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RESOLUTION 92-20510 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTION NO. 92-20493 AND SETTING A PUBLIC HEARING DATE TO CONSIDER AN AMENDMENT TO THE ZONING DISTRICT MAP OF COMPREHENSIVE ZONING ORDINANCE NO.89-2665 WHICH WOULD DOWN-ZONE THE NORTH SIDE OF BELLE ISLE FROM RM-2, MULTI-FAMILY MEDIUM INTENSITY DISTRICT, TO TH, TOWNHOME RESIDENTIAL DISTRICT. WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on March 24, 1992 and voted on a motion to down-zone the property on the north side of Belle Isle from RM-2 to the TH zoning classification; and WHEREAS,although said motion failed by not achieving four (4) favorable votes, with the vote being three (3) in favor and two (2) against, it was forwarded to the Commission as the recommendation of the Board; and WHEREAS, the City Commission adopted Resolution No. 92-20493 on April 22, 1992 setting a public hearing on this matter for June 11, 1992; and WHEREAS, additional time is necessary to prepare proper notification of at least thirty (30) days for all affected individual property owners. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Resolution No. 92-20493 that called for apublic hearing for_ June 11, 1992 to consider an amendment to the ZoningDistrict Mapof Comprehensive Zoning Ordinance No. 89-2665 which would down-zone the north side of Belle Isle from RM-2,Multi-Family Medium Intensity District to TH, Townhome Residential District is hereby rescinded and that a public hearing to consider the aforesaid amendment is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on June 25, 1992, beginning at 5:01 p.m.; and the City Clerk is hereby authorized and directed to publish an appropriate Public Notice of the said Public Hearing, in a newspaper of general paid circulation in the county and of general interest and readership in the community,at which time and place all interested parties may be heard. PASSED AND ADOPTED this day of , 1992. MAYOR ATTEST: CITY CLERK cctrmi sn\res 1098.92 FORM APPROVED LEGAL DEPT. By 5-2,4k6, )/.Date /4 -9?- `�6 AGENDA ITEM • DATE ORDINANCE NO. AN ORDINANCE OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO.89-2665 BY AMENDING:THE ZONING MAP TO REFLECT A CHANGE IN ZONING DISTRICT CLASSIFICATION ON THE NORTH SIDE OF BELLE ISLE, INCLUSIVE OF ALL PROPERTIES NORTH OF THE VENETIAN WAY AND NORTH ISLAND AVENUE, FROM RM-2, MULTI-FAMILY MEDIUM INTENSITY DISTRICT TO TH, TOWNHOME RESIDENTIAL DISTRICT; PROVIDING FOR A REPEALER;PROVIDING FOR SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission and Administration believe that there is a need to attract townhome type development to the City of Miami Beach; and WHEREAS, the north side of Belle Isle is seen as an appropriate location for townhome development; and WHEREAS, the down-zoning of the north side of Belle Isle to the TH, Townhome Residential District,classification would potentially lessen the impact of traffic and congestion on this and adjoining islands; and WHEREAS,the Planning Board rendered a recommendation on this matter at its meeting of March 24, 1992 by a vote of 3-2 for townhome development, with all positive recommendations requiring at least four affirmative votes of the Planning Board; and WHEREAS, the City Commission finds that the amendment set forth, herein, is consistent with the City's Comprehensive Plan and is necessary to the welfare of the residents of the City of Miami Beach, Florida. NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA: Underlined area = new language S -lie-- = deleted language SECTION 1. That the following properties are down-zoned from the RM-2, Multi-family Medium Intensity District to TH, Townhome Residential District: Lots 36, 39, 40, 41, 42, 45, 46 of the amended Plat of Belle Isle as recorded in Plat book 5 page 11 of the Dade County records. Larkmi Subdivision as recorded in Plat Book 41 page 68 of the Dade County records. Lots 1-12 of Belle Isle Villas as recorded in Plat Book 42 page 92 of the Dade County records. Lots 1-14 of Belle Isle Villas Second Section as recorded in Plat Book 42 page 100 of the Dade County records. SECTION 2. That the official Zoning Map of the City of Miami Beach is hereby amended to reflect the Townhome District classification change as specified in Section 1 of this Ordinance. SECTION 3. Repealer. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. Sevelability. If any section,subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. Effective Date. This Ordinance shall take effect on the day of 1992. PASSED and ADOPTED this day of 1992. MAYOR ATTEST: CITY CLERK DJG:jm c:\wp\jgg\pb\bellemap.92 FORM APPROVED LEGAL DEPT. By 64.4,40., 5:airme.e,aeci. Date � ' 9 a . . .. VACANT SINGLE-FAMILY : 0 e 0 f HOTEL 0 SINGLE- - O --1.61- FAMiLY . r MULTI- i15) . ___ FAMILY i /i J MULTI-FAMILY ; 0 \ 111 I ---40....._ iBELLE ISLE, North Half LAND USE MAP � "' i • • t6'; ill i;.. ,. 0: °41 s . . . -• esikkik. fir 1 Z • • S , . Piljt i ik . - flak 14.11,_ _ e . : iree . . - tc., ..ter rim ',sip,#16_. , .. 11, . 4 .- i• 4. . 1. V 44..: .0 f -- im.0...)111 lb if - - 4k -- 7-. - -.,, ./- a L... •• •- AelibtioNNkl" . ... _____ 1 ----,- ___.„-iia ...---:-...„--...„.„,„_.,-- - -_-_,iik,..- - - - - i alb _-.tel 114 6. 11.4t - _ ab •r - - a L _ _ ..." t.dt- _ _.1. i . dr- i . ila. _ _ - . W 111V161-3;- . _ i - _ 4.4(7 OP ... _:. A Vis - _ _ - ib - -- ilit . lik si . . . it _ "ti - . •II ... _ _ la r - -1 _ __ i ,47 g.,, _.. , . W: , _ . , 1 if 0 = A :if,,,,,. i 1614.le- . .. . 41; i (..4 , _ • . . . , _ I . i ! 1- - \ 1 4 • BELLE ISLE I AERIAL MAP • • 75 *w w .• 1 • , r . oriel 7.44f, I r44/42.044A1411-1 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. V/92,.. DATE: MAY 20, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Canto City Manager �' SUBJECT: AMENDMENT TO THE MAP OF ZONING ORDINANCE 89-2665 BY DOWN- ZONING THE NORTH SIDE OF BELLE ISLE FROM RM-2, MULTI-FAMILY MEDIUM INTENSITY DISTRICT, TO TH, TOWNHOME RESIDENTIAL DISTRICT - RE-SETTING OF PUBLIC HEARING ADMINISTRATION RECOMMENDATION The Administration is recommending that the Commission re-set a public hearing for First Reading on this matter for June 25, 1992 at 5:01 p.m. and to rescind Resolution No. 92-20493 which originally called for the hearing to be held on June 11, 1992. The reason for this request and recommendation is that the mailing labels for individual affected property owner notification have not been prepared in time to meet the 30-day notification requirement. BACKGROUND The Administration is requesting consideration of an amendment to the official Zoning District Map of Zoning Ordinance 89-2665 by down-zoning all privately owned properties on the north side of Belle Isle (north of Venetian Way) from RM-2 (Multiple Family, Medium Intensity District), to RM-1 (Multiple Family, Low Intensity District) or to TH (Townhome Residential District). This request was prompted by a vote of the City Commission to study the down-zoning alternatives for this area and to elicit a recommendation from the Planning Board. In response to this request, the Planning and Zoning Department has prepared the analysis which follows,examining the zoning history of Belle Isle and the actions taken by various City entities and evaluating the existing conditions and the alternatives for future development patterns based on different zoning classifications. It should be noted that as a result of actions from different citizen groups relative to this zoning issue, the City's Comprehensive Plan has been challenged as to its validity. The State's Department of Community Affairs issued a Final Order finding the plan in compliance with all statutory requirements,but the courts have ruled that the Plan was improperly noticed. The issue, at this time, is at the State Supreme Court level for a final determination. The Planning Board, at its meeting of March 24, 1992 voted on this matter. Of the seven member Board, one person was absent and a second person recused himself from voting on the basis of a conflict of interest. There was a motion made to downzone the properties in question to the TH Zoning classification; there were three affirmative votes and two against. As such, the motion failed, since the Zoning Ordinance requires an affirmative vote of four members. There being no other motions made by present members of the Planning Board, the failed motion on the recommendation to downzone was, accordingly, transmitted to the City Commission. The Commission, at its April 22, 1992 meeting voted to set a public hearing to consider down- zoning the aforementioned property from RM-2 to TH. The First Reading was set for June 11, 1992 by Resolution No. 92-20493. Now, in order to meet the required 30-day notification period, the Administration finds it necessary to recommend re-setting the public hearing for First Reading for June 15, 1992 at 5:01 p.m. 68 w + • AGENDA ITEM, 1 DATE ANALYSIS 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 Class.�f�cation 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 rezoning of the properties in question: August 29, 1988 ZORC approves a motion to recommend that the north side of Belle Isle be zoned TH, Townhome Residential (the south side to RM-2, Multi- Family, Medium Intensity). July 6, 1989 Planning Board approves a motion to amend the proposed zoning 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 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 the down-zoning of Belle Isle, to either RM-1, Multi-Family, Low Intensity or TH, Townhome Residential. Land Use Description The following descriptions refer to the attached map and the land use of each site: Site 1 - 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.). Site 2 - 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.). Site 3 - 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.). Site 4 - This vacant parcel of land, referred to as the Cellazet 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). 2 69 tr � • Site 5 - This site includes seven individually owned single family homes on Century Lane. Legal description: Lots 6-12 of Belle Isle Villas as recorded in Plat Book 42, page 92 of the Dade county records. Site 6 - 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. Zoning Classifications (RM-2, RM-1, TH) In order to illustrate the impact on development that either of the new proposed zoning district classifications would have on the north half of Belle Isle vis-a-vis the existing zoning classification, the Department has prepared the following examples. The examples are based on a hypothetical assumption that development will occur on a one acre site. Further that the Townhome units will have an average of 1,500 square feet and multi- family buildings (RM-1 and RM-2) will have an average of 1,100 square feet, and that 20% of the gross area as common space (i.e. lobbies, hallways, stairwells, etc.). Land FAR Gross Building Area No. of Units Area - - (sq.f t.) Base w/ bonus Base w/ bonus Base w/ bonus TH 43,560 0.70 1.20 30,492 52,272 20 35 RM-1 43,560 1.60 2.0 69,696 87,120 51 63 RM-2 43,560 2.50 3.0 108,900 130,680 79 95 In the examples outlined above, the TH District classification on a one acre site could result in a development of 20 to 35 units. It is important to note that densities are hypothetical utilizing the Zoning Ordinance regulations and recent development proposals in the City that provide some practical density calculations. Depending on the size of the property to be developed, maximizing the number of units on a site may or may not require setback variances. RM-1 zoning on a one acre site would develop a project between 51 and 63 units and the RM-2 District would result in a project that has 79 to 95 units. Level of Service (LOS) State statutes require that the City's Comprehensive Plan include a Traffic Circulation Element and adopted Levels of Service (LOS) for roadways within the City. Once a level of service has been adopted, no future development can be permitted which drops the level of service below the adopted level. The levels of service are developed as a ratio between the volume of traffic at peak hour to the capacity of the road as determined by the Florida Department of Transportation. The existing conditions on the Venetian Causeway represent a volume to capacity ratio of 0.41, which is considered to be free flowing traffic or Level of Service "A". The Miami Beach Comprehensive Plan, the Dade County Master Plan and the City of Miami Comprehensive Plan all show that the adopted future level of service for the Venetian Causeway to be Level "D". Future development scenarios for the north half of Belle Isle, which were prepared by this Department in September of 1989, result in projected Levels of Service as follows: TH - LOS "A", Free Flowing RM-1 - LOS "A" (almost "B"), "B" is Stable RM-2 - LOS "C", Un-congested In this analysis the figures represent the maximum potential development on Belle Isle using the floor area ratios with the bonus system. Furthermore, the analysis only applies to the traffic impacts of development on Belle Isle, assuming a constant elsewhere on the Venetian Causeway. Thus, if the City of Miami approves permits for development on the western portion of the Causeway or in the Omni/Venetia area, or if the City of Miami Beach approves developments in the Convention Center area, the levels shown above may drop regardless of developments, if any, on Belle Isle. 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. 3 70 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 forth 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; this Department concurs with this opinion. 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 the TH or RM-1 district's 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-rise • townhome development that the City is seeking to encourage. As mentioned previously, the downzoning would preserve the area as a lower density residential transition zone. 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 are 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 change in zoning to TH or RM-1 (with an accompanying height limitation). 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 townhome style development is one of the goals of this City, a downzoning to encourage and achieve that goal is both appropriate and necessary. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed down-zoning would not have an adverse effect on the living conditions of the neighborhood; indeed, it should encourage development that will be less impactful to existing neighborhood conditions. 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 down-zoning of the site would not affect the LOS established for the area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed down-zoning, whether it be TH or RM-1 (especially if the district regulations are amended to include a height restriction), would improve light and air circulation to the adjoining areas. 4 10. Whether the proposed change will adversely affect property values in the adjacent area; The resulting site development from a change in 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 down-zoning would not be a deterrent to the adjacent properties south of Venetian Way 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 upzoning request; 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 request is being considered precisely because there are few other areas in the City that encourage townhome development. CONCLUSIONS One of the objectives of the Zoning Ordinance Review Committee (ZORC) was to identify potential areas in the City which would accommodate Townhome zoning. 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. At the Planning Board's Public Hearing, there was considerable testimony by some of the owners of affected properties on the north side of Belle Isle as to why the area should be re-zoned to RM-2. When this recommendation was then reviewed by the City Commission, the then City Attorney further advised that the down-zoning of the area to TH could constitute a taking of the property;accordingly the Commission approved the RM-2 zoning classification. A subsequent thorough analysis was conducted to explore the consequences of the different zoning classifications on Levels of Service. It was determined, that although townhome zoning was a desirable use, if because of legal issues RM-2 zoning must be put in place, there was sufficient supporting documentation on Levels of Service to justify this zoning classification. Townhomes are still viewed by the Planning and Zoning Department as an attractive housing type alternative for the City of Miami Beach. Townhome development would certainly have the least impact on the Islands in terms of traffic and congestion. There are presently only three areas in the City that are zoned exclusively for townhomes: a one block area of Espanola Way, west of Meridian Avenue; one parcel south of the Mount Sinai complex adjacent to the Julia Tuttle Interchange; and, the outer lots of Park View Island. Because of existing conditions in terms of built environment, vacant parcels and limited size, none of these sites offer a realistic opportunity for significant new townhome development in Miami Beach. It should be noted that townhome style development projects have been proposed in other multi-family zoning districts elsewhere in the City,including within areas designated as RM-1. There has been a recurring problem, however, in that the sites have had tight configurations and because of the stringent setback requirements of these districts, the projects have required numerous zoning variances. Consequently, while townhome development is possible within these districts, the development regulations of the Zoning Ordinance are not conducive to that type of 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 housing need and the general preference of the community as a whole. If we are to assume that the City is adhering to a policy of encouraging townhome development,then we must conclude that the northern half of Belle Isle is a most desirable site for such development. While the Planning & Zoning Department remains confident that the present RM-2 zoning 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 recognizes that the permitted density and development regulations do not encourage the type of townhome development being sought. Staff has recommended, therefore, that the area be rezoned to the TH, Townhome District category. Alternately, if the Planning Board had deemed it appropriate to downzone the area to the RM-1, Multi-Family Low Intensity 5 t, 72 f ' classification, that this be done so in tandem with recommendations to amend the development regulations of this district in order to encourage townhome development. These amendments would necessarily require further study, but might include more restrictive height guidelines, reduced setback requirements and/or modified FAR design bonuses in order to achieve this desired development goal. RMC:DJG:JGG:jm commisn\belle.92 6 RESOLUTION A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, RESCINDING RESOLUTION NO. 92-20493 AND SETTING A PUBLIC HEARING DATE TO CONSIDER AN AMENDMENT TO THE ZONING DISTRICT MAP OF COMPREHENSIVE ZONING ORDINANCE NO.89-2665 WHICH WOULD DOWN-ZONE THE NORTH SIDE OF BELLE ISLE FROM RM-2, MULTI-FAMILY MEDIUM INTENSITY DISTRICT, TO TH, TOWNHOME RESIDENTIAL DISTRICT. WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on March 24, 1992 and voted on a motion to down-zone the property on the north side of Belle Isle from RM-2 to the TH zoning classification; and - WHEREAS,although said motion failed by not achieving four (4) favorable votes,with the vote being three (3) in favor and two (2) against, it was forwarded to the Commission as the recommendation of the Board; and WHEREAS, the City Commission adopted Resolution No. 92-20493 on April 22, 1992 setting a public hearing on this matter for June 11, 1992; and WHEREAS, additional time is necessary to prepare proper notification of at least thirty (30) days for all affected individual property owners. NOW, THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that Resolution No. 92-20493 that called for apublic hearing for. June 11, 1992 to consider an amendment to the ZoningDistrict Mapof Comprehensive Zoning Ordinance No. 89-2665 which would down-zone the north side of Belle Isle from RM-2,Multi-Family Medium Intensity District to TH, Townhome Residential District is hereby rescinded and that a public hearing to consider the aforesaid amendment is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida on June 25, 1992, beginning at 5:01 p.m.; and the City Clerk is hereby authorized and directed to publish an appropriate Public Notice of the said Public Hearing, in a newspaper of general paid circulation in the county and of general interest and readership in the community,at which time and place all interested parties may be heard. PASSED AND ADOPTED this day of , 1992. MAYOR ATTEST: CITY CLERK cceTmi sn\res 1098 .92 FORM APPROVED LEGAL DEPT. , - i Date / —9?- "76 AGENDA /? ITEM I i DATE