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Ordinance 84-2439 ORDINANCE NO: 84-2439 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF MIAMI BEACH, FLORIDA (ORDINANCE NO. 1891, AS AMENDED) BY DELETING THEREFROM IN ITS ENTIRETY SECTION 22-1D -- INTERIM DEVELOPMENT DISTRICT AND ELIMINATING THE DESIGNATION OF SAME ON THE CITY OF MIAMI BEACH ZONING DISTRICT MAP AND BY MAKING SUCH OTHER CHANGES AS ARE NECESSARY TO BRING THE ZONING ORDINANCE INTO CONFORMANCE WITH THE NEW PERMANENT ZONING FOR SOUTH SHORE, AS ESTABLISHED HEREIN; BY ADOPTING A NEW SECTION 22 TO BE TITLED: "PS - PERFORMANCE STANDARD DISTRICT" AND MAPPING SAME ON THE CITY OF MIAMI BEACH ZONING DISTRICT MAP IN ORDER TO REGULATE DEVELOPMENT AND REDEVELOPMENT IN THE DISTRICT IN CONFORMITY WITH THE SOUTH SHORE REVITALIZATION STRATEGY (FEBRUARY, 1984), A REDEVELOPMENT PLAN ADOPTED BY THE CITY COMMISSION PURSUANT TO THE COMMUNITY REDEVELOPMENT ACT (F.S. § § 163.330 ET SEQ.); AND AS THE REDEVELOPMENT ELEMENT OF THE CITY COMPREHENSIVE PLAN PURSUANT TO THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975 (F.S.§ 163.3161 ET SEQ.); BY PROVIDING FOR THE REPEAL OF ORDINANCES IN CONFLICT HEREWITH; BY PROVIDING FOR SEVERABILITY; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach, Florida (hereinafter "City") is a home rule charter City pursuant to Art. VIII, § 1(f), 1(g) and 2(b) of the Florida Constitution, the Municipal Home Rule Powers Act (F.S. Ch. 166 (1973)) and the Miami Beach City Charter, and has all "governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, including the authority to adopt and enforce comprehensive plans, zoning ordinances and other necessary land use control measures; and WHEREAS, the City is authorized and required by the Local Government Comprehensive Planning Act of 1975, as amended, to prepare, adopt, amend, as necessary, and implement a Comprehensive Plan; and WHEREAS, the Local Government Comprehensive Planning Act specifically provides that a redevelopment plan may be an element of the Comprehensive Plan (F.S., 163.3177(7)(h); and WHEREAS, the City is authorized by the Community Redevelopment Act, as amended, to prepare, adopt, amend, as necessary, and implement a community redevelopment plan; and 1 WHEREAS, the City has adopted the Miami Beach Comprehensive Plan on August 20, 1980, pursuant to the Local Government Comprehensive Planning Act, which Comprehensive Plan incorporated by reference the South Shore Redevelopment Plan adopted on March 2, 1977 and amended on April 25, 1979 by the City; and WHEREAS, the City amended the Redevelopment Plan element of the Comprehensive Plan on May 5, 1982 with the adoption of an Amended and Restated Redevelopment Plan for the South Shore Redevelopment Project; and WHEREAS, the City adopted an Interim Development Control ordinance (Ordinance No. 83-2355) on January 5, 1983, replacing the RU-Redevelopment Use District applicable to the South Beach Redevelopment Area in order to regulate and restrict development in the area for an "interim" period, but not to exceed one (1) year, pending adoption of a new redevelopment plan and new permanent zoning for the area; and WHEREAS, the City extended the Interim Development Control Ordinance for an additional period not to exceed six (6) months on January 13, 1984 and for an additional period not to exceed four (4) months on July 15, 1984 to terminate on November 15, 1984; and WHEREAS, the City, pursuant to proper notice and public hearings in accordance with the Community Redevelopment Act and the Local Government Comprehensive Planning Act, and with the recommendation of the Planning Board and the Redevelopment Agency pursuant to law, has adopted the South Shore Revitalization Strategy (February 1984) as the City's Redevelopment Plan for South Shore and as the redevelopment element of the City Comprehensive Plan; and WHEREAS, the South Shore Revitalization Strategy (February 1984) specifies land uses, densities and other planning and design criteria for development and redevelopment in the South Shore area; and WHEREAS, the "PS - Performance Standard District" establishes regulations consistent with and in furtherance of the redevelopment element and the goals, objectives and policies thereof; and WHEREAS, the Miami Beach Planning Board has held public hearings on the PS - Performance Standard District on May 22, 1984, June 4, 1984 and June 26, 1984, giving due public notice thereof, and has submitted its recommendations thereon to the City Commission; WHEREAS, the Miami Beach City Commission has held public hearings on the PS - Performance Standard District on September 5, 1984 and September 19, 1984, giving due public notice thereof, has heard various comments from the public, has reviewed the proposed zoning district and has made findings relative to the consistency of the zoning and the City Comprehensive Plan and Redevelopment Plan. 2 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TIIE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance No. 1891, as amended) shall be amended as follows: (a) by deleting therefrom in its entirety Section 22-ID, Interim Development District and eliminating the designation of same on the City of Miami Beach Zoning District Map and substituting a new Section 22 to be titled "PS - Performance Standard District" and mapping same on the City of Miami Beach District Map; (b) by eliminating from the City of Miami Beach Zoning District Map as established by Section 4-2, the designations RM-60, RM-100, C-1, C-5 and C-6 in the designated South Shore redevelopment area; (c) by eliminating from the City of Miami Beach Multi-Family Zoning Area District Map (for Front and Rear Yard Setback), as established by Section 8-3, the designations 4, 9 and 10 in the designated South Shore redevelopment area and substituting therefore the following language on said map: "See Section 22 - PS - Performance Standard District regulations." (d) by adding to Section 23-2A a new subsection 4 as follows: "4. any use, structure or building located within a designated redevelopment area." (e) by amending Section 27-2A by adding thereto a new subsection (5) to read as follows: "5. Facilities shall not be located in any designated redevelopment area." (f) by adding to Section 25-3A a new subsection 5 as follows: "5. R-PS 1-4 Residential - Performance Standards District." (g) by adding to Section 11-2 new subsections I and J as follows: "I. SIGNS PERMITTED IN THE R-PS 1-4 DISTRICTS ZONING AWNING/ DETACHED DISTRICT NOTES MARQUEE FLAT PROJECTING (POLE-PYLON) R-PS 1 15 sq. 15 sq. not permitted not permitted R-PS 2 ft. ft. R-PS 3 Aggregate 15 sq. 60 sq. not permitted, not permitted 3 R-PS 4 Sign Area ft. ft. 40 sq. ft./ 100' of street frontage "3. SIGNS PERMITTED IN THE C-PS 1-3 DISTRICTS ZONING AWNING/ DETACHED DISTRICT NOTES MARQUEE FLAT PROJECTING (POLE-PYLON) C-PS 1 15 sq. 10% of 20 sq. ft. not permitted ft. wall 40 sq. ft. max. C-PS 2 Aggregate 15 sq. 15% of 20 sq. ft. 20 sq. ft. Sign Area ft. wall 150 sq. ft./ 70 sq. 100' of street ft. max. frontage C-PS 3 Aggregate 15 sq. 15% of 40 sq. ft. 40 sq. ft. Sign Area ft. wall 200 sq. ft./ 100 sq. 100' of street ft. max. frontage (h) by adding to Section 7-3 new subsections E and F as follows: "E. R-PS 1-4 ACCESSORY Permitted accessory uses shall include those listed in Sections 7-3A and B of this Ordinance provided, however, that such accessory uses shall: (1) be designed principally to accommodate and serve the residents/occupants of the principal use; (2) have limited accessibility to the general public; (3) be of a size and character consistent with the needs of the residents/occupants of the principal use; (4) meet any Ret increased the parking requirements necessitated by such use; Reeds eI the deve4eereeRti (5) not require additional loading facilities; and (6) not cause the need for any variance in minimum required yards, height, setback, bulk, parking, loading, floor area ratio, open space ratio, or other requirements of this Ordinance. "F. C-PS 1-3 ACCESSORY Permitted accessory uses shall include those listed in Section 7-3C of this Ordinance for non-residential principal uses and those listed in Sections 7-3A and B, as 4 modified by Section 7-3E of this Ordinance, for residential principal uses. Accessory uses in a mixed use development shall be subject to the requirements for residential principal uses if 25% or more of the total area of the building is used for dwelling purposes and to the requirements for non-residential principal uses if less than 25% of the total area of the building is used for dwelling purposes." SECTION 2. The Zoning Ordinance of the City of Miami Beach, Florida (Ordinance No. 1891, as amended) shall be further amended by adopting a new Section 22 to be titled "PS - PERFORMANCE STANDARD DISTRICT" by establishing said district and by including same on the listing of districts in Section 4-IA and Section 21-2 of the Zoning Ordinance and by mapping same on the City of Miami Beach Zoning District Map pursuant to Section 4-2. SECTION 3. The new Section 22 - "PS - Performance Standard District" shall consist of the following provisions: Section 22-1. Short Title This Ordinance shall be known and cited as the "Performance Standard District Ordinance of Miami Beach Florida." Section 22-2. Definitions A. For the purposes of this Ordinance, words and terms used herein are defined in Section 3 of the Miami Beach Zoning Ordinance. B. In addition, as used in this section, the following words and terms shall have the following meaning, unless another meaning is plainly intended: (1) APPLICANT means any person, including a governmental agency, seeking to undertake any development as defined herein. (2) AREA or PLAN AREA means the area included within the boundaries of the South Shore Redevelopment Project as established pursuant to Fla. Stat. §163.330 et seq. and as specified in the Redevelopment Plan. (3) BUILDING PERMIT means a permit issued by the designated Building Official or authorized agency or department of the City which allows a building or structure to be erected, constructed, altered, moved, converted, extended, enlarged or used, for any purpose, in conformity with applicable City Codes and Ordinances. (4) CITY means the City of Miami Beach, Florida. (5} CITY COMMISSION means the City Commission of the City of Miami Beach, Florida, the governing body of the City. 5 (6) COMMUNITY REDEVELOPMENT AGENCY OF 1969 means and refers to the community redevelopment law, Fla. Stat. §163.330 et seq. (7) COMMUNITY REDEVELOPMENT AGENCY or AGENCY means the Redevelopment Agency of the City of Miami Beach, Florida, a public agency created pursuant to I`la. Stat. §163.330 et seq. (8) DESIGN REVIEW means the process and includes the requirements as set forth in Section 23 of the Zoning Ordinance. (9) DEVELOPMENT means the undertaking of any building or construction, including new construction, rehabilitation, renovation or redevelopment, the making of any material changes in the use or appearance of property or structures, the subdivision of land, or any other action for which development approval is necessary. (10) DEVELOPMENT AGREEMENT means and refers to an agreement entered into by the City and the Property Owner with respect to the project, by which the development, use, timing, capital improvements and other elements of the project may be specified. (11) DEVELOPMENT APPROVAL includes any zoning, rezoning, conditional use, special exception, variance or subdivision approval, or any other official action of local government having the effect of approving the development of land. (12) DEVELOPMENT RIGHTS means and refers to the equivalent number of dwelling units per acre calculated as the difference between 60 dwelling units per acre and the number of dwelling units per acre for which development approval is being sought by the applicant; development rights are transferable to properties in the receiving area only. (13) MIAMI BEACH PROPERTY MAINTENANCE STANDARDS means and refers to Chapter 17B of the Miami Beach City Code, as amended. (14) OPEN SPACE RATIO means and refers to a percentage calculated as the area of open space, including required yards, at grade to the gross lot area of a parcel. (15) PERFORMANCE STANDARD USE means any development in the PS - Performance Standard District for which a building permit or development approval is required, and, which use is permissible as of right or by conditional use in the PS district. (16) PROJECT means the performance standard use or development for which a development approval is being sought by the applicant. (17) PROPERTY OWNER means the person or persons having a legal or equitable interest in real property, including property that is the subject of a development agreement, and includes the property owner's successor in interest. 6 (18) REDEVELOPMENT PLAN means the South Shore Revitalization Strategy prepared pursuant to Fla. Stat. §163.330 et seq., adopted by the City Commission on February 15, 1984, and constituting the Redevelopment Plan for the area as well as the redevelopment elemen of the City Comprehensive Plan. (19) SITE PLAN means a plan meeting each of the requirements as set forth in Section 14-3 and 23 of the Zoning Ordinance. (20) SITE PLAN APPROVAL means final approval by the properly designated City agency, department or official pursuant to the procedure set forth in Section 7 or 23 of the Zoning Ordinance. (21) SOUTH FLORIDA BUILDING CODE means Chapter 8, Sections 8-1 through 8-4 of the City Code, as amended. (22) SUBSTANTIAL REHABILITATION means the expenditure of funds in an amount not less than 50% of the assessed valuation of the subject property for the reconstruction and improvement of buildings, accessory uses andstructures; for the construction or improvement of parking and open space; and for site development, that will result in such project then meeting all applicable performance standards and requirements of this Ordinance. (23) ZONING DISTRICT MAP means the City of Miami Beach Zoning District Map as amended, dated and signed by the Mayor and City Clerk of the City of Miami Beach, upon adoption. (24) ZONING ORDINANCE means the City of Miami Beach Zoning Ordinance, Ordinance No. 1891, as amended. Section 22-3. Establishment of District and Divisions The PS - Performance Standard District is hereby established as shown on the map designated as the City of Miami Beach Zoning District Map. The PS district generally consists of all privately-owned land in the South Shore Redevelopment area and consists of two divisions: a Residential-Performance Standard (R-PS) district and a Commercial-Performance Standard (C- PS) district, each of which is further subdivided based upon the type and density or intensity of permitted uses. Section 22-4. District Purpose and Subdistricts A. Residential-Performance Standards. The residential-performance standards district is designed to accommodate a broad spectrum of medium-low to high density residential development including townhomes and multiple-family development pursuant to "performance standards" which shall control the permissible type and density of residential development. Performance standards development will allow for modification of certain individual lot requirements, greater flexibility, particularly for large-scale development, and incentives for provision of certain amenities and for conformance with specified objectives, thereby encouraging 7 more flexible and innovative design and development, in accordance with the goals and objectives of the Comprehensive Plan and the Redevelopment Plan. In order to adequately and properly distinguish between permissible types and densities of residential development in the Redevelopment Area, the Residential-Performance standards district is further divided into the following subdistricts: R-PS 1 Medium - Low Density R-PS 2 Medium Density R-PS 3 Medium - High Density R-PS 4 High Density B. Commercial Performance Standards. The Commercial-Performance Standards district is designed to accommodate a range of business, commercial, office and hotel uses, as well as medium to high density residential development pursuant to "performance standards" which shall control the permissible type, density or intensity, and mix of development. Performance standards development will allow for modification of certain individual lot requirements, greater flexibility, particularly for large-scale development and incentives for provision of certain amenities and for conformance with specified objectives, thereby encouraging more flexible and innovative design and development in accordance with the goals and objectives of the Comprehensive Plan and the Redevelopment Plan. In order to adequately and properly distinguish between types, densities and intensities of uses and mix of permitted development in the Redevelopment Area, the Commercial-Performance Standards district is divided into the following sub-districts: C-PSI Limited Mixed-use Commercial C-PS2 General Mixed-use Commercial C-PS3 Intensive Mixed-use Commercial Section 22-5. Use Regulations A. Uses Permitted By Right, Uses Permitted by Conditional Use Permit and Uses Not Permitted. No building, structure or land shall be used or occupied except as a main permitted use, a conditional use, or an accessory use to a main permitted use, in accordance with the Table of Permitted Uses. A use in any district denoted by the letter "P" is a use permitted by right in such district or subdistrict, provided that all requirements and performance standards applicable to such uses have been met. A use in any district denoted by the letter "C" is permissible as a conditional use in such district or subdistrict, provided that all requirements and performance standards applicable to such use have been met and provided that all requirements of Section 7 of the Zoning Ordinance have been met. A use in any district denoted by the letter "N" is not permitted in such district or subdistrict. Uses permitted by right, as a conditional use, or as an accessory use shall be subject to all use regulations and performance standards contained herein and to such other regulations as may be applicable, including site plan review and/or design review. Uses not listed in the Table of Permitted Uses are not permitted in the district or subdistrict. No use is permitted on a parcel, whether listed by right, as a conditional use or as an 8 accessory use in such district, unless it can be located on such parcel in full compliance with all of the performance standards and other requirements of the Zoning Ordinance applicable to the specific use and parcel in question. B. Table of Permitted Uses Districts and Subdistricts General Residential-Performance Commercial-Performance Use Category Standards Standards R-PS 1 R-PS 2 R-PS 3 R-PS 4 C-PS 1 C-PS 2 C-PS 3 A. Residential P P P P P P P B. Hotel/Motel N N C P C P P C. Commercial N N N N P P P D. Office N N N N P P P E. Institutional P P = P P P P P F. Accessory P P P P P P P Legend P - Main Permitted Use C - Conditional Use N - Not Permitted C. General Use Categories 1. Residential: includes single-family dwelling, two-family dwelling, multi-family dwelling, townhouse, group home, apartment building. 2. Hotel/Motel: includes hotel, motel, and apartment hotel. 3. Commercial: includes retail sales, personal services, restaurants, theatre, clinics, clubs and similar uses. 4. Offices: includes professional, business, medical, laboratory, research, and similar office uses. 5. Institutional: includes public buildings and uses, public utilities, post office, educational and philanthropic uses, museums, religious institutions, public recreation, and other similar uses. 6. Accessory: as defined in Section 3-2A.2 and subject to the regulations of Section 7-3 of this Ordinance. D. Non-Conforming Uses, Lots and Structures • 9 (1) Applicability. Non-conforming uses, lots and structures shall be subject to the regulations contained in Section 12 of this Ordinance and the additional and supplemental regulations prescribed herein. (2) Supplemental Regulations As To Non-Conforming Structures. (a) Any structure in existence in the PS district as of the effective date of this Section that is non-conforming as to height, area, yard, bulk, setback, open space ratio, floor area ratio, parking, loading, or floor area per unit may be maintained. (b) If such non-conforming structure has been cited by the Dade County Unsafe Structures Board, the owners shall bring the structure into conformance with the applicable codes within the time period specified by the Dade County Unsafe Structures Board. If it is not brought into compliance with in said time period, the building shall not again be used except in compliance with the zoning regulations of the PS district. (c) If such non-conforming structure is unused as of the effective date of this ordinance and either (1) has remained idle or unused for a continuous period of six (6) months, or (2) has remained idle or unused for eighteen (18) months during any three (3) year period whether or not the equipment or fixtures are removed, the structure shall not again be used except in conformity with the regulations of the PS district. (d) If such non-conforming structure has been damaged by any cause whatever to the extent of more than fifty (50%) percent of the County tax-assessed value of the building, it shall not be restored except in conformity with the regulations of the PS district. If a building is damaged by less than fifty 50% of the tax-assessed value, it may be repaired and used as before the time of damage, provided that such repairs or reconstruction be substantially completed within twelve (12) months of the date of such damage; provided that such repairs or rehabilitation result in such structure meeting all applicable standards of the Miami Beach Property Maintenance Standards and the South Florida Building Code; and provided that such structure meets the minimum floor area per unit and minimum average floor area per unit requirements of the PS district. (e) Supplemental Regulations As To Rehabilitation of Non-Conforming Structures. Except as provided above, no building or other permit(s) shall be issued by the City for repair or rehabilitation of an existing non-conforming structure for residential use (i) where the cost of such repair or rehabilitation is less than fifty (5096) percent of the assessed valuation of the structure or fifty (50%) percent of the replacement value as determined by the Dade County Tax Appraisor, whichever is greater. After such repair or rehabilitation, the structure will then meet all applicable standards of the Miami Beach Property Maintenance Standards and the South Florida Building Code as determined by an on-site inspection and no other building or City permit for repair or rehabilitation has been issued during the preceding calendar year; and (ii) where the cost of such repair or rehabilitation is equal to or greater than fifty (50%) percent of the assessed valuation of the structure or fifty (50%) percent of the replacement value as determined by the Dade County Tax Appraisor, whichever is greater, after such repair or rehabilitation, the structure will then meet all applicable standards of the Miami Beach Property Maintenance Standards and the South Florida Building Code as determined by an on-site inspection; not less than eighty-five (85%) percent of all 10 dwelling units in the structure(s) shall have a minimum gross floor area of not less than 750 square feet; and not more than fifteen (15%) percent of the dwelling units in the structure(s) shall have a minimum gross floor area of not less than 400 square feet, unless a variance is granted pursuant to Section 13 of this Ordinance. SECTION 22-6 Performance Standard Regulations A. General Requirement. No building, structure or land shall be used or occupied except in conformance with the performance standards applicable to the use and subdistrict as set forth in the applicable Table of Performance Standards. The purpose of the performance standards is: to provide detailed regulations by means of minimum criteria which must be met by all uses in order to ensure development consistent with the goals and objectives of the Comprehensive Plan and the Redevelopment Plan; to protect the integrity of the Comprehensive Plan and the Redevelopment Plan and the relationships between uses and densities that are essential to the viability of the Plan and the redevelopment of South Shore; and to promote and protect the public health, safety, and general welfare by requiring all development to be consistent with the land use, circulation and amenities components of the redevelopment element of the Comprehensive Plan and the capital improvements program for the area. All minimum performance standards applicable to a given use and subdistrict must be met, unless a variance is granted pursuant to Section 13 of this Ordinance. B. Table of Residential Performance Standards TABLE OF RESIDENTIAL PERFORMANCE STANDARDS Residential Subdistricts Performance Standard R-PSI R-PS2 R-PS3 R-PS4 1. Minimum Lot Area 10,000 10,000 10,000 - 10,000 sq.ft. sq.ft. sq.ft. sq.ft. 2. Minimum Lot Width 100 ft. 100 ft. 100 ft. 100 ft. 3. Required Open Space .60 .65 .70 .70 Ratio 4. Maximum Building 30 40 60 None Height (in feet) (excluding enclosed parking)* for parcels less than 40,000 square feet 5. Maximum Building 60 60 80 None 11 Height (in feet) (excluding enclosed parking)* for parcels of 40,000 square feet or more 6. Maximum FAR .75 1.0 1.25 1.5 (without bonus) 7. Maximum FAR 1.5 1.75 2.00 2.25 (with bonus) 8. Minimum Floor 750 600 500 400 Area Per Dwelling Unit (in square feet) 9. Minimum Average 1000 900 800 750 Floor Area Per Dwelling Unit (in square feet) 10. Minimum Floor N.A. N.A. 400 400 Area Per Sleeping Unit (in square feet) 11. Minimum Yards Pursuant to Section 8 of Zoning Ordinance, except as modified by § 22-6G herein. 12. Minimum Parking Pursuant to Section 9 of Zoning Ordinance and Section 22-6H Requirement herein. 13. Minimum Off- Pursuant to Section 10 of Zoning Ordinance. Street Loading 14. Signs Pursuant to Section 11 of Zoning Ordinance. *enclosed parking shall meet the requirements set forth in Section 9-5 I of this Ordinance, shall be covered by a roof and shall contain no residential use. 12 C. Table of Commercial Performance Standards TABLE OF COMMERCIAL PERFORMANCE STANDARDS Commercial Subdistricts Performance Standard C-PS 1 C-PS 2 C-PS 3 1. Minimum Lot Area 10,000 10,000 10,000 sq.ft. sq.ft. sq.ft. 2. Minimum Lot Width 100 ft. 100 ft. 100 ft. 3. Maximum Building 40 ft. None None Height (in feet) (excluding enclosed parking)* 4. Maximum Floor Area 1.0 2.0 2.5 Ratio (without bonus) 5. Maximum Floor Area 2.0 2.5 3.5 Ratio (with bonus) 6. Residential Development Pursuant Pursuant Pursuant to all to all to all R-PS2 R-PS3 R-PS4 district district district regula- regula- regula- tions. tions. tions, except maximum floor area ratio shall be 3.5 and open space ratio shall be .60 measured at or above grade. 13 t 7. Minimum Floor Area 400 400 400 Per Sleeping Unit (in square feet) 8. Minimum Yards Pursuant to Section 8 of Zoning Ordinance except as modified by § 22-6G herein. 9. Minimum Parking Pursuant to Section 9 of Zoning Ordinance Requirements except as modified by § 22-6I herein. 10. Minimum Off-Street Pursuant to Section 10 of Zoning Ordinance. Loading 11. Signs Pursuant to Section 11 of Zoning Ordinance. *enclosed parking shall meet the requirements set forth in Section 9-5 I of this Ordinance, shall be covered by a roof and shall contain no residential use. D. Performance Standard Bonuses. In order to encourage the aggregation of parcels, an appropriate mix and scale of development, and architectural and site design compatible with the standards and guidelines of the Comprehensive Plan and the Redevelopment Plan, floor area ratios may be increased up to the maximums specified, in accordance with the applicable Table of Performance Standard Bonuses and the criteria enumerated therein. Floor area ratio bonuses may be accumulated by meeting one or more of the criteria as set forth in the applicable Table; provided, however, that in no event shall any use be permitted an increase in floor area ratio greater than the maximum specified in the applicable Table of Residential or Commercial Performance Standards, except through the use of development rights transfers. Bonuses shall be determined, in accordance with the applicable Table of Residential or Commercial Performance Standard Bonuses and the urban design and development guidelines incorporated in the adopted Redevelopment Plan, during the Design Review process pursuant to Section 23 of this Ordinance. E. Table of Residential Performance Standard Bonuses TABLE OF RESIDENTIAL PERFORMANCE STANDARD BONUSES Residential Bonus Factors Maximum Bonus 1. Parcel Aggregation a) for each 10,000 .15 increase in FAR sq.ft. above minimum lot area, up to 40,000 sq. ft. b) for each 20,000 .1 increase in FAR sq. ft. above 40,000 sq.ft. up • 14 to 80,000 sq. ft. 2. Dwelling Unit Size a) for each 100 sq.ft .1 increase in FAR increase in minimum average Floor Area Per Dwelling Unit up to 200 sq. ft. increase b) For each 100 sq. ft. .1 increase in FAR increase in minimum floor area per dwelling unit for all units, up to 200 sq. ft. increase 3. Design Features. All site plans shall be .75 increase in FAR (but consistent with Urban Design in no event, whether alone guidelines for the redevelop- or in combination with other ment area as set forth in the bonus factors as established adopted Redevelopment Plan and herein, to cause the project the adopted Private Sector to exceed the "maximum floor Development Controls and area ratio with bonus" as Guidelines (Ordinance No. set forth in Section 22-6B herein). 77-2099). The Design Review Board may recommend that the applicant receive a bonus, within the ranges herein specified, for exceptional achievement in urban design in any of the following areas: Maximum Permissible Bonus Range a) Planting and landscaping .05 - .15 —19 (considering type of plant materials, lushness, shading and cooling effect, screening, wind control effect, buffering effect, color, size and area of planting, maturity at time of initial planting, maintenance provisions, irrigation and 15 relationship to buildings and street scape) b) Paving .05 - .10 (considering surface material, solar reflection and absorption, texture and color, richness and unity, transition with public spaces, creation of arrival plaza and internal paving) c) grading .05 - :49 (considering slope, drainage, use of ground cover, air movement, use separation, public and private circulation, form and scale, visual interest, space creation, public- private transitions and continuity, and architectural integration) d) water features .05 -.10 (considering movement, sound, reflection, recreation, cooling effect, architectural effect, coordination with plaza or other special place, public-private transition, visual impact, and relation to overall project design) e) signs and graphics .05 - :49 (considering function and purpose scale, orientation, size, style, aesthetics, location, relationship to architecture, visual impact, consistency and uniformity, view blockage, illumination, movement, conflict and relationship to public and private spaces) f) street furniture .05 - :49 (considering pedestrian orientation, function, seating capacity, visual impact, integration with architectural and other design elements, integration with use of public spaces, and activity areas, uniformity of style, 16 • location and scale) g) lighting .05 - :4Q (considering function, circulation, security, identification, aesthetics, lighting of exterior spaces, lighting of planting, lighting of architec- tural and/or design features, lighting of parking area, lighting levels, impact beyond project, uniformity and consistency with architecture and other urban design features, type of lighting, and lighting fixtures) h) arcades .05 - .10 (considering pedestrian access, accommodation of activities, linkage in circulation pattern, relationship to architectural and urban design features, shading and cooling effect, protective effect, relationship to public and private spaces, accessi- bility and usability) 44 eReFgy eeRseFvatieR - :49 {€oRs deAAg eeR #gHcatieR; eF+eRtat+eR; size and sea4e; des}gR; eeRstPIet}eR detat r reehaRieaf systems; ee4e and riate4ta-is: i) site planning .05 - .15 :49 (considering vehicular and pedestrian circulation and orientation, parking location and access, quality and amount of open space, building setbacks, views and vistas, building orientation, relation to adjacent buildings and structures, relation to public and private spaces) j) building design .05 - .25 :4Q (considering scale, height, mass, facade, surface materials, rooftop, aesthetics, integration with urban design features, color, relation- 17 ship to adjacent buildings and spaces and continuity with respect to architectural design) F. Table of Commercial Performance Standard Bonuses TABLE OF COMMERCIAL PERFORMANCE STANDARD BONUSES Commercial Bonus Factors Maximum Bonus 1. Parcel Aggregation a) for each 10,000 sq. ft. .15 increase in FAR above minimum lot area, up to 40,000 sq. ft. b) for each 20,000 sq. ft. .1 increase in FAR above 40,000 sq. ft., up to 80,000 sq. ft. 2. Design Features All site plans shall be consistent .5 increase in FAR (but in no with Urban Design guidelines for the event, whether alone or in redevelopment area as set forth in combination with other bonus the adopted Redevelopment Plan and factors as established herein, the adopted Private Sector Development to cause the project to exceed Controls and Guidelines (Ordinance the "maximum floor area ratio No. 77-2099). The Design Review with bonus" as set forth in Board may recommend that the Section 22-6C herein, except applicant receive a bonus, within through use of development the ranges herein specified, for rights as provided in this exceptional achievement in urban Ordinance. design in any one or more of the following areas: Maximum Permissable Bonus Range a) planting and landscaping .05 - .15 —48 (considering type of plant materials, lushness, shading and cooling effect, screening, wind control effect, buffering effect, color, size and area of planting, maturity at time of initial planting, maintenance 18 provisions, irrigation and relationship to buildings and street scape) b) paving .05 - .10 (considering surface material, solar reflection and absorption, texture and color, richness and unity, transition with public spaces, creation of arrival plaza and internal paving) c) grading .05 - 48 (considering slope, drainage, use of ground cover, air movement, use separation, public and private circulation, form and scale, visual interest, space creation, public- private transitions and continuity, and architectural integration) d) water features .05 - .10 (considering movement, sound, reflection, recreation, cooling effect, architectural effect, coordination with plaza or other special place, public-private transition, visual impact, and relation to overall project design) e) signs and graphics .05 - .10 - (considering function and purpose, scale, orientation, size, style, aesthetics, location, relationship to architecture, visual impact, consistency and uniformity, view blockage, illumination, movement, conflict and relationship to public and private spaces) f) street furniture .05 - .10 (considering pedestrian orientation, function, seating capacity, visual impact, integration with architectural and other design elements, integration with use of public spaces and activity 19 areas, uniformity of style, location and scale) (g) lighting (considering function, circulation, .05 - .10 security, identification, aesthetics, lighting of exterior spaces, lighting of planting, lighting of architectural and/or design features, lighting of parking areas, lighting levels, impact beyond project, uniformity and consistency with architecture and other urban design features, type of lighting, and lighting fixtures) h) arcades .05 - .15 -:4A (considering pedestrian access, accommodation of activities, linkage in circulation pattern, relationship to architectural and urban design features, shading and cooling effect, protective effect, relationship to public and private spaces, accessibility and usability) 44 eReFgy eeaseFvatie :95 - 40 {eeRsideFiRg eeRfigeFatieR; eFieRtatieR; s+ze and sea4e; destgR; eeRstFeeti9RT detai4s;meelaaRieaf systeri s; eeMeF; and rR ateFta4s)) i) site planning .05 - .15 :4A (considering vehicular and pedestrian circulation and orientation, parking location and access, quality and amount of open space, building setbacks, views and vistas, building orientation, relation to adjacent buildings and structures, relation to public and private spaces) j) building design .05 - .25 :49 (considering scale, height, mass, facade, surface materials, rooftop, aesthetics, integration with urban design features, color, relationship to adjacent buildings and spaces and continuity with respect to 20 IP architectural design) 3. C-PS 2 Only a) Outdoor cafe (with minimum of 500 square .05 - .15 :4 increase in FAR feet) b) First Floor Commercial Use (with minimum .05 - .15 :4 increase in FAR of 1,000 square feet) c) Development Rights Transfer - for each 1,000 gross square foot development right increase in maximum permis- sible floor area C. Supplementary Yard Regulations 1. Applicability. The yard regulations set forth in this section (a) supplement the regulations set forth in Sections 8-1, 8-2, 8-6, 8-7 and 8-8 of this Ordinance, which remain applicable to all development in the PS district; and (b) substitute for the yard regulations set forth in Sections 8-3, 8-4 and 8-5 of this Ordinance, which shall not be applicable in the PS district. 2. Minimum Required Yards for R-PS 1-4 Districts. The following minmum yards are required for development in the R-PS 1-4 districts at and above grade level: Front and Rear Side 20' + 1' for each 10' the sum of the side yard widths shall he at in height above 60 feet least 25% of lot width, but no interior side measured from grade up to yard shall be less than 10% of the lot width a maximum front and rear or 10' whichever is greater; and no side yard setback of 40' each, adjacent to a street shall be less than 15 feet or 10% of the lot width, whichever is greater. The first 10' of such side yard adjacent to a street shall be developed and maintained as a landscaped area. Provided, however, that townhouse residential development as defined by and pursuant to the regulations established in Section 25 of this Ordinance on parcels not less than 21,000 square feet and at a height not greater than 30 feet above grade including enclosed parking shall be exempt from the side yard setback specified above and shall be subject in-lieu thereof to a minimum side yard setback of 10 feet; and shall be exempt from the minimum open space ratio otherwise required pursuant to Section 22-68 herein and shall be subject in-lieu thereof to a minimum open space ratio of .40. 21 3. Minimum Required Yards in Relation to Minimum Open Space Ratio. In all cases, except as otherwise provided herein, an applicant must comply with both minimum required yard and minimum open space requirements. Where the minimum open space ratio results in greater required open space at grade than that resulting from the minimum yards requirements alone, the applicant must provide not less than 50% of the difference in the form of open space at grade and the remainder either at or above grade. Open space above grade may be in the form of recreational facilities above the pedestal portion of the building. Required yards and open space, whether at or above grade, may not be utilized for parking or accessory structures except as set forth above; however, at-grade drives in the C-PS 3 District shall be permitted when said drive is not less than 71/2 feet from the property line. 4. Minimum Required Yards for C-PS 1-3 Districts. (a) The following minimum yards are required for non-residential development in the C-PS 1-3 districts and residential development in the C-PS 3 District at and above grade levels: Front Rear Side (total) 10 feet, but no point 10 feet or 10% of 10% of the width of the lot on a building shall be the building height, or 10% of the height of the closer to the front lot whichever is greater. building, whichever is line than one-half the greater; provided, however, height of the point that no side yard adjacent above grade; not with- to a street shall be less standing the above no front than 10 feet and no point on setback shall be required the building shall be for buildings in the C-PS 2 closer to the centerline district whose front lot of a side street than one- line is on Fifth Street half the height of the point (Miami Beach Boulevard) above grade. Not withstanding and the minimum required the above, the minimum required setback in the C-PS 3 side yard setback in the C-PS 3 District for buildings District along Biscayne Street fronting on the east side east of Washington Avenue shall of Washington Avenue shall be 15 ft. provided however all be a constant twelve (12) other side yard setback require- feet. ments shall remain applicable. (b) Residential development in the C-PS 1-3 districts shall be subject to the yard and other regulations applicable to the appropriate R-PS district as shown in Section 22-6C and Section 22-6G (1) - (3) of this Ordinance. (c) Mixed use development in the C-PS 1-3 districts shall be subject to the minimum required yards for non-residential development pursuant to Section 22- 6G4(a) if 25% or less of the total area of such building is used for dwelling purposes. If 25% or more of the total area of such building is used for dwelling purposes, the building shall be subject to the 22 minimum required yards for residential development pursuant to Section 22-6G4(b) as modified by the following: (1) where such use abuts a public off-street parking area, the residential rear yard requirement may be reduced by one-half, but shall, in no event, he less than 10 feet; (2) minimum required yards for residential development shall be applied only to the lowest floor (and all floors above it) which contain one or more dwelling units; otherwise, applicable non-residential yard requirements shall apply; and (3) where the applicant incorporates an atrium or other interior space at the ground level and extending to the top floor of the structure, an "interior setback" credit shall be applied for such square footage at ground level against the otherwise required exterior setbacks, but, in no event shall any exterior setbacks be less than that required for non-residential development in the C-PS 1-3 districts. For purposes of this subsection only, hotels and motels shall be considered as non-residential uses. I-I. Alternative Parking Requirement for Multi-Family Residential Development in R-PS Districts. In lieu of meeting the multi-family residential parking requirement as set forth in Section 9-2A(4) of this Ordinance, the applicant may provide one (1) parking space per dwelling unit, regardless of size of unit or number of bedrooms, on site, and pay a fee in the amount of Five Thousand Dollars ($5,000.00) per space in lieu of providing the otherwise required parking pursuant to Section 9-2A(4), representing the difference between one (1) parking space per unit and the requirements of Section 9-2A(4). The fee shall be paid prior to issuance of a building permit for such development and all fees collected shall be placed in a special interest- bearing South Pointe Development Area Off-Street Parking Fund, and such fees and interest thereon shall be dedicated toward and used solely and exclusively for the development of off-street parking in the South Pointe Redeveloment area pursuant to the adopted Redevelopment Plan and any amendments thereto. I. Supplemental Parking Regulations: C-PS3 District 1.25 parking spaces per dwelling unit, 1 parking space per sleeping unit, and 2.5 parking spaces per 1,000 square feet of commercial space. Up to forty percent (40%) of the total parking spaces created on the parcel may be for compact cars. Required parking for hotel, hotel accessory uses and club uses may be satisfied through the provision of valet parking spaces. Twenty percent (20%) of dwelling unit parking spaces may be satisfied through the provision of valet parking spaces. Parking spaces shall be sized in accordance with the following chart: Parking Angle Standard Spaces Compact Spaces 90° 9'0" Wide 7'8" Wide 18'0" Long 15'0" Long 60° 8'6" Wide 7'6" Wide 18'0" Long 15'0" Long 45° 8'6" Wide 7'6" Wide 23 18'0" Long 15'0" Long Parallel 9'0" Wide 7'8" Wide 23'0" Long 20'0" Long Handicapped 12'0" Wide -- 18'0" Long Access aisles shall be provided in accordance with the following chart: Width of Aisle: Width of Aisle: Width of Aisle Angle of One-Way Traffic Two-Way Traffic One-Way Traffic Size/Car Parking Double Loaded Double Loaded Single Loaded Standard 90° 23.0 feet 23.0 feet 23.0 feet Standard 60° 11.8 feet 19.3 feet 12.7 feet Standard 45° 9.5 feet 18.5 feet 10.8 feet Compact 90° 20.0 feet 21.0 feet 20.0 feet Compact 60° 9.5 feet 19.0 feet 10.3 feet Compact 450 9.2 feet 18.7 feet 10.6 feet Standard Parallel 10.0 feet 20.0 feet 10.0 feet & Compact Parking Section 22-7. Development Rights Transfer A. Transfer Areas The R-PS 1 and 2 subdistricts are designated, for purposes of this section, as the transferor area and the C-PS 2 subdistrict is designated, for purposes of this section, as the receiving area. B. Attachment of Development Rights Any owner of property in the transferor area may, upon construction of a new development or substantial rehabilitation of an existing development with a density less than 60 units per acre, acquire and transfer development rights to properties in the receiving area. C. Calculation of Development Rights Equivalencies Each development right shall be equivalent, upon transfer, to a 1,000 gross square foot increase in the maximum permissible floor area otherwise permitted on the receiving area site in the first three (3) years following the effective date of this subsection as provided in E, below. Thereafter, each development right shall have the following equivalent values: 24 Year Gross Square Foot Increase in Floor Area in Receiving Area Year 4 900 Year 5 800 Year 6 700 Year 7 600 Year 8 500 Year 9 400 Year 10 300 Year 11 200 Year 12 100 Year 13 and after 0 Development rights shall accrue at the following rate: 1 per dwelling unit if resulting from substantial rehabilitation on the transferor area site; 1.5 per dwelling unit if resulting from new construction on the transferor area site, if such site is less than 40,000 square feet; and 2 per dwelling unit if resulting from new construction on the transferor area site, if such site is 40,000 square feet or greater. D. Limitations on Development Rights Transfers in C-PS 2 Subdistrict Development rights may be transferred to properties in the receiving area only. The maximum increase in permissible square footage of development on a site in the receiving area on which development rights are being used may not exceed 50% of the total square footage otherwise permissible pursuant to this Ordinance without use of development rights. E. Development Right Administration The City Commission shall formulate and adopt appropriate rules and regulations to guide the implementation of this provision consistent with the language herein and the intent of this section. This subsection will become effective when such rules and regulations have been adopted by the City Commission. Section 22-8 Procedure for Review and Approval of Uses in the Performance Standards District A. Permitted Uses: Applicants for a building permit for the construction, or for the repair or rehabilitation of a permitted use in the Performance Standards District shall be subject to the requirements of Section 14 and Section 23 as to required site plan review and design review. B. Conditional Uses: Applicants for a conditional use in the Performance Standard District shall be required to obtain such aproval in accordance with the procedures and subject to the requirements of Section 7 of the Zoning Ordinance, and shall additionally be subject to the requirements of Section 14 and Section 23 of the Zoning Ordinance as to required site plan review and design review. To the maximum extent possible, these processes and the requirements therefor shall be coordinated so as to avoid unnecessary duplication and expense. 25 C. Variances: Applications for variances may be made by the applicant pursuant to the procedure and subject to all requirements as set forth in Section 13 of the Zoning Ordinance. D. Development Agreements: As a condition of site plan and/or design review, the City and the applicant may enter into a Development Agreement by which the applicant may be assured that upon approval, the project will be permitted to proceed in in accordance with existing ordinances and regulations, and by which the applicant and the City may agree to certain terms and conditions relating to the timing of development, provision of public facilities, vacation, dedication and such other matters as may reasonably relate to the project. Section 22-9 Administration A. Enforcement Enforcement of this Ordinance shall be pursuant to the provisions of Section 14-1 of the Zoning Ordinance. B. Interpretation Interpretation of this Ordinance shall be pursuant to the provisions of Section 15 of the Zoning Ordinance. C. Violations and Penalties Violations of this Ordinance and penalties therefore shall be pursuant to the provisions of Section 17 of the Zoning Ordinance. SECTION 4. INCLUSION IN ZONING ORDINANCE NO. 1891 It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the City of Miami Beach Zoning Ordinance No. 1891 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 5. REPEALER All ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 6. SEVERABILITY If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of any competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not affect the validity of the remaining portions of this Ordinance. 26 1' SECTION 7. EFFECTIVE DATE This ordinance shall take effect thirty (30) days after adoption, on October 19 ,1984. PASSED AND ADOPTED this 19th day of September ,1984. —1/41°. 4/4/ MAYOR ATTEST: CITY CLERK First Reading - 9/5/84 (As amended) Second and Final Reading - 9/19/84 (As amended) R W P/JK/nkm FORM APPROVED .LEGAL DEPT. By : 6a/14-64' Date 10 — 2 - 27 I_________I I I II 11 II I / /I , •tIU ill W, W W W7itThlYI 2. l2. t t tt s ST 111P \mmQ 0 .+— '� _ � W au �_S T �' / I ii 7` I 0 J z 0 a MU \ W ST L777j 1 'lli P \mm a 2700 1 7 14111r0:01;11 I ST€ t27 aka - ,, it 'lf Q0 u 0\ii Ezim 7T 1itl P84 �� al �/ —s �, iz ,, 11j 4 [ Io _ . COMMERCE ST2 C D\ im II BISCAYNE. ST Ali I C—PS3 I) LEGEND Riipi I R—PS1 RESIDENTAL PERFORMANCE / THRU 4 STANDARD 1 C—PSt COMMERCIAL PERFORMANCE %'I THRU 3 STANDARD I M—U MUNICIPAL USE (1 MR MARINE RECREATIONAL \ SOUTH POINTE ZONING MAP 4-1 0 H 0 °o, U 0 ,� • bo Q P ›,d ) l° P •• C .[ 4U) co .7 4-i cll CY C) a) b0 'J, c,-) H •ri -u 7, co 0. 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