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Ordinance 86-2501 ORDINANCE NO. 86-2501 AN ORDINANCE OF THE CITY OF MIAMI BEACH FLORIDA, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 1891; PROVIDING FOR AMENDMENTS TO SECTION 4-1(A); CREATING A NEW ZONING DISTRICT ENTITLED C-PS4 COMMERCIAL INTENSIVE PHASED BAYSIDE MIXED USE; PROVIDING FOR AN AMENDMENT TO SECTION 4-3,A-7 BY DEFINING THE SOUTHERN BOUNDARY LINE OF BOTH THE C-PS4 DISTRICT AND THE BOUNDARY BETWEEN THE ATLANTIC OCEAN AND BISCAYNE BAY AS THE LINE 152.20 FEET SOUTH OF AND PARALLEL WITH THE EXTENSION OF THE SOUTHERN END OF BISCAYNE STREET; PROVIDING FOR AN AMENDMENT TO SECTION 6-16(A) BY DESIGNATING ALL PROPERTY OWNED BY THE CITY OF MIAMI BEACH REDEVELOPMENT AGENCY TO BE AUTOMATICALLY ZONED MUNICIPAL USE (MU) DISTRICT UNLESS OTHERWISE DESIGNATED BY THE CITY COMMISSION PURSUANT TO THE CHANGE OF ZONING PROCEDURES; PROVIDING FOR AN AMENDMENT TO SECTION 8-6 BY CLARIFYING THE TERM 'OCEANFRONT LOTS'; PROVIDING FOR AN AMENDMENT TO SECTION 11 CREATING SIGN REGULATIONS IN THE C-PS4 DISTRICT; PROVIDING FOR AN AMENDMENT TO SECTION 12 ESTABLISHING ZONING REGULATIONS IN THE C-PS4 DISTRICT; PROVIDING FOR AN AMENDMENT TO SECTIONS 12-6 AND 12-7 RELATING TO THE TRANSFER OF DEVELOPMENT RIGHTS AND UNUSED FLOOR AREA; PROVIDING FOR AN AMENDMENT TO SECTION 21 REQUIRING THAT ALL CITY OWNED PROJECTS, REGARDLESS OF THE ZONING DISTRICT CLASSIFICATION, BE INCLUDED WITHIN THE PURVIEW OF THE DESIGN REVIEW BOARD AND PERMITTING THE PLANNING DIRECTOR TO APPROVE MINOR ALTERATIONS TO EXISTING BUILDINGS, SIGNS, AND FENCES; PROVIDING FOR AN AMENDMENT TO THE CITY'S OFFICIAL ZONING MAP BY EXCLUDING A CERTAIN PARCEL OF LAND (SEE ATTACHED MAP AND LEGAL DESCRIPTION) FROM THE MUNICIPAL USE (MU) DISTRICT AND INCLUDING THE SAME IN THE COMMERCIAL INTENSIVE PHASED BAYSIDE MIXED USE (C-PS4) DISTRICT; PROVIDING FOR REPEALER, SEVERABILITY, INCLUSION IN THE ZONING ORDINANCE AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA; SECTION 1. That Section 4, Subsection 4-1, of the Ordinance No. 1891 is hereby created to read as follows: SECTION 4 ZONING DISTRICTS 4-1 DISTRICTS ESTABLISHED. A. To achieve the purposes of this Ordinance and of Part I, Division II, Article VI, Related Laws, The Code of the City of Miami Beach, Florida, and regulate the use of land, water and buildings, height and bulk of buildings and other structures, and population density and open space, the City is hereby divided into the following districts: SYMBOL DISTRICT RS-1 Single-Family Residential RS-2 Single-Family Residential -1- • RS-3 Single-Family Residential RS-4 Single-Family Residential RM-14 Multiple-Family Low Density RM-24 Multiple-Family Medium Low Density RM-60 Multiple-Family Medium Density RM-100 Multiple-Family Medium High Intensity RM-125 Multiple-Family High Density C-1 Neighborhood Business C-2 General Office C-3 Central Business C-4 Business C-5 General Business C-6 Intensive Commercial RH Hospital District MR Marine Recreational MU Municipal Use PUD Planned Unit Development HM Hotel-Motel District CCC Convention Center District MD-1 Marine District MD-II Marine District NH Nursing Home R-PS 1 Residential Medium-Low Density R-PS2 Residential Medium-Low Density R-PS3 Residential Medium-High Density R-PS4 Residential High Density C-PSI Commercial Limited Mixed Use C-PS2 Commercial General Mixed Use C-PS3 Commercial Intensive Mixed Use C-PS4 Commercial Intensive Phased Bayside Mixed Use SECTION 2. That Section 4, Subsection 4-3,A-7, of the Ordinance- No. 1891 is hereby created to read as follows: 4-3 INTERPRETATION OF DISTRICT BOUNDARIES. A. A district name or symbol shown on the district maps indicates that the regulations pertaining to the district designated by that name or letter-number combination extend throughout the whole area in the municipality bounded by the district boundary lines within which such name or symbol is shown or indicated, except as otherwise provided by this section. Where uncertainty exists with respect to the boundaries of the various districts as shown on the map accompanying and made a part of this Ordinance, the following rules apply: 7. The boundary line between the Atlantic Ocean and Biscayne Bay shall be a • constant projected line 152.20 feet south of the extension of the southernly end of Biscayne Street. -2- SECTION 3. That Section 6, Subsection 6-16,A, of the Ordinance No. 1891 is hereby amended to read as follows: 6-16 MU MUNICIPAL USE DISTRICT. A. District Purpose. Upon ownership of any property by the City or the Miami Beach Redevelopment Agency, said property shall automatically convert to a MU Municipal Use District unless otherwise designated by the City Commission pursuant to Section 17, Changes and Amendments. However, the use and development of City-owned property, regardless of the zoning district classification, shall be consistent with the regulations as set forth in Section 6-16(B) and pursuant to the Conditional Use Procedures as listed in Section 7 of this Ordinance. SECTION 4. That Section 8, Subsection 8-6, of the Ordinance No. 1891 is hereby amended to read as follows: 8-6 OCEANFRONT LOTS - For purposes of this section, the term 'Oceanfront Lot'_shall mean all lots in whole or in part, whoAe district boundary includes the an established Bulkhead Line adjacent to the Atlantic Ocean. Land located between the Erosion Control Line and the established Bulkhead Line is not included in this definition. SECTION 5. That Section 11, Subsection 11-2,J, of the Ordinance No. 1891 is hereby amended to read as follows: J. Signs Permitted in the C-PS 1-34 Districts Zoning Notes Awning/ Flat Projecting Detached District Marquee (Pole/Pylon) C-PS 3 Aggregate 15 sq. ft. 15% of wall 40 sq. ft. 40 sq. ft. and Sign Area 100 sq. ft. C-PS4 200 sq. ft./ maximum 100 ft. of street frontage SECTION 6. That Section 12 of the Ordinance No. 1891 is hereby amended to read as follows: 12-2. 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 geRefal4y consists of all pr4vate4y-ewRed land in the South Shore Redevelopment area and consists of four districts including: 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 and MU Municipal Use District and MR Marine Recreation District. -3- 12-3. DISTRICT PURPOSE AND SUBDISTRICTS 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; large commercial, medium to high density residential and/or mixed use developments in phases over time where the overall development at a single point in time or in a single instance by private owners would not be practicable; aAd providing for 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-PS 1 Limited Mixed-Use Commercial C-PS2 General Mixed-Use Commercial C-PS3 Intensive Mixed-Use Commercial C-PS4 Intensive Mixed-Use Phased Bayside Commercial 12-4. USE REGULATIONS B. Table of Permitted Uses Districts and Subdistricts General Residential-Performance Commercial-Performance Use Category Standards Standards R-PSI R-PS2 R-PS3 R-PS4 C-PS I C-PS2 C-PS3 C-PS4 Residential P P P P P P P P Hotel/Motel N N C P C P P P Commercial N N N N P P P P Office N N N N P P P P Institutional C C C C C C C C -4- Accessory P P P P P P P P P - Main Permitted Use C - Conditional Use N - Not Permitted 12-5 PERFORMANCE STANDARD REGULATIONS • C. Table of Commercial Performance Standards Commercial Subdistricts Performance Standard C-PSI C-PS2 C-PS3 C-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. Maximum Building 40 ft. None None None Height (in feet) (excluding enclosed parking)* 4. Maximum Floor Area 1.0 2.0 2.5 2.5 Ratio (without bonus) 5. Maximum Floor Area 2.0 2.5 3.5 3.5 Ratio (with bonus) 6. Residential Development Pursuant Pursuant Pursuant to all R-PS4 district regula- to all to all tions, except maximum floor area R-PS2 R-PS3 ratio shall be 3.5 and open space district district ratio .60 measured at or above grade. regulations. regulations. 7. Minimum Floor Area 400 400 400 400 Per Sleeping Unit (in square feet) 8. Minimum Yards Pursuant to Section 8 of Zoning Ordinance except as modified by 12-5G herein. 9. Minimum Parking Pursuant to Section 9 of Zoning Ordinance except as modified Requirements by 12-5,I herein. 10. Minimum Off-Street Pursuant to Section 9 of Zoning Ordinance. Loading 11. Signs Pursuant to Section 11 of Zoning Ordinance. -5- * 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. For purposes of this Section, bathrooms, clothes, washers and dryers and other similar uses shall be permitted in parking garage structures. G. Supplementary Yard Regulations 1. Applicability. The yard regulations set forth in this section (a) supplement or substitution, in whole or in part, 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. 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 mus4 shall provide not less than 50% of the difference in the form of open space at grade. For projects in the C-PS4 District, the open space ratio may include open space on roof-top decks which are less than fifty (50) feet above grade; except that in the C-PS4 District the applicant shall provide not less than 25% of the difference in the form of open space at grade; at least 25% of the roof top deck shall actually constitute living landscape material. 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 7V2 feet from the property line. Required yards and open space, whether at or above grade in the C-PS4 District may be utilized for drives and off-street parking and continue to qualify for such treatment except that if drives are ramped, they shall be at least seven and one half (7 1/2) feet from the front property line and, not more than ten (10) feet or one level above grade at their highest point and the total length of the elevated drive shall not exceed forty percent (40%) of that portion of the lot fronting on the adjacent street. Required yards adjacent to Biscayne Bay in the C-PS4 District may be utilized for open and unenclosed decks, platforms, planters, canopies, canvass type awnings, baywalks or removable furniture such as tables and chairs. Required sideyards in the CPS-4 district may have public walkways that are partially covered. 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: -6- Front Rear Each Side 44eta44 Yard 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. 5. Minimum Required Yards for C-PS4 District. All development in the C-PS4 District shall be subject to minimum required yards at or above grade levels as follows: Front Rear Side yard (total) 20 feet 25 feet the sum of the side yards shall be 10% of the width of the lot, however, that the minimum side yard adjacent to a public street shall be 10 feet and the minimum interior side yard shall be 20 feet except where such interior side yard is adjacent to property owned by the City or a public agency where the yard requirements shall be increased or decreased as set forth in a Development Agreement. I. Supplemental Parking Regulations: C-PS3 and C-PS4 Districts 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. -7- SECTION 7. That Section 12, Subsection 12-6, of the Ordinance No. 1891 is hereby amended to read as follows: 12-6. DEVEbQPMENT RIGHTS TRANSFER TRANSFER OF DEVELOPMENT RIGHTS AND UNUSED FLOOR AREA E A. Transfer of Development Right and Unused Floor Area Administration Upon the direction of the City Commission the Planning Department shall formulate and adopt appropriate rules and regulations to guide the implementation of this prevtsieR subsection consistent with the language herein and the intent of This seetieR the Comprehensive Plan. This subsection (12-6) w4 beeeme shall only become effective when such rules and regulations have been adopted by the City Commission. The adoption process to consider Rules and Regulations for the Transfer of Development Rights and Unused Floor Area shall be pursuant to Section 17, Changes and Amendments. A B. Transfer and Receiving Arehs Districts The R-PSI, R-PS2, subelistriets and the MU Districts are designated; for purposes of this subsection as The transferor area districts and the C-PS2 and C-PS4 sebdistricts is are designated; fey purposes of thfs se€4eeT as the receiving area districts; however, there shall be no transfer of development rights or unused floor area from a MU District to any other district other than the CPS-4 district. Development Rights shall only be transferred from designated transfer districts to properties in designated receiving districts. The transfer of development rights or unused floor area shall be approved by the Planning Department and recorded in the Public Records of Dade County, Florida prior to the issuance of a building permit for a development in a receiving district. B C. Attachment of Development Rights and Unused Floor Area ARy ewAer of property IR the traRsferer area may; UpeR eeRstFdet eA of a Upon the issuance of a Certificate of Occupancy for a new development or substantial rehabilitation of an existing development with a each having density less than 60 units per acre7 utilizing the maximum permissable floor area ratio of the property without bonus the owner of property in the transferor area is permitted to aegbfre and transfer development rights or unused floor area to properties in The a receiving area. Once development rights or unused floor area is transferred from a property, additional density or floor area shall not be permitted in the transfer area. C D. 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 -8- the effective date of this subsection as provided in A, be4ew above. Thereafter, each development right shall have the following equivalent values: 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: One (1) per dwelling unit if resulting from substantial rehabilitation on the transferor area site; one and a half (1 1/2) per dwelling unit if resulting from new construction on the transferor area site, if such site is less than forty thousand (40,000) square feet; and two (2) per dwelling unit if resulting from new construction on the transferor area site, if such site is 40,000 square feet or greater. E. Unused Floor Area Each square foot of floor area transferred from the transferor district to a property in the receiving district shall increase by one (1) square foot the maximum permissible floor area (without bonus) otherwise permitted in the receiving area. In no instance shall the maximum floor area being transferred exceed that which is set forth in a Development Agreement for projects in a C-PS4 district. For projects in other receiving districts, the maximum floor area being transferred shall not exceed 25% of the maximum floor area ratio without bonus in said receiving district. However, the transfer of unused floor area in the C-PS2 district shall be as set forth in Section 12-6,F. D F. Limitations on Transfers of Development Rights Traasfers in C-PS2 District Develei eRt rights may be traAsferred to prepeF#+es +A the reeefv4Ag area eR4yT The maximum increase in permissible square footage of development on a site in a CPS-2 District, fA the receiving area on which development rights are being used may shall not exceed 50% of the total square footage otherwise permissible pursuant to this Ordinance without use of development rights. -9- G. DEVELOPMENT RIGHTS AND UNUSED FLOOR AREA DISTINCTION The transfer of Development rights and unused floor area may be subject to different rules and regulations, although both matters are addressed in subsection 12-6, as both are districts and serve different planning goals. 12-7 PROCEDURE FOR REVIEW AND APPROVAL OF USES IN THE PERFORMANCE STANDARDS DISTRICT 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 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, transfer of development rights or unused floor area as permitted pursuant to Section 12-6, the reduction of side yards as permitted pursuant to Section 12-5,G5 and such other matters as may reasonably relate to the project, SECTION 8. That Section 21, Subsection 21-3,A and 21-5,F of Zoning Ordinance No. 1891, is hereby amended to read as follows: 21-3 APPLICABILITY AND EXEMPTIONS. A. Applicability. All building permits for new construction, alterations, or additions to existing buildings within the following areas shall be subject to review by the Design Review Board. No building permit shall be issued without the express written approval by the Design Review Board or as otherwise provided for in these regulations for the following areas: 1. Any user structure or building located between the oceanfront bulkhead line and the erosion control line. 2. Any user structure or building within the fifty (50) foot bulkhead rear yard setback for oceanfront lots. 3. Any user structure or building within Marine Districts (MD) I and II, the Municipal Use (MU) District, and Convention Center (CCC) District except for the following projects which have been either conceptually approved and submitted to the City Commission for consideration prior to the effective date of this subsection: The Convention Center Expansion, TOPA, Miami Beach Marina, South Pointe Park and Specialty Restaurant, Island View Park, Police and Justice Center, 21st Street Recreation Center and Fire Station No. 2. 4. Any City-owned structure or building regardless of the zoning district classification. -10- 4 .5. Any use, structure or building located within a designated redevelopment area. 21-5 DESIGN REVIEW PROCEDURE F. Special Review Procedure For minor work associated with alterations and additions to existing buildings, or the construction, repair, or alteration of new or existing walls, at grade parking lots, fences, and signage including change of copy, the Planning Director or his designated representative, upon the written authorization of the Chairperson of the Design Review Board, shall have the authority to approve, approve with conditions or deny an application on behalf of the Design Review Board. Appeal of the Planning Director's €iediRg decision shall be to the geaFd and scheduled considered by the Board at the next regular meeting date. SECTION 9. That Section 23, Subsection 23-10, of Zoning Ordinance No. 1891 is hereby amended to read as follows: 23-10 MAPS Designation of Zoning Districts, MF Districts, Overlay Zones on the Official Zoning Map. The Official Zoning Map shall indicate the location of Zoning Districts, MF Districts, and Overlay Zones. The below tables explain the symbols used for each designation: A. Explanation of Symbols. Zoning Districts Symbol Use Density (U/A) RS-1 Single Family Residential 1.452 RS-2 Single Family Residential 2.42 RS-3 Single Family Residential 4.356 RS-4 Single Family Residential 7.26 RM-14 Multiple Family Low Density 14 RM-24 Multiple Family Medium Low Density 24 RM-60 Multiple Family Medium Density 60 RM-100 Multiple Family Medium High Density 100 RM-125 Multiple Family High Density 125 PUD Planned Unit Development Res. District as specified C-1 Neighborhood Business 60 C-2 General Office 100 C-3 Central Business 125 C-4 Business 125 C-5 General Business 100 C-6 Intensive Commercial 0 -11- S. RH Hospital District 0 MR Marine Recreational 0 MU Municipal Use 0 HM Hotel-Motel 220 CCC Convention Center District as specified MD-I Marine District 0 MD-II Marine District 0 NH Nursing Home District as specified R-PS 1 Residential Medium Low Density N/A R-PS2 Residential Medium Density N/A R-PS3 Residential Medium High Density N/A R-PS4 Residential High Density N/A C-PS 1 Commercial Limited Mixed Use N/A C-PS2 Commercial General Mixed Use N/A C-PS3 Commercial Intensive Mixed Use N/A C-PS4 Commercial Intensive Phased Bayside Mixed Use N/A Note: Except as otherwise provided in Section 6-16, all city-owned properties are zoned MU although they may not'be designated on the map. N/A - means not applicable SECTION 10. That the following parcel of land (see attached map) NORTH PARCEL Lot 30 through 42 inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof recorded in Plat Book 2, Page 81, of the Public Records of Dade County, Florida. ALSO: Lots 43, 44, 45, 46, 47, 48A, 49B, and 50C of DADE COUNTY PROPERTY, according to the Plat thereof, recorded in Plat Book 14, Page 70, of the Public Records of Dade County, Florida. SOUTH PARCEL Lots 1 through 14, inclusive, in Block 111, of OCEAN BEACH FLORIDA ADDITION NO. 3, according to the Plat thereof as recorded in Plat Book 2, Page 81, in the Public Records of Dade County, Florida; ALSO: That part of Biscayne Street (also known as Biscayne Avenue) as shown on said Plat of OCEAN BEACH FLORIDA ADDITION NO. 3, lying westerly of the southerly projection of the west Right of Way -12- f • line of Jefferson Avenue as shown on said Plat and being bounded on the west by Biscayne Bay. ALSO: All that part of the North 132.0 feet of Section 10, Township 54 South, Range 42 East, described as: Beginning at a point on the Northern boundary of said Section 10, which is intersected by the easterly boundary of Jefferson Avenue extended southerly across Biscayne Street as a point or place of beginning: thence, southerly continuing the easterly boundary of Jefferson Avenue extended for a distance of 132.0 feet to a point; thence westerly 208.1 feet more or less along a line parallel to and 132.0 feet southerly from the northern line of said Section 10 to Biscayne Bay; thence northwesterly meandering the Bay to the intersection of the northern line of Section 10; thence easterly along the northern line of Section 10, 285.0 feet more or less to the point or place of beginning; (the northerly boundary of said Section 10 being common with the southerly boundary of.,Biscayne Street). Also described as: All of that part of the north 132.0 feet of Section 10, Township 54 South, Range 42 East, known as Tract A or the Smith Company Bay Front Tract, more particularly described as follows, to wit: Bounded on the north by the northern line of said Section 10; bounded on the east by the east line of Jefferson Avenue extended; bounded on the south by a line parallel to and distant 132.0 feet south of the northern line of said Section 10, and bounded on the west by Biscayne Bay, be and the same is hereby excluded from the MU Municipal Use District and included in the C-PS4 Commercial Intensive Phased Bayside Mixed Use District set forth in Zoning Ordinance No. 1891. SECTION 11. INCLUSION IN ZONING ORDINANCE NO. 1891 It is the intention of the City Commission, and it is hereby ordained that the provision 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 another appropriate word. SECTION 12. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 13. SEVERABILITY. If any section, sub-section, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hold shall not affect the validity of the remaining portions of this Ordinance. -13- • SECTION 14: EFFECTIVE DATE This Ordinance shall become effective ten (10) days after adoption, on March 15 , 1986. PASSED AND ADOPTED THIS 5th day of March , 1986 40110Pf ",!lif MAYOR ATTEST: CITY CLERK Words stFdek through have been eliminated. Words underlined are new language. 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