Resolution 93-20997 1 '
RESOLUTION NO. 93-20997
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING TO CONSIDER AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665; AMENDING SECTION 3,
ENTITLED "DEFINITIONS'', AMENDING SUBSECTION 3-
2, ENTITLED "TERMS DEFINED" BY MODIFYING THE
DEFINITION OF "OPEN SPACE" TO EXCLUDE PARKING
SPACES FROM THE CALCULATION OF OPEN SPACE;
AMENDING SECTION 7, ENTITLED "PARKING
REGULATIONS", AMENDING SUBSECTION 7-8,
ENTITLED "PARKING CREDIT SYSTEM", BY
CLARIFYING THE EFFECTIVE DATE FOR THE PURPOSES
OF CALCULATING PARKING CREDITS AND THAT
PARKING CREDITS ARE NOT APPLICABLE TO PORTIONS
OF BUILDINGS WHICH HAVE BEEN DEMOLISHED, AND
BY ALLOWING PARKING CREDITS FOR USES IN THE
REDEVELOPMENT AREA AND FOR REHABILITATED HOTEL
UNITS; AMENDING SECTION 13, ENTITLED
"NONCONFORMING STRUCTURES AND USES", AMENDING
SUBSECTION 13-5, ENTITLED "DESTRUCTION OR
RENOVATION OF NONCONFORMING BUILDINGS AND
USES" BY CLARIFYING THE REGULATIONS FOR
NONCONFORMING USES AND NONCONFORMING
BUILDINGS; AMENDING SECTION 20, ENTITLED ”PS-
PERFORMANCE STANDARD DISTRICT" BY RESTRICTING
NIGHTCLUBS; BY MODIFYING THE RESIDENTIAL AND
COMMERCIAL DEVELOPMENT REGULATIONS IN TERMS OF
LOT AREA, LOT WIDTH, MAXIMUM BUILDING HEIGHTS,
MINIMUM AND AVERAGE UNIT SIZES, SETBACKS AND
BY MODIFYING THE OPEN SPACE RATIO
CALCULATIONS; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR A REPEALER,
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City's Planning, Design and Historic Preservation
Division has recommended that the City of Miami Beach Comprehensive
Zoning Ordinance No. 89-2665 be amended by amending Section 3,
entitled "Definitions", amending Subsection 3-2, entitled "Terms
Defined" by modifying the definition of "Open Space" to exclude
parking spaces from the calculation of open space; amending Section
7, entitled "Parking Regulations", amending Subsection 7-8,
entitled "Parking Credit System", by clarifying the effective date
for the purposes of calculating parking credits and that parking
credits are not applicable to portions of buildings which have been
demolished, and by allowing parking credits for uses in the
Redevelopment Area and for rehabilitated hotel units; amending
Section 13, entitled "Nonconforming Structures and Uses", amending
Subsection 13-5, entitled "Destruction or Renovation of
Nonconforming Buildings and Uses" by clarifying the regulations for
nonconforming uses and nonconforming buildings; amending Section
20, entitled "PS-Performance Standard District" by restricting
nightclubs; by modifying the residential and commercial development
regulations in terms of lot area, lot width, maximum building
heights, minimum and average unit sizes, setbacks, and by modifying
the open space ratio calculations; providing for including in the
Zoning Ordinance; providing for a repealer, providing for
severability; and providing for an effective date; and
WHEREAS, on November 23, 1993 the City's Planning Board held
a public hearing regarding the proposed amendment, after which the
Board voted 5 to 0 in favor of the 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 MAYOR AND 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 3, entitled "Definitions",
amending Subsection 3-2, entitled "Terms Defined" by modifying the
definition of "Open Space" to exclude parking spaces from the
calculation of open space; amending Section 7, entitled "Parking
Regulations", amending Subsection 7-8, entitled "Parking Credit
System", by clarifying the effective date for the purposes of
calculating parking credits and that parking credits are not
applicable to portions of buildings which have been demolished, and
by allowing parking credits for uses in the Redevelopment Area and
for rehabilitated hotel units; amending Section 13, entitled
"Nonconforming Structures and Uses", amending Subsection 13-5,
entitled "Destruction or Renovation of Nonconforming Buildings and
Uses" by clarifying the regulations for nonconforming uses and
nonconforming buildings; amending Section 20, entitled "PS-
Performance Standard District" by restricting nightclubs; by
modifying the residential and commercial development regulations in
terms of lot area, lot width, maximum building heights, minimum and
average unit sizes, setbacks and by modifying the open space ration
2
calculations; providing for inclusion in the Zoning Ordinance;.
providing for a repealer; providing for severability; and providing
for an 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 February 2 ,
1994 beginning at 5:01 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
City of Miami Beach, at which time and place all interested parties
will be heard.
PASSED and ADOPTED this 15th day of December , 1993
/ 4
ATTEST: ABM J
/ MAYOR
CITY CLERK
SWS:scf:disk6\openspac.res
FORM APPROVED
LEGAL DEPT.
By �i
Date IL- 13
3
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. 115293
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
December 15, 1993
FROM: Roger M. Carlt9141Affet
City Manager
SUBJECT:
AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELATIVE TO
• AMENDING THE DEVELOPMENT REGULATIONS FOR THE SOUTH POINTE
• REDEVELOPMENT AREA - SETTING OF PUBLIC HEARING.
ADMINISTRATION RECOMMENDATION
The City. Administration recommends that the City Commission set a
public hearing date to consider the attached amendment package
which deals primarily with the Development Regulations for the
South Pointe Redevelopment Area. • The package addresses the
rehabilitation of non conforming buildings and uses within the
South Pointe Area, as well city wide.
BACKGROUND
As part of an on-going analysis of the City's current Zoning
Ordinance and development patterns south of 6th Street, the City
Administration has identified the need to encourage new
construction and rehabilitation of existing structures within the
Performance Standards Districts which is more consistent and
compatible with the character of the area comprising the South
Pointe Redevelopment Area. The City contracted with the University
of Miami School of Architecture to analyze proposed zoning changes
that were drafted by City staff to accomplish these objectives. In
response to this report, numerous meetings with the South Pointe
Advisory Committee and through the efforts of other departments and
staff, the following Ordinance Amendments were formulated to create
• a more practical and sensitive environment for both new
construction and rehabilitation within the Redevelopment Area.
The underlying goal of the Amendments is to foster development
which is pedestrian friendly. Rather than tall towers surrounded
by large landscaped setback areas, the proposed zoning envisions
buildings which are constructed close to the street and reflective •
of the historic 'built' environment. While taller buildings would
be allowed, there would be height restrictions' and substantial
setback requirements for the tower portions of these structures.
Smaller fifty .(50) ft. wide lots could once again be developed and
• larger site development would be architecturally detailed in a
manner to visually break up the mass of the building fronting on
the street so as not to a "concrete canyon".
59
1 AGENDA R
ITEM , 1
DATE 12- S : 1 3
The Administration is requesting that Amendments to the Zoning
Ordinance be considered regarding the definition of open space, the
calculation of Parking Credits, the definition of nonconforming
structures and uses, restriction of nightclubs within a Performance
Standard District, and by modifying the Residential and Commercial
Performance Standards Development Regulations in terms of lot area,
lot. width, maximum building heights, minimum and average unit
sizes, setbacks, and by modifying the open space ratio
calculations.
The Planning Board, at its meeting of November 23, 1993, voted 9-0
(1 abstention due to conflict) to recommend in favor of the
amendment package. While the Board expressed some concern
regarding the revised open space requirements, they felt on
balance, that the amendment approval process should move forward.
ANALYSIS
The attached Ordinance identifies the proposed new Sections of the
Zoning Ordinance. The underlined portions are those that would be
added to the existing ordinance and the struck through portions are
those that would be deleted. To assist in the review of the
proposed amendments, the following provides a brief explanation of
each proposal:
Sub-Section General Title Pages Explanation\
Impact
3-2.139 Terms Defined 1 Clarification
Open Space of Open Space.
Definition to
exclude parking
• areas and
garages.
7-8A.1 Parking Credit System 2 Establishes
effective date
of parking
credit system
to be
concurrent with
the creation of
the Zoning
Ordinance
(10/1/89) .
7-8A.1.b Parking Credit System 2 Clarifies
parking credit
exemption for
demolished
portions of
buildings;
further, that
parking credits
will now apply
within the
South Pointe
Redevelopment
Area.
r .
60
2
•
Sub-Section General Title Pages Explanation\
Impact
7-8A.1.c Parking Credit System 2 Allows existing
Parking Impact
Fee
participants in
the South
Pointe
Redevelopment
Area to adjust
the parking
credits and
Parking Impact
Fee account at
the next due
date. Of the
$28, 000 in
parking impact
fees non
collected- in
the South
Pointe area,
approximately
• $20,000 would
initially have
been lost by
instituting
parking
credits.
However, the
use of parking
credits should
spur
significantly
more
rehabilitation,
• . thereby
generating
additional
parking impact
fees.
" 3-8A.2 Parking Credit System 2 Deletes 50%
Assessed Value
Rehabilitation
• Rule and allows
parking Credits
for change of,
use from
apartment to
hotel units.
13-5 Destruction, Repair and/ 2 Adds 'Repair'
or Renovation of Non to Subsection
• Conforming Buildings title.
and Uses
3 61
Sub-Section General Title Pages Explanation\
Impact
13-5A Nonconforming Uses 2 New text
clarifies 50%
Rule
determination
for non-
conforming uses
and their
continuation
and their
termination.
(Grandfather
clause)
13-5B.1 Nonconforming Buildings 2, 3 New text for
construction
work less than
50% of the
value
determined by
the Building
Official,
Citywide.
13-5B.2 Nonconforming Buildings 3 New text for
construction
work exceeding
50% of the
value
determination
for historic
and nonhistoric
structures.
13-5 Nonconforming Buildings 3,4 Deletes old
and Uses text addressed
above.
" 13-5C Nonconforming Buildings 4 Clarifies
regulations for
buildings cited
by the Dade
County Unsafe
Structures Bd.
20-3A&B Use Regulations 5,6 New text
Performance Standards clarifies
District specific uses
allowed in the
Redev. Area.
20-3C Nonconforming Uses 6 Deletes old
text addressed
above.
4 62
Sub-Section General Title Pages Explanation/
Impact
20-4B Performance Standards - 7 Revised
Residential Districts development
regulations for
minimum lot
area, lot
width, open
space ratio,
maximum
building height
and minimum and
average unit
sizes for
rehabilitated
buildings. No
change to
existing Floor
Area Ratios.
20-4C Setback Requirements - 8 New Setback
R-PS 1,2, 3,4 requirements
for residential
development.
20-4D Performance Standards - 8 New development
Commercial Districts regulations for
min. lot area
and lot width,
bldg. height,
min. and ay.
unit sizes and
regulations for
Residential
construction in
a Commercial
district.
20-4E Setback Requirements 9 Changes to.
C-PS 1,2,3,4 side setback
requirements.
Also, defines
front pedestal
setback as min.
and maximum
requirement for
front setback;
open courts on
larger bldgs.
added.
20-4F Mixed Use Buildings 9 Clarifies and
in the Redev. Area amends the
F.A.R. range
for mixed use
buildings;
qualification
changed to
commercial
frontage.
20-4J Open Space Ratio 10 Clarifies Open
Space Ratio
definition and
deletes old
ambiguous
language.
5 63
Sub-Section General Title Pages Explanation/
Impact
20-4J.4 Open Space Ratio 11 Creates method
to fulfill Open
Space Ratio
• with an in-
lieu-of fee;
- sets rate and
restrictions.
20-4L.1 Supplemental Parking 11 Encourages
Regulations parking access
from the alley
for non-
oceanfront
residential
buildings and
visual
screening.
20-4.L.2 Supplemental Parking 11 Deletes text .
Regulations related to
compact parking
• spaces which
are no longer
permitted.
20-4L.3 Supplemental Parking 11, 12 Parking
Regulations, RM-PS1 requirements
for this
district are
taken from 20-
4M which is to
be deleted;
also deletes
unnecessary
text which
follows. •
CONCLUSION -
The Administration recommends the proposed amendments to Zoning
Ordinance 89-2665 and supports the conclusions of the University
'Of Miami study, the review by the South Pointe Advisory Committee
and the Planning Board's review and recommendation. Essentially,
the amendments would implement a transition from the original
concept of demolition and development of large scale development
for the South Pointe Redevelopment Area to a concept which
balances large scale development, where appropriate, with the
rehabilitation of remaining existing buildings and new less
intense in-fill development.
DJG\LS\PB\1145CC.93
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