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RESOLUTION 93-20770 • RESOLUTION NO. 93-20770 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER ADOPTING AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED "DEVELOPMENT REGULATIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-1, RESIDENTIAL MULTI FAMILY, LOW INTENSITY" BY ADDING A 50 FOOT HEIGHT RESTRICTION FOR BUILDINGS NOT IN THE ARCHITECTURAL DISTRICT; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: WHEREAS, the City' s Planning, Design and Historic Preservation Division has recommended that Subsection 6-2 , entitled "RM-1, Residential Multi Family, Low Intensity" , of Section 6, entitled "Development Regulations" of the City' s Comprehensive Zoning Ordinance No. 89-2665 be amended by adding a fifty (5 0) foot height restriction for buildings not in the Architectural District; and WHEREAS, on March 30, 1993 the City' s Planning Board held a public hearing and considered the aforesaid proposed amendment and voted 5-1 in favor of said amendment; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665, the proposed amendment must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 6, entitled "Development Regulations" , amending Subsection 6-2 , entitled "RM-1, Residential Multi Family, Low Intensity" by adding a fifty (50) foot height restriction for buildings not in the Architectural District; providing for repealer, severability and effective date, 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 2 , 1993 , beginning at 5: 00 p.m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the 1 • \ V t City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 8th d=i of Apr , 1993. • ATTEST: MAYOR •► raht a • r., CITY CLERK: SWS:scf:disk4\devreg.res FORM APPROVED LEGAL DEPT. B Y Date 1/- /-5? 2 r , CITY OF MIAMI B (1:;1 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. -93 V/ 5 ED TO: Mayor Seymour Gelber and DATE: April 8, 1993 Members of the City Commission FROM: Roger M. City Manage SUBJECT: SETTING PUBLIC HEARING-AMENDMENT TO ZONING ORDINANCE 89- 2665 RELATIVE TO IMPOSING A MAXIMUM BUILDING HEIGHT IN THE RM-1, RESIDENTIAL MULTI-FAMILY LOW INTENSITY DISTRICT ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission proceed to set a date and time certain for a public hearing to consider this amendment to Zoning Ordinance 89-2665, which would impose a height limit of 50'on all RM-1 parcels in the City,outside of the Architectural District. In order to meet minimum public notice and advertising requirements, it is recommended that the first reading be set for 5:00 p.m. on June 2, 1993. BACKGROUND The Request The City Administration is presently requesting consideration of an amendment to the Zoning Ordinance which would place a height restriction of 50' on all properties located in the RM-1 District, outside the Architectural District. There is already a height limit of 40' within the Architectural District for RM-1 properties. History On April 21, 1992 the Planning Board recommended approval of an amendment to the Zoning Ordinance restricting the height of developments in the RM-1 District that are adjacent to a waterway and within 200 feet of a single family district. The purpose of that proposed amendment was to ensure that those multi-family sites on canals, across from single family homes, would be limited to a maximum height. The Planning Board, at that time and at subsequent workshop meetings, expressed a desire to possibly expand this restriction to all sites in the RM Districts(RM-1,RM-2 and RM-3)that are adjacent to a single family district, regardless of location on a waterway. Conceptually,it was argued, the same rationale should apply to all such situations since it is the juxtaposition of height between multi-family and single family districts which is the real issue. The Planning Board, at its special meeting of October 20, 1992, held a hearing on a proposed amendment to limit the height of structures in the RM-1, RM-2 and RM-3 Districts which arc within 300 feet of single family owned properties. The Board voted to defer any action on the amendment, pending further study by Staff. On November 24, 1992, the Administration withdrew its application on this amendment to the Zoning Ordinance. The Administration felt that due to the on-going analysis of the City's Comprehensive Plan and Zoning Ordinance, the matter required further study and that there may be suitable alternatives to achieve proper development patterns in these areas. The City Commission, at its meeting of December 9, 1992, requested that the Planning Board and staff study and make a recommendation on limiting the height of buildings in the RM-1 1 AGENDA ITEM DATE District, citywide. This was done simultaneously with a request to examine the possibility of creating a new low-rise multi-family garden apartment district as an alternative approach. The Planning Board, at its meeting of March 30, 1993, voted 5-1 in favor of recommending approval of the proposed amendment to impose a height limit in the RM-1 District. With regard to the proposed Garden Apartment District (RG), the Board at the same meeting voted to defer its recommendation on this matter until July, after the City Commission has made a decision to either approve or turn down the RM-1 amendment. ANALYSIS There are several areas of the City which are zoned RM-1. The largest of these areas, in the Architectural District from 6th to 16th Street between Lenox and Pennsylvania Avenues, has an existing height restriction of 40 feet. All other areas in the City which are zoned RM-1 have an unlimited heighi restriction. The RM-1 District is the City's lowest intensity multi-family district. Although it has a relatively low Floor Area Ratio with a Maximum of 2.0, this lack of a height restriction means that a developer could choose to construct a very slender tall tower on an RM-1 site. Ironically, the present District Purpose in the Zoning Ordinance (Section 6-2A.1) states that "This district is designed for low intensity, low-rise, single and multiple family residences". By imposing a height limitation in the RM-1 District Citywide, the following would be accomplished: a) New development would be in keeping with the as-built character of areas now zoned RM-1 outside of the Architectural District. Of the 435 buildings in the RM-1 District outside the Architectural District, only 20 buildings (4.6%) are 5 stories in height or higher. b) The RM-1 District, as a low-intensity zone, generally abuts single family zoned areas. If the RM-1 District is to function properly as a buffer or transition zone between single family areas and high intensity residential and commercial areas, the imposition of a height limitation is appropriate. Of the twenty (20) existing buildings that are five (5) stories or higher in the RM-1 District, fifteen (15) are already non-conforming in terms of Floor Area Ration (FAR). tiii twenty (20) buildings are also non-conforming with regard to at least one of the provisions of the Ordinance. Therefore, the creation of a height limit will not cause any conforming building to become non-conforming. CONCLUSION The Planning Board, as previously stated, has voted 5-1 to recommend approval of this proposed amendment to Zoning Ordinance 89-2665. By imposing a height limitation in the RM- 1 District, the Administration has concluded that the City of Miami Beach would finally have a low-rise multi-family zoning classification that is in keeping with the district's purpose. Accordingly, we concur with the recommendation of the Planning Board. Based on the foregoing, the Administration believes that the City Commission should proceed to set a date for the first public hearing on this matter. 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