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93-2885 Ordinance ORDINANCE NO. 93-2885 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: 1. AMENDING SECTION 3, "DEFINITIONS", AMENDING SUBSECTION 3- 2 , ENTITLED "TERMS DEFINED" BY ADDING A DEFINITION OF PLANNED RESIDENTIAL DEVELOPMENT; 2. AMENDING SECTION 4, "ZONING DISTRICTS", AMENDING SUBSECTION 4-1, ENTITLED "DISTRICTS ESTABLISHED" BY ADDITION OF THE RM-PRD ZONING DISTRICT; 3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS", CREATING SUBSECTION 6-2.1, ENTITLED "RM-PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT", PROVIDING A DISTRICT PURPOSE AND USES, CREATING DISTRICT DEVELOPMENT REGULATIONS AND CREATING SETBACK REQUIREMENTS; 4. AMENDING SUBSECTION 6-5, ENTITLED "RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3" BY DELETING THE REQUIREMENTS PERTAINING TO LOTS THAT ARE CONTIGUOUS TO GOVERNMENT CUT AND/OR THE ATLANTIC OCEAN ON AT LEAST TWO SIDES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Fisher Island represents a unique development site in the City oJ Miami Beach in that it is not connected by road or bridge to the rest of the City; and WHEREAS, there already exists an overall development master plan for this site which has been approved by the City of Miami Beach; and WHEREAS, given Fisher Island I s size of over ten acres and its location not being proximate to any areas zoned single-family,there is no planning need for a restrictive height limitation for buildings on this site to protect neighboring single-family areas; and WHEREAS, the City of Miami Beach desires to create a new zoning classification which provides development incentives in terms of height in return for an overall master site development plan, thereby insuring proper site planning, open space utilization and adequate internal traffic circulation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 3-2, of zoning Ordinance No. 89- 2665, entitled "Terms Defined" is hereby amended as follows: 3-2 Terms Defined * * * 151. Planned Rtsidential Development: A residential development of ten acres or more which has a cohesive site development plan encompassinq more than one buildinq, and meetinq the requirements of Subsection 21-4. * * * SECTION 2. 2665, entitled follows: That Subsection 4-l, of Zoning Ordinance No. "Districts Established" is hereby amended 89- as 1 4-1 DISTRICTS ESTABLISHED A. To achieve the purposes of this Ordinance and of Part 1, Division 11, Article VI, Related Laws, The Code of the City of Miami Beach, Florida, and regulate the Use of land, water and Buildings, height and bulk of Buildings and other structures, and population density and Open Space, the city is hereby divided into the following districts: SYMBOL DISTRICT RS-1 RS-2 RS-3 RS-4 RM-1 RM-2 RM-3 RM - PRD CD-l CD-2 CD-3 CCC GC GU HD 1-1 MR MXE RO TH WD-1 WD-2 R-PS1 R-PS2 R-PS3 R-PS4 C-PS1 C-PS2 C-PS3 C-PS4 RM-PS1 Single Family Residential Single Family Residential Single Family Residential Single Family Residential Residential Multi-Family, Low Intensity Residential Multi-Family, Medium Intensity Residential Multi-Family, High Intensity Multi-Family. Planned Residential Develooment Commercial, Low Intensity Commercial, Medium Intensity Commercial, High Intensity Convention Center District Golf Course District Government Use Hospital District Industrial, Light Marine Recreational Mixed Use Entertainment Residential/Office Townhome Residential Waterway District Waterway District Residential Medium-Low Density Residential Medium Density Residential Medium-High Density Residential High Density Commercial Limited Mixed Use Commercial General Mixed Use Commercial Intensive Mixed Use Commercial Intensive Phased Bayside Residential Mixed-Use Development SECTION 3. That Subsection 6-2.1, of Zoning Ordinance No. 89- 2665 , entitled "RM-PRD Mul ti Family, Planned Residential Development" is hereby created to read as follows: 6-2.1 RM-PRD MULTI FAMILY. PLANNED RESIDENTIAL DEVELOPMENT. A. Purpose and Uses 1. District Puroose 2. Main Permitted Uses 3. Conditional Uses 4. Accessorv Uses This district is desilffied for new Sine:le Family detached None See Section 6-21. construction of low intensity Dwelline:; Townhomes; Multiole-Family Planned Aoartments. Residential Develooment. B. Development Reeulations 1. Base FAR 2. Max. FAR w/ 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. AVE- Unit 7. Max. Bldlt. Bonus Area Width Size Size Heil!bt (acres) (feet) ll!l:f!:) ~ (feet) .1Q 2.0 10 acres N/A New New 120 ft. Construction - Construction - 750 1000 2 Co Setback ReQuirements 1. Front 2. Side. 3. Side. 4. Rear Interior Oceanfront J!: At grade 20 feet 15 feet 50 feet from 50 feet parking lot on mean high the same lot water line b. Subterranean 20 feet 15 feet 50 feet from 50 feet mean high water line ~ Pedestal 20 feet 1ifu1 50 feet from 50 feet mean high water line .Q, Tower 20 feet 15 feet 50 feet from 50 feet mean high water line D. For purposes of this Section. the setback regulations apply to lots over ten (10) acres that are contiguous to Government Cut and/or the Atlantic Ocean on at least two (2) sides. No variances shall be permitted from this subsection. E. Permitted Uses within the 50 foot oceanfront side and rear setbacks are limited to the following: enclosed structures not utilized for dwelling purposes. shade structures. swimming pools. cabanas. hot tubs. showers. whirlpools. toilet facilities. swimming pool equipment. decks. patios. and court games when said games require no fences. F. For a lot that does not meet the above location requirement. development shall meet the residential setback requirements as prescribed in Section 6-5. SECTION 4. That Subsection 6-5, of Zoning Ordinance No. 89-2665, entitled "Residential Setback Requirements - RM-l,2,3" is hereby amended as follows: 6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-l,2,3 I 1. Front I 2. Side, Interior I 3. Side,Facing a Street I 4. Rear A At Grade 20' 5'. or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -5 parking Lot on whichever is greater. whichever is greater. feet the IilUIlC Lot. Oceanfront Lots - 50 Lou SS ft. wide feet from Bulkhead or 1css: As per Line. Section 6-ZS,B.14.b. B. Subterranean 20' 5', or 5% of Lot Width, 5', or 5% of Lot Width, Non-oceanfront Lots -0 whichever is greater. whichever is greater. feet (0' if Lot Width is 50' Oceanfront Lots - 50 or less) feet from Bulkhead Line. e. Pedestal 20 feet Sum of the Side Yards Sum of the Side Yards Non-oceanfront Lots - shall equal 16% of Lot shall equal 16% of Lot 10% of Lot Depth. Except lots A and 1-30 of the Width. Width. Oceanfront Lots - 20% Amended Plat Indian Beach Min.- 7.5' or 8% of Lot Min.- 7.5' or 8% of Lot of Lot Depth, 50 feet Corporation Subdivision and Width, whichever is Width, whichever is from the Bulkhead Line lots 231-237 of the Amended greater. greater. whichever is greater. Plat of First Ocean Front Subdivision - 50 feet. D. Tower 20' + l' for every l' increase The required Pedestal Sum of the Side Yards Non-oceanfront Lots - in height above 50', to a setback plus .10 of the shall equal 16% of the 15% of Lot Depth. maximum of 50', then shall height of the Tower Lot Width. Oceanfront Lots - 25% remain constant. portion of the building. Min.- 7.5' or 8% of Lot of Lot Depth, 75' The total required Width, whichever is minimum from the Except lots A and 1-30 of the setback shall not to greater. Bulkhead Line Amended Plat Indian Beach exceed 50 feet. whichever is greater. Corporation Subdivision and lots 231-237 of the Amended Plat of First Ocean Front Subdivision - 50 feet. 3 E. Fer plupeses ef this SeetieR, eR lets ever teR (10) aeres that are eORtigeoes te G0'.'erRmeRt Cet aRd/or the '^AtlaRtie OeeaR OR at least twe (2) sides, the freRt setbaek shall be 20 feet; ReR eeeaRfroat aRa iBteriar siee se~baeks shall be 15 feet aRa the rear aRe eeeaRfreRt side setbaeks shall se 50 feet fram the meaR high ,vater liRe. Permitted Uses withiR the 50 feot eeeaRfroRt siee aRd rear setbaeks are limited te the felle.....iRg: 8Relesee StraetereB Ret etilizee fer e''\'elliag parpeses, shaae Streeteres, swimmiag peels, CasaRas, het taBs, shevlers, '.vhirlpoals, toilet faeilities, svlimmiRg peel eqeipmeRt, aeeles, patios, aRe eeart games '.vfieR said games reElaire Re feRees, aRa parkiRg Streeteres; hewe'..er, said Parkiag StrHetHr6s shall Bet se '/isiele from the DHa6. E. .Jj:. In the RM -1, Residential District, the ground floor level of a building when viewed from a street shall be screened or enclosed. The method of screening or enclosure shall be approved under the Design Review process. F. See Subsection 6-2.1 for residential setback requirements in the RM-PRD District. SECTION 5. 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 6. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. November on the 27th day of SECTION 8. November EFFECTIVE DATE. ,1993. This Ordinance shall take PASSED and ADOPTED this 17th day of //JAJlI( MAYO; ~, ATIEST: ~vk~ C~,~ CITY CLERK SWS:scf:disk5\RMIADSf2.93 MHF\Disk#3\RMPRDO.93 1st reading 10/20/93 2nd reading 11/17/93 FORM APPROVED LEGAL DEPT. By ........, ...l c....;:> ~- S\-a.-S Date 4 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) 673-7712 COMMISSION MEMORANDUM NO. i2LL9 3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: Nov. 17, 1993 FROM: Roger M. Ca City Manager SUBJECT: AMENDMENTS TO ZONING ORDINANCB 89-2665 RELATIVE TO THB AMENDMENT OF THB OFFICIAL ZONING DISTRICT MAP OF THB CITY OF MIAMI BBACH AND THB CREATION OF THB RM-PRD ZONING DISTRICT CLASSIFICATION - SECOND READING ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt on second reading, the attached two companion ordinances amending zoning Ordinance 89-2665. BACKGROUND In 1989 the zoning Ordinance Review Committee (ZORC) designated that portion of Fisher Island within the jurisdiction of Miami Beach as RM-1, Residential Multi-Family Low Intensity. The proposed site plan for development on Fisher Island, which was reviewed at the time of this RM-1 designation, has not been amended by the developer. The master plan shows the development of four nine story buildings and' one seven story building which comprise a total of 178 units within the five structures. The parcel is 12.4 acres and the Floor Area Ratio of the development is approximately 1.80 with a density of 14 units per acre. A recent amendment to the RM-1 District classification has created a height limitation of 50 feet for new construction. This height restriction, along certain other development regulations for the RM-1 district, is not compatible with the approved site plan for the subject parcel. The ,proposed ordinance is specifically designed to address development on a large parcel, such as the one on Fisher Island. On August 3, 1993, the Planning Board voted 6-0 to recommend to the City Commission that the proposed ordinances be adopted. On October 20, 1993, the Commission voted 5-0 (2 absences at voting time) to adopt, on first reading, the proposed Ordinance. ANALYSIS The first amendment to the Ordinance amends the Official zoning District Map of the City by the addition of the RM-PRD, Multi Family Planned Residential Development classification and establishes the legal description of the subject property which is to be re-zoned from the RM-l District to the RM-PRD District on Fisher Island. 52 AGENDA n _ -:2 _ r- ITEM~- 1\ I-,_Q~) DATE~L The following summarizes the second proposed amendment to the Ordinance: section 1 - Section 2 - section 3 - section 4 - CONCLUSION Creates a definition for "Planned Residential Development" and requires that a site plan be submitted to the Planning and zoning Director for approval. Includes the RM-PRD District classification in the list of established districts. Creates the District purpose and lists the main permitted uses. This section also establishes the development regulations and the setback requirements. It should be noted that the setback requirements listed in this subsection apply only to the Fisher Island site; if in the future another large parcel of land in the City of Miami Beach were to be assembled, re-zoned to RM-PRD and were to meet all of the other development requirements, the setbacks would follow those of the RM-1, 2,3 Districts. Eliminates the reference to the setback requirements for Fisher Island as listed under RM- 1,2,3, as this is now specified in the RM-PRD District regulations. The proposed amendments to the Zoning Ordinance effectively regulate large planned residential developments of 10 acres or more, such as that being developed on Fisher Island. The Administration recommends that the city Commission adopt on second reading the two companion amending ordinances. DJG\MHF\DI SKI3\CMMPRD.93 53