Ordinance 94-2965 ORDINANCE NO. 94-2965
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 FOR ALL PROPERTIES LOCATED
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.
WHEREAS, the City of Miami Beach has undertaken a comprehensive review to study
development regulations in several areas within the Municipality; and
WHEREAS,it is necessary to change the Zoning of the properties of the west side of Collins
Avenue between 76th and 79th Streets from RM-2 to RM-1 in order to insure that development of
those properties will be compatible with development in the Altos del Mar Historic District
immediately to the east and with 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 must also be amended to increase the maximum permitted floor area ratios, where
necessary,to allow for sixty(60)units per acre as provided for in the settlement agreement in Anna
Silver v. City of Miami Beach, (attached exhibit A).
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 6-2, entitled "RM-1 RESIDENTIAL MULTI FAMILY, LOW
INTENSITY"of Section 6,entitled"Schedule of District Regulations" of Zoning Ordinance 89-2665
of the City of Miami Beach, Florida is hereby amended as follows:
6-2 RM-1 RESIDENTIAL MULTI FAMILY. LOW INTENSITY.
* * *
1
B. Development Regulations
Lot Area equal to or less Lot Area between 15,001 Lot Area greater than
than 15,000 sq.ft. and 30,000 sq.ft. 30,001 sq.ft
1. Base FAR Architectural District 0 .75 Architectural District 1.1 Architectural District- 1.1
otherwise-1.6
west side of Collins Avenue west side of Collins Avenue
between 76th and 79th Street between 76th and 79th Street
- 1.4 - 1.4
otherwise 1.0 otherwise 1.25
2.Maximum FAR with West side of Collins Avenue 1.6 Architectural District-1.6
bonus(See Sec. 6-24). between 76th and 79th Street otherwise-2.0
- 1.4
otherwise- 1.25
* * *
SECTION 2. 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 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.
2
SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect on the 31st day of
December , 1994.
PASSED and ADOPTED this 21st day of Decei•.er , 9.4.
MA'O•
ATTEST:
'730.....ckAei F.. 11-,,
CITY CLERK
1st and only reading 12/21/94
Underlined=new language FORM APPROVED
Strilfeettt= deleted language Legal Dept.
DJG/JGG By J e-D
October 26,1994
December 16,1994 Date /L-11.
C:\WP\TRMLFAR.94
3
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:
�l. "✓
•CITY CLERK
JKO/rg
FORM APPROVED. '4
LE AL DEP
-2-
4
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
B
Y�
ARNOLD . WEINER
KELLY, BLACK, BLACK, BYRNE & BEASLEY, PA
Attorneys for Appellants
1400 Alfred I. duPont Building
Miami, FL 33131
(3050) 358-5700
' d44-7
By
LEON D. BLACK, JR.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. q5S-1Y
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
DECEMBER 21, 1994
FROM: Roger M.Cartt
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 -3- G
DATE 12 -21-9q
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
rr
Under current RM-1 development regulations with a maximum FAR (with
bonus) for an existing lot, the maximum number of units is
approximately 11 units or 54 units per acre, ie, (8,750 sq. ft.
(actual existing lot area) x 1.25 (maximum FAR with bonus) = 10, 937
sq. ft. (maximum total building floor area) X . 85 (less 15% common
areas) = 9, 296 sq. ft. (maximum calculated residential living area)
/ 800 sq. ft. (minimum average unit size) = 11 residential units,
(11. 62 rounded down. ) The number of units per acre is calculated
by the following formula: (43 ,560 (acre) / 8,750 (actual lot size)
= 4 .978 (lot size factor per acre) X 11 units = 54. 76, number of
units per acre currently allowed) .
The amendment proposes to increase the maximum and minimum FAR to
1.4 which would allow at least 13 units per single lot (8, 750 sq.
ft. ) or 26 units per combination of two lots ( 17, 500 sq. ft. )
which coincides with the Court settlement agreement.
Mathematically the calculations are as follows:
8, 750 sf. (actual area of existing lot)
X 1. 4 (maximum FAR with bonus)
= 12 ,250 sf. (maximum building floor area)
X .85 (less 15% common areas, (hallways, lobbies,
etc. )
= 10, 412 sf. (maximum building residential floor area)
\ 800 sf. (minimum average unit size)
_ = 13 (mathematical total maximum permitted units)
Table 1, below, displays the FAR calculations in tabular form to
more easily display comparisons between lots of varying size:
Table 1. FAR Calculation Comparisons
Lot Base Max Max Less Min. Max. Effec
Area FAR FAR Bldg 15% For Av. # of tive
(S. F. ) With FAR Common Unit Units # of
Bonus (S.F. ) Areas Size Units
(Actual (S.F. ) per
Existing acre
Lot Area)
8,750 1.4 1.4 12 ,250 10, 412 800 13 65
17, 500 1. 4 XXX 24, 500 20, 825 800 26 65
17 , 500 XXX 1. 6 28, 000 23 , 800 800 29 72
35, 000 1. 6 XXX 56, 000 47, 600 800 59 73
35, 000 XXX 2 . 0 70, 000 59, 500 800 74 92
(See note on the next page. )
PAGE 3 OF 5
(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-i, (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 oppite 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
FIGURE 1.
EXISTING ZONING DISTRICTS
SURROUNDING SUBJECT PROPERTY
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PAGE 5 OF 5
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