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Ordinance 2000-3230-A ORDINANCE NO. 2000-3230-A 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 3, SUBDIVISION III, ENTITLED "RM-PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT DISTRICT",BY ADDING AN RM-PRD2 ZONING DISTRICT CLASSIFICATION; AND,BY PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS,the applicant, 63rd Street Associates,Ltd.,has made application to the City of Miami Beach to amend the Land Development Regulations of the City Code relative to adding an RM-PRD2 Multi-Family Planned Residential Development zoning district category and development regulations relative thereto, in order to permit a planned residential development of a particular type and character at the St. Francis Hospital Site; and WHEREAS, the Miami Beach Planning Board has determined that new regulations regarding a new RM-PRD2 Multi-Family Planned Residential Development zoning district category should be significantly scaled down in density and intensity from what has been proposed by the applicant; and WHEREAS, the applicant has met several times with various neighborhood groups, and agreed to modify the proposal for the new RM-PRD2 Multi-Family Planned Residential Development zoning district classification as suggested by the Planning Board and Planning Department staff, and to incorporate additional revisions suggested by the neighborhood groups to ensure that the new development is compatible and in scale with the built environment of the City; and, WHEREAS,the City of Miami Beach has determined that adding the new RM-PRD2 Multi- Family Planned Residential Development zoning district classification, as revised by the applicant in response to the above,will ensure that new development is compatible and in scale with the built environment of the City; and, WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida have determined that the new RM-PRD2 Multi-Family Planned Residential Development zoning district classification, as revised, will ensure that new and future development is in the best interest of the City; • NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division 3, Subdivision III, entitled "RM-PRD Residential Multi Family, Planned Residential Development" of Chapter 142 of The Code of the City of Miami Beach,Florida is hereby modified as follows: DIVISION 3. RESIDENTIAL MULTIFAMILY DISTRICTS SUBDIVISION IIIA RM-PRD-2 MULTI-FAMILY, PLANNED RESIDENTIAL DEVELOPMENT Section 142-187 Purposes and Uses 1.District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses This district is designed to Single Family detached None See Section 142-901 through provide for low intensity Dwelling:Townhomes 142-905. Multiple-Family Planned Apartments:* Commercial uses as specified in Residential Development,with Section 142-194c. limited accessory commercial use. *For the St. Francis Hospital Site, the area ref9renced in the attached Appendix shall be restricted to single family or townhouse development. Section 142-188 Development Regulations 1.FAR 2.Min.Lot Area 3.Min.Lot Width 4.Min.Unit Size 5.Avg.Unit Size 6.Max.Bldg. acres feet (sq.ft.) (g1Q Height(feet) 1.45 7 See Guidelines See Guidelines N/A See Guidelines below below below For the St. Francis Hospital Site, residential development within this district may not exceed the following: 180 Total Dwelling Units Section 142-189 Existing Structures For purposes of this Section, structures existing as of April 1. 1999 which are demolished subsequently will not be replaced. except as allowed under the provisions of this Subdivision. Section 142-190 Lot Split Lots,plots, and parcels of land under this section,whether improved or unimproved or Building Site, as defined under the Land Development Regulations of the City Code., designated by number,letter or other description in a plat of a subdivision, may be further divided or split under this Section. Such division or split shall be considered to be in compliance with the regulations of this Ordinance, and shall not be reviewed under Miami Beach Land Development Regulations Section 118,Article VII. Section 142-191 Master Plan Approval Development under this Subdivision shall be subject to review under the Design Review procedures pursuant to the Chapter 118, Article VI of the Code of the City of Miami Beach, Florida. For the St.Francis Hospital Site, development shall be substantially in compliance with the Master Plan on file with the City of Miami Beach Planning Department,prepared by Duany Plater-Zyberk, which reflects a maximum of 180 allowable residential units. Section 142-192 Open Space Common landscaped areas shall be a minimum of 9.5% of the site. A minimum of 50% of total landscaped area shall be retained for passive uses, with the remainder available for active uses. Landscaped areas shall be paved for no more than 10%of their surface. For purposes of this section, the calculation of open space does not include private street rights of way. Section 142-193 Non-Conforming Buildings and Uses Nonconforming buildings, approved as part of the Master Site Plan, which are damaged. repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official pursuant to the standards set forth in the South Florida Building Code may be repaired or rehabilitated if the following conditions are met: a. Renovated or repaired units shall meet the minimum floor area as set forth for this zoning district. The number of units in the building shall not be increased. b. Such repairs or reconstruction in the damaged or repaired portion of the building shall meet the requirements of the city property maintenance standards, the South Florida Building Code, and fire prevention and safety code. Buildings considered legally non-conforming will continue to maintain their legal non-conforming status, except that for the St. Francis Hospital Site, office uses in the Morris Tower building (Northeast building) may be allowed for a period of two (2) years after the effective date of this ordinance,after which they are no longer considered legally non-conforming,and shall be converted to residential use. Section 142-194 Urban and Architecture Design Guidelines 1. Streets a. Alleys: There shall be a continuous network of alleys to the rear of building lots. b. Block perimeter: Average perimeter of all blocks shall not exceed 1200 feet. No block face shall have a length greater than 300 hundred feet without an alley or pedestrian pathway providing through access to another street or alley. c. Sidewalks: Sidewalks shall be a minimum of 5' wide. Walks adjacent to commercial uses shall be a minimum of 8' wide. Free and public use of the sidewalk beyond the right-of-way shall be protected by a public access easement. d. Street and Garden Walls: Streetwalls shall be built on the frontage line or aligned with the building walls. e. Parking: Parking lots shall be located at the rear or at the side of buildings. On street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. Attached and detached single family units shall have a minimum of one and a half parking spaces. Parking for community related retail and service uses may provide required parking on street or in parking garages accessible within an eight-hundred foot radius of the activity. 2. Utilities: Utilities shall run underground. Utility boxes (transformers, telephone boxes, backflow preventers. etc.) shall be concealed in alleys or other locations. 3. Common Open Space a. Lighting: Lighting of rights-of-way and pedestrian public spaces shall be achieved with lamps attached to buildings, landscape lighting, or street lights which shall not exceed j 6 ft. in height. Other lighting may be used in areas that are primarily for service use and are concealed from public pedestrian spaces. b. Plazas: There shall be a minimum of one plaza, whose use is restricted to temporary parking,landscaping,and permanent architecture or water features. Plazas shall have a maximum width to height ratio (width of plaza to height of adjacent building and/or landscaping)of 3 to 1 and shall have continuously defined edges. c. View & Access: View corridors within site and pedestrian access to the waterfront shall be maintained as per the site plan to be approved by the Design Review Board. Waterfront access shall be continuous and shall be a minimum of 12' wide. d. Landscaping: Those areas of the development fronting on public streets shall be landscaped. 4. Buildings a. General (i) Building Use: All principal buildings shall have residential uses, including townhouses and apartment buildings. Limited accessory ground floor retail and commercial uses shall be allowed as set forth in this section. (ii) Principal Entry: The principal pedestrian entrance of all buildings (except outbuildings) shall be directly from a public space (street or square.) (iii) Setback Requirements: All new buildings shall be setback from existing rights of way a minimum of twenty(20) feet. (iv) Special Sites: Special sites, which act as the termination of a vista, a gateway, or a leading corner, shall receive architectural treatment recognizing their position. b. Townhouses Minimum Lot Width: Up to twenty (20) percent of the townhouses may be a minimum of 18'wide: the remaining townhouses shall be a minimum of 24' wide. (ii) Maximum Lot Width: Townhouses shall be a maximum 48' wide. Notwithstanding this limitation, nothing in this section precludes a single owner from purchasing continuous Townhouses, with a total lot width in excess of 48', but the living space in such Townhouses may not be combined. (iii) Minimum Unit Size: Townhouses shall be a minimum of 1600 sf. area. (iv) Maximum Building Height: Townhouses shall not exceed thirty-five (35) feet in height (3 stories) (excluding chimneys and elevator towers)to the eave. A cornice line shall be used to define the top of the first floor. Chimneys, elevator towers, enclosed stairwells, covered roof terraces,towers (with footprints less than four hundred (400) square feet and a height limit of twelve (12) feet above roof high point) shall be allowed. (v) Setback Requirements: Townhouses shall be setback a minimum of six(6) feet from the frontage line. Townhouses at street intersections shall be set back six (6) feet from the frontage line. Setback requirements shall apply to the enclosed portion of the buildings only. Setback requirements do not apply to outbuildings where they front streets. Setbacks on consolidated lots shall apply as in a single lot. Townhouses shall have a setback of zero (0) feet from at least one side property line. There shall be no required rear setback. (vi) Detached Accessory Structures: One or more accessory structures shall be allowed on each lot. Accessory structures shall not be rentable separate from the main townhome. (vii) Street Wall: Townhouses shall have a streetwall built along the unbuilt frontage of a street.minimum 18"high and maximum 6'high. (viii) Unit Entry: Townhouses with the minimum setback shall have their entry set to one side of the facade. This is to preserve the possibility • or retrofitting a ramp for wheelchair access. Buildings shall have a first floor front elevation minimum of eighteen (18) inches above finished sidewalk grade. c. Apartments (i) Minimum Unit Size: Apartments shall be a minimum of 1,000 sf. (ii) Minimum Average Unit Size: Apartments shall be a minimum average of 1.500 sf. (iii) Maximum Building Height: Newly constructed Apartment Buildings as of April 1, 1999 shall not exceed the following: For the St. Francis Hospital Site: East of the extension of the centerline of Water View Prado to the southernmost end of Allison Island: one hundred and twenty (120) feet in height (excluding chimneys and elevator towers) to the cornice. A cornice or plinth line shall be used to define the top of the building base. (iv) Setback Requirements: Apartment Buildings shall have a setback of a minimum of twenty (20) feet from existing city streets. (v) Building Use: Building use shall be primarily residential, with commercial and retail space allowed at ground floor locations. For the St. Francis Hospital site, this commercial and retail space is limited to a total maximum of 1,000 s.f. All such commercial uses shall neither be visible from any public streets nor open to persons other than residents of the proposed development and their guests. No exterior signage shall be permitted. Permitted tenant types are listed_ below. (vi) Retail Uses: Retail space allowed at ground floor shall be limited to the following uses: art galleries: bakery: barber/beauty parlor: café: confectionary. sales of cookies/ice cream: convenience store; delicatessen: dry cleaning (no cleaning on premises): sales of newspapers, magazines. (vii) Commercial Uses: Commercial space allowed at ground floor is limited to:professional offices,including but not limited to attorney, accountant,architect, etc. Commercial uses are limited to the interior of the proposed development. For the St. Francis Hospital Site, commercial uses are prohibited from direct frontage onto 63rd Street. (viii) Existing Buildings: Existing buildings may be converted to residential use provided they meet all requirements of the Land • Development Regulations of the City Code. (ix) Height of Existing Buildings: For the purposes of architectural enhancement,existing structures as of April 1. 1999 may be increased in height as follows: For the St. Francis Hospital Site: East Buildings: The East Buildings may be increased by a maximum of twenty-five(25) feet or two stories above the existing height. Such additional floor area shall not exceed twenty five (25)percent of the enclosed floor area immediately one floor below. Morris Tower building (Northeast building): If the Design Review Board deems that the addition of further height to the Morris Tower building (Northeast building) aesthetically enhances the project,the Morris Tower building (Northeast building) may be increased by a maximum of twenty-five (25) feet or two stories above the existing height. Such additional floor area shall not exceed twenty five (25) percent of the enclosed floor area immediately one floor below. No variances for building height shall be permitted for structures fronting on 63rd Street. SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 4. 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the 5th day of February , 2000. PASSED and ADOPTED this 26th day of January , 2000. ATTEST: MAYOR • C CITY CLERK F:\PLAN\$PLB\MAY\HOSP 1391\1392PRD2\FINAL.FIN 1st reading 11/17/99 APPROVED AS TO 2nd reading 1/26/2000 FORM & LANGUAGE & FOR EXECUTION 4 1/WcrO City A torney Date TEW CARDENAS REBAK REPLY TO: _ - KELLOGG LEHMAN Miami • {� WRITER'Sk-DIRECT LINE CO S 1 PM 2: 02 DEMARIA &TAGUE, L.L.P. (305)539-2114 • ��1Y � , . ,K 1 J ATTORNEYS AT LAW • E-MAIL: BDF@Tewlaw.com January 19, 2000 VIA FACSIMILE & HAND DELIVERY Gary Held, Esq. First Assistant City Attorney City Attorney's Office • City of Miami Beach 1700 Convention Center Drive, 4th Floor Miami Beach, FL 33139 Re: St. Francis: Declaration of Restrictions Our File No.: 20654.002 Dear Mr. Held: I enclose a proposed Declaration of Restrictions. Per our agreement, I will provide you with an executed Declaration of Restrictions and updated Opinion of Title by January 21, 2000. Please call with any questions or comments you may have. Since ely, o• de a Fuente For the Firm Encl. cc: Mr. Jorge Gomez(via facsimile) Mr. Richard Lorber(via facsimile) • MIAMI OFFICE • MIAMI CENTER, 26TH FLOOR,201 SOUTH BISCAYNE BOULEVARD,MIAMI, FLORIDA 33131-4336,TELEPHONE 305/536-1112,FACSIMILE 305/536-1116 • WEST PALM BEACH OFFICE • COMEAU BUILDING,SUITE 1000,319 CLEMATIS STREET,WEST PALM BEACH,FLORIDA 33401,TELEPHONE 561i835-4200,FACSIMILE 561/835-1242 • TALLAHASSEE OFFICE • 403 EAST PARK AVENUE,TALLAHASSEE,FLORIDA 32301,TELEPHONE 850/205-0452,FACSIMILE 8.50/577-0022 • • This instrument was prepared by and DRAFT when recorded should be returned to: _ Santiago D.Echemendia,Esq. Tew Cardenas Rebak Kellogg Lehman DeMaria&Tague,L.L.P. Miami Center,26th Floor 201 South Biscayne Boulevard Miami,FL 33131 DECLARATION OF RESTRICTIONS The undersigned, as Owner of the following described real property(the "Property"), lying, being and situated in Miami-Dade County, Florida, and legally described as follows: See attached Exhibit"A." IN ORDER TO ASSURE the City Commission of the City of Miami Beach that the representations made to them by the-Owner will be abided by, the Owner, its successors and/or assigns freely, voluntarily and without duress makes the following Declaration of Restrictions covering and running with the Property: (1) That this Declaration shall become final and shall be recorded at Owner's cost in the Public Records of Miami-Dade County conditional upon the final, non-appealable approvals of the following pending applications by the City Commission of the City of Miami Beach, Florida("City Commission"): a. File No. 1391A: Zoning Map Change b. File No. 1391B: Future Land Use Map Change c. File No. 1392A: RM-PRD2 Land Development Regulations d. File No. 1392B: Comprehensive Plan Text Amendment In the event that approvals of any of the foregoing applications are appealed to the Florida Department of Community Affairs ("DCA")or other body or court with jurisdiction over the matter,this Declaration shall become final and shall be recorded upon the resolution of such appeals affirming the City Commission's approvals. Finality and recordation shall determine the effective date of this Declaration("Effective Date"). Upon failure to obtain a final, non-appealable approval from the City Commission, or failure to obtain affirmation of City Commission approval for any of the foregoing applications,this Declaration shall automatically terminate and be of no further force and effect. (2) That the Owner shall demolish and remove from the Property within 12 months of the Effective Date all remaining hospital structures with the exception of the Morris Tower. (3) Total maximum Accessory Commercial Space on the Property shall be limited to 1000 Square Feet. (4) There will be a maximum of one hundred eighty(180)dwelling units on the Property. (5) No amendments to this Declaration of Restrictions shall be permitted without approval - from any three of the four following Homeowners' Associations: (i) Allison Island Homeowners' Association (ii) Alton Road Homeowners' Association (iii) La Gorce Island Homeowners' Association (iv) La Gorce/Pine Tree Drive Homeowners' Association Owner may apply for modification for up to five(5)percent of any particular provision of this Declaration of Restrictions without approval of the aforelisted homeowners' associations. (6) The height limitations for the habitable space of the townhouses and apartments as approved under File No. 1392A shall not be modified. (7) The proportionate allocations of the Property for townhouses and apartments, as approved under File No. 1392A, shall not be modified. (8) A maximum of 20%of townhouses shall have a width of eighteen(18)feet. The remaining townhouses shall have a width of twenty-four(24)feet or greater. (9) ' There shall be one view corridor of a minimum of forty(40)feet between newly constructed buildings on the current location of the East Tower. (10) Owner shall submit a landscape plan to the Design Review Board for approval. (11) Owner shall have the right to continue to use all occupied office space of the Morris Tower for office use from the date of final, non-appealable approval of all applications listed in Paragraph 1, for a period of up to twenty-four (24) months. After the expiration of the twenty-four(24)month period,the Morris Tower shall be limited to residential purposes and accessory commercial purposes on the first floor. (12) Ingress and egress to and from the Property will be aligned such that a single traffic light shall control both Allison Island North and Allison Island South. Owner shall make good faith efforts to make a right turning lgne available for the South side of Allison Island at this intersection. Any such improvements are subject to the approval of the Florida Department of Transportation and the City of Miami Beach. (13) The Property shall be developed in phases. The first phase of development shall include construction of the apartments, as approved under File No. 1392A, and shall include the equivalent of one block of townhouses. Inspection. It is hereby understood and agreed that any official inspector of the City of Miami Beach or its agents duly authorized, may have the privilege at any time during normal working hours of entering and investigating the use of the premises to determine whether or not the requirements of the Building and Zoning regulations and the conditions of this declaration are being complied with. Application of Declaration. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the Property and for the public welfare. This Declaration on the part of Owner shall constitute a covenant running with the land, shall be recorded in the public records of Miami-Dade County,Florida,and shall remain in full force and effect and be binding upon the undersigned,their heirs, successors and assigns. Term of Declaration. This Declaration on the part of the Owner shall run with the land and shall be binding upon the undersigned,heirs,successors and assigns for an initial period of thirty(30)years from the date of this Declaration is recorded in the Public Records of Miami-Dade County, Florida,and shall be extended automatically for successive periods of ten (10) years each, thereafter, unless an instrument executed by the,then,fee-simple owner(s)of the Property has been recorded agreeing to change the covenant in whole,or in part,provided that the Declaration has first been modified,amended or released as set forth in the modification paragraph below. Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City,then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. Modification, Amendment, and Release. This Declaration, or any portion thereof, may be modified, amended, or released, by a written instrument executed by the then owner(s) of the Property, subject to the terms of Paragraph(5)above, provided that the same is also approved by the City Commission of the City of Miami Beach, Florida, after public hearing. Should this Agreement be so modified, amended or released, the Director of the Planning Department, or the executive officer of the successor of such office, or in the absence of such director or executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Enforcement. Enforcement shall be by action against any parties or persons violating,or attempting to violate,any of these covenants. The prevailing party in any action or suit pertaining to or arising out of this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law,such sum as the Court may adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law or in equity or both. Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights,remedies or privileges. Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall affect any of the other provisions which shall remain in full force and effect. Reviewed and approved as to legal sufficiency. City Attorney, City of Miami Beach Dated: CdiAgin 0111 al. ,./. /a 11110 Iv )4 ‘.---111111111 1.1 IIIII 11/ q "-11 1110 r• XII II ss mis„,.... 0 ,„.. �_O_ —STREP s ,,,„,. ..., EST 63R0 Aek....0111111111 t 'lit I mrallinflmr:111M111 aiLf 111111 41Wa ratnellina an MON NMI 111111 ii. $ ‘`E 1.1.742:1 ,.... ingivemiz VI .,40-IA ITO lir 1 -.- 1110 O. •�i°OAI • ƒ ) y q ƒ ' /. 2 • b • mct \ oct ./ o / / . 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