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Ordinance 99-3215 ORDINANCE NO. 99-3215 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; BY AMENDING CHAPTER 142, ARTICLE II, ENTITLED "DISTRICT REGULATIONS", AMENDING DIVISION 14, ENTITLED "RO RESIDENTIAL/OFFICE DISTRICT", BY ADDING NEW SUBDIVISIONS TO THE RO RESIDENTIAL/OFFICE DIVISION, CREATING THE RO-2 RESIDENTIAL/OFFICE LOW INTENSITY, AND RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY ZONING DISTRICT CLASSIFICATIONS; BY AMENDING SECTION 142-71 ENTITLED "DISTRICTS ESTABLISHED",TO INCLUDE THE RO-2 AND RO-3 ZONING DISTRICTS, AND, BY PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations of the City Code currently contain the zoning district classification RO Residential/Office; and WHEREAS, the City of Miami Beach has determined that revising and refining the RO zoning district classification is necessary to ensure that new development located in this district is compatible and in scale with the built environment of the individual neighborhoods in which it is located; and, WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida have determined that creating several new zoning districts within the RO Residential/Office division with varying degrees of intensity will ensure that new and future development in these districts is in the best interest of the City by more accurately reflecting the densities, intensities and characteristics of the various neighborhoods zoned RO Residential Office; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division 14, entitled "RO Residential/Office District" of Chapter 142 of The Code of the City of Miami Beach, Florida is hereby modified as follows: DIVISION 14. RO RESIDENTIAL/OFFICE DISTRICT SUBDIVISION I RO RESIDENTIAL/OFFICE SUBDIVISION II Reserved SUBDIVISION III RO-2 RESIDENTIAL/OFFICE LOW INTENSITY Sec. 142-585. Purpose. The RO-2 residential/office low intensity district is designed to accommodate an office corridor or development compatible with the scale of surrounding low-scale residential neighborhoods. The development shall be designed to maintain a single-family residential character. Sec. 142-586. Main permitted uses. The main permitted uses in the RO-2 residential/office low intensity district are single-family dwellings: and offices. Sec. 142-587. Conditional uses. Conditional uses in the RO-2 residential/office low intensity district are adult congregate living facility: day care facility: religious institutions:private and public institutions. Sec. 142-588. Accessory uses. The accessory uses in the RO-2 residential/office low intensity district are those uses customarily associated with the district purpose. See article IV, division 2 of this chapter. Sec. 142-589. Development regulations. The development regulations in the RO-2 residential/office low intensity district are as follows: Max. Minimum Minimum Minimum Maximum Maximum Floor Lot Lot Unit Building Number Area Area Width Size Height of Stories Ratio (Square Feet) (Feet) (Square Feet) (Feet) .5 6.000 50 1,800 25 (except as 2 (except as provided in provided in section section 142-1161) 142-1161) Sec. 142-590. Design review. All construction or rehabilitation shall be approved under design review procedures as set forth in chapter 118. article VI. Sec. 142-591. Setback requirements. The setback requirements for the RO-2 residential/office low intensity district are as follows: (1) Front yard: 20 feet. (2) Side yard,interior: The sum of each side yard shall be at least 25 percent of the lot width,not to exceed 50 feet,any one side yard shall have a minimum of 7.5 feet.When an existing building has a minimum five-foot side yard the setback may be allowed to follow the existing building line. The maintenance of the minimum required side yard setback shall apply to the linear extension of a single-story building or the construction of a second floor addition to existing single-family buildings. (3) Side yard, facing a street: 15 feet minimum. (4) Rear yard: 15 percent of the lot depth. 20 feet minimum. SUBDIVISION IV RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY Sec. 142-592. Purpose. The RO-3 residential/office medium intensity district is designed to accommodate an office corridor or development compatible with the scale of surrounding multi-family residential neighborhoods. The development shall be designed to maintain a residential character. Sec. 142-593. Main permitted uses. The main permitted uses in the RO-3 residential/9ffice medium intensity district are single-family dwelling; apartments: and offices. Sec. 142-594. Conditional uses. Conditional uses in the RO-3 residential/office medium intensity district are adult congregate living facility; day care facility: nursing home; religious institutions: private and public institutions; schools. Sec. 142-595. Accessory uses. The accessory uses in the RO-3 residential/office medium intensity district are those uses customarily associated with the district purpose. See article IV, division 2 of this chapter. Sec. 142-596. Development regulations. The development regulations in the RO-3 residential/office medium intensity district are as follows: Max Minimum Minimum Minimum Average Maximum Maximum Floor Lot Lot Unit Unit Building Number Area Area Width Size Size Height of Stories Ratio (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) 1.25 5.600 50 New New Historic Historic construction- construction- district--40 district--4 -550 -800 (except as (except as Rehabilitated Rehabilitated provided in provided in buildings--400 buildings--550 section section 142-1161) 142-1161) Otherwise--50Otherwise--5 Sec. 142-597. Design review. All construction or rehabilitation shall be approved under design review procedures as set forth in chapter 118, article VI. Sec. 142-598. Setback requirements. The setback requirements for the RO-3 residential/office medium intensity district are as follows: (1) Front yard: 20 feet. (2) Side yard,interior: The sum of each side yard shall be at least 25 percent of the lot width,not to exceed 50 feet, any one side yard shall have a minimum of 7.5 feet. When an existing building has a minimum five-foot side yard the setback may be allowed to follow the existing building line. The maintenance of the minimum required side yard setback shall apply to the linear extension of a single-story building or the construction of a second floor addition to existing single-family buildings. (3) Side yard. facing a street: 15 feet minimum. (4) Rear yard: 15 percent of the lot depth,20 feet minimum. Sec. 142-599. Setback requirements. (a) The setback requirements for the RO-3 residential/office medium intensity district are as follows: Front Side. Side, Facing Rear Interior a Street At-grade 20 feet 5 feet, or 5% of 5 feet, or 5% of Non-oceanfront parking lot on lot width, lot width, lots--5 the same lot whichever is whichever is feet greater greater Oceanfront lots--50 feet from bulkhead line Subterranean 20 feet 5 feet. or 5% of 5 feet. or 5% of Non-oceanfront lot width, lot widthlots--0 whichever is whichever is feet greater(0 feet if greater Oceanfront lot width is 50 lots--50 feet feet or less) from bulkhead line Pedestal 20 feet Sum of the side Sum of the side Non-oceanfront Except lots A yards shall equal yards shall lots--10% of lot and 1--30 of 16% of lot equal 16% of depth Amended Plat width lot Oceanfront Indian Beach Minimum--7.5 width lots--20% of lot Corporation feet or 8% of lot Minimum--7.5 depth, or 50 feet Subdivision width, whichever feet or 8% of from the and lots 231- is greater lot widthbulkhead line, 237 of the whichever is whichever is AmendedPlat greater greater of First Ocean Front Subdivision-- 50 feet Tower 20 feet+ 1 foot The required Sum of the side Non-oceanfront for every 1 foot pedestal setback yards shall lots--15% of lot increase in plus 10% of the equal 16% of depth height above 50 height of the the lot Oceanfront feetto a tower portion of width lots--25% of lot maximum of 50 the building. The Minimum--7.5 depth. or 75 feet feet. then shall total required feet or 8% of minimum from remain setback shall not lot width, the bulkhead line, constant. exceed 50 feet whichever is whichever is Except lots A greater greater and 1--30 of the Amended Plat Indian Beach Corporation Subdivision and lots 231--237 of the Amended Plat of First Ocean Front Subdivision--50 feet (b) In the RO-3 residential/office medium intensity 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. SECTION 2 That Section 142-71 entitled "Districts Established" of the Land Development Regulations of the Code of the City of Miami Beach, is hereby modified as follows: 142-71 Districts Established (a)Districts and symbols. To achieve the purposes of these land development regulations,the Code of the city,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 RO Residential/Office RO-2 Residential/Office Low Intensity RO-3 Residential/Office Medium Intensity * * * 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. SECTION 5. INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH.FLORIDA. 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 Code of the City of Miami Beach, Florida 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. EFFECTIVE DATE. This Ordinance shall take effect on the 27th day of November , 199 9 , however, the effective date of any plan amendment shall be in accordance with Section 163.3184, Florida Statutes. PASSED and ADOPTED this 17th day of November , 199 9. ATTEST: MAYOR CITY CLERK F:\PLAN\$PLB\AUG\1999\RO 1409\1409R02.ORD 1st reading 9/22/99 2nd reading 11/17/99 APPROVED AS TO FORM & LANGUAGE &FOR EXECUTION / / • / CityAttorney Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http\\ci miami-beach fl us COMMISSION MEMORANDUM NO. Q,340-- l c TO: Mayor Neisen O.Kasd' and DATE: November 17, 1999 Members of the City r•mmission FROM: Sergio Rodriguez City Manager JI SUBJECT: RO Resid• , */Office Development Regulations Second Reading - An Ordinance of the Mayor and City Commission of the City of Miami Beach,Florida,Amending the Code of the City of Miami Beach, Florida; by Amending Chapter 142,Article II,Entitled "District Regulations", Amending Division 14, Entitled "RO Residential/Office District",by Adding New Subdivisions to the RO Residential/Office Division, Creating the RO-2 Residential/Office Low Intensity and RO-3 Residential/Office Medium Intensity Zoning District Classifications;by Amending Section 142-71 Entitled "Districts Established",to Include the RO-2 and RO-3 Zoning Districts,And, by Providing for Inclusion in the Code of the City of Miami Beach,Florida; Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance. ANALYSIS The consideration of an ordinance amending the Land Development Regulations for the RO Residential Office zoning district classification, designed to create additional refinements for the RO district citywide, creating a new "limited" RO district where development regulations and permitted uses for specified RO areas would be substantially limited, and which would allow low intensity institutional uses and religious institutions as conditional uses was referred to the Planning Board by the City Commission on July 20, 1999 during the public hearing for the proposed rezoning of a section of 40th Street. At the September 22, 1999 Commission meeting, the idea of creating a limited RO district for the 40th Street area was rejected; what was to have been the RO-1 portion of this ordinance was dropped, and the proposed rezoning of the 40th Street area was withdrawn. Instead, the Commission directed that the existing religious institutions in the 40th Street area should be grandfathered, in terms of their non-conforming status relative to the zoning regulations for that area. Planning Department staff is now working together with the City Attorney's Office to address this issue,and the matter should be brought back to the Commission for approval early next year. AGENDA ITEM f"-\5 1 DATE 1—n— ( ` Commission Memorandum November 17, 1999 RO Residential/Office Development Regulations Page 2 ANALYSIS (Continued) RO-2 and RO-3 However, at that meeting, the Commission did vote to approved the balance of the proposed ordinance, which would create two new zoning district classifications, RO-2 Residential/Office Low Intensity,and RO-3 Residential/Office Medium Intensity. The proposed amending ordinance before the Commission today has been revised as the Commission directed, deleting reference to , the RO-1 Limited classification. Instead, the revised ordinance only creates the RO-2 and RO-3 classifications. Currently,the existing RO Residential Office zoning district classification contains a specific set of permitted uses and development regulations. In the past year, during the process of the comprehensive citywide zoning review,the Planning Board,along with Planning Department staff, has identified that in some cases, for areas zoned or proposed to be rezoned to RO, the development regulations associated with the RO district needed some revision to make them more representative of the surrounding neighborhood. Based on the recommendations of the Planning Board at previous zoning hearings, the Planning Department has drafted these proposed new development regulations, which are before the Commission today. The Planning Board, at its August 28, 1999 meeting,voted 5-2 to recommend approval of the originally proposed ordinance. It is expected that in coming months,the Planning Department will bring to the Planning Board and the Commission additional proposals for rezoning areas currently zoned RO Residential Office to one of the two new RO categories, depending on the character and scale of each subject neighborhood. After all the existing RO areas are rezoned to either RO-2 or RO-3, it is expected that the original RO zoning district classification will be deleted from the Land Development Regulations, leaving the new categories to function independently. RO-2 Residential Office Low Intensity The RO-2 district is envisioned as an intermediate type of zoning district,with permitted densities and intensities midway geared towards areas containing primarily single-family type structures. The typical area envisioned for this district is the segment of the east side of Alton Road between 12th Street and 14th Street. In these former single-family homes, office uses such as accountants, architects,and other professional offices are locating. However,the goal of this district is to allow such uses while discouraging redevelopment that is out of scale with the surrounding neighborhood, specifically avoiding multi-story residential development in this single family scaled zone. The RO-2 will allow all the uses currently permitted by the RO district, and will add community uses as a conditional use. The primary difference with the existing RO regulations is that the development regulations are scaled to encourage single-family sized developments. The maximum 2 Commission Memorandum November 17, 1999 RO Residential/Office Development Regulations Page 3 ANALYSIS (Continued) • building height is 25 feet, and the maximum FAR is 0.5. The Administration believes that this district will encourage development that is viable and vital,while remaining at an appropriate scale for the neighborhood. RO-3 Residential Office Medium Intensity The RO-3 district is designed to address some of the concerns expressed by the Planning Board during the citywide rezoning process last year. Certain areas of the Architectural District, which were being rezoned from CD-1 to RO, were thought to be able to support a greater development intensity than the 0.75 FAR allowed by the RO regulations. When compared with the RM-1 development regulations,which applied to the surrounding low-scale multi-family apartment areas surrounding the subject areas, the 0.75 FAR appeared to be too low. The RO-3 development regulations mirror exactly the existing RM-1 Residential Multi-family Low Intensity development regulations, thereby ensuring that RO development in these areas is compatible with surrounding RM-1 areas. The maximum FAR is 1.25 and the maximum height is forty(40) feet. A wider range of conditional uses is permitted. In reviewing this request for an amendment to the land development regulations, the Planning Board considered the following: 1. Whether the proposed change is consistent and compatible with the comprehensive plan and any applicable neighborhood or redevelopment plans. Consistent - The amendment does not require an amendment to the Future Land Use Map of the Comprehensive Plan, as the RO Residential Office land use category contained in the Future Land Use Element of the Comprehensive Plan would encompass all the new zoning district classifications. The proposed amendment is not contrary to any neighborhood or redevelopment plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The new RO zoning district classifications will be able to be applied to areas of the City which are transition zones,acting as a buffer between areas of greater and lesser intensity. 3 Commission Memorandum November 17, 1999 RO Residential/Office Development Regulations Page 4 ANALYSIS (Continued) 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent - The new zoning district classifications will ensure that development is more in character with the scale of surrounding neighborhoods. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. N/A 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Consistent- Areas will be proposed for rezoning to these new categories in future,based on existing conditions in each area and in the surrounding neighborhoods. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent- The new zoning district classifications will be able to be applied to areas undergoing change,with a greater degree of control and refinement than the existing zoning district classifications available. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. N/A 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. N/A 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Consistent - The proposed zoning districts will be compatible with existing zoning districts of similar type and scale. 4 Commission Memorandum November 17, 1999 RO Residential/Office Development Regulations Page 5 . ANALYSIS (Continued) • 10. Whether the proposed change will adversely affect property values in the adjacent area. N/A 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Consistent - The proposed new zoning districts will not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the proposed ordinance should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. N/A 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. N/A 6 Based on the foregoing analysis, the Administration recommends that the Commission adopt, on second reading public hearing, the proposed amending ordinance, as it would give the City additional flexibility to tailor the development regulations for the various RO districts citywide to each specific neighborhood. SR\ \Ira, \Rg GL\r l T:\AGENDA\1999\NOV 1799\REGULAR\I409CMM2.W PD 5 • i PROPOSED NEW RO RESIDENTIAL/OFFICE ZONING DISTRICTS Proposed New Main Permitted Uses Conditional Uses Maximum Maximum Zoning District (Requires Planning Floor Area Building Board Approval) Ratio (FAR) Height RO-2 Residential Single Family Religious 0.5 25' Office Low Intensity Residences; Institutions; Offices Daycare Facilities; • Possible Areas: Private and Public Alton Road between Institutions; ACLFs. 12th and 14th Streets. RO-3 Residential Single Family Religious 1.25 Historic Office Medium Residences; Institutions; District: Intensity Multi-family Daycare Facilities; 40' Apartments; Private and Public Possible Areas: Offices Institutions; ACLFs; Otherwise: Pennsylvania Ave. Nursing Homes; 50' between 7th and Schools. 11th Streets; Drexel Avenue between 12th and 14th Streets; 71st Street/Normandy Drive area. 6 CAD It) ° Q �" e N-to _ ,° r M ° -d .- V N 4i p �oW O iZi 73, W ^C w ~ '+, U Ea) N 0 V • '� Q 6 • V N ct - 0 Fri UUG: W