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
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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
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constant projected line 152.20 feet south of the extension of the southernly
end of Biscayne Street.
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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.
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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
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Accessory P P P P P P P P
P - Main Permitted Use C - Conditional Use N - Not Permitted
12-5 PERFORMANCE STANDARD REGULATIONS
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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.
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* 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:
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
JK:asr
November 7, 1985
1st Reading - February 19, 1986
2nd Reading - March 5, 1986 (as amended)
FO1 APP ':JE
� �E.EL DEN'
...4 -2„ ....._
The above Ordinance is a true and correct copy of the Ordinance prepared
by the Planning Department and passed by the City Commission on final
reading on March 5, 1986.
--41-21/:1--±— L-444;4/.1/(
(/-:/-
Jud Kurlancheek
Planning Director
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