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OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. 51949
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DATE: ,$EPT_ 21 , 19R9
TO: Mayor Alex Daoud . •
Members of t ity Commiss'•
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FROM: Rob W. Par 'rls
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`/�Cit Manager
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SUBJECT: . PROPOSED ZONI G ORDINANCE: ZONING ORDINANCE REVIEW
COMMITTEE AND PLANNING BOARD RECOMMENDATION
The Proposed Zoning Ordinance (July 26, 1989 draft) includes the
ZORC and Planning Board recommendations. The Planning Board
recommendations are indicated as shaded words for new language
while struck through words are recommended to be deleted.
Attachments 1, 5-7 and 9-10 include the amendments that were
approved by the City Commission at First Reading on September 7,
1989.
ZONING ORDINANCE REVIEW COMMITTEE
On January 21, 1988, the City Commission organized and appointed
members to the Zoning Ordinance Review Committee. The purpose of
this Committee was to evaluate the current Zoning Ordinance and,
if appropriate, prepare a new Ordinance that would direct the
future development of the City. In order to accomplish this task,
the Committee created five subcommittees. These subcommittees and
their functions are outlined below.
1. Administrative Subcommittee - This Subcommittee reviewed
the Boards which affect planning (Board of Adjustment,
Planning Board, Design Review Board and Historic
Preservation Board) . The Subcommittee developed a more
efficient organization of the Boards and a review process
that expedited the issuance of Building Permits. Members
of the Subcommittee included Lester Goldstein as
Chairman, Harold Rosen, Ira Elegant, Ron Molko and Joseph
Fleming.
2 . Development Subcommittee - This Subcommittee prepared r
alternative conceptual approaches for the development of
land. The Subcommittee developed the concept of a Floor
Area Ratio based Ordinance, a generic listing of
permitted and accessory uses, and alternative parking
solutions. Members of the Subcommittee included Lucia
Dougherty and John Forte as Co-Chairmen, Denis Russ and
Saul Gross.
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SEP 21 1989
CITY OF MIAMI BEACH 16
1 AGENDA
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3 . Architectural Subcommittee - This Subcommittee prepared
regulations pertaining to Floor Area Ratio, parking,
setbacks, and permitted and accessory use regulations.
Members of the Subcommittee included Ron Molko as
Chairman, John Hinson and John Forte. The Subcommittee
was assisted by architects Robert Chisolm, Stuart Cohen,
Mark Frankel, Randy Sender and Jaime Shapiro who,
although not members of ZORC, generously volunteered
their time.
4. Hospital Subcommittee - This Subcommittee prepared the
Hospital District Regulations. Members included Lester
Goldstein as Chairman, Denis Russ, Saul Gross and Ron
Molko.
5. Legal Subcommittee - This Subcommittee reviewed questions
pertaining to legal issues. Members included Lester
Goldstein as Chairman, Ira Elegant, Harold Rosen and
Joseph Fleming.
6. Ordinance Adoption Review Committee - The purpose of this
Subcommittee was to monitor the adoption review process
and to attend the meetings of the Planning Board and City
Commission for purposes of explaining the Ordinance and
advocating its adoption. Members included Lester
Goldstein, John Forte, John Hinson, Denis Russ and Joseph
Fleming.
To date, there have been 19 meetings of the full Committee and 68
Subcommittee meetings.
On June 1, 1989, the Zoning Ordinance Review Committee (ZORC) held
a public hearing for the purpose of soliciting input from the
public pertaining to the Proposed Zoning Ordinance and Official
Zoning Map. Following the public hearing, ZORC recommended that
the City Commission forward the Ordinance and Map for approval by
the Planning Board. On June 7, 1989 the City Commission forwarded
the Ordinance to the Planning Board for purposes of initiating the
legislative process.
On August 25 and 31, 1989, ZORC reviewed a list of recommended
changes prepared by the Planning Department. The Administration
recommendation pertaining to those items where the Planning Board
and ZORC had different recommendations are listed in Attachment 1.
Attachments 1, 5-7 and 9-10 includes the Commission decision on
those items that were considered at First Reading on September 7,
1989.
Museum District Area - During the past 20 months, ZORC had a number
of discussions pertaining to the proposed zoning for the Museum
District Area, Dade Boulevard to 17th Street, east side of Collins
Avenue to Washington Avenue. The Planning and Zoning Department
prepared a number of recommendations pertaining to alternative
zoning proposals in this area. At the August 31, 1989 meeting of
ZORC, the Department presented a proposal (Attachment 2) which
would allow hotels within 200 ft. of Washington Avenue to have an
unlimited height with a maximum FAR of 3 . 5 and hotels on the east
side of Collins Avenue with no height limit and FAR of 1.25 to 6. 0.
The interior of the Museum District would be developed as a
hotel/apartment mixed entertainment district with a maximum FAR of
3 .5 and a height limit of 50 ft. The concept includes Convention
Center Hotels on Washington Avenue and the east side of Collins
Avenue. The interior would be developed as a hotel village
characterized by Mixed Use and tourist related activities that
would provide entertainment opportunities for the hotels on
Washington Avenue and on the east side of Collins.
NATIONAL REGISTER DISTRICT - The District (Attachment 3) was
established by the Federal Government in 1979 for the purpose of
providing tax incentives to those property ow w;,. ovate
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SEP 21 1989
CITY Of MIAMI BEACH
their buildings according to the U.S. Secretary of The Interior
Standards. The Planning Department and ZORC recommended that the
City Commission nominate the entire area as a local Historic
District with the exception of properties east of Collins Avenue
to 16th Street and properties with a lot line on Lincoln Road. The
Museum District neighborhood would either be designated as a
historic district or as a collection of local historic sites.
This determination (District or Sites) would be based on a site by
site analysis conducted by the Planning Department. Further, a
public hearing be scheduled before the Historic Preservation Board
in November, the Planning Board in December, and City Commission
in January and February. As set forth in the Zoning Ordinance, all
property owners will be notified of each of the four public
hearings.
On August 30, 1989, The Museum District Steering Committee reviewed
and recommended 8-2 that the Planning Department's proposed zoning
be approved.
On August 31, 1989, ZORC recommended approval of the Planning
Department's proposal. On September 7, 1989 the Planning Board
will be reviewing the Planning and Zoning Department's proposal and
their recommendation will be submitted to the City Commission at
a September 7, 1989 meeting.
PLANNING BOARD ACTION
As part of the legislative and review process, the Planning Board
scheduled three public workshops on June 12, 19 and 27, 1989.
During the workshops, the Board discussed a number of technical
changes to the Ordinance recommended by ZORC. This Ordinance
included the Planning Board and the Zoning Ordinance Review
Committee recommendations. It was delivered to the Commission on
July 21, 1989 and copies were available in the City Clerk's office
and the Planning and Zoning Department. The Zoning Ordinance
Review Committee reviewed the Planning Board recommendations in
late August.
On July 6, 1989 the Planning Board held a public hearing.
Following the hearing, the Board recommended (5-2) that the City
Commission approve the Ordinance as amended by the Planning Board.
The two members in opposition to the Ordinance were Neisen Kasdin
and Joy Alschuler. They recommended against the Ordinance for the
following reasons:
1. It does not encourage the preservation of historic
buildings which are not in locally designated historic
districts. The Ordinance does not extend to locally
designated districts properties such as the Museum
District or all of the Architectural District. The
Ordinance allows the introduction of commercial uses into
historic buildings without providing for a way to stop
the demolition of other historic buildings (Museum
District proposed zoning to MXE Mixed Use Entertainment
District) .
2. It allows for too much development without adequate
safeguards for setbacks and open space.
3 . It fails to insure a balance between properties that were
up zoned without down zoning of other properties.
4. The Floor Area Ratio regulations in the CD-3 and RM-3
Districts will allow for excessive development; and,
5. Issues relating to potential uses and preservation of
open space on the Par 3 Golf Course requires further
study prior to designating the property as a Townhome
District should the Commission declare this property as
surplus. f
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SEP 21 1989
CITY OF MIAMI BEAN
On July 25, 1989 the Board approved (5-2) a proposal relating to
the transfer of floor area from one parcel to another.
On September 7, 1989 the Planning Board reviewed the proposal of
the Planning and Zoning Department for the area known as the Museum
District. Results of the Planning Board's deliberations will be
provided to the Commission during their public hearing on September
7, 1989.
GENERAL SUMMARY OF THE ORDINANCE
The attached outline summarizes the proposed Ordinance. The
highlights are listed below (Attachment 1, 5-7 and 9-10) were
approved by the City Commission on First Reading which was held on
September 7, 1989) :
1. The Ordinance provides for zoning districts which are
primarily differentiated from one another by the base and
maximum Floor Area Ratio (FAR) . Increases above the base
FAR are achieved through lot assemblage and design
amenities. The high intensity districts (RM-3 and CD-3)
provide for an additional bonus pertaining to the average
apartment unit size.
2. There are specific regulations that apply to hotel
development. These are designed to encourage hotel
construction and the substantial rehabilitation of
existing buildings. Unit sizes have been reduced from
400 sq. ft. to 335 sq. ft. Also, in order to respond to
current market trends, suite hotels (kitchens) are
allowed based upon certain performance criteria.
3 . There are minimum and average apartment unit sizes. For
rehabilitation projects, 400 sq. ft. is the minimum size
with an average of 550 sq. ft. For new construction, the
minimum size is 550 sq. ft. with an average size of 800
sq. ft. The purpose of this regulation is to provide for
an inventory of units that meet the City's objectives of
providing a broader mix of available units to meet market
demands.
4. Land Uses are divided into Permitted, Conditional and
Accessory Uses. The permitted used are listed in a
generic manner (i.e. apartment, hotel, retail, office) .
Accessory Uses are allowed on a basis on what is
customarily associated with the main permitted use. This
approach provides for an Ordinance that is extremely
flexible in allowing for innovative uses that are
compatible with the purpose of the zoning district in
which the use is located. Conditional uses are limited
to those uses that require approval of a Planning Board
public hearing. The process was selected to insure that
such uses are consistent with neighborhood uses and would
not negatively impact the neighborhood. Conditional uses
include ACLFs, nursing homes, day nurseries, places of
worship and parking lots in multiple family districts.
5. Rehabilitation of historic buildings is encouraged by
allowing non-conforming buildings to be substantially
renovated. The policy of discouraging the substantial
rehabilitation structures in the Redevelopment Area is
maintained as the preferred development strategy to
encourage new construction and lot assemblage. In order
to improve the financial feasibility of renovating
structures, the Ordinance permits commercial uses
(retail, eating/drinking) as an accessory use to
apartment and hotel buildings.
6. In order to encourage the private sector to provide
additional parking facilities throughout the City, the
COMMIS S
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SEP 21 1989
CITY OF MIAMI BEACH
•
Ordinance includes new concepts as shared parking, under
utilized parking and surplus parking. A parking impact
fee system is included in the Ordinance which allows for
the payment of a fee in lieu of actually providing the
parking. For the first time, commercial and non-
commercial lots may be located in multiple family
districts as a Conditional Use. The purpose of the
Conditional Use Review is to insure that the operation
of the lot will not disrupt the quality of life in the
adjoining apartment buildings.
7 . The four Boards ( Planning, Historic Preservation (reduce
member from 11-9) , Design Review and Board of Adjustment)
which effect planning and zoning will not be modified.
8. The Zoning Map includes two provisions that address the
Par 3 Golf Course. The first, which was recommended by
the Planning Board but not by ZORC, is in accordance with
the Option Agreement with the Hebrew Academy. It
provides that the portion of the Par 3 Golf Course which
will be conveyed to the Hebrew Academy will automatically
be rezoned to RM-1 District which allows for schools as
a Conditional Use (all schools in the City are
Conditional Uses) . The parcel the City will receive will
be listed in a Government Use District when the City
takes possession of the property . The second addresses
the balance of the Par 3 Golf Course. The Planning Board
recommended that this tract will automatically be rezoned
for townhomes if the City Commission declares the
property as "surplus". ZORC recommended against this
proposal and recommended that the property be zoned GU
Government Use.
9. Museum District Zoning and National Register District -
As indicated under the ZORC subsection of this
memorandum, the Museum District Steering Committee and
ZORC have recommended in favor zoning regulations that
permit construction of Convention Center related hotels
on Washington Avenue and east of Collins Avenue with the
interior of the Museum District being developed as a
hotel Mixed Use village (Attachment 2) . Their
recommendations also included that the City Commission
nominate the entire National Register District, with the
exception of properties which have a lot line on Lincoln
Road and those which are east of Collins Avenue, as a
local historic district or sites (See Attachment 3) . The
property which is south of Lincoln Road would be
considered as a local historic district while all the
property in the Museum District area would be considered
as a local historic district or site. The latter will
be determined based upon an analysis prepared by the
Planning and Zoning Department. Public hearings will be
scheduled on the historic district and/or sites by the
Historic Preservation Board in November, the Planning
Board in December and the City Commission in January and
February. Property owners will receive notice for each
of the four public hearings.
On September 7, 1989, the City Commission approved the
Planning Board and ZORC recommendations with the
exception of the height limit on properties that are west
of James and Park Avenues to Washington Avenue. For
these properties, there would be no height limit.
Attachments 6 and 10 reflect the zoning recommendations
for these properties.
10. ZORC and the Planning Board had a number of discussions
pertaining to the zoning for the property between North
Bay Road and Alton Road and north of 41st Street and west
I "d , HMG 20
S
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E P 21 1989
of North Bay Road near Mount. Sinai Medical Center and
the Julia Tuttle Interchange. ZORC recommended that the
east side of North Bay Road to Alton Road be retained as
Single Family (RS-4) and that the west side be Townhomes.
The Planning Board concurred with the Single Family
designation but recommended that the parcel on the west
side of North Bay Road near the Julia Tuttle interchange
be zoned Residential Office (RO) .
11. Adult Congregate Living Facilities - In the springtime,
the City Commission requested the Planning Board consider
an amendment to the current zoning ordinance that would
place the City Commission in the sole position of
approving extensions of time for ACLF's instead of the
Planning Board. The Commission was concerned that in the
past the Planning Board recommended excessive extensions
of time and that applicants were taking advantage of the
situation with no intention to build. In recognition of
the Commission's concerns, the Planning Board
significantly reduced the amount of time to obtain an
extension and establish criteria to evaluate requests.
ZORC reviewed each of the ordinances and recommended that
the Commission approve the Ordinance as recommended by
the Planning Board. The Planning Board's Ordinance is
labeled Attachment 7 and City Commission's proposed
Ordinance is indicated as Attachment 8.
ADOPTION PROCESS
The adoption of the proposed Zoning Ordinance is part of the
planning for the City's Year 2000 Comprehensive Plan. As such, the
proposed Future Land Use Map of the Comprehensive Plan and the
Official Zoning Map are compatible. As set forth in State
Statutes, the Zoning Ordinance is designed to implement the
development regulations that are set forth in the Comprehensive
Plan.
ANALYSIS OF THE REOUEST BY OTHER BOARDS
The Design Review Board, the Historic Preservation Board and the
Zoning Board of Adjustment reviewed the Proposed Zoning Ordinance
and Official Zoning Map and submitted comments which are attached
to this report. These recommendations pertain to the July 6, 1989
draft Ordinance as proposed by the Zoning Ordinance Review
Committee and not the Planning Board.
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the Proposed Zoning Ordinance
(July 26, 1989 draft) as amended by the City Commission on first
reading (Attachments 1, 5-7 and 9-10) be approved. Secondly, the
Administration recommends that the City Commission nominate (begin
designation and review process) the area south of Lincoln Road to
6th Street and west of Collins Court to Lenox Court as a local
historic district. The Museum District from 17th Street to Dade
Boulevard /24th Street and from Washington Avenue to the west side
of Collins Avenue would be evaluated on a site by site basis to
determine if the area should be considered as a local historic
district or if individual buildings should be considered as
historic sites.
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Attachments
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SFP 21 1989 24
CITY OF MIAMI BEACH:
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S R P 21 1989 25
CITY OF MIAMI BEACH.
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."P 21 1989
171h ST
mg014mA POTENTIAL HOTEL SITES
NO HEIGHT LIMIT CITY OF MIAMI BEACH
'1.w4,,W14q
1.75.•.3.5 F.A.R. (NON-OCEAN)
1.25-6.0 F.A.R. OCEAN FRONT
HOTEL/RESIDENTIAL MIXED. USE ENTERTAINMENT VILLAGE
50FT. HEIGHT LIMIT; UNLESS WITHIN 200 FT. OF
WASHINGTON AVE. AND NOT HISTORIC SITE, THEN
NO HEIGHT LIMIT
*ALL HISTORIC REHAB PROJECTS THAT ARE ELIGIBLE FOR FEDERAL TAX
CREDIT MAY SELL DEVELOP RIGHTS AT MARKET PRICE.
**1ORC AND MUSEUM DISTRICT STEERING COMMITTEES RECOMMEND CITY
C( (MISSION INITIATE LOCAL HISTORIC DISTRICT OR SITE DESIGNATION
PR )CESS AS PART OF NOMINATION OF THE NATIONAL REGISTER DISTRICT.
PUJLIC HEARINGS WILL BE HELD IN NOV. FOR 2
HISTORIC PRESERVATION 6
BOARD, DEC. PLANNING BOARD, AND CITY COMMISSION MEETINGS IN JAN.
& FEB. ATTACHMENT 2
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4 , I E - , MEETI G•\ \ I ` /f,III/U ' �� 19s9\; ' S P 21
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NE, : CITY OF MIAMI BEAC
\ ) iiiiiipi ; il /t)i ;,
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■ � ARCHITECHTURAL DISTRICT --Nom= . \
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(NATIONAL REGISTER DISTRICT) ‘ -:.
OCEAN DRIVE/COLLINS AVE
SI, HISTORIC DISTRICT
ESPANOLA WAY HISTORIC DISTRICT
PREPARED BY THE CITY OF MIAMI BEACei 'LANNING DEPARTMENT
ATTACHMENT 3 27
• , ; .. �j' •"s EXISTING LOCAL - ;•.. . //•(, /HISTORIC SITE �.:• - 1
•
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SEP 21 1989
/ _ _ ^_�
I1(I r CITY OF MIAMI BEACH
\ . Aiimpazr / .,; b)
NOT LOCAL HISTORIC I
DISTRICT I
1`
.••••.••••' PROPOSED AREA TO BE � v.
::� NOMINATED AS LOCAL HISTORIC �.
***v.'s.***•*' .'s.•** DISTRICT AND/OR SITES
•i♦i*♦�♦�♦ PROPOSED AREA TO BE NOMINATED AS .
~
•••••••••••• A LOCAL HISTORIC DISTRICT
ARCHITECHTURAL DISTRICT (NATIONAL REGISTER DISTRICT)
•
ATTACHMENT 4
•
•
Category Number Sign Aria' • Time Period Special Condition',
Real- Estate. Signs/Single There shall be a maximum of Primary atan shall be 14 Temporary Real Estate Signs Detached signs shall ha
Family Residential: AdverUa- one sign permitted per inches by 18 inches; Strip shall be removed within 7 setback of 10 feet if k. •
tng the sale. lease or rent of property except for sign 2 inches by 18;1nches. days of the eking of the lease vacant, 3 feet if lot
the Premises upon which waterfront property where a 'Open }l•use type sign 22 or sale of the Premises upon improvements. Sign ma:
'such Sign is located. Sign second sign is permitted tnches b►- 16 inches. which the Sign is located. placed on structure or w
copy with prices is prohibited. facing the water.- In addlUon. structure or wall is less
one strip sign to be attached Each er roary sign shall 3 feet from property
directly below primary sign is receive a permit from the Height shall not exceed 5
allowed, and one 'Open • Code Enforcement Division Only the follow,
House' type sign is allowed who s' -.1 charge of fee of information and no o'
only while the owner or agent 85.00 p:- primary sign. No information or logos
is on the premises. Signs additions: charge for strip or appear on the sign:
maybe double-faced provided 'Open H r.sc- type signs.
all information is identical. (1) For Sale'. For Lease
For Rent'. or combing
Individual Signs for thereof.
•
condominium units arc
prohibited. (2) The name of the
Estate broker or REALT
as registered with the FLt
Real Estate Commission
• name of the owner or
words By Owner'in letlw
not to exceed one (l) in:
height.
(3) A desgination folic
•
such name as being e.
• -REALTORS. 'Broker'
'Owner- to lettering nr;
exceed one(1)inch in heft,
(4) The telephone numb-.
•
•
said REALTORS, Broke
Owner.
•
(5) The words By Appo
mcnt Only'.
•
(6)The word'Waterfront-
•
(7)The word°Pool'.
Primary Signs may be
Whote on Black or Blacld
White. Iridescent .
•
Illuminated signs are
hibited. 'Open House'
signs may be Red and W
- - or Black and White.
SIGNS ARE PERMITTED
PUBLIC PROPERTY.
•
Category
Number Sign A .a Time Period Special Conditions
Real Estate Signs/Multi- There shall be a maximum of Mulu - not to exceed 2 Temporary Real Estate Signs Real Estate Signs are
Family. • Commercial, one sign permitted per street feet 3 feet: Com- shall be removed within 7 permitted on window:
Industrial, Vacant Land frontage. mere:a_ :-eustrial not to days of the dosing of the lease Apartment. Multi-fa••
(other than residential): exceec : r--:by 4 feet:Vacant or sale of the Premises upon Buildings or Individual of
Advertising the sale. lease or Lane . residential)residential) nol which the Sign is located. Detached Signs shall hz,
rent of the Premises upon to excrec 4 feet by 6 feet. setback of 10 feet if e-
which such Sign is located. vacant. 3 feet if lot
Sign copy with prices is Each sign shall improvements: height
prohibited. receive E. permit from the not emceed 5 feet.
Code En:'cement Division
who s- charge of fee of Only the information
815.0. r sign. milted on residential
Estate Signs plus
following information
appear.
(1) Zoning information
(2) Size of property an
building.
(3) Permitted use of propel',
•
•
Signs may only be Black v.
• White to color.Iridescent�.
Illuminated signs 1.
prohibited. NO SIGNS/A
PERMITTED ON PUBL
•
• PROPERTY.
•
COMMISSION
•
•
S E P 21 1989
CITY OF MIAMI REACH
- - REAL ESTATE SIGNS AS RECOMMENDED BY
MB BOARD OF REALTORS AND Z RC
ATTACHMENT 5 29
•
•
ATTACHMENT 6
Text Amendments to the Proposed Zoning Ordinance
Double Underline = New Text
51fre = Deleted Text
(Page 61)
Section 6-2 RM-1 RESIDENTIAL MULTI FAMILY. LOW INTENSITY.
B. Development Regulations
Lot Area equal to or Lot Area between Lot Area greater
less than 15,000 s _ft_ 15,001 and 30,000 than 30,001 sq.ft
sq.ft.
1. Base Architectural, Architectural, Architectural
FAR District - .75 District -1.1 District -1.1
otherwise - 1.0 otherwise - 1.25 otherwise - 1.6
2. Maximum 1.25 1.6 Architectural
_
FAR with Distrii�t -1.6
bonus (See otherwise - 2.0
Sec. 6-24).
3. Min_ Lot 4. Min. Lot 5. Bin. Unit 6. Avg. Unit i_ Max. Bldg.
Area Width Size Size Height
(sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet)
5,600 50 New New Architectural
Construction Construction District - 40
550 800 otherwise none
Rehabilitated Rehabilitated
Buildings = 400 Buildings = 550
(Page 6.6)
Section 6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3
F. In the RM-1 Residential District the :round floor level of a buildin: when
viewed from a street shall be screened or enclosed. The method of screenin: or
enclosure shall be a• •roved ender the Desi:n Review .rocess
ATTACHMENT 6
COPAMESini
PEG
S E P 21. 1989
CITY OF MIAMI BEACH
•
30
(Page 6.22)
Section 6-16 MIXED USE ENTERTAINMENT DISTRICT
B. Development Regulations
1. Base FAR 2. Max. FAR 3. Min. Lot 4- WEIL Lot 5. Min. Unit 6. Avg. Unit T.Max.Bldg.
without with bonus Area Width Size Size Height
bonus (sq.ft.) Met) (sq.ft.) (sq.ft.) (feet)
All uses - 1.S All uses - 3.0 N/A N/A E x i s t i n g E x i s t i n s
t..I Except Hotel Structures: Structures:
Sevelep Development in Apartment Apartment
a locally desig- Units -400 Units -550 1 1 y
mated Historic Hotel Unite -in Hotel Units -
District = 3.5; a Local Historic N/A
all other Hotel District 200, —
Development otherwise New mesa.
s-1' —b—. shall be 15%: 300-335 construction: ..- .±-' _
pursuant to 85%: 335+ Apartment D i s t r i c t
Sesties-6-311. Section 6-23. Units -800 Oceanfront-150
New Hotel Units - ■Ion-oceanfront-
construction: N/A 50. However,
Apartment jots west of
Units-550 James Avenue
Hotel Units - and Park
15%: 300- 335 Avenue shall
85%: 335+ not have
maximum
height limit;
All other areas-
MEM
(Page 6.31)
6-21 REGULATION OF ACCESSORY USES
D. Mixed Use Entertainment District
2. Permitted Accessory Uses
b. Permitted Accessory Uses In Apartment Buildings:
(1) Apartment Buildings may have Commercial,office,eating
or drinking Uses, with access to the Street, on the ground
floor and Subterranean level or in the highest floor of a
Building however no more than 25% of the floor.area of
the Subterranean or ground floor shall be used for
commercial uses.,Office space,when located on the ground
floor, shall be located at least 50 feet from the front
property line.
(Page 6.35)
6-23 MAXIMUM FAR FOR HOTEL DEVELOPMENT
Hotel Development shall conform to the Cenewint Floor Area Ratio regulations set
forth in thisSection regardless of the underlying zoning district;however,when a Hotel
Development is located in a locally designated Historic District and/or site, or meted
in the Architectural District west of Collins Avenue , the base FAR
shall be 1.75 and the maximum allowed FAR shall not exceed 3.5 (Increases beyond the
base FAR shall be achieved through the formula set forth in Section 6-24).
2
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S P.1. 1989
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(Page 6.51) •
6-29 TRANSFER OF DEVELOPMENT RIGHTS (UNUSED FLOOR AREA)
B. Transfer and Receiving Districts,
Development Rights (Unused Floor Area) shall only be transferred from
properties in designated transfer districts to properties in designated receiving
districts. For purposes of this Section the R-PS1,R-PS2,GU and the MXE Mixed•
Use Entertainment Districts . .• _ '- - : = _ -
re designated as transfer districts and the CD-3 (when not,
located in the Architectural District), the C-PS2 and C-PS4 districts are
designated as receiving districts; however, there shall be no Transfer of
Development Rights (Unused Floor Area) from a GU District to any district
other than the C-PS4 District. In a locally designated Historic District or Site,
a historic structure (as listed in the Historic Property Database) that has,
received a Tax Credit or Qualifies as a"certified rehabilitation"according to the,
U.S. Secretary of the Interior Standards. may transfer its development rights to,
a hotel development. However, such hotel development shall not be within the
Architectural District but within a receiving district as listed in this paragraph
And meet all of the requirements of this section. For the purposes of this
section. a lot or portion thereof which is within or part of a locally designated
district or historic site shall not be allowed to transfer the development rights,
unless it is developed asa parkin: lot or :ara:e. Lots in a transfer district may
be called Transfer Lots or Properties and Lots in a receiving district may be
called Receiving Lots or Properties.
(Page 6.9)
6-8 CD-3 COMMERCIAL, HIGH INTENSITY
B. Development Regulations
LotAreaequal Lot Area Lot Area Lot Area Lot Area Lot Area
to or less than between 22,600 between 37,500 between 45,000 between 60,000 greater than
22,499 sq.ft. and 37,499 and 44,999 and 59,999 and 74,999 75,000 sq.ft.
aq.ft. sq.ft. sq.ft. sq.ft.
1. Base FAR 1.25 2.00 2.75 3.50 4.25 5.00
2. Maximum 2.25 3.00 3.75 4_50 5.25 6.00
FAR with
bonuses (See
Sec. 23)
a. However the Floor Area Ratio ran:e for residential develo.ment_ in the
Architectural District shall be 1.25 to 3.0. The Floor Area Ratio bonus shall be,
based on the average room size and design bonus as set forth in Section 6-4,B.2.a
and 6-24.A.,
b. The maximum Floor Area Ratio range for Hotel Development including hotels,
east of Collins Avenue in the Architectural District shall be pursuant to Section
6-23.
(Page 7.3)
7-2 OFF-STREET PARKING REQUIRED
A. Parking District No. 1
23. Hotel - 1 space per 1 Hotel Unit except for Hotels located in the,
Architectural District or within 400 feet of the Civic and Convetion
Center (CCC) District where parking requirement is 1 space per 2 Hotel,
Units.
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COMMISSON
SEP 21 1989 _
CITY OF MIAMI @ BEACH
32
•
7
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF MIMI BEACH, FLORIDA, MENDING
COMPREHENSIVE ZONING ORDINANCE NO. 1891;
AMENDING SUB-PART B.2 OF. SUB-SECTION 7-1
ENTITLED "CONDITIONAL USES" OF SECTION 7
ENTITLED "SUPPLEMENTARY USE REGULATIONS", BY
ESTABLISHING TIME LIMITATIONS FOR APPROVED
ACLF'S TO OBTAIN A BUILDING PERMIT,
CERTIFICATE OF OCCUPANCY, CERTIFICATE OF
COMPLETION OR OCCUPATIONAL LICENSE AND
PROVIDING PROCEDURES FOR OBTAINING EXTENSIONS
OF THE TIME LIMITATIONS; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Subsection 13 . 2 entitled "Mandatory Requirements" of
Section 13 entitled "Adult Congregate Living Facilities" of City
of Miami Beach Zoning Ordinance 1891 provides that Adult Congregate
Living Facilities (ACLF's) in the City of Miami Beach shall not
exceed 2 , 000 residents; and
WHEREAS, the City Commission of the City of Miami Beach wishes
to insure that persons obtaining conditional use permits for
operation of ACLF's which are thereafter counted as part of the
aforementioned 2 , 000 resident cap do not repeatedly delay the
opening of such facilities thereby preventing others from providing
facilities for persons needing them in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CC _`ISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1: That Subpart B. 2 of Subse=ion 7-1 entitled
"Conditional Uses" of Section 7 entitled "Supplementary Use
Regulations" of Zoning Ordinance No. 1891 is hereby amended to read
as follows:
LEG
SEP P1. 1989
CITY OF MIAMI BEACH
1
PLANNING BOARD RECOMMENDATIONS 33
ATTACHMENT 7
•
•
7-1 Conditional Uses
* * *
B. Procedures
* * * *
2 . Time Limitations
a. Except as provided in subcaragraph c below,
approval of a conditional use under this
Section shall become null and void if a
building permit has not been issued within six
(6) months after the date of approval . Such
conditional use may also become null and void
if a Certificate of Occupancy, Certificate of
Completion or an Occupational License is not
issued within two (2) years after approval .
b. Except as provided in suy_aragraph c below,
when extenuating circumstances or compelling
reasons prevent the applicant from complying
with conditions of approval within the above
stated time periods, the a::l icant may request
the Planning Director whc , after consultation
with the Chairman of the Planning Board, may
approve one nine (9) wont. extension of time
to (1) obtain a buildinc permit, or (2) to
complete all construction work and obtain a
Certificate of Occupancy. Certificate of
Completion or Occupational License. Subsequent
requests for an extension cf time shall only
be approved by the Planning Board where the
public notice requirements shall be satisfied
by placing the request on the Planning Board
Agenda. Appeal of the Fanning Director' s
`:till E3.1 Vy S O
MUTING 2
34
SEP 21 1989
CITY OF MIAMI BEACH
•
finding shall be to the Board and shall be
scheduled no earlier than 20 days prior to the
next regular meeting date . Appeal of the
Board 's decision shall be to the City
Comrission. A five-sevenths (5/7) vote of the
Cow=ission shall be required to overrule a
decision of the Planning Board relating to an
extension of time request. The appeal shall
be filed within 30 days of the date the
decision is rendered.
c. Time limitations for Adult Congregate Living
Facilities
(1) Approval of an a Adult Congregate Living
Facility under the Conditicnal Use procedures
shall become null and void if a building permit
has not been issued within nine (9) months
after the date of approval . Such Conditional
Use shall become null and vcid if a Certificate
of Occupancy, Certificate f Completion or an
Occupational License is nc= issued within one
(1) year after the building permit is issued.
(2) When extenuating circumstances or compelling
reasons prevent the applicant from complying
with conditions of approval within the above
stated time periods, the ar: icant may submit
a request to the Plannir.c Board which, may
approve:
(a one extension of time of up to three (3)
months to obtain a building permit or,
(b), if the Board finds that the project is
substantially complete , one extension of
time of up to six (6) ronths to complete
SEP 21 1989 35
CITY OF MIAMI BEACI4
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all construction work and obtain a
Certificate of Occupant y, Certificate of
Completion or Occupational License.
•
•
The public notice requirements shall be
satisfied b .lacin• the request on the Board ' s
Agenda . Appeal of the Board ' s decision shall
be to the City Commission. A five-sevenths
(5/7) vote of the Commission shall be required
to overrule a decision of the ' Planning Board
relating to an extension of time requested.
The aopeal shall be filed within 3'0 days of the
date on which the Board ' s decision is reached. .
d. An approved and operational Conditional Use
which remains idle or unused in whole or in
part for a continuous period of six (6) months
or for eighteen (18) months during any three
(3) year period whether or not the equipment,
Fixtures, or Structures remain, shall be
required to seek re-approval of the Conditional
Use from the Planning Board. Such use
shall not be permitted to be re-used until the
Planing Board approval has been granted.
SECTION 2 : REPEALER That • all Ordinances or 'parts . of Ordinances -
in conflict herewith be and the same are herewith repealed.
SECTION 3: SEVERABILITY If any section, subsection, clause or
provision of this Ordinance—is .held invalid, the remainder shall
not be affected by such invalidity.
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SEP 21. 1989 36
CITY OF MIAMI BEACH
SECTION 4 : EFFECTIVE DATE This Ordinance shall take effect on the
day of , 1989 .
PASSED and ADOPTED this day of
MAYOR
ATTEST:
CITY CLER
FORM APPROVED
LEGAL DEPT.
By:
Date:
OHM
P 21 1989
CITY Y CF MIAMI BEACH
•
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 1891; AMENDING SUBPART
B.2 OF SUBSECTION 7-1 ENTITLED "CONDITIONAL
USES" OF SECTION 7 ENTITLED "SUPPLEMENTARY USE
REGULATIONS", BY PROVIDING THAT EXTENSIONS OF
TIME FOR APPROVED ACLFaS TO OBTAIN A BUILDING
PERMIT, CERTIFICATE OF OCCUPANCY, CERTIFICATE
OF COMPLETION OR OCCUPATIONAL LICENSE SHALL
ONLY BE APPROVED BY A FIVE SEVENTHS (5/7) VOTE
OF THE CITY COMMISSION; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Subsection 13. 2 entitled "Mandatory Requirements" of
Section 13 entitled "Adult Congregate Living Facilities" of City
of Miami Beach Zoning Ordinance 1891 provides that Adult Congregate
Living Facilities (ACLF's) in the City of Miami Beach shall not
exceed 2 , 000 residents; and
WHEREAS, the City Commission of the City of Miami Beach wishes
to insure that persons obtaining conditional use permits for
operation of ACLF's which are thereafter counted as part of the
aforementioned 2 , 000 resident cap do not repeatedly delay the
opening of such facilities thereby preventing others from providing
facilities for persons needing them in the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1: That Subpart B. 2 of Subsection 7-1 entitled
"Conditional Uses" of Section 7 entitled "Supplementary Use
Regulations" of Zoning Ordinance No. 1891 is hereby amended to read
as follows:
7-1 Conditional Uses CO, M10
EUETERIG
* * * *
B. Procedures
SEP 21 1989
* * * * CITY CF MIAMI BEACH
2 . Time Limitations
a. Approval of a conditional use under this Section
shall become null and void if a building permit has
1
CITY COMMISSION RECOMMENDATION 38
ATTACHMENT 8
. \',
not been issued within six (6) months after the date
of approval . Such conditional use may also become
null and void if a Certificate of Occupancy,
Certificate of Completion or an Occupational License
is not issued within two (2) years after approval.
b. Except as provided in subparagraph c below, when
extenuating circumstances or compelling reasons
prevent the applicant from complying with conditions
of approval within the above stated time periods,
the applicant may request the Planning Director
who,after consultation with Chairman of the Planning
Board, may approve one nine (9) month extension of
time to (1) obtain a building permit or (2) to
complete all construction work and obtain a
Certificate of Occupancy, Certificate of Completion
or Occupational License. Subsequent requests for
an extension of time shall only be approved by the
Planning Board where the public notice requirements
shall be satisfied by placing the request on the
Planning Board Agenda. Appeal of the Planning
Director's finding shall be to the Board and
scheduled no earlier than 20 days prior to the next
regular meeting date. A ppeal of the Board's
findings shall be to the City Commission. A five-
sevenths (5/7) vote of the Commission shall be
required to overrule a decision of the Planning
Board relating to an extension of time request. The
appeal shall be filed within 30 days of the date the
decision is rendered.
c. Notwithstanding subparagraph b herein, any requests
for extensions of time to obtain a building permit,
Certificate of Occupancy, Certificate of Completion
or Occupational License for conditional uses granted
to ACLF's shall only be considered by the City
Commission and shall only be approved by a five-
EOM
SEP 21 1989 39
CITY OF MIAMI BEAM
•�.-;,....T.r_—T.:?�+-_„�T9±-"'.r.S±?"P.r= .E+,z'^'r?:_'� .--r...:�.�:�^_s.-..s+.r-,.--.,r..-^- _ _. �^7�--qt-n.ln.C'?s,+...;•_ew�v.�— _ _ _ •s _ _
o .
sevenths (5/7) vote.
d.e. An approved and operational conditional use which
remains idle or unused in whole or in part for a
continuous period of six (6) months or for eighteen
(18) months during any three (3) year period whether
or not the equipment, fixtures, or structures
remain, shall be required to seek re-approval of the
Conditional Use from the Planning Board. Such use
shall not be permitted to be re-used until the
Planning Board approval has been granted.
SECTION 2: REPEALER That all Ordinances or parts of Ordinances
in conflict herewith be and the same are hereby repealed.
SECTION 3: SEVERABILITY If any section, subsection, clause or
provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4: EFFECTIVE DATE This Ordinance shall take effect on the
day of , 1989.
PASSED and ADOPTED this day of ,
1989.
MAYOR
ATTEST:
CITY CLERK
Ref.a:\aclf.res
FORM APPROVED
•
LEGAL DEPT.
By:
Date: /a a f9
cemmuslou
3 °' p �
d'i7�;
SEP 21 1989 40
CITY OF MIAMI BEACH
ja041 Luc f eisiverrozig-
_ -
. . CJ - ceb `ic
. . ager.h. %Az.- Pe /
CITY OF MIAMI BEACH
TO: LAND USE COM1iITTYE f DATE: AUGUST 15, 1989
FROM: ARNOLD X. WEINER (P4/
CITY ATTORNEY
SUBJECT: PROPOSED EOHIG AMENDMENT/CITY OP NIA= BEACH
EM7ORCEXENT OF CHAPTER 17B OF DADE COSY CODE
The "Metropolitan Dade County Demolition of Uninhabitable
Structures Ordinance", Chapter 17B, provides for demolition of
uninhabitable structures either by the owner of the structure
itself or by the County cr municipality. The City of Miami Beach
has entered into an Interlocal Agreement with the County permitting
the City of Miami Beach to enforce Chapter 178 within the
incorporated limits of the City.
Pursuant to the Commission 's request at the July 26, 1989
Commission Meeting, the attached amendment to the City's Zoning
Ordinance will allow the City's Historic Preservation Board to
review any prospective demolitions under Chapter 178 and the
Agreement.
Section 17B-10 of the Dade County Code provides as follows:
Within seventy-two (72) hours of posting the
Order to demolish uninhabitable structure
pursuant to section 17B-9, the minimum housing
enforcement officer shall send the owner and
any interested parties a written notice setting
forth the defects which render the structure
uninhabitable and a time in which the structure
must be demolished or appeal requested. Such
notice shall be sent by certified or first
class mail addressed to all such parties ' last
known address as reflected in the records of
the Dade County Property Appraiser. The lack
of a signed return receipt shall not constitute
a failure to notify interested parties.
(Emphasis added. )
The attached amendment to the City's Zoning Ordinance will provide
that the Historic Preservation Board is an interested party and
shall receive notice of any order for demolition of an
uninhabitable structure pursuant to the Dade County Code. As "an
interested party" the Historic Preservation Board may appeal any
decision of the Minimum Housing Enforcement Officer to the Minimum
Housing Appeals Board. Section 17B-14 "Appeals to the Minimum
COMMISSION
t .E TAG
41
ATTACHMENT 9 SFP 21 1989 4
CITY OF MIAMI BEACH
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•
ORDINANCE MO.
AN ORDINANCE OF THE_.CtTY COMMISSIObN OF TEE CITY OF MIAMI
BEACH, FLORIDA )NZ DING CHAPTER 22-6C.6. OF SOWING
ORDINANCE 1891 OF THE CITY OF MIAMI BEACE ENTITLED
"HISTORIC PRESERVATION BOARD - CERTIFICATE OF
APPROPRIATENESS/CERTIFICATE TO DIG“; PROVIDING FOR
BEVERADILITY; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1. Amending Chapter 22' 6C.6. of Zoning Ordinance 1891
entitled '3iatoric Preservation Board - Certificate
of Appropriateness/Certificate to Digs'.
The above referenced chapter of Zoning Ordinance 1891 of the
City of Miami Beach shall be amended to read as follows:
Certificate of Appropriateness/Certificate to Diq
a. Demolition of a designated building,
structure, improvement or site may occur
pursuant to an order of a government agency or
a Court of appropriate jurisdiction or, if
granted, pursuant to an application by the
owner for a Certificate of Appropriateness for
the Demolition of designated historic
buildings, structures, improvements or sites.
b. Government agencies having the authority
to demolish unsafe structures and uninhabitable
structures as defined by the Metropolitan Dade
County Demolition of Uninhabitable Structures
Ordinance shall receive notice of designation
of individual buildings, structures,
improvements or sites, districts or
archeological sites pursuant to this Ordinance.
The Historic Preservation Board shall be deemed
an interested party and shall be entitled to
receive notice of (although not bound by) any
public hearings conducted by such government
agency regarding demolition of any
property within the City's limits. The Board
may make recommendations and suggestions to the
government agency and the owner(s) relative to
the feasibility of and the public interest in COMMISSION
preserving the designated property.
c. No permit for voluntary demolition of a
designate building, structure, improvement or SEP 21 is
site shall be issued to the owner(s) thereon
until an application of a Certificate of CITY
Appropriateness for Demolition has been
submitted and approved pursuant to the
procedures in this Ordinance. Refusal by the
City Commission to grant a Certificate of
Appropriateness for demolition shall be
evidenced by written order detailing the public
interest which is sought to be preserved. In
determining their recommendation, the Historic
1
42
Preservation Board shall be guided by the
criteria contained in subsection 22®6,C, 6,d.
After the demolition denial, or during a
demolition delay period, the Historic
Preservation Board and/or the City Coamission
may take such steps as it deems necessary to
preserve the structure concerned in accordance
with the purposes and procedures of this
Ordinance. Such steps may include, but shall
not be limited to, consultation with civil
groups, public agencies and interested
citizens, recommendations for acquisition of
property by public or private bodies or
agencies, and exploration of the possibility
of moving one or more structure or other
feature.
Section 2 . SEVtRABILITY.
If any section, sentence, clause or phrase of this Ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portion of this Ordinance.
Section 3. RE P E.A.LE R.
All ordinances or parts in conflict herewith be and the same are
hereby repealed.
Section 4. EFFECTIVE DATE.
This Ordinance shall take effect ten (10) days after its adoption
on the day of , 19
PASSED and ADOPTED this day of , 19 •
MAYOR
ATTEST:
CITY CLERK
FORM APPROVED:
LEGAL DEPARTMENT
DATE: 8//6/491
HD/mml
Words in type are deletions. Words in underscore
are additions. f
MEM
2 43
SEP 21. 1989
CITY OF MAIM BEACH
• ;
Housing Appeals Board", provides as follows:
The owner, the holder of a secured interest in
the property, or y interested oarty may
appeal the findings of the minimum housing
enforcement officer to the minimum housing
appeals board by submitting a written petition
within twenty (20) days of the date indicated
on the posted notice. . .The board shall hear and
consider all facts material to the appeal and
may affirm, reverse, or modify the findings of
the minimum housing enforcement officer. Any
person aggrieved by the decision of the board
may seek judicial review in accordance with the .
applicable Florida Appellate Rules. (Emphasis
added. ) ;.
In this manner the Historic Preservation Board shall have a forum
in which to voice its recommendaticn regarding any prospective
demolition of a historic structure.
•
•
SFP 21 1989
44
CITY OF MIAMI BEACH
. •
MUSEUM DISTRICT CONCEPT PLAN , ; ), •
AND ZONING RECOMMENDATIONS - ' . ///
/
•
- i 1 / 4
CITY COMMISSION ACTION ( I' /
FIRST READING
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COMMISSION
:.:::::.1".. te,' ._rrZ--lmiPIIIM..1 i - --7------- - '. ....'.. l.l'
11`�I r1 %- .1. .,}:-. S F P 21 1989
. -::::,.::::::: :„..-::::g::::?:-.,.... ::i:-: IMIFIlliall i ---------5--- -,-----;------------------------------.1,0.k.}.: asosigs �/ tile�:
:: CITY OF MIAMI BEACH
17th IT
POTENTIAL HOTEL SITES
NO HEIGHT LIMIT
1.75-3.5 F.A.R. (NON OCEAN)-HOTEL BUILDINGS
1.25-6.0 F.A.R. (OCEAN FRONT)-HOTEL BUILDINGS
1.5-3.0 F.A.R. APT. BUILD.IN MBE AND CD-3 DISTRICTS (OCEANFRONT OR
NON-OCEANFRONT)
HOTEL/RESIDENTIAL MIXED•USE ENTERTAINMENT VILLAGE
50FT. HEIGHT LIMIT.
*ALL HISTORIC REHAB PROJECTS THAT ARE ELIGIBLE FOR FEDERAL TAX
CREDIT MAY SELL DEVELOPMENT RIGHTS AT MARKET PRICE.
**INITIATE LOCAL HISTORIC DISTRICT OR SITE DESIGNATION PROCESS
(NOMINATE) AS PART OF NOMINATION OF THE NATIONAL REGISTER DISTRICT.
PUBLIC HEARINGS WILL BE HELD IN NOV. FOR HISTORIC PRESERVATION
BOARD, DEC. PLANNING BOARD, AND CITY COMMISSION MEETINGS IN JAN.
AND FEB.
ATTACHMENT 10 45
OFFICE OF THE CITY CLERK
CITY OF MIAMI BEACH
NOTICE OF ZONING AND PERMITTED USE CHANGE
ADOPTION OF NEW COMPREHENSIVE ZONING ORDINANCE
AND NEW OFFICIAL ZONING MAP
The City of Miami Beach proposes to rezone and change the permitted
uses of the land within the area shown in the map in this
advertisement (all Miami Beach Zoning Districts) by adopting a new
Comprehensive Zoning Ordinance and Official Zoning Map for the
entire City of Miami Beach.
A public hearing will be held by the City Commission of the City
of Miami Beach, in the Commission Chambers, City Hall, 1700
Convention Center Drive., Miami Beach, Florida, Thursday, September
21, 1989, commencing at 6:00 P.M. to consider the adoption of the
following described ordinance which was given first reading on
September 7, 1989:
AN ORDINANCE ESTABLISHING A COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OF MIAMI BEACH, FLORIDA TO REGULATE AND RESTRICT THE ERECTION,
RECONSTRUCTION, ALTERATION, LOCATION AND USE OF BUILDINGS,
STRUCTURES, LAND AND WATER, FOR TRADE, INDUSTRY, RESIDENCE, OR
OTHER PURPOSES; TO REGULATE AND RESTRICT THE SIZE OF BUILDINGS AND
OTHER STRUCTURES HEREAFTER ERECTED OR ALTERED, THE SIZE AND
DIMENSION OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING
BUILDINGS; TO REGULATE AND RESTRICT BUILDING LINES AND THE
PERCENTAGE OF LOT THAT MAY BE OCCUPIED, AND THE DENSITY OF
POPULATION, AND FOR SAID PURPOSES TO DIVIDE THE CITY OF MIAMI BEACH
INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST
SUITED TO CARRY OUT THESE REGULATIONS, AND FOR EACH SUCH DISTRICT
TO IMPOSE REGULATIONS AND RESTRICTIONS DESIGNATING THE KINDS OR
CLASSES OF TRADES, INDUSTRIES, RESIDENCES OR OTHER PURPOSES FOR
WHICH BUILDINGS OR OTHER STRUCTURES OR PREMISES MAY BE PERMITTED
TO BE ERECTED, ALTERED OR USED; TO PROVIDE A METHOD FOR AMENDMENT,
SUPPLEMENT, CHANGE, MODIFICATION AND REPEAL OF REGULATIONS,
RESTRICTIONS AND BOUNDARIES; TO PROVIDE A DESIGN REVIEW BOARD, A
PLANNING BOARD, A BOARD OF ADJUSTMENT AND A HISTORIC PRESERVATION
BOARD AND TO PRESCRIBE THEIR POWERS AND DUTIES; AND TO PRESCRIBE
PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE;
AND TO PROVIDE FOR ITS ENFORCEMENT; AND TO REPEAL ZONING ORDINANCE
NO. 1891, AND ALSO TO PROVIDE AN EFFECTIVE DATE.
The City seeks to replace the text and map of Zoning Ordinance 1891
with the text and map of the Proposed City of Miami Beach Zoning
Ordinance. All properties and zoning districts within the City of
Miami Beach will be affected. Copies of the proposed Zoning
Ordinance and Map are on file in the office of the Planning and
Zoning Department, 1700 Convention Center Drive, Second Floor,
Miami Beach, Florida, for examination by the public during normal
business hours. Call 673-7550 for additional information.
COMEISSIO
MEETIVG
SEP P1 1989
CITY OF MIAMI BEACH
46
AGENDA --- --. \
TEM: -3—
DiA _ )
•
All persons are invited to appear at this hearing or be represented
by an agent or to express their views in writing addressed to
Elaine Baker, City Clerk, City of Miami Beach, 1700 Convention
Center Drive, Miami Beach, FL 33139.
(insert map here)
Pursuant to Florida Statute 286. 0105, the City hereby advises the
public that: If a person decides to appeal any decision made by
this Commission with respect to any matter considered at its
meeting or its hearing, they must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does
not constitute consent by the City of the introduction or admission
of otherwise inadmissable or irrelevant evidence, nor does it
authorize challenges or appeals not otherwise allowed by law.
SPP P1 1989
47
CITY OF MIAMI BEACH
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COMMISSION
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SEP 21 1989 48
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CITY OF MIAMI BEACH
1
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Proposed: -zon_i n .. or n.a nce...: :.
on . parking spacesludicrous:
=•
To The Editor: -
The proposed.zoning ordinance,City of Miami Beach,.
has the following provisions:
• 7-1B Apartment Building 10 spaces for Each unit
regardless of size or number of bedrooms
• 7-7 Parking Impact Fee Program "Where there is.
inadequate area available on site area, or at a location
within 1200 feet of the Site,for providing some or all of the
parking spaces required the parking requirment may be
fulfilled by payment of an Impact Fee instead but there
. must be at least One parking space per unit."
•What does this mean? To me, it means that every
property owner of commercial or multi-family residential
property is being "screwed" by your Commissioners.
They have failed to recognize that in our changing life
style;many young couples have two cars because they are
both employed at different locations.Many families have
teen age children who go to college,either FIU or Miami-
Dade or U of M. These students have cars to drive to
school or to work after classes. There is no provision for
them.And the designation of 11/2 parking space per unit is
a . potential' outrageous disaster for. Miami Beach.
Supposing there are two or three bedrooms planned?No
recognition of the added number of cars? .
j .. There'is a massive parking problem now, especially
j ,south of Lincoln Road where the apartment houses were
built prior to 1970,the first year when parking spaces were
required for new construction. Can you imagine a
developer coming into this area and not being required to
provide adequate parking? Can you imagine the
frustration of residents who now ride around and around
to find a parking place when additional,cars are added to
the problem? Can you imagine the frustration of new
condo owners and tenants when they look for parking,not
only for themselves, but for their guests. The word is
already getting around. There is no place to park! The
people won't come to Miami Beach to live,the landlords
:,will have multiple vacancies,it is now about 20%,and the
glow of a revived-Miami Beach;will be extinguished. :
nstead iota helping ito;alleviate--the parking crises,y^9.ur
mi tissroners-are'�^,selhng''out"to L developers" by
requiring them to provide less parking. I cannot believe
that an Impact Fee, paid to go toward the city's buying
property, build municipal garages, which will require
parking fee payments and could be five or six blocks away
from impacted buildings,is justified.And supposing there
are two or three bedroom.units being built.-The new code
says no,less than one parking space per Unit!, the.'/2; :
parking space would be covered by the.Impact Fee.
Then there'is a consideration of Surplus Parking spaces.
Briefly, it states that if a building does not need all of its
parking space,it may lease these spaces to a developer who
needs the spaces. This arrangement shall be recorded in
the public records. But what happens when the owner,
who leased the spaces to a developer and received
compensation,wants to sell the property.It is incumbered
and can only be:used by someone who does not need
parking. I can see probable legal action to cancel the lease ' COMMISSION
by heirs to an estate as against public policy regarding MEETING
disposition of land. And the developer gets off`scot free'
po g
P
without supplying the required parking space. Let the
developer provide `on site' parking. SF P 21 1989
If I didn't think that these provisions were deliberately
recommended, I'd say that they were the height of CITY OF MIAMI BEACH
supidity. But then, even Richard Gregorie, the lawyer-
investigator,hired to hear the Homestead fiasco said,"So
far, we've had three Commissioners. It's like the three
monkeys —See No Evil, Hear No Evil, Speak No Evil."
He was referring to Grenald,Resnick,and Weisburd.And
these three Commissioners will be voting on the new
parking ordinance!
Mildred S. Falk, • q/a,Vg9
Miami Beach Homeowners Assoc.