Ordinance 93-2886 ORDINANCE NO. 93-2886
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665 BY: AMENDING SECTION 6,
"DEVELOPMENT REGULATIONS", AMENDING SUBSECTION 6-2,
ENTITLED "RM-1, RESIDENTIAL MULTI—FAMILY, LOW INTENSITY"
BY ADDING A 50HEIGHT RESTRICTION FOR NEW CONSTRUCTION
OR ADDITIONS FOR THOSE AREAS IN THE RM-1 DISTRICT WHICH
DO NOT ALREADY HAVE A HEIGHT RESTRICTION AS INDICATED ON
THE ATTACHED MAP; PROVIDING THAT THIS ORDINANCE SHALL
SUPPLEMENT ORDINANCE NO. 93-2853 ADOPTED ON JUNE 16,
1993; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Planning, Design and Historic Preservation Division has recommended that
Subsection 6-1, entitled "RM-1, Residential Multi-Family, Low Intensity", of Section 6, entitled "Development
Regulations"of the City's Comprehensive Zoning Ordinance No.89-2665 be amended by adding a fifty(50) foot
height restriction for new construction or additions for those areas in the RM-1 District which do not already
have a height restriction, as indicated on the attached map; and
WHEREAS, this amendment is necessary to carry out the purpose of the RM-1 District as stated in
Subsection 6-2A.1 of the Zoning Ordinance, which purpose calls for low intensity, low rise single and multiple
family residences; and
WHEREAS, a height limitation of fifty(50) feet for new development would be in keeping with the as-
built character of the areas now zoned RM-1 and located outside of the Architectural District; and
WHEREAS,since the RM-1 District generally abuts single-family districts,it is appropriate that a height
limitation be imposed which would effectively preserve a reasonable low-rise transition zone between the single
family residential areas and the higher intensity high rise residential and commercial areas; and
WHEREAS,on June 16,1993,the Miami Beach City Commission adopted Ordinance No.93-2853 which
made the regulations set forth herein applicable to all areas within the City included in the RM-1 District except
those areas shown in the map attached hereto; and
WHEREAS, the regulations set forth herein should apply to all areas within the City located within the
RM-1 District; and
WHEREAS, on August 3, 1993 the City's Planning Board held a public hearing and considered the
aforesaid proposed amendment and voted 6-0 in favor of said amendment.
NOW, THEREFOR, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1. That Subsection 6-2 of Zoning Ordinance No.89-2665,entitled"RM-1 Residential Multi Family,
Low Intensity" is hereby amended as follows:
6-2 RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY.
* * *
B. Development Regulations
Lot Area equal to or less than Lot Area between 15,001 and Lot Area greater than 30,001
15,000 sq.ft. 30,000 sq.ft. sq.ft
1.Base FAR Architectural District-.75 Architectural District-1.1 Architectural District-1.1
otherwise-1.0 otherwise- 1.25 otherwise-1.6
2.Maximum FAR with bonus 1.25 1.6 Architectural District-1.6
(See Sec.6-24). otherwise-2.0
1
3. Min.Lot Area 4. Min.Lot Width 5. Min.Unit Size 6. Avg.Unit Size 7. Max.Bldg.Height
(sq.ft.) (feet) (sq.ft.) (sq.ft.) (feet)
5,600 50 New Construction- New Construction-800 Architectural
550 District-40
Rehabilitated
Rehabilitated Buildings -550 otherwise.ffene 50
Buildings -400
SECTION 2. That the provisions of Section 1 herein shall take effect along with the provisions of Ordinance
No. 93-2853 adopted by the Miami Beach City Commission on June 16, 1993 and shall supplement Ordinance
No. 93-2853.
SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same
are herewith repealed, except that this Ordinance shall not repeal Ordinance No. 93-2853 adopted on June 16,
1993.
SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held
invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EF'r'ECTIVE DATE. This Ordinance shall take effect on the 27th day of
November , 1993.
PASSED and ADOPTED this 17th day of November , 1993.
MAYO
ATTEST:
ITY CLERK
1st reading 10/20/93
2nd reading 11/17/93
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FORM APPROVED
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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. �j� -9 3
TO: Mayor Seymour Gelber and DATE: Nov. 17, 1993
Members of the City Commission
FROM: Roger M. geritc�a��i1/1 /_
City Manager 1..���v '( L—►
SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELATIVE TO
AMENDING THE RM-1, RESIDENTIAL MULTI-FAMILY LOW INTENSITY
DISTRICT MAXIMUM BUILDING HEIGHT -- SECOND READING
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission adopt
on second reading the attached ordinance amending Zoning Ordinance
89-2665.
BACKGROUND
The City Administration is requesting consideration of this
clarifying amendment to the Zoning Ordinance which places a height
restriction on all properties located within the RM-1 Zoning
District. This request has been necessitated by a prior flawed
public notice which inadvertently excluded two small areas of the
City, currently zoned RM-1, from the original Amendment Ordinance
limiting the height of all development in RM-1 Zoning Districts
outside of the Architectural District to 50 feet.
ANALYSIS
The Planning Board, at its meeting of March 30, 1993 , voted 5-1 in
favor of recommending approval of a proposed amendment to impose a
50 ft. height limit in all RM-1 Zoning Districts, outside the
Architectural District. The public hearing notice was published on
February 28, 1993 in the "Neighbors" section of the Miami Herald.
Inadvertently, two maps indicating RM-1 Zoning Districts were
emitted from this advertisement (see attached maps) . This problem
was further compounded by several property owners in these two
areas not being sent mailed notices. It has been determined by
staff of the Planning, Design and Historic Preservation Division
and the City Attorney's Office that these two RM-1 Districts were
effectively excluded from the original Zoning Ordinance Amendment,
due to this flawed noticing.
Consequently, these two areas in question require a new hearing to
ensure proper legal notice has been provided. More specifically,
the first RM-1 zoned area is at the northeast intersection of Alton
Road and 46th Street; the second area is at the northwest
intersection of Pine Tree Drive and 47th Street. As such, the
proposed amendment represents the inclusion of these two areas of
the City zoned RM-1 in the original height limitation amendment.
The Planning Board, at its meeting of August 3 , 1993 , voted 6-0 to
recommend to the City Commission that the amendment be adopted.
The City Commission, at its meeting of October 20, 1993 , voted 5-0
to adopt this amendment on first reading. f36
AGENDA
ITEM 11J
DATE J f— 17-93
ANALYSIS
The Administration believes that the City Commission should adopt
on second reading this proposed clarifying amendment to Zoning
Ordinance No. 89-2665 in order to rectify the omission of these two
RM-1 Zoning Districts from the Original Amendment Ordinance. By
imposing a height limitation in the RM-1 District, the City now has
a zoning classification which purposefully encourages Low
Intensity, Low-Rise, Single and Multiple Family developments that
is in keeping with the district's purpose. The RM-1 District, with
a height limitation, serves as an appropriate low-rise buffer
between areas zoned single family and higher density commercial and
residential zoned areas. The two areas in question should have
this same restriction.
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