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RESOLUTION 92-20425 RESOLUTION NO. 92-20425 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD ON THE FOLLOWING AMENDMENTS TO ZONING ORDINANCE NO. 89-2665: AMENDING SECTION 20, "PS-PERFORMANCE STANDARD DISTRICT," AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE STANDARD REGULATIONS" BY INCREASING THE MAXIMUM BUILDING HEIGHT REQUIREMENT AND DECREASING THE MINIMUM AVERAGE FLOOR AREA PER APARTMENT UNIT REQUIREMENT FOR BUILDINGS IN THE RM-PS1, RESIDENTIAL MIXED USE DISTRICT; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on December 16, 1991 and voted unanimously (4-0) to recommend in favor of amendments to Zoning Ordinance 89-2665; and, WHEREAS, said action of the Planning Board has been duly transmitted to the City Commission pursuant to Section 14, entitled "Changes and Amendments" of Zoning Ordinance No. 89-2665, and Section 14 requires that a public hearing be held by the City Commission to hear the Planning Board's recommendation. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the aforementioned amendment to the Zo :'ng Ordinance is hereby called to be held before the City Commission in its chambers on the ' ird Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, February 15 , 1992, beginning at 4:30 p.m. and the City Clerk is hereby authorized and direct-41 to publish appropriate Public otice of the said Public Hearing in a newspaper of gene►a circulation of the City of Miami .:each, at which time . d place all interested parties wil b: heard. l PASSED and ADOPT. D this 8th •ay • January, 1992. MA OR ATTEST: CITY CLERK DJG:jm commisn\18res.91 FORM APPROVED LEGAL DEPT. By Date L g)? Hence, it was agreed that an amendment to the Zoning Ordinance would be put forth that would increase the maximum building height to 60 ft. above ground or above enclosed parking and decrease the minimum average floor area per apartment unit to 1,000 sq.ft. Again, both of these changes are consistent with the RFP issued for this development site. ADMINISTRATION RECOMMENDATION Based on the foregoing, the Administration recommends that the City Commission schedule a public hearing to amend Zoning Ordinance 89-2665. CBT:DJG:jm Enclosure commisn\1093rec.92 tib 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. cz JANUARY 8, 1992 DATE: TO: Mayor Seymour Gelber and Members of the City Commission 61f:3 ), FROM: Carla Bernabei Talarico City Manager SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 RELATIVE TO CERTAIN PERFORMANCE STANDARD REGULATIONS IN THE RM- PS1 RESIDENTIAL MIXED USE DISTRICT/TECHNICAL AMENDMENTS III-A THE REQUEST On September 24 and October 3, 1991 the Planning Board initially held a public hearing on a package of amendments to Zoning Ordinance 89-2665, otherwise known as Technical Amendments III. The Board voted to recommend against the approval of amendments to Subsection 20-4G.&I.(Performance Standard Regulations). These amendments had been written to increase the maximum building freight requirement and to decrease the minimum average floor area per apartment unit in the RM-PS1 (Residential Mixed Use Performance Standard) District. At the October 9, 1991 public hearing(first reading)held by the City Commission on Technical Amendments III, the Commission referred the amendments to Subsection 20-4G.& I.back to the Planning Board for further consideration. This was done with the understanding that the Board did not have all of the facts presented to it and was not apprised of the circumstances requiring such amendments. At the subsequent meeting of the Planning Board on October 22, 1991 the Board was informed of this request for further consideration and scheduled a new hearing for December 16, 1991. After this public hearing, the Board voted unanimously to recommend approval of this request. BACKGROUND With regard to amending the performance standard regulations in the Residential Mixed Use Performance Standard District(RM-PS 1),changes are being proposed to the maximum building height(from the 60 feet permitted now,to 60 feet above ground or above enclosed parking) and minimum average floor area per apartment unit (from the 1,200 sq.f t. required now to 1,000 sq.f t.). The purpose and result of these two changes is to bring these development regulations into conformity with the original Request for Proposals (RFP) guidelines of the Old Police Station Project Site. On January 23, 1991 the Miami Beach Redevelopment Agency passed and adopted Resolution No. 101-91 (see attached)which authorized the Chairman and Secretary to execute an Extension and Clarification Agreement with Cobb Partners Development, Inc. The Redevelopment Agency and Cobb Partners had respectively determined it to be beneficial and in the best interest of each to extend, reaffirm, supplement and clarify the existing contracts with such an agreement between both parties. The Redevelopment Agency reaffirmed its commitment to promote consistent development within the redevelopment area. However, due to changes in market conditions and economic climate, the parties agreed that design flexibility for the project, including units mix and size would prove beneficial to both parties. 07 AGENDA ITEM DATE — g_ RESOLUTION NO. 101-91 A RESOLUTION OF TEl MIAMI BEACH REDEVELOPMENT AGENCY AUTHORIZING THE CHAIRMAN AND SECRETARY TO EXECUTE, ON BEHALF OF TIE AGENCY, AN EXTENSION AND CLARIFICATION ACIREEKIINT WITH COBH PARTNERS DEVILOPHENT, INC. WHEREAS, the Miami Beach Development Agency (the "Agency") and Cobb Partners Development, Inc. ("Cobb Partners") are parties to a "Contract of Purchase and Sale" and a "Cobb Development Agreement", both dated March 31, 1989, and a "Contract of Purchase and Sale Modification Agreement" and a "Modification to Cobb Development Agreement", both dated October 9, 1989 (collectively the "Contracts") , concerning certain real property described as "Parcel 1" and "Parcel 2" in such Contracts; and WHEREAS, each of the parties has respectively determined it to be beneficial and in its best interests to extend, reaffirm, supplement and clarify the Contracts; and WHEREAS, an Extension and Clarification Agreement has been negotiated between the parties, is recommended by the Executive Director . of the Agency and has been approved as to form by the general counsel. NOW, THEREFORE, BE IT DULY RESOLVED by the Miami Beach Redevelopment Agency as follows: Section 1. That the Chairman and Secretary are hereby authorized to execute, on behalf of the Agency, the attached Extension and Clarification Agreement with Cobb Partners Development, Inc. Section 2. That the Executive Director, and the Chairman and Secretary are hereby authorized to execute any and all documents necessary to effectuate the closing pursuant to the Contract of Purchase and Sale Modification Agreement, and fulfill the requirements of the Extension and Clarification Agreement. Section 3. That this Resolution shall be effective upon adoption. PASSED and ADOPTED this 23th day of January , 1991. 10C4"'--J ATTEST: FORM APPROVED SECRETARY LEGAL DEPT. 09 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: l• AMENDING SECTION 20, "PS-PERFORMANCE STANDARD DISTRICT," AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE STANDARD INCREASING THE MAXIMUM BUILDING BY DING HEIGHT REQUIREMENT AND DECREASING THE MINIMUM AVERAGE FLOOR AREp PER APARTMENT UNIT REQUIREMENT FOR BUILDINGS IN THE RM-PS 1,RESIDENTIAL MIXED USE DISTRICT, AND PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER;PROVID ING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sh.4041#4- new language = deleted language SECTION 1. That Subsection 20-4, entitled "Performance Standard Regulations" of Section PS 20, entitled "PS- Performance Standard Dostrict" of Zoning Ordinance No. 89-2665, is hereby amended as follows: 20-4 PERFORMANCE STANDARD REGULATIONS * * * G. Table of Residential Limited Mixed Use Performance Standards Mixed Subdistricts RM-PS1 Performance Standard 1. Minimum Site Area 120,000 2. Minimum Site Width 350 ft. 3. Required Open Space Ratio .60 4. Maximum Building Height 60 feet` b* :0 g.:: .............................................1......... 0.0100.0 5. Base FAR (without bonus) .75 6. Maximum FAR (with bonus) 1.5 7. Minimum Floor Area Per 600 Apartment Unit (square feet) 8. Minimum Average Floor Area Per 4404 Apartment Unit (square feet) 9. Minimum Floor Area Per Hotel N/A Unit (square feet) 10. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4,M Requirement herein. 11. Minimum Off-Street Loading Pursuant to Section 7-5 of Zoning Ordinance. 12. Signs Pursuant to Section 9 of Zoning Ordinance. 13. Suites Hotel N/A * * * Performance Standard Bonuses. Floor Area Ratio bonuses may be accumulated I• by meeting one or more of the criteria as set forth in Section 6- ; provided that inany no event shall Use be permitted an increase in Floor Area Ratio so 1 10 as to exceed the maximum Floor Area Ratio specified in the applicable Table of Residential, Commercial Performance Standards or Residential Limited Mixed Use Performance Standards,except through the Use of Transfer of Development Rights as set forth in Subsection 64.V0 5 herein. SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on the day . of , 1992. PASSED and ADOPTED this day of 1992. MAYOR ATTEST: CITY CLERK DJG/JGG a:psamnd.91 FORM P r'r-- '740 LEG • By 6-414.#14,44.i Date • 2 • ORIGINAL RESOLUTION NO. 92-20425 Calling a public hearing to consider a recommendation of the Planning Board on the following amendments to Zoning Ordinance No. 89-2665: Amending Section 20, "PS-Performance Standard District".