Ordinance 93-2854ORDINANCE NO. 93-2854
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE ZONING
DISTRICTS AND ZONING DISTRICT MAP OF COMPREHENSIVE
ZONING ORDINANCE NO. 89-2665 BY DESIGNATING ALL
PRIVATELY OWNED LAND ON THE NORTH SIDE OF BELLE
ISLE, DESCRIBED AS: LOTS 1-12 OF BELLE ISLE VILLAS
AS RECORDED IN PLAT BOOK 42, PAGE 92 OF THE DADE
COUNTY PUBLIC RECORDS (ALL LOTS ON CENTURY LANE);
LOTS 1-14 OF BELLE ISLE VILLAS 2ND SECTION AS
RECORDED IN PLAT BOOK 42, PAGE 100 OF THE DADE
COUNTY PUBLIC RECORDS (ALL LOTS ON FARREY LANE);
LOTS 36, 39-42, 45 & 46 OF BELLE ISLE AS RECORDED IN
PLAT BOOK 5, PAGE 11 OF THE DADE COUNTY PUBLIC
RECORDS (36,41 N.ISLAND AVE. AND 31 VENETIAN WAY),
AND LARKMI SUBDIVISION AS RECORDED IN PLAT BOOK 41,
PAGE 68 OF THE DADE COUNTY PUBLIC RECORDS (29-35 N.
ISLAND AVE.), FROM RM -2, RESIDENTIAL MULTI- FAMILY,
MEDIUM INTENSITY TO RM -1, RESIDENTIAL MULTI -FAMILY,
LOW INTENSITY; PROVIDING FOR A REPEALER; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City's Planning, Design and Historic
Preservation Division has recommended that the City's
Comprehensive Zoning Ordinance No. 89-2665 be amended by
rezoning certain properties located on the north side of Belle
Isle and more particularly described as: Lots 1-12 of Belle
Isle Villas as recorded in Plat Book 42, page 92 of the Dade
County Public Records (all lots on Century Lane); Lots 1-14 of
Belle Isle Villas 2nd Section as recorded in Plat Book 42, page
100 of the Dade County Public Records (all lots on Farrey
Lane) ; Lots 36, 39-42, 45 & 46 of Belle Isle as recorded in
Plat Book 5, page 11 of the Dade County Public Records (36,41
N.Island Ave. and 31 Venetian Way), and Larkmi Subdivision as
recorded in Plat Book 41, page 68 of the Dade County Public
Records (29-35 N.Island Ave.), from the current zoning district
classification of RM -2, Residential Multi -Family, Medium
Intensity District to RM -1, Residential Multi -Family, Low
Intensity District, and that the City's Zoning District Map be
amended in accordance with these changes; and
WHEREAS, on March 30, 1993 the City's Planning Board held
a public hearing and considered the aforesaid proposed
amendment and voted 4-2 in favor of said amendment; and
•
WHEREAS, the City Commission believes that a reduction in
permitted residential density will improve the quality of life
for residents of the City of Miami Beach; and
WHEREAS, said reduction in residential density will lessen
the potential future demand on utility infrastructure,
recreation facilities, roads and municipal services provided by
the City of Miami Beach; and
WHEREAS, the proposed rezoning will insure that future
development on the north side of Belle Isle is in keeping with
the present as -built environment of that residential area.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT TO ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amends the
Zoning Districts and Zoning District Map of City of Miami Beach
Comprehensive Zoning Ordinance No. 89-2665 by changing the
zoning district classification of certain properties located on
Belle Isle and more particularly described as: Lots 1-12 of
Belle Isle Villas as recorded in Plat Book 42, page 92 of the
Dade County Public Records (all lots on Century Lane); Lots 1-
14 of Belle Isle Villas 2nd Section as recorded in Plat Book
42, page 100 of the Dade County Public Records (all lots on
Farrey Lane) ; Lots 36, 39-42, 45 & 46 of Belle Isle as recorded
in Plat Book 5, page 11 of the Dade County Public Records
(36,41 N.Island Ave. and 31 Venetian Way), and Larkmi
Subdivision as recorded in Plat Book 41, page 68 of the Dade
County Public Records (29-35 N.Island Ave.), from the current
RM -2, Residential Multi -Family, Medium Intensity Zoning
District classification to RM -1, Residential Multi -Family, Low
Intensity Zoning District.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith
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be and the same are hereby repealed.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect on the 26th day of
June , 1993, provided, however, that this Ordinance
shall not affect any valid building permit outstanding at the
time of adoption.
PASSED and ADOPTED this 16th day of June
1993.
ATTEST:
iZt6(041‘04C• 11v
CITY CLERK
1st reading 6/2/93
2nd reading 6/16/93
SWS:scf:\diskl\sunhar5.ord
FORM APPROVED
LEGAL DEPT.
By
Date 2.-q3
3
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. 309-93
TO: Mayor Seymour Gelber and
Members of the City Commission
FROM: Roger M. CarltQrl
City Manager G(/
SUBJECT:
DATE: JUNE 16, 1993
AMENDMENT TO THE MAP OF ZONING ORDINANCE 89-2665 BY RE-
ZONING THE NORTH SIDE OF BELLE ISLE FROM THE CURRENT RM -2,
MULTI -FAMILY MEDIUM INTENSITY DISTRICT CLASSIFICATION, TO
RM -1, MULTI -FAMILY LOW INTENSITY DISTRICT CLASSIFICATION -
SECOND READING
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt, upon second reading, the
proposed amendment to the Map of the Zoning Ordinance, to change the current zoning
classification on the north side of Belle Isle from RM -2 to RM -1.
BACKGROUND
The Request
The Administration is requesting consideration of an amendment to the Official Zoning
District Map of Zoning Ordinance 89-2665 by re -zoning all privately owned properties on the
north side of Belle Isle (north of Venetian Way) from the current RM -2 (Multiple Family,
Medium Intensity District) classification to RM -1 (Multiple Family, Low Intensity District).
Professional Planning Consultant Recommendations
The City has entered into an agreement with Robert K. Swarthout, Inc., a professional planning
consultant, to evaluate and update the City of Miami Beach Comprehensive Plan, which was
re -adopted by the City Commission on September 16, 1992 (Ord. 92-2804). It is anticipated that
the updated Comprehensive Plan will be considered for adoption later this year.
The first phase of the consultant's contract entailed the preparation of a "Community Visions
Goal, Objective and Policy Options Report". This report has previously been presented to the
Planning Board and City Commission.
During the course of the consultant's study, a field survey of Miami Beach was conducted.
Selected sites inside and outside of Miami Beach were studied. Relevant professional literature
was reviewed.
The Visions report also discusses the public purpose basis for down -planning and reductions
in residential densities and intensities. The public purposes include the following: to reduce
the amount of future traffic, to facilitate hurricane evacuation, to conform with Rule 9J-5,
FAC hurricane hazard area mandates, to encourage residential reinvestment in Miami Beach,
to spread residential reinvestments over a broad area, to ensure development of an increased
access to light, air and views, and to attract more middle and upper income families with
children.
As part of the Visions report, the consultant provided maps showing areas of potential down -
planning which would be further evaluated during the reformulation of the City's
Comprehensive Plan. It is important to look at the Belle Isle site in the context of an overall 18
view toward down -planning and down -zoning in the City.
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AGENDA
ITEM
DATE
R -3-G
The highest intensity proposed by Mr. Swarthout as a rational approach to down -planning in
a Citywide context shows a maximum FAR of 1.0 for both the north and a portion of the south
sides of Belle Isle. Although the consultant's recommended options for down -zoning are
somewhat more restrictive than those recommended by staff later in this report, we believe
they are generally consistent in providing an approach to limiting the scale and size of future
residential development in this area.
Zoning History
The following table illustrates the different zoning classifications on Belle Isle from 1930 to
the present. It is interesting to note that the south side of Belle Isle was originally zoned single
family and that the north side has always been zoned for multi -family buildings. From 1951
on, the zoning has been identical on both sides of the island.
Zoning Ordinance
Date
Belle Isle Zoning District Classification
South Side
- North Side
" 1930
RC
RE
1951
RE
RE
1971
RM -100
RM -100
1989
RM -2
RM -2
' Note: Explanation od District Classifications
RC: Single Family Estates
RE: Multiple Family Apartments and Hotel Units
RM -100: Residential Multi -Family, 100 units per acre, FAR 3.0
RM -2: Multiple Family, Medium Intensity, Base FAR 1.25-2.5, FAR with bonus 1.75-3.0
Zoning Ordinance Review Committee (ZORC), Planning Board and City Commission Actions
The following briefly summarizes actions by the City related to the 1989 Comprehensive Plan
designation of the properties in question:
August 29, 1988 ZORC approves a motion to recommend that the north side of Belle Isle
be designated TH, Townhome Residential (the south side to RM -2, Multi -
Family, Medium Intensity).
July 6, 1989 Planning Bcard approves a motion to amend the proposed future land use
map on the north side of Belle Isle from TH, Townhome to RM -2 Multi -
Family, Medium Intensity.
September 21,1989 City Commission adopts the Comprehensive Plan and the Zoning
Ordinance (Ordinance 89-2665) with the designation of the north side of
Belle Isle as RM -2.
December 12, 1991 City Commission approves a motion directing the Planning Board to
study, among other matters, the down -zoning of Belle Isle, to either RM -
1, Multi -Family, Low Intensity or TH, Townhome Residential.
March 24, 1992 Planning Board considered down -zoning of Belle Isle; voted 3 to 2 to
consider TH - motion failed. There was no vote on the RM -1 alternative.
April 24, 1992 City Commission sets a public hearing to consider the down zoning of
Belle Isle. They also directed the Administration to proceed with
Planning Board hearings on the land use amendment to the
Comprehensive Plan.
May 26, 1992
May 29, 1992
Planning Board holds hearing on amendment to the Future Land Use Map
of the Comprehensive Plan and votes 4-3 to recommend changing the
north side of Belle Isle from its present RM -2 classification to RM -I.
(Planning staff recommends TH).
City Attorney makes determination to have Planning Board re -hold its
hearings on amending the Zoning Ordinance Map and the Future Land
Use Map of the Comprehensive Plan in response to legal questions raised
relative to application and advertising requirements and procedures;
Commission will be advised to defer its hearings until the Planning
Board re -hears matter.
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19
June 2, 1992
New applications prepared and signed regarding amendments to the
Comprehensive Plan Future Land Use Map and Zoning Ordinance Map
on the north side of Belle Isle.
August 7, 1992 Meeting with planning consultant Robert Swarthout; determination made
to prepare new applications for the above referenced amendments by
including tracts "C", "W" and "E" on the south side of Belle Isle with all
of the properties previously named on the north.
October 20, 1992 Planning Board holds public hearings on proposed amendments to Zoning
Ordinance and Comprehensive Plan relating to north side and tracts "C",
"W" and "E" on the south side of Belle Isle. On a vote to recommend
changing the future land use category and zoning to TH, the motion
failed 3-2. There was no motion to vote on the RM -1 alternative.
December 9, 1992 City Commission holds public hearing on down -zoning and future land
use map change for Belle Isle. Commission refers matter back to the staff
and Planning Board for further study and consideration; asked to limit
change to the north side of Belle Isle only. Also, to consider a height
limitation for the RM -1 district and as an alternative, creation of a new
low-rise garden apartment residential district.
March 30, 1993 Planning Board holds a public hearing on proposed zoning amendment
and votes 4-2 in favor of recommending an RM -1 designation for the
north side of Belle Isle. In a separate hearing, it votes 5-1 in favor of
recommending a height limit of 50' for all RM -1 designated properties
outside of the Architectural District.
June 2, 1993 City Commission holds first reading public hearing and votes 7-0 to
approve ordinance which amends the designation of the north side of
Belle Isle to RM -1. At a prior first reading hearing, it also votes to
approve an amendment to limit the height of new buildings to 50' in the
RM -1 District, citywide, outside of the Architectural District.
Land Use Description
The following descriptions refer to the attached map:
Site 1 -
Site 2 -
Site 3 -
Site 4 -
Site 5 -
Site 6 -
Generally referred to as the Stortford property, this parcel of land is
approximately 3.5 acres. There is a complex of apartment buildings on this
property, all approximately three stories high with 120 units total. Legal
description: Larkmi Subdivision as recorded in Plat Book 41, page 68 of the Dade
County records. (29-35 N. Island Ave.).
This 0.60 acre parcel of land, owned by the Edelstein family, is the site of a five
story, 42 unit apartment building. Legal description: Lots 36 of Belle Isle as
recorded in Plat Book 5, page 11 of the Dade County records. (36 N. Island Ave.).
This site is 2.21 acres in size and is the locale for the Lido Spa, a two story
apartment hotel with 106 units. Legal description: Lots 39-42 of Belle Isle as
recorded in Plat Book 5, page 11 of the Dade County records. (41 N. Island Ave.).
This vacant parcel of land, referred to as the Ccllazet site, is approximately 0.95
acres and includes the westerly half of Century Lane. Legal description: Lots 45
& 46 of Belle Isle as recorded in Plat Book 5, page 11 of the Dade County records
(46 Island Ave.); lots 1-5 of Belle Isle Villas as recorded in Plat Book 42, page 92
of the Dade county records. (west lots on Century Lane).
This site includes seven individually owned single family homes on Century
Lane. Legal description: Lvts 6-12 of Belle Isle Villas as rscorded in Plat Book
42, page 92 of the Dadc county records.
This site includes fourteen individually owned single family homes on Farrey
Lane. Legal description: Lots 1-14 of Belle Isle Villas 2nd Section as recorded in
Plat Book 42, page 100 of the Dade county records.
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-JO
Review Criteria for Petition for Changes and Amendments
Section 14-2,E of the Zoning Ordinance states that in reviewing a request for an amendment,
the Planning Board shall consider the following when applicable. It should be noted that these
criteria are also generally applicable to future land use amendments.
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan
and any applicable neighborhood or Redevelopment Plans;
The State Department of Community Affairs has issued an opinion that the
down -zoning of a property from one multi -family zoning classification to
another is consistent with the Comprehensive Plan and does not require a plan
amendment; staff concurs with this opinion. Nonetheless, any approved down -
zoning will be incorporated as a change to the Future Land Use Map in the
pending amendments to the Comprehensive Plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
The area in question proposed to be changed encompasses nearly ten (10) acres.
As such, the district would not be isolated and an RM -I district designation
would serve as a transitional zone between the single family zoned Venetian
Islands to the west and the more intense multi -family and commercial districts
of Miami Beach to the east.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the
City;
The proposed change is in keeping and in scale with the type of low-density
development that the City is seeking to encourage. As mentioned previously, the
down -zoning would preserve the area as a lower density residential transition
zone. It is also generally consistent with the intent of planning consultant's
proposed options to lower the density of development on this site.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
There is no evidence that any down -zoning of this property would be a
detriment on public facilities and infrastructure.
5. Whether existing district boundaries arc illogically drawn in relation to existing
conditions on the property proposed for change;
Although the north side of Belle Isle has been zoned since 1930 for multiple
family development, its historical development pattern has been single family
and low-rise apartments and hotels. It would be appropriate, therefore, to
maintain the low-rise character of this area with a reduction in intensity to RM -
1.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Sub -Section 14-6 of Zoning Ordinance 89-2665 confers upon the Planning Board
the duty to continuously review the provisions of said ordinance and to offer
recommended changes if deemed appropriate to accomplish the' development
goals of the City. Since low-density development is a goal of the City
Commission, a down -zoning to encourage and achieve that goal would be both
appropriatc and necessary. As has been notcd by the planning consultant, a
reduction in intensity of residential development in Miami Beach is strongly
desired by the interviewed community leaders and serves several important
public purposes.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The proposed change would not have an adverse effect on the living conditions
of the neighborhood; indeed, it should encourage development that will have less
of an impact to existing neighborhood conditions.
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8. Whether the proposed change will create or excessively increase traffic congestion
beyond the Levels of Service as set forth in the Comprehensive Plan or otherwise affect
public safety;
Any reduction in intensities of the sites would help insure conformance with the
LOS established for the area.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
The proposed change, to RM -1, could improve light and air circulation to the
ad joining areas.
10. Whether the proposed change will adversely affect property values in the adjacent area;
The resulting site development from a change in land use designation or zoning
should not have an adverse effect on surrounding districts.
11. Whether the proposed change will be a deterrent to the Improvement or development of
adjacent property in accordance with existing regulations;
The proposed change should not be a deterrent to the adjacent properties on the
south side of Belle Isle to be developed or improved in accordance with existing
regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning;
Implied by this review criteria is the analysis of an increase in intensity; since
this request involves down -zoning, this criteria is not applicable.
13. Whether it is impossible to find other adequate sites in the City for the proposed use in
a district already permitting such use.
This review criteria is not applicable as it relates to the request before the
Planning Board.
Findings
One of the original objectives of the Zoning Ordinance Review Committee (ZORC) was to
identify potential areas in the City which Townhome development should be encouraged. The
north side of Belle Isle was identified by the Committee because of the existing physical
conditions and potential for development and redevelopment. However, the Planning Board
and City Commission ultimately classified the area as RM -2 which corresponded to the existing
RM -100 zoning and land use classification in the 1980 Comprehensive Plan.
Townhomes are still viewed by the Administration, as well as the Planning, Design and Historic
Preservation Division staff, as an attractive housing type alternative for the City of Miami
Beach and the north side of Belle Isle. Townhome development would certainly have the least
impact on the Islands in terms of visual impact. Notwithstanding this position, we have also
concluded that beyond the issue of density what may be even more critical here relates to the
height of new structures and the affect that unlimited potential height may have on the
character of the existing built environment. Toward this end, a down -zoning of the north side
of Belle Isle to RM -1, along with the imposition of a height limitation of 50 feet could
accomplish the desired effect of low-density, low-rise development.
Clearly, this request is not one of determining what is the highest and best use in terms of
development intensity on the north side of Belle Isle. Rather, it is one of determining what
type of development is desired to meet a perceived need in terms of scale and the general
preference of the community as a whole. If we arc to assume that the City is adhering to a
policy of encouraging low-density resideltial development, then we must conclude that the
north side of Belle Isle shown on the attached map is most desirable as an area for such
development.
Legal counsel representing the owners of the Lido Spa, Edelstein, and Stortford properties have
continued to voice their concerns relative to this proposed re -zoning, not only in terms of
reducing the overall permissible density, but that these properties are also subject to the Dade
County Shoreline Review Ordinance. They have argued that the shoreline review guidelines
would further limit the footprint of any new development, including a 50' setback from the
seawall line and the provision of view corridors through a site. While these guidelines do call
for certain development restrictions in order to mitigate the visual impact of new waterfront
development, the developer of a property has the right to seek a waiver of some or all of these
5
Ib
guidelines from the Shoreline Review Committee; such waivers have been granted previously
and each project is reviewed on its own merits. Notwithstanding this right of waiver, staff
believes that in most instances, a developer could substantially adhere to the shoreline review
guidelines and also achieve the maximum density permitted by the F.A.R. (Floor Area Ratio)
regulations of the Zoning Ordinance.
While staff remains confident that the present RM -2 land use classification in this area does
not contravene any goals or objectives of the City's Comprehensive Plan or the Florida
Comprehensive Planning and Land Development Regulation Act, it is recognized that the
permitted density and development regulations of this district do not encourage the type of
low-rise, residential development being sought. The Administration and staff also recognizes
that there is a significant public purpose in pursuing efforts to reduce residential densities and
intensities, where appropriate, in a densely developed urban community.
CONCLUSION
The Planning Board, at it meeting of March 30, 1993 voted 4-2 to recommend that the subject
area be re -zoned to the RM -1, Multiple Family, Low Intensity district category on the City's
Official Zoning District Map. In a separate vote, the Board voted in favor to recommend
approval of a proposed amendment to the Zoning Ordinance which would limit new
development in the RM -1 District (outside of the Architectural District) to a height of fifty
feet. We concur with the Board on both of these recommendations.
The Administration believes that the City Commission should proceed to adopt this amending
ordinance, upon second reading.
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