Loading...
93-2853 Ordinance ORDINANCE NO. 93-2853 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-l, RESIDENTIAL MULTI-FAMILY, LOW INTENSITY" BY ADDING A 50' HEIGHT RESTRIcTION FOR NEW CONSTRUCTION OR ADDITIONS FOR THOSE AREAS IN THE RM-l DISTRICT WHICH DO NOT ALREADY HAVE A HEIGHT RESTRICTION; 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-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 (50) foot height restriction for new construction or additions for those areas in the RM-1 District which do not already have a height restriction; 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, this amendment is necessary to carry out the purpose of the RM-1 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. NOW, THEREFOR, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Underlined words = new language Stril((~ Ell:lt = deleted language SECTION 1. That Subsection 6-2 of Zoning Ordinance No. 89-2665, entitled "RM-1 Residential Multi Family, Low Intensity" is hereby amended as follows: 6-2 RM-1 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 1. Base FAR Architectural District - .75 Architectural District -1.1 Architectural District -1.1 otherwise - 1.0 othelwise - 1.25 otherwise - 1.6 2. Maximum FAR with bonus 1.25 1.6 Architectural District -1.6 (See Sec. 6-24). othclwisc - 2.0 1 3. Min. Lot Area 4. Min. Lot Width 5. Min. Unit Size 6. Avg. Unit Size 7. Max. Bldg. Height (sq. ft.) (feet) (sq.f1.) (sq. f1.) (feet) 5,600 50 New Construction - New Construction - 800 Architectural 550 District - 40 Rehabilitated Rehabilitated Buildings - 550 otherwise ~ ..1Q. Buildings - 400 SECTION 2. 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 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. June EFFECTIVE DATE. This Ordinance shall take effect on the 26th ,1993. day of PASSED and ADOPTED this 16th day of June ATTEST: ~, . I J C" Q ..~ _ .l\.A~ ~ ~-,...- CITY CLERK 1st reading 6/2/93 2nd reading 6/16/93 DJG/JGG 'It FORM APPROVED LEGAL DEPART~nENT BY: :S( ~ n}~Tt:~. ~ - 2- .~ ~_._ '11;' a:2\ORDHGT.93 ....i;;; 2 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. 302...c)_3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: JUNE 16, 1993 FROM: SUBJECT: AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO IMPOSING A MAXIMUM BUILDING HEIGHT RESTRICTION OF 50' IN THE AREAS ZONED RM-l, RESIDENTIAL MUL TI-F AMIL Y LOW INTENSITY DISTRICT, OUTSIDE OF THE ARCHITECTURAL DISTRICT - SECOND READING ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt, upon second reading, the proposed amendment to Zoning Ordinance 89-2665, which would impose a height limit of SO' on all parcels in the City that are zoned RM-I, Residential Multi-Family Low Intensity District, outside of the Architectural District, which already has a height limitation. BACKGROUND The Request The City Administration is presently requesting consideration of an amendment to the Zoning Ordinance which would place a height restriction of SO' on all properties located in the RM-I District, outside the Architectural District. There is already a height limit of 40' within the Architectural District for RM-I 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-I 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-I, 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-I, RM-2 and RM-3 Districts which are 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. '~8 DATE R-3-E==- b-l fo~ 9.3 AGENDA ITEM The City Commission, at its meeting of December 9, 1992, requested that the Planning Board and staff study and make a recommendation on Iimitinl the height of buildinlS in the RM-I 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 S-l in favor of recommending approval of the proposed amendment to impose a heilht limit of SO' in the RM-I District citywide, with the exception of the Architectural District which already has a height limitation of 40'. 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-l amendment. The City Commission, at its meetinl of June 2,1993, approved on first readinl by a vote of 7-0, the proposed amendment to impose a 50' height limit. 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 A venues, has an existing height restriction of 40 feet. All other areas in the City which are zoned RM-I have an unlimited heilht restriction. The RM-I 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-I site. Ironically, the present District Purpose in the Zoning Ordinance (Section 6-2A.I) state'! that "This district is designed for low intensity, low-rise, single and multiple family residences.. By imposing a height limitation in the RM-I District throughout the City (in addition to the Architectural District), the following would be accomplished: a) New development would be in keeping with the as-built character of areas now zoned RM-I outside of the Architectural District. Of the 450 buildings in the RM-I District outside the Architectural District, only 21 buildings (4.7%) are 5 stories in height or higher. b) The RM-I District, as a low-intensity zone, generally abuts single family zoned areas. If the RM-I 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-one (21) existinl buildings that are five (5) stories or higher in the RM-I District, sixteen (16) are already non-conforminl in terms of Floor Area Ration (FAR). All twenty-one (21) buildin.s are also non-conforminl with regard to at least one of the provisions of the Ordinance. Therefore, the creation of a heiaht limit will W. cause any conforminl buildina to become non-conforming. CONCLUSION The Planninl Board, as previously stated, voted 5-1 to recommend approval of this proposed amendment to Zoning Ordinance 89-2665. By imposing a height limitation in the RM-I District, the Administration has concluded that the City of Miami Beach would finally have a low-rise multi-family zoninl classification that is in keepina with the district's purpose. Accordingly, we concur with the recommendation of the Planninl Board. Based on the foregoing, the Administration believes that the City Commission should proceed to adopt this amending ordinance, upon second reading. DJG:JGG:gf attachment a:2\PB\maxbldIS.~ 2 'l9