Residential Setback
Requirements - RM-1,2,3" is hereby amended as follows:
6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3
1. Front 2. Side,Interior 3. Side,Facing a Street 4. Rear
A. At Grade 20' 5',or 5%of Lot Width, 5',or 5%of Lot Width, Non-oceanfront Lots-5
parking Lot on whichever is greater. whichever is greater. feet
the same Lot. Oceanfront Lots-50
Lots 55 ft.wide feet from Bulkhead
or less:As per Line.
Section
6-25,B.14.b.
B. Subterranean 20' 5',or 5%of Lot Width, 5',or 5%of Lot Width, Non-oceanfront Lots-0
whichever is greater. whichever is greater. feet
(0'if Lot Width is 50' Oceanfront Lots-50
or less) feet from Bulkhead
Line.
C. Pedestal 20 feet Sum of the Side Yards Sum of the Side Yards Non-oceanfront Lots-
shall equal 16%of Lot shall equal 16%of Lot 10%of Lot Depth.
Except lots A and 1-30 of the Width. Width. Oceanfront Lots-20%
Amended Plat Indian Beach Min:7.5'or 8%of Lot Min.-7.5'or 8%of Lot of Lot Depth,50 feet
Corporation Subdivision and Width,whichever is Width,whichever is from the Bulkhead Line
lots 231-237 of the Amended greater. greater. whichever is greater.
Plat of First Ocean Front
Subdivision-50 feet.
D. Tower 20' + 1'for every 1'increase The required Pedestal Sum of the Side Yards Non-oceanfront Lots-
in height above 50',to a setback plus.10 of the shall equal 16%of the 15%of Lot Depth.
maximum of 50',then shall height of the Tower Lot Width. Oceanfront Lots-25%
remain constant. portion of the building. Min.-7.5'or 8%of Lot of Lot Depth,75'
The total required Width,whichever is minimum from the
Except lots A and 1-30 of the setback shall not to greater. Bulkhead Line
Amended Plat Indian Beach exceed 50 feet. whichever is greater.
Corporation Subdivision and
lots 231-237 of the Amended
Plat of First Ocean Front
Subdivision-50 feet.
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E.•Ii In the RM-1, Residential District, the ground floor level of a building when viewed from a street shall
be screened or enclosed. The method of screening or enclosure shall be approved under the Design
Review process.
F. See Subsection 6-2.1 for residential setback requirements in the RM-PRD District.
SECTION 5. 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 6. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same
are herewith repealed.
SECTION 7. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take -ffect on the 27 th day of
November , 1993.
PASSED and ADOPTED this 17th day of November 1993.
ATTEST: gir, MAYOR
CITY CLERK
SWS:scf:disk5\RM1ADST2.93
MHF\Disk#3\RMPRDO.93
1st reading 10/20/93
2nd reading 11/17/93
FORM APPROVED
LEGAL DEPT.
By
Date
4
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 61 7- 93
TO: Mayor Seymour Gelber and DATE: Nov. 17 , 1993
Members of the City Commission
FROM: Roger M. Ca • 1 /
City Manager
SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 RELATIVE TO THE
AMENDMENT OF THE OFFICIAL ZONING DISTRICT MAP OF THE CITY
OF MIAMI BEACH AND THE CREATION OF THE RM-PRD ZONING
DISTRICT CLASSIFICATION - SECOND READING
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt on
second reading, the attached two companion ordinances amending
Zoning Ordinance 89-2665.
BACKGROUND
In 1989 the Zoning Ordinance Review Committee (ZORC) designated
that portion of Fisher Island within the jurisdiction of Miami
Beach as RM-1, Residential Multi-Family Low Intensity. The
proposed site plan for development on Fisher Island, which was
reviewed at the time of this RM-1 designation, has not been
amended by the developer. The master plan shows the development of
four nine story buildings and one seven story building which
comprise a total of 178 units within the five structures. The
parcel is 12 .4 acres and the Floor Area Ratio of the development is
approximately 1. 80 with a density of 14 units per acre.
A recent amendment to the RM-1 District classification has created
a height limitation of 50 feet for new construction. This height
restriction, along certain other development regulations for the
RM-1 district, is not compatible with the approved site plan for
the subject parcel. The proposed ordinance is specifically
designed to address development on a large parcel, such as the one
on Fisher Island.
On August 3 , 1993 , the Planning Board voted 6-0 to recommend to the
City Commission that the proposed ordinances be adopted. On
October 20, 1993 , the Commission voted 5-0 (2 absences at voting
time) to adopt, on first reading, the proposed Ordinance.
ANALYSIS
The first amendment to the Ordinance amends the Official Zoning
District Map of the City by the addition of the RM-PRD, Multi
Family Planned Residential Development classification and
establishes the legal description of the subject property which is
to be re-zoned from the RM-1 District to the RM-PRD District on
Fisher Island.
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