Ordinance 94-2964 ORDINANCE NO. 94-2964
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665 BY REZONING ALL PROPERTIES LOCATED
ON THE WEST SIDE OF COLLINS AVENUE BETWEEN 76TH AND 79TH
STREETS, COLLECTIVELY HAVING THE LEGAL DESCRIPTION OF
LOTS 1-6, BLOCK 21, LOTS 1-6, BLOCK 22, LOTS 1-6, BLOCK
23 OF THE CORRECTED PLAT OF ALTOS DEL MAR, NUMBER 1
SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE 40 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FROM THE CURRENT
RM-2, RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY ZONING
DISTRICT CLASSIFICATION TO RM-1, RESIDENTIAL MULTI
FAMILY, LOW INTENSITY; AMENDING THE AFFECTED PORTIONS OF
THE CITY' S ZONING DISTRICT MAP TO CORRESPOND WITH THESE
CHANGES; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has undertaken a
comprehensive review to study development regulations in several
areas within the Municipality; and
WHEREAS, amending the zoning of the properties on the west
side of Collins Avenue between 76th and 79th Streets is necessary
to insure that development of those properties will be compatible
with development in the Altos Del Mar Local Historic District
immediately to the east and with the low-rise development which
currently exists throughout the surrounding area; and
WHEREAS, the development regulations for the RM-1 District in
the City' s Zoning Ordinance will also be amended to increase the
maximum permitted floor area ratios for these properties to allow
for sixty (60) units per acre as provided for in Resolution No. 86-
18426 and in the settlement agreement in Anna Silver, v. City of
Miami Beach. (attached as Exhibit "A" ) .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amend the Zoning
Districts and Zoning District Map of City of Miami Beach contained
in Comprehensive Zoning Ordinance No. 89-2665 by changing the
zoning district classification of all properties located on the
west side of Collins Avenue between 76th and 79th Streets and
collectively having the legal description of Lots 1-6, Block 21,
Lots 1-6 , Block 22 , Lots 1-6 , Block 23 of the corrected plat of
Altos Del Mar, Number 1 Subdivision, as recorded in Plat Book 31,
at page 40 of the Public Records of Dade County, Florida, from the
current RM-2 , Residential Multi Family, Medium Intensity to RM-1,
Residential Multi Family, Low Intensity.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
2
SECTION 3 . EFFECTIVE DATE.
This Ordinance shall take effect on the 31st day of
December 1994 .
PASSED and ADOPTED this 21st day o " Decemb- , 1994 .
I
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ATTEST:
f
'OR
E; - ,/i-
CITY CLERK
1st reading and only reading 12/21/94
SWS:scf:6.0disk7\76amend.ord d
FORM APPROVED
Legal Dept.
By J
Date 2--- r 19-C
3
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. LI
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
DECEMBER 21, 1994
FROM: Roger M. Cant
City Manager
SUBJECT: FIRST READING —
ORDINANCE A: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING MAP OF ZONING
ORDINANCE NO. 89-2665, BY REZONING CERTAIN LOTS ON
THE WEST SIDE OF COLLINS AVENUE BETWEEN 76TH AND
79TH STREETS COLLECTIVELY HAVING THE LEGAL
DESCRIPTION OF LOTS 1-6, BLOCK 21, LOTS 1-6, BLOCK
22 LOTS 1-6 BLOCK 23 OF THE CORRECTED PLAT OF ALTOS
DEL MAR, NUMBER 1 SUBDIVISION, AS RECORDED IN PLAT
BOOK 31, PAGE 40 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, FROM THE CURRENT RM-2, RESIDENTIAL
MULTI FAMILY , MEDIUM INTENSITY ZONING DISTRICT
CLASSIFICATION TO RM-1, RESIDENTIAL MULTI FAMILY
LOW INTENSITY; AND TO AMEND THE AFFECTED PORTIONS
OF THE CITY'S ZONING DISTRICT MAP TO CORRESPOND
WITH THIS CHANGE.
ORDINANCE B: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 6, ENTITLED ',SCHEDULE OF
DISTRICT REGULATIONS'', AMENDING SUBSECTION 6-2,
ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW
INTENSITY', BY MODIFYING THE FLOOR AREA RATIO, (FAR)
SCALE BY INCREASING FAR FOR CERTAIN LOTS ON THE
WEST SIDE OF COLLINS AVENUE BETWEEN 76TH AND 79TH
STREETS AND HAVING A LOT AREA OF 30,001 SQUARE FEET
OR LESS; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends the City Commission adopt on first
reading the attached companion ordinances to amend Zoning Ordinance
No. 89-2665.
AGENDA ITEM
DATE 1 Z'z. I—g4
BACKGROUND
The above two ordinances have been drafted to guide new development
in a manner which is more compatible with the surrounding
neighborhood, yet ensure that the settlement agreement reached in
the Third District Court of Appeals Case No. 85-1459, Anna Silvers,
etc. v. the City of Miami Beach, is achieved by allowing a minimum
density on any lot or approved combination of lots, as referenced
above, of an effective density equivalent to at least sixty (60)
units per acre. (See Figure 1. on page 5. )
The Planning Board, at its meeting of October 25, 1994, voted 5-1
(1 abstention) in favor of recommending adoption of these two
ordinances in question. The Board also agreed that the three lots
fronting on the west side of Collins Avenue contained in Block 24
between 75th and 76th Streets, be down-zoned in the immediate
future to RM-1 from their present RM-2 classification. That matter
is scheduled for a public hearing before the Planning Board on
December 20, 1994 .
ANALYSIS
The proposed amendment in Ordinance B would increase the floor area
ratio (FAR) contained in the development regulations for the RM-1
Zoning District to comply with the Third District Court of Appeals
Case No. 85-1459 settlement agreement that authorizes at a minimum
sixty (60) units per acre for single lots or approved combination
of lots=— described above. Specifically, the base and maximum FAR
for a lot having an area equal to or less than 15, 000 sq. ft. , (for
the affected properties between 76th and 79th streets) , would be
set at a constant FAR of 1.4 to comply with this agreement. For a
lot area between 15, 001 and 30, 000 sq. ft. , the base FAR is also
changed to the 1.4 number for the same reason. However, the
maximum FAR with bonus is not changed since the existing maximum
FAR of 1. 6 would allow at least 60 units per acre, (If the maximum
FAR in the RM-1 District is reduced in the future this area between
76th and 79th Streets would require that the minimum FAR, (with or
without bonuses) , remain at 1.4 to provide at least 60 units per
acre. Any reduction in the Bonus Schedule within the current
Zoning Code would also have to take into account the settlement
agreement above to ensure compliance with the Court Order. )
Combinations of lots having an area in excess of 30, 001 sq. ft. are
not effected by the proposed amendment in Ordinance B, since these
larger parcels could achieve at least 60 units per acre, (Base FAR
of 1. 6 or 74 units per acre) , under the existing development
regulations of the RM-1 District.
PAGE 2 OF 5
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(A note must be added here to clarify that the above calculations are
mathematical projections and that the actual design and siting of the
building on the lot(s) may effect the actual maximum total number of
units that may be built on the site. For that reason, the minimum and
maximum FAR with bonus has been set at 1.4 for lots less than 15, 001 sq,
ft. to ensure that at least 60 units per acre can be readily achieved. )
The rezoning of the property, Ordinance A above, from RM-2, (Residential
Multi Family Medium Intensity) to RM-1, (Residential Multi Family Low
Intensity) , would limit development of those properties on the west side
of Collins Avenue (to the alley) between 76th and 79th Streets to a
scale which would be more compatible with the existing development in
the generally low-rise residential and commercial development which
currently exists to the northwest, south and west of the area. The
existing zoning for these areas is RM-2 . Immediately south of the
subject properties on the west side of Collins Avenue is the three lot
Block #24, which contains low-rise residential multi-family buildings
facing Collins Avenue. This Block 24 is immediately north of the
commercial area between 73rd and 75th Streets, (CD-2) , which is
comprised of an existing development pattern of typically low-rise
commercial storefronts and businesses fronting on both sides of Collins
Avenue. (See Figure 1. on page 5. )
This down-zoning recommendation is partly based on the comprehensive
review of the area which is outlined in the "Development Plan and Design
Guidelines For The North Beach Neighborhood" , which is authored by
Andres Duany & Elizabeth Plater-Zyberk, Architects and Urban Planners,
and the University of Miami School of Architecture. This plan proposes
new low-rise residential development along the west side of Collins
Avenue oppoeite North Shore Open Space Park (NSOSP) from 79th to 86th
Street which is immediately north of the subject property. Currently
this area contains parking lots for the NSOSP which is the subject of a
Comprehensive Plan amendment proposing low-density, low-rise residential
development. The plan supports height restrictions and down-zoning for
the North Beach area.
As the Commission is aware, the RM-1 Zoning District maintains a fifty
(50) ft. height restriction, (except in the Architectural District where
the maximum permitted height is forty (40) feet) , to maintain the low-
rise development pattern within these districts.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission adopt on first reading these companion Ordinances to down-
zone the properties on the west side of Collins Avenue from 76th to 79th
Streets from RM-2, (Residential Multi Family Medium Intensity) to RM-1,
(Residential Multi Family Low Intensity) and amend the maximum
permissible F.A.R. on smaller lots to satisfy the settlement agreement.
DJG\MHF\DISK#10\1198CM1.94
PAGE 4 OF 5
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PAGE 5 OF 5
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RESOLUTION NO. 86-18426
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING AND
ACCEPTING THE SETTLEMENT OFFER RELATING TO
COSTS AND TERMINATION OF PROCEEDINGS IN ANNA
SILVER ETC. V. CITY OF MIAMI BEACH.
WHEREAS, on March 25, 1986, the Third District Court of
Appeal for Florida reversed the Order of the Eleventh Circuit
Court in and for Dade County, Florida, which denied Plaintiffs'
request for declaratory and injunctive relief based upon the
alleged unconstitutionality of the City of Miami Beach's Zoning
Ordinance as it effected Plaintiffs' property; and
WHEREAS, in reversing, the Third District Court of
Appeal determined that Appellants' property was "singled out" for
restrictive RM-14 zoning classification, thus resulting in a
denial of equal protection; and
WHEREAS, the Third District Court of Appeal further
remanded this case to the Circuit Court and ordered the City of
Miami Beach to rezone the subject property to a classification not
less restrictive than 60 units per acre; and
WHEREAS, the subject property owners have expended
$29,294.76 in costs at both the Circuit and District Court level
litigating this action; and
WHEREAS, Leon Black, Esquire, attorney for said property
owners, has been authorized by his clients to waive all costs in
exchange for the prompt termination of all court proceedings and
the prompt amendment by the City of the Comprehensive Plan and the
rezoning of the property to permit 60 units per acre; and
WHEREAS, it is the opinion of the City Attorney that the
chances for success on appeal do not warrant proceeding further
with this case and that the settlement offer should be thus
accepted.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the
EXHIBIT "A"
-1-
recommendation of the City Attorney is hereby accepted and that
the above referenced settlement offer of Leon Black, Esquire,
attorney for the property owners in Anna Silver_, etc., v. City of
Miami Beach, is hereby approved and accepted in total settlement
thereof.
PASSED and ADOPTED this 16th day of April
1986.
MAYOR
ATTEST:
}s. /
•CITY CLERK
JKO/rg
FOAM APPROVED "
LEi AL DEP
cue — 9 — C
-2-
IN THE DISTRICT COURT OF APPEAL
THIRD DISTRICT OF FLORIDA
ANNA SILVER, et al. ,
Appellants,
vs.
CASE NO. 85-1459
CITY OF MIAMI BEACH, etc. ,
Appellee.
STIPULATION FOR DISMISSAL
(Fla. Bar No. 006415)
The undersigned counsel hereby stipulate that the
Motion for Rehearing in the above styled appeal is dismissed
since the cause has been settled prior to a decision on the
Motion for Rehearing. As terms of said settlement it is
further stipulated that Appellants hereby waive all costs
incurred in litigating this action at both Circuit and District
Court levels in exchange for the prompt termination of all
court proceedings by the City of Miami Beach and the prompt
amendment by the City of its Comprehensive Plan and the
rezoning of the subject property to permit development at 60
units per acre.
Respectfully submitted,
Arnold M. Weiner
City Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
By�
/'yl-�
ARNOLD . WEINER
KELLY, BLACK, BLACK, BYRNE & BEASLEY, PA
Attorneys for Appellants
1400 Alfred I. duPont Building
Miami, FL 33131
(3050) 358-5700
By' (74"-.7
LEON D. BLACK, JR.
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