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93-2854 Ordinance ORDINANCE NO. 93-2854 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE ZONING DISTRICTS AND ZONING DISTRICT MAP OF COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY DESIGNATING ALL PRIVATELY OWNED LAND ON THE NORTH SIDE OF BELLE ISLE, DESCRIBED AS: LOTS 1-12 OF BELLE ISLE VILLAS AS RECORDED IN PLAT BOOK 42, PAGE 92 OF THE DADE COUNTY PUBLIC RECORDS (ALL LOTS ON CENTURY LANE): LOTS 1-14 OF BELLE ISLE VILLAS 2ND SECTION AS RECORDED IN PLAT BOOK 42, PAGE 100 OF THE DADE COUNTY PUBLIC RECORDS (ALL LOTS ON FARREY LANE): LOTS 36, 39-42, 45 & 46 OF BELLE ISLE AS RECORDED IN PLAT BOOK 5, PAGE 11 OF THE DADE COUNTY PUBLIC RECORDS (36,41 N.ISLAND AVE. AND 31 VENETIAN WAY), AND LARKMI SUBDIVISION AS RECORDED IN PLAT BOOK 41, PAGE 68 OF THE DADE COUNTY PUBLIC RECORDS (29-35 N. ISLAND AVE.), FROM RM-2, RESIDENTIAL MULTI:" FAMILY, MEDIUM INTENSITY TO RM-l, RESIDENTIAL" MULTI-FAMILY, LOW INTENSITY: PROVIDING FOR A REPEALER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city's Planning, Design and Historic Preservation Division has recommended that the city's comprehensive Zoning Ordinance No. 89-2665 be amended by rezoning certain properties located on the north side of Belle Isle and more particularly described as: Lots 1-12 of Belle Isle Villas as recorded in Plat Book 42, page 92 of the Dade county Public Records (all lots on century Lane); Lots 1-14 of Belle Isle Villas 2nd section as recorded in Plat Book 42, page 100 of the Dade county Public Records (all lots on Farrey Lane); Lots 36, 39-42, 45 & 46 of Belle Isle as recorded in Plat Book 5, page 11 of the Dade county Public Records (36,41 N.Island Ave. and 31 Venetian Way), and Larkmi Subdivision as recorded in Plat Book 41, page 68 of the Dade county Public Records (29-35 N.Island Ave.), from the current zoning district classification of RM-2, Residential Multi-Family, Medium Intensity District to RM-l, Residential Multi-Family, Low Intensity District, and that the city's Zoning District Map be amended in accordance with these changes; and WHEREAS, on March 30, 1993 the city's Planning Board held a public hearing and considered the aforesaid proposed amendment and voted 4-2 in favor of said amendment; and 1 WHEREAS, the city commission believes that a reduction in permitted residential density will improve the quality of life for residents of the city of Miami Beach; and WHEREAS, said reduction in residential density will lessen the potential future demand on utility infrastructure, recreation facilities, roads and municipal services provided by the city of Miami Beach; and WHEREAS, the proposed rezoning will insure that future development on the north side of Belle Isle is in keeping with the present as-built environment of that residential area. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENT TO ZONING DISTRICTS AND MAP OF COMPREHENSIVE ZONING ORDINANCE. That the Mayor and city commission hereby amends the zoning Districts and Zoning District Map of city of Miami Beach comprehensive zoning Ordinance No. 89-2665 by changing the zoning district classification of certain properties located on Belle Isle and more particularly described as: Lots 1-12 of Belle Isle Villas as recorded in Plat Book 42, page 92 of the Dade county Public Records (all lots on century Lane); Lots 1- 14 of Belle Isle villas 2nd section as recorded in Plat Book 42, page 100 of the Dade county Public Records (all lots on Farrey Lane); Lots 36, 39-42, 45 & 46 of Belle Isle as recorded in Plat Book 5, page 11 of the Dade county Public Records (36,41 N.Island Ave. and 31 Venetian way), and Larkmi Subdivision as recorded in Plat Book 41, page 68 of the Dade county Public Records (29-35 N.Island Ave.), from the current RM-2, Residential Multi-Family, Medium Intensity Zoning District classification to RM-l, Residential Multi-Family, Low Intensity zoning District. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith 2 be and the same are hereby repealed. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect on the 26th day of June , 1993, provided, however, that this Ordinance shall not affect any valid building permit outstanding at the time of adoption. PASSED and ADOPTED this 16th day of June , 1993. ATTEST: '1G.~~~. ~ CITY CLERK 1st reading 6/2/93 2nd reading 6/16/93 sWS:scf:\disk1\sunhar5.ord FORM APPROVED LEGAL DEPT. - By J (.,'\) Date ~ - J 2..-t:{3> 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. 30CJ -~ 3 TO: Mayor Seymour Gelber and Members of the City Commission DATE: JUNE 16, 1993 FROM: Roger M. Carlt-J) I . I D J - City Manager ~ SUBJECT: AMENDMENT TO THE MAP OF ZONING ORDINANCE 89-2665 BY RE- ZONING THE NORTH SIDE OF BELLE ISLE FROM THE CURRENT RM-2, MUL TI-F AMIL Y MEDIUM INTENSITY DISTRICT CLASSIFICATION, TO RM-I, MUL TI-F AMIL Y LOW INTENSITY DISTRICT CLASSIFICATION - SECOND READING ADMINISTRA TION RECOMMENDATION The Administration recommends that the City Commission adopt, upon second reading, the proposed amendment to the Map of the Zoning Ordinance, to change the current zoning classification on the north side of Belle Isle from RM-2 to RM-1. BACKGROUND The Request The Administration is requesting consideration of an amendment to the Official Zoning District Map of Zoning Ordinance 89-266S by re-zoning all privately owned properties on the north side of Belle Isle (north of Venetian Way) from the current RM-2 (Multiple Family, Medium Intensity District) classification to RM-l (Multiple Family, Low Intensity District). ProfessloDal PlaDDIDI CODsultaDt RecolDlDeDdatloDS The City has entered into an agreement with Robert K. Swarthout, Inc., a professional planning consultant, to evaluate and update the City of Miami Beach Comprehensive Plan, which was re-adopted by the City Commission on September 16, 1992 (Ord. 92-2804). It is anticipated that the updated Comprehensive Plan will be considered for adoption later this year. The first phase of the consultant's contract entailed the preparation of a -Community Visions Goal, Objective and Policy Options Report-. This report has previously been presented to the Planning Board and City Commission. During the course of the consultant's study, a field survey of Miami Beach was conducted. Selected sites inside and outside of Miami Beach were studied. Relevant professional literature was reviewed. The Visions report also discusses the public purpose basis for down-planning and reductions in residential densities and intensities. The public purposes include the following: to reduce the amount of future traffic, to facilitate hurricane evacuation, to conform with Rule 9J-5, F AC hurricane hazard area mandates, to encourage residential reinvestment in Miami Beach, to spread residential reinvestments over a broad area, to ensure development of an increased access to light, air and views, and to attract more middle and upper income families with children. As part of the Visions report, the consultant provided maps showing areas of potential down- planning which would be further evaluated during the reformulation of the City's C.omprehensive Plan. It is important to look at the Belle Isle site in the context of an overalllS vIew toward down-planning and down-zoning in the City. AGI~~~~R - 3 *; DATE 1o-11o-03 The highest intensity proposed by Mr. Swarthout as a rational approach to down-planning in a Citywide context shows a maximum FAR of 1.0 for both the north and a portion of the south sides of Belle Isle. Although the consultant's recommended options for down-zoning are somewhat more restrictive than those recommended by staff later in this report, we believe they are generally consistent in providing an approach to limiting the scale and size of future residential development in this area. ZoninK History The following table illustrates the different zoning classifications on Belle Isle from 1930 to the present. It is interesting to note that the south side of Belle Isle was originally zoned single family and that the north side has always been zoned for multi-family buildings. From 19S I on, the zoning has been identical on both sides of the island. Zoning OrdiNnCe Selle Isle Zonina District Classification Date . South Side North Side 1930 RC RE 1951 RE RE 1971 RM-1oo RM-100 1989 "'-2 IM-2 * Note: Explanation ad District Classificationa RC: Single F..ily Estat.. RE: Multiple F..fly .rt.."u end Motel Units "'-100: R..i~tial Multi-F..ily. 100 units per acre. FAR 3.0 "'-2: MultiDle F..flY. Medii.. Int....ity. .... FAR 1.25-2.5. FAR with txn. 1.75-3.0 Zonlnl Ordinance Review Committee (ZORC), Plannlnl Board and City Commission Actions The following briefly summarizes actions by the City related to the 1989 Comprehensive Plan designation of the properties in question: August 29, 1988 ZORC approves a motion to recommend that the north side of Belle Isle be designated TH, Townhome Residential (the south side to RM-2, Multi- Family, Medium Intensity). July 6, 1989 Planning Board approves a motion to amend the proposed future land use map on the north side of Belle Isle from TH, Townhome to RM-2 Multi- Family, Medium Intensity. September 21,1989 City Commission adopts the Comprehensive Plan and the Zoning Ordinance (Ordinance 89-2665) with the designation of the north side of Belle Isle as RM- 2. December 12, 1991 City Commission approves a motion directing the Planning Board to study, among other matters, the down-zoning of Belle Isle, to either RM- I, Multi-Family, Low Intensity or TH, Townhome Residential. March 24, 1992 Planning Board considered down-zoning of Belle Isle; voted 3 to 2 to consider TH - motion failed. There was no vote on the RM-l alternative. April 24, 1992 City Commission sets a public hearing to consider the down zoning of Belle Isle. They also directed the Administration to proceed with Planning Board hearings on the land use amendment to the Comprehensive Plan. May 26, 1992 Planning Board holds hearing on amendment to the Future Land Use Map of the Comprehensive Plan and votes 4-3 to recommend changing the north side of Belle Isle from its present RM-2 classification to RM-1. (Planning staff recommends TH). May 29, 1992 City Attorney makes determination to have Planning Board re-hold its hearings on amending the Zoning Ordinance Map and the Future Land Use Map of the Comprehensive Plan in response to legal questions raised relative to application and advertising requirements and procedures; Commission will be advised to defer its hearings until the Planning Board re-hears matter. 19 2 June 2, 1992 August 7, 1992 October 20, 1992 December 9, 1992 March 30, 1993 June 2, 1993 New applications prepared and signed regarding amendments to the Comprehensive Plan Future Land Use Map and Zoning Ordinance Map on the north side of Belle Isle. Meeting with planning consultant Robert Swarthout; determination made to prepare new applications for the above referenced amendments by including tracts "C", "W" and "E" on the south side of Belle Isle with all of the properties previously named on the north. Planning Board holds public hearings on proposed amendments to Zoning Ordinance and Comprehensive Plan relating to north side and tracts "C", "W" and "E" on the south side of Belle Isle. On a vote to recommend changing the future land use category and zoning to TH, the motion failed 3-2. There was no motion to vote on the RM-l alternative. City Commission holds public hearing on down-zoning and future land use map change for Belle Isle. Commission refers matter back to the staff and Planning Board for further study and consideration; asked to limit change to the north side of Belle Isle only. Also, to consider a height limitation for the RM-l district and as an alternative, creation of a new low-rise garden apartment residential district. Planning Board holds a public hearing on proposed zoning amendment and votes 4-2 in favor of recommending an RM-l designation for the north side of Belle Isle. In a separate hearing, it votes 5-1 in favor of recommending a height limit of 50' for all RM-l designated properties outside of the Architectural District. City Commission holds first reading public hearing and votes 7-0 to approve ordinance which amends the designation of the north side of Belle Isle to RM-l. At a prior first reading hearing, it also votes to approve an amendment to limit the height of new buildings to 50' in the RM-l District, citywide, outside of the Architectural District. Land Use Description Site 1 - The following descriptions refer to the attached map: Site 2 - Site 3 - Site 4 - Site 5 - Site 6 - Generally referred to as the Stortford property, this parcel of land is approximately 3.5 acres. There is a complex of apartment buildings on this property, all approximately three stories high with 120 units total. Legal description: LarkmiSubdivision as recorded in Plat Book 41, page 68 of the Dade County records. (29-35 N. Island Ave.). This 0.60 acre parcel of land, owned by the Edelstein family, is the site of a five story, 42 unit apartment building. Legal description: Lots 36 of Belle Isle as recorded in Plat Book 5, page 11 of the Dade County records. (36 N. Island Ave.), This site is 2.21 acres in size and is the locale for the Lido Spa, a two story apartment hotel with 106 units. Legal description: Lots 39-42 of Belle Isle as recorded in Plat Book 5, page II of the Dade County records. (41 N. Island Ave.). This vacant parcel of land, referred to as the Cellazet site, is approximately 0.95 acres and includes the westerly half of Century Lane. Legal description: Lots 45 &46 of Belle Isle as recorded in Plat Book 5, page II of the Dade County records (46 Island Ave.); lots 1-5 of Belle Isle Villas as recorded in Plat Book 42, page 92 of the Dade county records. (west lots on Century Lane). This site includes seven individually owned single family homes on Century Lane. Legal description: Lots 6-12 of Belle Isle Villas as recorded in Plat Book 42, page 92 of the Dade county records. This site includes fourteen individually owned single family homes on Farrey Lane. Legal description: Lots 1-14 of Belle Isle Villas 2nd Section as recorded in Plat Book 42, page 100 of the Dade county records. 30 3 Review Criteria for Petition for Chanses and Amendments Section 14-2,E of the Zoning Ordinance states that in reviewing a request for an amendment, the Planning Board shall consider the following when applicable. It should be noted that these criteria are also generally applicable to future land use amendments. l. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; The State Department of Community Affairs has issued an opinion that the down-zoning of a property from one multi-family zoning classification to another is consistent with the Comprehensive Plan and does not require a plan amendment; staff concurs with this opinion. Nonetheless, any approved down- zoning will be incorporated as a change to the Future Land Use Map in the pending amendments to the Comprehensive Plan. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; The area in question proposed to be changed encompasses nearly ten (10) acres. As such, the district would not be isolated and an RM-l district designation would serve as a transitional zone between the single family zoned Venetian Islands to the west and the more intense multi-family and commercial districts of Miami Beach to the east. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; The proposed change is in keeping and in scale with the type of low-density development that the City is seeking to encourage. As mentioned previously, the down-zoning would preserve the area as a lower density residential transition zone. It is also generally consistent with the intent of planning consultant's proposed options to lower the density of development on this site. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; There is no evidence that any down-zoning of this property would be a detriment on public facilities and infrastructure. s. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Although the north side of Belle Isle has been zoned since 1930 for multiple family development, its historical development pattern has been single family and low-rise apartments and hotels. It would be appropriate, therefore, to maintain the low-rise character of this area with a reduction in intensity to RM- l. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Sub-Section 14-6 of Zoning Ordinance 89-2665 confers upon the Planning Board the duty to continuously review the provisions of said ordinance and to offer recommended changes if deemed appropriate to accomplish the' development goals of the City. Since low-density development is a goal of the City Commission, a down-zoning to encourage and achieve that goal would be both appropriate and necessary. As has been noted by the planning consultant, a reduction in intensity of residential development in Miami Beach is strongly desired by the interviewed community leaders and serves several important public purposes. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; The proposed change would not have an adverse effect on the living conditions of the neighborhood; indeed, it should encourage development that will have less of an impact to existing neighborhood conditions. 4 =>1 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Levels of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Any reduction in intensities of the sites would help insure conformance with the LOS established for the area. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed change, to RM-I, could improve light and air circulation to the adjoining areas. 10. Whether the proposed change will adversely affect property values in the adjacent area; The resulting site development from a change in land use designation or zoning should not have an adverse effect on surrounding districts. II. Whether the proposed change will be a deterrent to the Improvement or development of adjacent property in accordance with existing regulations; The proposed change should not be a deterrent to the adjacent properties on the south side of Belle Isle to be developed or improved in accordance with existing regulations. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Implied by this review criteria is the analysis of an increase in intensity; since this request involves down-zoning, this criteria is not applicable. 13. Whether it is impossible to find other adequate sites in the City for the proposed use in a district already permitting such use. This review criteria is not applicable as it r:~lates to the request before the Planning Board. Flndlnll One of the original objectives of the Zoning Ordinance Review Committee (ZORC) was to identify potential areas in the City which Town home development should be encouraged. The north side of Belle Isle was identified by the Committee because of the existing physical conditions and potential for development and redevelopment. However, the Planning Board and City Commission ultimately classified the area as RM-2 which corresponded to the existing RM-IOO zonin. and land use classification in the 1980 Comprehensive Plan. Townhomes are still viewed by the Administration, as well as the Planning, Design and Historic Preservation Division staff, as an attractive housing type alternative for the City of Miami Beach and the north side of Belle Isle. Town home development would certainly have the least impact on the Islands in terms of visual impact. Notwithstanding this position, we have also concluded that beyond the issue of density what may be even more critical here relates to the height of new structures and the affect that unlimited potential height may have on the character of the existing built environment. Toward this end, a down-zoning of the north side of Belle Isle to RM-I, along with the imposition of a height limitation of SO feet could accomplish the desired effect of low-density, low-rise development. Clearly, this request is IUU. one of determining what is the highest and best use in terms of development intensity on the north side of Belle Isle. Rather, it is one of determining what type of development is desired to meet a perceived need in terms of scale and the general preference of the community as a whole. If we are -to assume that the City is adhering to a policy of encouraging low-density reside~ltial development, then we must conclude that the north side of Belle Isle shown on the attached map is most desirable as an area for such development. Legal counsel representing the owners of the Lido Spa, Edelstein, and Stortford properties have continued to voice their concerns relative to this proposed re-zoning, not only in terms of reducing the overall permissible density, but that these properties are also subject to the Dade County Shoreline Review Ordinance. They have argued that the shoreline review guidelines would further limit the footprint of any new development, including a 50' setback from the seawall line and the provision of view corridors through a site. While these guidelines do call for certain development restrictions in order to mitigate the visual impact of new waterfront development, the developer of a property has the right to seek a waiver of some or all of these S 32 guidelines from the Shoreline Review Committee; such waivers have been granted previously and each project is reviewed on its own merits. Notwithstanding this right of waiver, staff believes that in most instances, a developer could substantially adhere to the shoreline review guidelines and also achieve the maximum density permitted by the F.A.R. (Floor Area Ratio) regulations of the Zoning Ordinance. While staff remains confident that the present RM-2 land use classification in this area does not contravene any goals or objectives of the City's Comprehensive Plan or the Florida Comprehensive Planning and Land Development Regulation Act, it is recognized that the permitted density and development regulations of this district do not encourage the type of low-rise, residential development being sought. The Administration and staff also recognizes that there is a significant public purpose in pursuing efforts to reduce residential densities and intensities, where appropriate, in a densely developed urban community. CONCLUSION The Planning Board, at it meeting of March 30, 1993 voted 4-2 to recommend that the subject area be re-zoned to the RM-I, Multiple Family, Low Intensity district category on the City's Official Zoning District Map. In a separate vote, the Board voted in favor to recommend approval of a proposed amendment to the Zoning Ordinance which would limit new development in the RM-l District (outside of the Architectural District) to a height of fifty feet. We concur with the Board on both of these recommendations. The Administration believes that the City Commission should proceed to adopt this amending ordinance, upon second reading. DJG:JGG:gf Attachment a2: \pb\cIownz0n3 .93 6 33