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93-2886 Ordinance ORDINANCE NO. 93-2886 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: AMENDING SECTION 6, "DEVELOPMENT REGULATIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-1, RESIDENTIAL MULTI-FAMILY, LOW INTENSITY" BY ADDING A 50' HEIGHT RESTRICTION FOR NEW CONSTRUCTION OR ADDITIONS FOR THOSE AREAS IN THE RM-1 DISTRICT WHICH DO NOT ALREADY HAVE A HEIGHT RESTRICTION AS INDICATED ON THE ATTACHED MAP; PROVIDING THAT THIS ORDINANCE SHALL SUPPLEMENT ORDINANCE NO. 93-2853 ADOPTED ON JUNE 16, 1993; 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 Subsection 6-1, entitled "RM-l, 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 (50) foot height restriction for new construction or additions for those areas in the RM-l District which do not already have a height restriction, as indicated on the attached map; and WHEREAS, this amendment is necessary to carry out the purpose of the RM-l District as stated in Subsection 6-2A.l of the Zoning Ordinance, which purpose calls for low intensity, low rise single and multiple family residences; and WHEREAS, a height limitation of fifty (50) feet for new development would be in keeping with the as- built character of the areas now zoned RM-l and located outside of the Architectural District; and WHEREAS, since the RM-l District generally abuts single-family districts, it is appropriate that a height limitation be imposed which would effectively preserve a reasonable low-rise transition zone between the single family residential areas and the higher intensity high rise residential and commercial areas; and WHEREAS, on June 16, 1993, the Miami Beach City Commission adopted Ordinance No. 93-2853 which made the regulations set forth herein applicable to all areas within the City included in the RM-l District except those areas shown in the map attached hereto; and WHEREAS, the regulations set forth herein should apply to all areas within the City located within the RM-l District; and WHEREAS, on August 3, 1993 the City's Planning Board held a public hearing and considered the aforesaid proposed amendment and voted 6-0 in favor of said amendment. NOW, THEREFOR, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 6-2 of Zoning Ordinance No. 89-2665, entitled "RM-l Residential Multi Family, Low Intensity" is hereby amended as follows: 6-2 RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY. ,.. ,.. ,.. B. Development Regulations Lot Area equal to or less than Lot Area between 15,001 and Lot Area greater than 30,001 15,000 sq.ft. 30,000 sq.ft. sq.ft I. Base FAR Architectural District - .75 Architectural District -1.1 Architectural District -1.1 otherwise - 1.0 otherwise - 1.25 otherwise - 1.6 2. Maximum FAR with bonus 1.25 1.6 Architectural District -1.6 (See Sec. 6-24). otherwise - 2.0 1 3. MiD. Lot AIea 4. MiD. Lot Width S. MiD. Unit Size 6. A~ Unit Size 7. Max.. BIdg. Height (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet) 5,600 50 New Construction - New Construction - 800 Architectural 550 District - 40 Rehabilitated Rehabilitated Buildings - 550 otherwise ~ 2Q. Buildings - 400 SECTION 2. That the provisions of Section 1 herein shall take effect along with the provisions of Ordinance No. 93-2853 adopted by the Miami Beach City Commission on June 16, 1993 and shall supplement Ordinance No. 93-2853. SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed, except that this Ordinance shall not repeal Ordinance No. 93-2853 adopted on June 16, 1993. SECTION S. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 27th day of SECTION 6. November EFFECTIVE DATE. ,1993. This Ordinance shall take effect on the day of November I' ! / ,1993. ! I PASSED and ADOPTED this 17th //" !// / MA YO~ ATIEST: (~ l-~~ L .~c"'----._.._ ~ITY CLERK 1st reading 10/20/93 2nd reading 11/17/93 DJG:MHf\DISK #3\RMlHGT.93 FORM APPROVED LEGAL DEPT. S~ By Date 5tv~ ~-'2.-1\.'1. 2 '" Ni? --- - '::::.-9-_ ~.:::::.~ -- - --- . - ~ ~:"...:..:::.::.:' - --'~-,:~~-,~~~~-~=- -~ w~, -- ~;~ 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..6.r2L9 3 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. car1t-.I1 - ~,/I '--- City Manager "1j~u(::::::: DATE: Nov. 17, 1993 SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELATIVE TO AMENDING THE RM-l, RESIDENTIAL MULTI-FAMILY LOW INTENSITY DISTRICT MAXIMUM BUILDING HEIGHT -- SECOND READING ADMINISTRATION RECOMMENDATION The city Administration recommends that the city commission adopt on second reading the attached ordinance amending zoning Ordinance 89-2665. BACRGROUND The city Administration is requesting consideration of this clarifying amendment to the Zoning Ordinance which places a height restriction on all properties located within the RM-1 Zoning District. This request has been necessitated by a prior flawed public notice which inadvertently excluded two small areas of the City, currently zoned RM-1, from the original Amendment Ordinance limiting the height of all development in RM-1 Zoning Districts outside of the Architectural District to 50 feet. ANALYSIS The Planning Board, at its meeting of March 30, 1993, voted 5-1 in favor of recommending approval of a proposed amendment to impose a 50 ft. height limit in all RM-1 Zoning Districts, outside the Architectural District. The public hearing notice was published on February 28, 1993 in the "Neighbors" section of the Miami Herald. Inadvertently, two maps indicating RM-1 Zoning Districts were omitted from this advertisement (see attached maps). This problem was further compounded by several property owners in these two areas not being sent mailed notices. It has been determined by staff of the Planning, Design and Historic Preservation Division and the City Attorney's Office that these two RM-1 Districts were effectively excluded from the original zoning Ordinance Amendment, due to this flawed noticing. Consequently, these two areas in question require a new hearing to ensure proper legal notice has been provided. More specifically, the first RM-1 zoned area is at the northeast intersection of Alton Road and 46th street; the second area is at the northwest intersection of Pine Tree Drive and 4 7th ~treet. As such, the proposed amendment represents the inclusion of these two areas of the City zoned RM-1 in the original height limitation amendment. The Planning Board, at its meeting of August 3, 1993, voted 6-0 to recommend to the City commission that the amendment be adopted. The City Commission, at its meeting of October 20, 1993, voted 5-0 to adopt this amendment on first reading. 66 AGENDA ITEM F)-~-c; DATE~_ ANALYSIS The Administration believes that the city Commission should adopt on second reading this proposed clarifying amendment to zoning Ordinance No. 89-2665 in order to rectify the omission of these two RM-1 Zoning Districts from the Original Amendment Ordinance. By imposing a height limitation in the RM-l District, the City now has a zoning classification which purposefully encourages Low Intensity, Low-Rise, Single and Multiple Family developments that is in keeping with the district's purpose. The RM-l District, with a height limitation, serves as an appropriate low-rise buffer between areas zoned single family and higher density commercial and residential zoned areas. The two areas in question should have this same restriction. 67 e:PI (disk l3>\heillhtord.93