94-21394 RESO
RESOLUTION NO.
94-21394
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING TO CONSIDER AN ORDINANCE
AMENDING COMPREHENSIVE ZONING ORDINANCE NO.
89-2665 BY REZONING ALL PROPERTIES LOCATED ON
THE WEST SIDE OF COLLINS AVENUE BETWEEN 76TH
AND 79TH STREETS, COLLECTIVELY HAVING THE
LEGAL DESCRIPTION OF LOTS 1-6, BLOCK 21, LOTS
1-6, BLOCK 22, LOTS 1-6, BLOCK 23 OF THE
CORRECTED PLAT OF ALTOS DEL MAR, NUMBER 1
SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE
40 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA, FROM THE CURRENT RM-2, RESIDENTIAL
MULTI FAMILY, MEDIUM INTENSITY ZONING DISTRICT
CLASSIFICATION TO RM-1, RESIDENTIAL MULTI
FAMILY, LOW INTENSITY; AMENDING THE AFFECTED
PORTIONS OF THE CITY'S ZONING DISTRICT MAP TO
CORRESPOND WITH THESE CHANGES; PROVIDING FOR A
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning and Historic Preservation
Services Division has recommended amending Comprehensive Zoning
Ordinance no. 89-2665 by rezoning all properties located on the
west side of Collins Avenue between 76th and 79th Streets,
collectively having the legal description of Lots 1-6, Block 21,
Lots 1-6, Block 22, Lots 1-6, Block 23 of the corrected Plat of
Altos Del Mar, Number 1 Subdivision, as recorded in Plat Book 31,
page 40 of the Public Records of Dade County, Florida, from the
current RM-2, Residential Multi Family, Medium Intensity Zoning
District classification to RM-1, Residential Multi Family, Low
Intensity i amending the affected portions of the City I S Zoning
district map to correspond with these changes; providing for a
repealer and an effective date; and
WHEREAS, on October 25, 1994 the City's Planning Board held a
public hearing to consider the proposed amendments and voted in
favor of recommending adoption of the amendments; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed ordinance must now be considered by the City
Commission at a public hearing.
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 amending Comprehensive Zoning Ordinance no.
89-2665 by rezoning all properties located on the west side of
Collins Avenue between 76th and 79th Streets, collectively having
the legal description of Lots 1-6, Block 21, Lots 1-6, Block 22,
Lots 1-6, Block 23 of the corrected Plat of Altos Del Mar, Number
1 Subdivision, as recorded in Plat Book 31, page 40 of the Public
Records of Dade County, Florida, from the current RM-2, Residential
Multi Family, Medium Intensity Zoning District classification to
RM-1, Residential Multi Family, Low Intensity; amending the
affected portions of the City's Zoning district map to correspond
with these changes; providing for a repealer and an effective date
2
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
December 21
, 1994 beginning at
2:00 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 2nd day oft/
November
, 1994.
ATTEST:
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FORM APPROVED
LEGAL DEPT.
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By
Date 5w5 /0- 2L-~
3
COMMISSION MEMORANDUM NO. ~
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
NOVEMBER 2, 1994
FROM:
Roger M. cartto-(\ .. n 1.--::::
City Manager ~
SETTING OF PUBLIC HEARING -
SUBJECT:
ORDINANCE A: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING MAP OF ZONING
ORDINANCE NO. 89-2665, BY REZONING CERTAIN LOTS ON
THE WEST SIDE OF COLLINS AVENUE BETWEEN 76TH AND
79TH STREETS COLLECTIVELY HAVING THE LEGAL
DESCRIPTION OF LOTS 1-6, BLOCK 21, LOTS 1-6, BLOCK
22 LOTS 1-6 BLOCK 23 OF THE CORRECTED PLAT OF ALTOS
DEL MAR, NUMBER 1 SUBDIVISION, AS RECORDED IN PLAT
BOOK 31, PAGE 40 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA, FROM THE CURRENT RM-2, RESIDENTIAL
MULTI FAMILY , MEDIUM INTENSITY ZONING DISTRICT
CLASSIFICATION TO RM-1, RESIDENTIAL MULTI FAMILY
LOW INTENSITY; AND TO AMEND THE AFFECTED PORTIONS
OF THE CITY I S ZONING DISTRICT MAP TO CORRESPOND
WITH THIS CHANGE, (FILE #1198) .
ORDINANCE B: AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 6, ENTITLED n SCHEDULE OF
DISTRICT REGULATIONS n , AMENDING SUBSECTION 6 - 2,
ENTITLED nRM-1 RESIDENTIAL MULTI FAMILY, LOW
INTENSITyn BY MODIFYING THE FLOOR AREA RATIO, (FAR)
SCALE BY INCREASING FAR FOR CERTAIN LOTS ON THE
WEST SIDE OF COLLINS AVENUE BETWEEN 76TH AND 79TH
STREETS AND HAVING A LOT AREA OF 30,001 SQUARE FEET
OR LESS; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE, (FILE #1198) .
Page 1 of 5
AGENDA ITEM
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DATE
RECOMMENDATION
The Administration recommends the City Commission set the first
reading public hearings for December 21, 1994 regarding the
attached companion ordinances to amend Zoning Ordinance 89-2665.
BACKGROUND
The above two ordinances have been drafted to restrict new
development in a manner which is more compatible with the
surrounding neighborhood, yet ensure that the settlement agreement
reached in the Third District Court of Appeals Case No. 85-1459,
Anna Silvers. etc. v. the City of Miami Beach, is achieved by
allowing a minimum density on any lot or approved combination of
lots, as referenced above, of an effective density equivalent to at
least sixty (60) units per acre.
The Planning Board, at its meeting of October 25, 1994, voted 5-1
(1 abstention) in favor of recommending adoption of these two
ordinances in question. The Board also agreed that the three lots
fronting on the west side of Collins Avenue contained in Block 24
between 75th and 76th Streets, be down- zoned in the immediate
future to RM-1 from their present RM-2 classification.
ANALYSIS
The proposed amendment in Ordinance B would increase the floor area
ratio (FAR) contained in the development regulations for the RM-1
Zoning District to comply with the Third District Court of Appeals
Case No. 85-1459 settlement agreement that authorizes at a minimum
sixty (60) units per acre for single lots or approved combination
of lots as described above. Specifically, the base and maximum FAR
for a lot having an area equal to or less than 15,000 sq. ft., (for
the affected properties between 76th and 79th streets), would be
set at a constant FAR of 1.4 to comply with this agreement. For a
lot area between 15,001 and 30,000 sq. ft., the base FAR is also
changed to the 1.4 number for the same reason. However, the
maximum FAR with bonus is not changed since the existing maximum
FAR of 1.6 would allow at least 60 units per acre. Lots having an
Page 2 of 5
area in excess of 30,001 sq. ft. are not effected by the proposed
amendment in Ordinance B, since these larger parcels could achieve
at least 60 units per acre under the existing development
regulations of the RM-1 District.
Under existing RM-1 development regulations with a maximum FAR with
bonus for this size lot, the maximum number of units is
approximately 11 units, ie, (8,750 sq. ft. (lot area) x 1.25
(maximum FAR with bonus) = 10,937 sq. ft. (maximum total building
floor area) X .85 (less 15% common areas) = 9,296 sq. ft. (maximum
calculated residential living area) / 800 sq. ft. (minimum average
unit size) = 11 residential units, (11.62 rounded down) .
The amendment proposes to increase the maximum and minimum FAR to
1.4 which would allow at least 13 units per single lot or 26 units
per combination of two lots which coincides with the Court
settlement agreement. Mathematically the calculations are as
follows:
8,750 sf.
X 1.4
(area of lot)
(maximum FAR with bonus)
12,250 sf.
(maximum building floor area)
X .85 {less 15% common areas, (hallways, lobbies,
etc. )
= 10,412 sf. (maximum building residential floor area)
\ ~ sf. (minimum average unit size)
13 (mathematical total maximum permitted units)
Table 1, below, displays the FAR calculations in tabular form to
more easily display comparisons between lots of varying size:
Page 3 of 5
Table 1. FAR Calculation Comparisons
Lot Base Max Max Less Min. Max. Effec
Area FAR FAR Bldg 15% For Av. # of tive
(8. F . ) With FAR Common Unit Units # of
Bonus (S. F. ) Areas Size Units
(8.F. ) per
acre
8,750 1.4 1.4 12,250 10,412 800 13 65
17,500 1.4 XXX 24,500 20,825 800 26 65
17,500 XXX 1.6 28,000 23,800 800 29 72
35,000 1.6 XXX 56,000 47,600 800 59 73
35,000 XXX 2.0 70,000 59,500 800 74 92
(A note must be added here to clarify that the above calculations
are mathematical projections and that the actual design and siting
of the building on the lot(s) may effect the actual maximum total
number of units that may be built on the site. For that reason,
the minimum and maximum FAR with bonus has been set at 1.4 for lots
less than 15,001 sq, ft. to ensure that at least 60 units per acre
can be readily achieved.)
The rezoning of the property, Ordinance A above, from RM-2,
(Residential Multi Family Medium Intensity) to RM-1, (Residential
Multi Family Low Intensity), would limit development of those
properties on the west side of Collins Avenue between 76th and 79th
Streets to a scale which would be more compatible with the existing
development in the immediate low-rise residential and commercial
development which currently exists to the north, south and west of
the area. Immediately south of the subject properties on the west
side of Collins Avenue is the three lot Block #24, which contains
low-rise residential multi-family buildings facing Collins Avenue.
This Block 24 is immediately north of the commercial area between
73rd and 75th Streets which is comprised of an existing development
pattern of typically low-rise commercial storefronts and businesses
fronting on both sides of Collins Avenue.
Page 4 of 5
As the Board is aware, the RM-l zoning District maintains a fifty
(50) ft. height restriction, (except in the Architectural District
where the maximum permitted height is forty (40) feet), to maintain
the low-rise development pattern within these districts.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission proceed to set a first reading public hearing on
December 21, 1994, regarding this Ordinance to amend Zoning
Ordinance 89-2665.
DJG\MHF\DISK#9\1198CM.94
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