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Ordinance 2000-3282 ORDINANCE NO. 2000-3282 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTIES FRONTING ON MONAD TERRACE, BETWEEN BISCAYNE BAY AND WEST AVENUE, FROM THE CURRENT ZONING DISTRICT CLASSIFICATION RM- 2 RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY,TO THE PROPOSED ZONING DISTRICT CATEGORY RM-3 RESIDENTIAL MULTI-FAMILY HIGH INTENSITY; AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THIS CHANGE AS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, amending the zoning of the property listed below as provided herein is necessary to insure that development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS 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 referenced in Section 142-72 of the Code of the City of Miami Beach, Florida,by changing the zoning district classifications for the properties fronting on Monad Terrace, between Biscayne Bay and West Avenue, from the existing zoning district classification RM-2 Residential Multi-Family Medium Intensity, to the proposed zoning district classification RM-3 Residential Multi-Family High Intensity. 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 That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.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. EFFECTIVE DATE. This Ordinance shall take effect on the 18th day of November , 2000. PASSED and ADOPTED this 8th day of November, 2000. ATTEST: MAYOR 12-6A, ra,da, CITY CLERK F:\PLAN\$PLB\SEPT\MNAD 1468\1468.ORD 1st/only reading 11/8/00 APPROVED AS TO FORM& LANGUAGE b FOR EXECUTION 47 City " -rney Date CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO.-1 0Q TO: Mayor Neisen O.Kasdin and DATE: November 8,2000 Members of the City Commission • FROM: Jorge M.Gonzalez City Manager IRST & ONLY READING- PUBLIC HEARING SUBJECT: Rezoning- Monad Terrace An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification for the properties fronting on Monad Terrace from the Current Zoning District Classification RM-2 Residential Multi- family Medium Intensity, to the Proposed Zoning District Category RM-3 Residential Multi-family High Intensity;Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission,upon this first and only public hearing, adopt the proposed Zoning Map change. ANALYSIS The subject site is Monad Terrace, located between West Avenue on the east and Biscayne Bay on the west. The thirty-three(33)story apartment building,formerly known as the Parkshore and now known as the Waverly, is currently under construction directly adjacent to the north of the subject site. The site currently consists of one block of single family homes and low-rise 2 story apartments. In November 1998,the subject property, along with the Parkshore/Waverly property to the north, was rezoned as part of the City's comprehensive citywide zoning efforts which downzoned 28 separate areas throughout the City. The subject property was rezoned from RM-3 Residential Multi-family High Intensity to RM-2 Residential Multi-family Medium Intensity. Subsequently, while reviewing the Future Land Use Plan amendments necessary to effectuate last year's zoning changes, the Planning Board at its meeting of February 23, 1999 decided not to recommend redesignation of that area from RM-3 to RM-2 on the Future Land Use Map, citing the presence of the existing Parkshore/Waverly building on part of the area, which would be rendered non- AGENDA ITEM T:\AGENDA\2000\NOV0800\REGULAR\MONAD.WPD / ' _� DATE VV Commission Memorandum November 8, 2000 Rezoning-Monad Terrace Page 2 conforming by the change. The City Commission, at its March 17, 1999 meeting, agreed with the Planning Board, and refrained from changing the land use designation from RM-3 to RM-2. The effect of this decision is that the property is zoned RM-2 on the zoning map, but designated RM-3 on the Future Land Use Map. In recognition that the Planning Board and the City Commission may have rethought the rezoning of the subject property, the owners of the neighboring Parkshore/Waverly property then applied to be rezoned from RM-2 back to RM-3;however,the application did not include Monad Terrace. The requested upzoning for the Parkshore/Waverly was approved by the City Commission on January 26, 2000; during the public hearing process,residents of Monad Terrace argued that their property should be upzoned as well,because of the incompatibility of their low intensity properties with the adjacent high-intensity development (see attached letters from Monad Terrace residents association). At the December 15, 1999 first reading public hearing, the City Commission directed that the rezoning of Monad Terrace be referred to the Planning Board. The motion was made by Commissioner Liebman, seconded by Commissioner Bower, and approved by a 7-0 voice vote. At its September 26,2000 meeting,the Planning Board unanimously recommended approval of the proposed zoning map change. The property is currently zoned RM-2 Residential Multi-family Medium Intensity. The Land Development Regulations of the City Code specify the following development regulations for this property located in the RM-2 zoning district: Maximum Floor Area Ratio (FAR): 2.0 Maximum Building Height: 140 feet/ 15 stories If the property was rezoned to the RM-3 Multi-family High Intensity zoning district the applicable development regulations would be as follows: Maximum Floor Area Ratio (FAR): 2.75 Maximum Building Height: 150 feet/ 16 stories It should be noted that a building the size of the adjacent Parkshore/Waverly building could not be constructed today. That building received approval several years previously, at which time the development regulations allowed a building of this size to be constructed in the RM-3 zoning district. However, the subsequent comprehensive downzoning undertaken by the City in the past several years has reduced the allowable development to a much more modest level. T:\AGENDA\2000\NO V 0800\REGULAR\MONAD.W PD Commission Memorandum November 8, 2000 Rezoning-Monad Terrace Page 3 Also note that the proposed upzoning would not require a referendum since the maximum permissible FAR would still be less that which was in place in June 4, 1997. In reviewing a request for an amendment to the land development regulations, the Planning Board considered the following when applicable: 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 property is designated RM-3 Residential Multi Family High Intensity on the adopted Future Land Use Map. Accordingly, the proposed change from RM-2 to RM-3 on the Zoning Map conforms to an intensity that is contemplated in the Comprehensive Plan. The amendment is not contrary to any neighborhood or redevelopment plan. Regarding the 1997 charter amendment in regards to waterfront properties, requiring a referendum for the increase of zoned floor area ratio(FAR)above that which existed at the date of the charter amendment (June 4, 1997), the base FAR for the RM-3 district as of that date was 3.50. Subsequently, the City reduced FAR for many zoning districts, including the RM-2 and RM-3 districts. Currently, the FAR for the RM-3 district is 2.75; therefore, this proposed rezoning does not increase the FAR over that which existed as of the date of the charter amendment, and consequently, does not require a referendum. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The property is currently adjacent to the RM-3 district to both the north and south. The proposed amendment would reduce the isolated nature of the zoning. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent- The RM-3 zoning designation is compatible with most of the neighboring properties to the north and south. The Monad Terrace properties are not in scale with the intense nature of the RM-3 zoning district directly adjacent to T:\AGENDA\2000\NO V 0800\REGULAR\MONAD.W PD Commission Memorandum November 8, 2000 Rezoning-Monad Terrace Page 4 the north and south. The site continues to be designated RM-3 on the Future Land Use Map. Monad Terrace's single-family houses and low-scale apartments have been surrounded by more intense residential development. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Consistent - The proposed change could impact upon the circulation of vehicular traffic on the City's roadway network. However, a traffic study would be required to be submitted as part of any future development application, and the development on the site would have to meet concurrency, which would probably require that any new development project enter into a mitigation development agreement with the City of Miami Beach. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Partially Consistent - The existing designation of RM-2 is inconsistent with the RM-3 future land use designation of the subject property, and inconsistent with the existing conditions on the adjacent property, and the majority of bayfront property in this area, which is zoned RM-3 and is characterized by high intensity multi-family residential development. However,the existing conditions on the subject property are more in keeping with a very low intensity zoning designation such as RM-1. Neither the present RM-2 zoning, or the proposed RM-3 zoning, is particularly related to the existing conditions on the subject site. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent- The subject property was downzoned from RM-3 to RM-2 as part of the comprehensive citywide rezoning,but subsequently retained as RM-3 on the Future Land Use Map by the Planning Board and City Commission. Rezoning the property back to RM-3 would acknowledge the existence of the high intensity development existing or being constructed directly adjacent to the site, and eliminate the disparity between the zoning map and the Future Land Use Map. T:\AGENDA\2000\NO V 0800\REGULAR\MONAD.W PD • i Commission Memorandum November 8, 2000 Rezoning-Monad Terrace Page 5 7. Whether the proposed change will adversely influence living conditions in the neighborhood. Partially Consistent - The proposed amendment should not adversely influence living conditions in the neighborhood any more than is currently occurring as a result of the construction of the building next door. 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. Consistent - The proposed change could have an impact upon traffic circulation which may effect levels of service (LOS); however, as stated above, any development project proposed for construction will have an impact, but will be mitigating these impacts by improvements contemplated within a signed mitigation development agreement. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Partially Consistent- The proposed change may slightly reduce access to light and air if a development project is ultimately undertaken on the property, as the maximum allowable height for buildings will be 10 feet higher, and the allowable floor area would increase somewhat. However, as noted above, the citywide downzoning initiative undertaken by the City in the past several years has drastically reduced the allowable development potential of the proposed RM-3 zoning district. 10. Whether the proposed change will adversely affect property values in the adjacent area. Consistent- The Administration is of the opinion that property values in the adjacent areas would not be negatively affected by the proposed amendment; the development of the adjacent Parkshore/Waverly building as new luxury apartments is an example of how this proposed change could further enhance surrounding values. T:\AGENDA\2000\NO V0800\REGULAR\MONAD.WPD I Commission Memorandum November 8, 2000 Rezoning-Monad Terrace • Page 6 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 amendment will not deter development on adjacent sites. The proposed rezoning 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. Consistent - Clearly the existing low-scale residential uses can continue under any current or potential zoning. However, the residents of Monad Terrace, who have requested this zoning change, have made a case that they are effectively surrounded by higher buildings and more intense zoning designations. Their case is a difficult one, as they originally opposed the high intensity development currently being constructed adjacent to them. The residents of Monad Terrace have seen the development progress, and have felt increasingly isolated as the last low-rise area along this section of the bayfront. They have felt that the downzoning has affected them by allowing development around them, while maintaining their unique area as they only lower intensity zoning along this corridor. Their argument for rezoning is primarily one of property values, and they believe that the value of their property would be increased if they were returned to their original RM-3 zoning. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Not Applicable Please note that this is the first and only public hearing the Commission will have regarding the proposed rezoning/land use map change; there is no second reading. As per state statute, the Land Development Regulations and the Comprehensive Plan specify a different procedure for adoption of zoning/land use map amendments for parcels of property under ten (10) acres in size. All neighbors within 375 feet of the property were notified of the public hearing by mail. Following the one required public hearing, the amendment may be immediately adopted by the Commission. T:\AGENDA\2000\NOV0800\REGULAR\MONAD.WPD Commission Memorandum November 8, 2000 Rezoning-Monad Terrace Page 7 Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon this first and only public hearing, the proposed zoning map change, as the property is now surrounded by intense RM-3 development,and as the Planning Board and the City Commission have recently declined to redesignate the property to RM-2 on the Future Land Use Map. ;-,4— JMG\ GG\RGL\rgl • T:\AGENDA\2000\NO V 0800\REGULAR\MONAD.W PD MONAD TERRACE PROPOSED REZONING LL i 1 _____ H �rrwn O FIFTEENTH ,,,■- NA a/ MI CT _ rt a�teHlTM liOU RTEEMH SE N = MU 7_7= MONAD TERRACE M FROM RM-2 TO RM-3 �TM g LF -ST OD p1FVENTH mU From: RM-2 Residential Multi family Medium Intensity To: RM-3 Residential Multi family High Intensity Monad Terrace Property Owners Monad Terrace Miami Beach,Fl 33139 Phone 305-389-8803 Fax 305-866-6521 August 07, 2000 Planning Board do the Planning Department(and) Office of the Mayor and Commissioners City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Planning Board, Mayor and Commissioners: You will soon be again hearing the request from the property owners of Monad Terrace, to be treated fairly, and in a consistent manor with the adjacent properties, fronting the bay and west avenue. While every other parcel is zoned RM-3,and along with Monad Terrace has been zoned RM-3 for over four(4)decades, Monad Terrace has been effectively spot-downzoned to RM-2. Aggravating matters further, a thirty-six(36)story building (the Parkshore a/k/a the Waverly) has been built just to the north of Monad Terrace, leaving us with the worst of both worlds. The planning board and the commissioners have heard and acted favorably on behalf of the Parkshore their request for a zoning change back to RM-3. We appealed for this change along with them, but for bureaucratic reasons,you could not act on our request. You now have clearance from the state to do so, and again we request this change. It is our understanding the City of Miami Beach Staff, including Planning and Zoning recommended against the downzozing in the first place. It is also our understanding that spot-downzoning is illegal. PLEASE HONOR OUR REQUEST FOR MONAD TERRACE TO BE RE-ZONED BACK TO ITS HISTORICAL DESIGNATION AS RM-3. We are sure this issue, as well as the Parkshore project is familiar to many of you, if not, we have enclosed some prior correspondence to refresh your memory. Sincerely, find attached signatures of Monad Terrace Property owners. W M TWIN Prspsrty'w „_ Monad Terrace Miami Beach,F1 33139 Phone 305-389-8803 Fax 305-866-6521 71. Yr/ Ka NcwZ';) - _ .Li: kcc /362Z -!( r/C 6 A '''`_ /3 6-6 /)1G Iv/4-P 41-V / 0 0// 7- #Y4P- /3/f /% /* . (//44.0114.0 /410 MOOD TERfulcE- • / " � � ,.ice_� ,. - /j S- T ere. �,..r. /303--!/I 61,0 Monad Terrace Property Owners Monad Terrace Miami Beach.Fl 33139 Phone 305-389-8803 Fax 305-866-6521 June 19, 1999 Planning Board do the Planning Department(and) Office of the Mayor and Commissioners City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Dear Planning Board, Mayor and Commissioners: We are addressing this letter to question your decisions regarding the inconsistent application of the recent "downzoning" of the adjacent properties of 13th terrace and Monad terrace. We are also questioning the "planning" of the Planning Boards wisdom, to allow a mammoth project such as the"Parkshore"to go forward, - as it is so close to an existing area of older, smaller residences, i.e.: Monad Terrace. The issues at hand are: 1. How did it come to pass that an entire area of Bayfront was downzoned to RM-2, but exclusions permitted to EVERY PARCEL TO RETAIN RM-3 DESIGNATION EXCEPT FOR MONAD TERRACE? You have in effect "carved out"Monad Terrace, discriminated against this lot and its group of homeowners, and allowed a designation that is now INCONSISTENT with other land use in the area. 2. Is the City of Miami Beach and specifically the Planning Board prepared to accept partial if not full responsibility for defects to Monad Terrace buildings, which are already becoming apparent due to the mammoth nature of the project, now known as the Parkshore? These include structural cracks now appearing in the houses to the immediate south of the project, and additional flooding problems now being experienced as water runs off the project onto Monad Terrace through the road and under the concrete fence which separates both projects. What further negative effects will be felt as the project proceeds? 3. Can the board cite experience with any other project of this magnitude being constructed so close to existing homes? What will be the further impact on these properties in the immediate future and further down the road? What will be the effects of wind and wind damage to properties below in the effect of a hurricane? 4. Can the board speak with authority on the health risks of allowing a Parking Garage to be built just a few feet away from single story residences? The pollution risks? The noise concerns of a hundred cars being started every, morning? The noise of alarms going off at all hours when the storms go through? Can the board give us an example of such a garage being built so close to single family homes in this city? In any city? Were these concerns addressed by the Planning Board? Are you prepared to accept responsibility in a"worst case scenario?" What is further appalling in these decisions, is your discriminatory downzoning of Monad Terrace to RM-2. It may well be that many of the properties of Monad Terrace be"uninhabitable' due to conditions mentioned above,and indeed have to be torn down and replaced. MUST WE THEN DOUBLY PAY THE PRICE OF YOUR APPROVAL AND BLESSINGS TO THE PARKSHORE BY BEING THE OWNERS OF LESS VALUABLE AND LESS UTILIZABLE LAND? In closing, we are asking you to act responsibly, consistently, fairly and nondiscriminatorily. Either Force RM-2 zoning and applications to all bayfront land parcels, OR revert back to the prior RM-3 zoning for all_ Sincerely, czt ° _c o 2 / g 2 / � R q u U m C $ § 0 fl ° ' 9 c § � N, / '� 2 ct — m 2 � . D _ ] •— ' J p ƒ o d r 2 0 ƒ \ w 0 (1;2, ` C 0 u § § § • J aJ k q