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94-21395 RESO RESOLUTION NO. 94-21395 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, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY" BY MODIFYING THE FLOOR AREA RATIO, (FAR) SCALE FOR ALL PROPERTIES LOCATED 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. WHEREAS, the Planning, Zoning and Historic Preservation Services Division has recommended amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 6, entitled "Schedule of District Regulations", amending Subsection 6 -2, entitled "RM-1 Residential Multi Family, Low Intensity" by modifying the Floor Area Ratio, (FAR) scale for all properties located 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; 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 the 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, amending Section 6, entitled "Schedule of District Regulations", amending Subsection 6-2, entitled "RM-1 Residential Multi Family, Low Intensity" by modifying the Floor Area Ratio, (FAR) scale for all properties located 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 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 Hearing in 2 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 of ATTEST: ;'l .f !1b!-A~ ~ CITY CLERK ,/ SWS:scf:6.Odisk7\amend6.res 3 ')November C)l - /Y!eJ. .-~ /'/ / /[ ~MAYOR FORM APPROVED LegalDept. By ::Jc3) Date //9 - ;). ,- ') " I 1994. CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 CITY OF MIAMI BEACH COMMISSION MEMORANDUM NO. Rid -94 TO: Mayor Seymour Gelber and Members ofthe City Commission Roger M. carlto-(\. .. n I ~ City Manager ~ DATE: NOVEMBER 2, 1994 FROM: SUBJECT: SETTING OF PUBLIC HEARING - 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 "SCHEDULE OF DISTRICT REGULATIONS ", AMENDING SUBSECTION 6 - 2, ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY" 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 R-7- r< u- 2 - q ~ 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-l District. Under existing RM-l 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. ) (maximum building residential floor area) 10,412 sf. \ 800 sf. (minimum average unit size) 13 (mathematical total maximum permitted units) Table I, 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 (S. 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-1 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 Page 5 of 5