Ordinance 91-2731 Ordinance No. 91-2731
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING SECTION 10-5 OF THE MIAMI BEACH
CITY CODE SAID SECTION ENTITLED "CANVASS OF RETURNS;
INSTALLATION OF NEW OFFICERS" BY PROVIDING THAT THE CITY
COMMISSION SHALL MEET ON THE FIRST WEDNESDAY AFTER A
GENERAL ELECTION, AND IN THE EVENT A RUN-OFF ELECTION IS
NECESSARY THE COMMISSION SHALL MEET ON THE FIRST
WEDNESDAY AFTER SAID RUN-OFF ELECTION, FOR THE PURPOSE OF
CANVASSING THE RETURNS OF SUCH ELECTION(S) AND
ASCERTAINING THE RESULTS THEREOF WITH NEW OFFICERS TO BE
DECLARED ELECTED ON THE FIRST WEDNESDAY AFTER THE GENERAL
ELECTION (SHOULD NO RUN-OFF ELECTION BE NECESSARY) , AND
IN THE EVENT A RUN-OFF ELECTION IS NEEDED, ALL NEW
OFFICERS SHALL BE DECLARED ELECTED ON THE FIRST WEDNESDAY
AFTER SAID RUN-OFF ELECTION AND THE COMMISSION MEETING
OCCURRING ON THE FIRST WEDNESDAY AFTER THE GENERAL
ELECTION SHALL OCCUR FOR THE LIMITED PURPOSE OF
CANVASSING THE RETURNS OF SUCH GENERAL ELECTION;
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA.
SECTION 1.
That Miami Beach City Code Section 10-5 entitled "Canvass of
returns; installation of new officers. " is hereby amended to read
as follows:
Sec. 10-c Canvass of returns; installation of 1-1w
The City Commission shall meet on the first Wednesday after a
general election or as soon thereafter as practicable, and in
the event a run-off election is necessary the City Commission
shall meet on the first Wednesday after said run-off election,
for the purpose of canvassing the returns of such election(s)
and ascertaining the results thereof_ and installing Should
no run-off election be necessary new officers whom thcy shall
be declared elected subsequent to canvass of election returns
on the first Wednesday after the general election (or as soon
thereafter as practicable) , at which time the new officers
shall be se installed and shall enter upon the discharge of
their duties; in the event a run-off election is necessary,
all new officers shall be declared elected subsequent to
canvass of election returns on the first Wednesday after said
run-off election, at which time the new officers shall be
installed and shall enter upon the discharge of their duties.
Moreover, in the event a run-off election , is necessary, the
1
Commission meeting occurring on the first Wednesday after the
general election shall occur for the limited purpose of
canvassing the returns of such general election.
SECTION 3 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 4. SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is
held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect ten (10) days after its adoption,
on February 2 1991.
PASSED and ADOPTED this 23rd day of January
1991.
pc\csx4
VICE -MA OR
Attest:
FORM APPROVED
CITY CLERK LE ,' L DE'
(As Amended on 1st Reading on 1/9/91) II r
By It' A. f.
1st reading 1/9/91
2nd reading 1/23/91 Date
2
•
OFFICE OF THE CITY ATTORNEY
91 eAme evead4 PI IPA I I I
.�
F L O R I D A
ArAikT'
pMco:r P,O.BOX O
LAURENCE FEINGOLD
CITY ATTORNEY 26"�- MIAMI BEACH, FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: Cat—(1 ‘
DATE: JANUARY 9, 1991
TO: Mayor Alex Daoud and
Members of the City Commission
City Manager Rob W. Parkins
FROM: Laurence Feingold
City Attorney
SUBJECT: AMENDMENT TO SECTION 10-5 OF MIAMI BEACH CITY CODE
GOVERNING INSTALLATION OF NEWLY ELECTED OFFICERS
As a result of the electorate' s November 6, 1990 approval of a
ballot question concerning staggered terms and run-off elections,
Section 8 of the Miami Beach City Charter was amended to provide
for a run-off election to occur two weeks from the date of the
general election; as such, under existing Charter provisions, the
next City of Miami Beach general election will be held on November
5, 1991, with a run-off election occurring on November 19, 1991, if
necessary.
Under the existing election schedule, incumbent officials would
hold-over their official seats until the final canvassing of run-
off election returns (November 20, 1991) at which time the newly
elected officials would assume their duties--this scheme thus
changes the tradition of installing officers the day following a
general election.
In light of the above, and as a housekeeping matter, the attached
Ordinance amending Miami Beach City Code Section 10-5 governing the
installation of newly elected officers is being presented to the
City Commission for the purposes of clarifying said procedures in
the event a run-off election is necessary.
LF/JKO/rg
(A:\ELEC.CM)
. ' SO
AGENDA
ITEM R - 3- G
DATE
1700 CONVENTION CENTER DRIVE - FOURTH FLOOR - MIAMI BEACH, FLORIDA 33139
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ORDINANCE NO. 91-2768
----------------
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 3, "DEFINITIONS," AMENDING SUBSECTION 3-2, ENTITLED
"TERMS DEFINED" BY ADDING A DEFINITION OF BUILDING SITE AND AMENDING
THE DEFINITION OF LOT WIDTHj
2. AMENDING SECTION 5, "GENERAL PROVISIONS," AMENDING SUBSECTION 5-8,
ENTITLED "DIVISION OF LOT(S)/LOT -SPLIT" ADDING CRITERIA FOR REVIEWING
APPLICA TIONS FOR DIVISION OF LOTS OR LOT SPLITS AND ESTABLISHING AN
APPLICA TION FEEj
3. AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING
SUBSECTION 6-1, ENTITLED "RS-1,RS-2.RS-3,RS-4 SINGLE FAMILY RESIDENTIAL
DISTRICTS" TO EXCLUDE CERTAIN LOTS FRONTING ON CUL-DE-SACS AND
CIRCULAR STREETS FROM LOT WIDTH REQUIREMENTSj
4. ADDITION TO SECTION 17, "PLANNING BOARD," OF SUBSECTION 17-6,
ENTITLED "DIVISION OF LOTS/LOT SPLIT APPEAL PROCEDURES" ESTABLISHING
APPEAL PROCEDURES, FEES, AND REVIEW GUIDELINES FOR APPROVAL OF
DIVISION OF LOTS/LOT SPLITSj
5. DOWNZONING (CHANGING) CERTAIN LOTS LOCATED IN THE FOLLOWING
AREAS: SUNSET ISLAND NO.1, FROM RS-3 TO RS-2j SUNSET ISLAND NO.1, FROM RS-
4 TO RS-3j SUNSET ISLAND NO.2, FROM RS-3 TO RS-2j SUNSET ISLAND NO.2, FROM
RS-4 TO RS-3j SUNSET ISLAND NO.3, FROM RS-4 TO RS-3j RIVO ALTO ISLAND, FROM
RS-4 TO RS-3j DI LIDO ISLAND, FROM RS-4 TO RS-3j SAN MARINO ISLAND, FROM RS-4
TO RS-3j HIBISCUS ISLAND, FROM RS-4 TO RS-3j NORTH BAY ROAD, WEST SIDE,
FROM W. 43RD STREET TO W. 49TH STREET, FROM RS-3 TO RS-2j FLAMINGO DRIVE,
EAST SIDE, FROM RS-4 TO RS-2j PINE TREE DRIVE TO FLAMINGO DRIVE, FROM W.
28TH STREET TO W. 40TH STREET, AND PORTIONS OF THE EAST SIDE OF FLAMINGO
DRIVE, FROM RS-4 TO RS-3j PINE TREE DRIVE, WEST SIDE, FROM W. 30TH STREET TO
W. 40TH STREET, FROM RS-4 TO RS-2j PINE TREE DRIVE AND LAKE VIEW DRIVE IN
THE VICINITY OF W. 51ST STREET FROM RS-3 TO RS-2j ALLISON ISLAND, FROM RS-3
TO RS-2.
6. AMENDING THE ZONING MAP TO REFLECT SINGLE FAMILY DISTRICT
CLASSIFICATION CHANGESj AND
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCEj PROVIDING FOR AN
EFFECTIVE DA TEj PROVIDING FOR A REPEALERj AND PROVIDING FOR
SEVERABILITY.
WHEREAS, the City's Planning Board has determined that excessive splitting of lots is
adversely affecting the character and density of certain single family neighborhoods within
the City of Miami Beach; and
WHEREAS, it is believed that the amendments set forth herein will prevent the
excessive and inappropriate splitting of lots and will provide effective procedures for City
review of future lot splits; and
WHEREAS, on August 27, 1991 the Planning Board approved the amendments to the
City's Comprehensive Zoning Ordinance set forth herein and recommended that the City
Commission adopt these amendments; and
WHEREAS, the City Commission finds that the amendments set forth herein are
necessary to the welfare of the residents of the Ci ty of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
~ij~g~g~t~g~ new language
Strike out deleted language
SECTION 1. That Subsection 3-2, of Zoning Ordinance No. 89-2665, entitled "Terms Defined"
is hereby amended as follows:
3-2 TERMS DEFINED
*
*
*
ilk::::
~1_.
*
*
*
119.
CIRCULAR STREET WITH
RADIUS OF 230'
(NOT TO SCALE)
*
*
*
SECTION 2. That Subsection 5-8, of Zoning Ordinance No. 89-2665, entitled "Division of
Lot/Lot Split" is hereby amended as follows:
5-8 DIVISION OF LOTtSWLOT -SPLIT
~4
2
SECTION 3. That Subsection 6-1, of Zoning Ordinance No. 89-2665, entitled "RS-I, RS-2, RS-3,
RS-4 Single Family Residential Districts" is hereby amended as follows:
6-1 RS-l, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS
*
*
*
B. Development Regulations
1. Base FAR 2. Max FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max Bldg.
with bonus Area Width Size Size Height
(sq. ft.) (feet) (sq. ft.) (sq. ft.) (feet)
N/A N/A RS-1= 30,000 RS-1 = 100 1,800 N/A 33
RS-2= 18,000 RS-2 = 75
RS-3= 10,000 RS-3 = 60
RS-4= 6,000 RS-4 = 50
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SECTION 4. That Subsection 17-6 of Zoning Ordinance No. 89-2665 entitled "Division of
Lots/Lot Split Appeal Proced ures" is here by added to read as follows:
11:;,;.6.
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SECTION 5 That the following properties are downzoned (changed) from one single family
zoning classification to another as follows:
SUNSET ISLAND NO.1 FROM RS-3 TO RS-2: L T 1-5 BLK 1; 1-2 BLK lA SUNSET LAKE
EXTENSION; L T 1-9 BLK lA; L T 1-12 BLK IH; L T 1-9 BLK IE SUNSET ISLAND NO. 1.
SUNSET ISLAND NO.1 FROM RS-4 TO RS-3: LT 1-7 BLK ID; LT 1-8 BLK lC; LT 1-8 BLK
IB; L T 1-4 BLK IF SUNSET ISLAND NO.1.
SUNSET ISLAND NO.2 FROM RS-3 TO RS-2: L T 1-9 BLK 2; L T 1-9 BLK 2D; L T 1-9 BLK
2G; L T 1-6 AND L T 9-24 BLK 2H SUNSET ISLAND NO.2.
SUNSET ISLAND NO.2 FROM RS-4 TO RS-3: L T 1-8 BLK 2A; L T 1-8 BLK 2B; L T 1-8 BLK
2C; L T 1-8 BLK 2E; L T 1-8 BLK 2F SUNSET ISLAND NO.2
SUNSET ISLAND NO.3 FROM RS-4 TO RS-3: L T 1 & 2 BLK 3A; L T 1-4 BLK 3B; L T 1-4 BLK
3C; L T 1-4 BLK 3E; L T 1-4 BLK 3F SUNSET ISLAND NO.3
RIVO ALTO ISLAND FROM RS-4 TO RS-3: LT 1-19 BLK 1; LT 1-19 BLK 4; LT 1-19 BLK 2;
L T 1-19 BLK 3 RIVO ALTO ISLAND.
DI LIDO ISLAND FROM RS-4 TO RS-3: LT 1-14 BLK 1; LT 1-20 BLK 2; LT 1-27 BLK 3; LT
1-27 BLK 4; L T 1-20 BLK 5 DI LIDO ISLAND.
SAN MARINO ISLAND FROM RS-4 TO RS-3: LT 1-16BLK I;LT 1-16BLK2;LT 1-16BLK
3; LT 1-16 BLK 4 SAN MARINO ISLAND.
HIBISCUS ISLAND FROM RS-4 TO RS-3: LT 1-30 BLK 1; LT 1-30, LT A, LT 31-60 BLK 2;
L T 1-30 BLK 3 HIBISCUS ISLAND.
NORTH BA Y ROAD. WEST SIDE FROM W.43RD STREET TO W.49TH STREET FROM RS-3
TO RS-2: LT 4-10,18-23,33-40 BLK 1 NAUTILUS SUB.
FLAMINGO DRIVE. EAST SIDE FROM RS-4 TO RS- 2: L T 1-7 BLK 2; L T 9-26 BLK 3
FLAMINGO TERR SUB; L T 1-5 BLK 9 FLAMINGO TERR EXTENSION.
PINE TREE DRIVE TO FLAMINGO DRIVE FROM W.28TH STREET TO W.40TH STREET
AND PORTIONS OF FLAMINGO. EAST SIDE FROM RS-4 TO RS-3: L T 1-8 BLK 3; L T 1-24
BLK 4; L T 1-12 BLK 5; L T 1-27 BLK 6 FLAMINGO TERR SUB.
4
PINE TREE DRIVE. WEST SIDE FROM W.30TH STREET TO W.40TH STREET FROM RS-4
TO RS-2: L T I & 6 BLK 41; L T 1-6 BLK 44 ORCHARD SUB NO.1. L T 1-6 BLK 47; L T 1-6
BLK 50 ORCHARD SUB NOS. 2 & 3.
PINE TREE DRIVE & LAKE VIEW DRIVE IN THE VICINITY OF W.5IST STREET FROM
RS-3 TO RS-2: L T 12-18 BLK 31 LAKE VIEW SUB; L T 1-6 BLK 1 BEACHVIEW SUB.
ALLISON ISLAND FROM RS-3 TO RS-2: L T 21-32 INDIAN CREEK SUB.
SECTION 6 That the official Zoning Map of the City of Miami Beach is hereby amended to
reflect single family district classification changes as specified in Section 6 of this Ordinance.
SECTION 7 Inclusion in Zoning Ordinance No. 89-2665. It is the intention of the City
Commission, and it is hereby ordained that the provisions of this ordinance shall become and
be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 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 8 Effective Date
This Ordinance shall only apply to applications for lot splits filed after the effective date of
this Ordinance. This Ordinance shall take effect on the 2nd day of
November ,1991.
SECTION 9 Repealer
All Ordinances or parts of Ordinances 10 conflict herewith be and the same are hereby
repealed.
SECTION 10 Severability
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
PASSED and ADOPTED this
23rd day of
October
, 1991.
~~
...... 1~
. - VIC~MA~OR
ATTEST:
~~ C~"^"^--
CITY CLERK
a:ltsplord
1st reading 10/9/91
2nd reading 10/23/91
FORM APPROVED
LEGAL DEPARTMENT
BY: .~ (~0
DATE: I 0 - 2- I - ~
5
~ ~ '11ttamt ~ead
FLORIDA 33139
"V AC A T10NLA.ND U. S. A. ..
OFFICE OF THE CITY MANAGER CITY HALL
1700 CONVENTION CENTER DRIVE
TELEPHONE: 673-7010
COMMISSION MEMORANDUM NO. fJ () - r
DATE:
OCTOBER 23, 1991
FROM:
Mayor Alex Daoud and
Members of the City Commission
~".:;.,
Carla Bernabei Talarico P'':..;2)
City Manager
TO:
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE 89-2665 RELA TING TO DIVISION
OF LOT(S)jLOT SPLIT AND THE ZONING CLASSIFICA TION OF CERT AIN
SINGLE FAMILY RESIDENTIAL AREAS.
THE REOUEST
The Planning Board, at it's meeting of May 21, 1991 established a sub-committee for the express
purpose of reviewing lot division/lot split procedures in the City of Miami Beach. Its further
stated purpose was to examine what could be done to regulate what is viewed as the excessive
splitting of lots which is changing the established character and density of single family
neighborhoods. It was observed that several neighborhoods have recently witnessed the
splitting up of larger building sites; additionally, that two contiguous lots are being assembled
and then re-subdivided into three lots, and so forth.
The sub-committee was composed of Norman Frank, as Chairman, Joy Alschuler, Jack Hartley,
Stel/e Hertz and Jim Silvers. Staff to the subcommittee were the Planning and Zoning
Department and the City's Legal Department.
On August 27, 1991 the Planning Board held a public hearing to hear the request. Following
the hearing, the Board recommended unanimously (7-0) that the City Commission approve the
attached amendment to the Zoning Ordinance.
BACKGROUND AND PROPOSAL
The Planning Board sub-committee met on May 29, 1991. For discussion purposes, the Planning
and Zoning Department presented an overlay zoning map of the City indicating all areas that
could be recommended for down-zoning (increased in lot size and frontage) without creating
any significant increase in the number of non-conforming lots. General areas presented for
consideration were Sunset Islands #1, #2 and #3, the Venetian Islands, Hibiscus Island, the west
side of North Bay Road (43rd to 49th), portions o(Flamingo Drive and Pine Tree Drive and
Allison Island.
Also presented to the sub-committee was a synopsis of how several other Florida communities
administratively handle their respective lot split procedures, including Coral Gables, Miami
Shores, Miami and Homestead. There was a consensus that the review criteria for lot splitting
should include these three items:
a: compliance with regulations of the .Zoning Ordinance;
b. provision of all deed restrictions, reservations and covenants and/or opinion of
title that these do not present an impe<.liment to a proposed division of lot; and
c. historical configuration of the building site which may comprise one or more
lo.ts. . . .
35
AGENDA
ITEM
1<- J;-F
/ tJ -.23-9 J
DATE
There was also consensus that lot splits should continue to be reviewed and approved
administratively by the Planning Director; however, that there should be an appeal procedure
before the Planning Board in the event that one or more of the review criteria cannot be met
by an applicant. Further, that every effort should be made to minimize, any creation of lot
non-conformity. The review guidelines for the Planning Board in an appeal procedure should
include:
1. whether the building site created is equal to or larger than the majority of
existing sites in the surrounding area and is of the sam character;
2. whether the building site created would result in existing structures becoming
non-conforming with regard to setbacks and other regulations of the Zoning
Ordinance; and,
3. Whether the building site created is free from encroachments from abutting
building sites.
The sub-committee voted unanimously in favor of these changes with the understanding that
the Planning and Zoning Department staff would refine the precise wording of the amendment
with the review and approval of the Chairman. Further, that all single family zoned areas
would be further examined for possible additional changes and that care would be taken to
minimize the creation of non-conforming lots.
The ensuing weeks were utilized to draft the amendments, as directed, and to review an
examine each single family area carefully in order to evaluate the affect of any proposed
change in zoning classification. This was done and the resulting amendments and changes in
zoning are self-explanatory. Nonetheless, several points are worth noting:
1. The term "building site" has been introduced into the Ordinance for purposes of
evaluating the historical configuration of an improved site.
2. The term "lot width" has been clarified and amended to bring most pie-shaped
lots fronting on turning circles of cul-de-sacs or circular streets with radii of 230
ft. or less into conformity.
3. The fee for reviewing a division of lot application has been established at $100;
the appeal fee $500 (both fees are consistent with others established by the
Ordinance and are commensurate with the basic costs to provide these services).
4. It has been determined that only nine (9) lots throughout the City would become
non-conforming as a consequence of these amendments, a remarkable
achievement in that over five (5) percent of the City's land area is being
proposed for re-zoning. The Commission should be aware that there is a
provision in the Ordinance (Section 6-1C.2) which allows for the extension of a
building with non-conforming side yard setbacks; further, each owner of a non-
conforming property would ha ve the right to seek variances, if necessary in the
event of the destruction 'or removal of the improvement on their respective
properties.
5. There is no need to amend the Comprehensive Plan as the proposed down zoning
will decrease the impact on levels of services.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission approve these proposed amendments to
Zoning Ordinance 89-2665, as presented. We believe that the amendments are a positive step
in ensuring that the character and quality of our single family neighborhoods will be
maintained. .
DJG:jm
,Attachment
camnisn\1086rec.91
36