Ordinance 91-2733 ORDINANCE NO. 91-2733
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING SECTION 7, ENTITLED "PARKING REGULATIONS" OF
CITY OF MIAMI BEACH COMPREHENSIVE ZONING ORDINANCE NO.
89-2665 BY ADDITION OF SUBSECTION 7-12, ENTITLED
"SUPPLEMENTARY CONVENTION CENTER PARKING," PROVIDING FOR
THE ISSUANCE OF SUPPLEMENTARY CONVENTION CENTER PARKING
PERMITS AUTHORIZING THE USE OF VACANT LOTS IN THE RM-1,
RM-2, CD-1, CD-2 AND CD-3 ZONING DISTRICTS LOCATED WITHIN
TWENTY-FIVE HUNDRED FEET OF THE CONVENTION CENTER, FOR
OPERATION AS COMMERCIAL PARKING LOTS FOR THE DURATION OF
SCHEDULED EVENTS REQUIRING ADDITIONAL PARKING;
ESTABLISHING STANDARDS FOR THE OPERATION OF SAID LOTS;
PROVIDING FOR SEVERABILITY, REPEALING ALL ORDINANCES IN
CONFLICT THEREWITH, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, there are instances when available parking is
inadequate to accommodate anticipated parking needs for certain
events scheduled for the Miami Beach Convention Center; and
WHEREAS, the lack of adequate parking for certain Convention
Center events constitutes a serious problem for exhibitors
participating in the events and poses a threat to the safety and
welfare of persons attending the events; and
WHEREAS, in the immediate vicinity of the Convention Center,
vacant lots exist which may be utilized for supplementary
convention center parking for the duration of particular events
requiring such parking.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA:
Section 1.
That Section 7, entitled "Parking Regulations" of City of Miami
Beach Comprehensive Zoning Ordinance No. 89-2665, be amended by
addition of Subsection 7-12 , entitled "Supplementary Convention
Center Parking" to read as follows:
7-12 SUPPLEMENTARY CONVENTION CENTER PARKING
A. Whenever the City Manager determines that there is
inadequate available parking to accommodate
anticipated parking needs for a particular event
scheduled for the City' s Convention Center, the
City Manager shall authorize the issuance of
Supplementary Convention Center Parking Permits
allowing the operation of vacant lots in the RM-1,
RM-2 , CD-1, CD-2 and CD-3 Zoning Districts located
within 2500 feet of the Convention Center as
Commercial Parking Lots for the duration of a
particular event.
1. "Vacant Lot" as used in this subsection shall
mean an unimproved Lot, either paved or not
paved.
2 . Distance from the Convention Center shall be
measured from any Exterior facade of the
Building.
3 . The authority to issue supplementary_
Convention Center parking permits shall be
limited to two (2) years from the passage of
this Ordinance. No permits shall be issued
after , 1993 .
B. Occupational license required - permitting process.
1. Any Owner of a vacant Lot located in the area
described in paragraph "A" above who wishes to
be eligible for Supplementary Convention
Center Parking Permits must obtain an
Occupational License for the operation of such
Lot pursuant to Chapter 20 of the Miami Beach
City Code. Occupational Licenses shall only
be issued for Lots complying with the
standards set forth in paragraph "C" of this
subsection.
2
2 . When the City Manager authorizes the issuance
of permits pursuant to paragraph "A" above,
the City Manager or a designee shall notify
all owners of vacant Lots holding an
Occupational License to operate such a Lot, of
a forthcoming event; any such owner who wishes
to operate his Lot for supplementary parking
during the particular event in Question may
obtain a permit for this purpose.
C. All vacant Lots utilized for supplementary
convention center parking pursuant to this
subsection shall comply with the following
standards:
1. Lots that are not paved shall be graded to
remove surface depressions and mounds and
sodded with grass which shall be maintained in
good condition and at a reasonable height at
all times.
2 . Lots shall comply with the property
maintenance standards for vacant lots in
Section 17B-29 of the Miami Beach City Code.
3 . When lighting is utilized, it should be
shielded from adjoining properties.
4 . If the Lot is fenced, the fence shall be kept
in good repair. Fences installed after
October 1, 1989, shall meet the requirements
of Section 6-25 B.8 of this Ordinance.
5. Temporary signage shall be displayed only
during events for which Supplementary
3
Convention Center Parking Permits have been
issued and shall be limited to two five (5)
square feet Signs per Lot; said signage shall
be securely mounted. Any Signs directing
traffic to the Lot shall be approved by the
City' s Public Works Department prior to
installation.
6. Each Lot shall have a curb cut or ramp
approved by the City's Public Works Department
to facilitate the entrance and exit of
vehicles.
7 . Any lot which is designed to be operated for
self-parking shall provide for adequate
ingress and egress.
8 . Temporary Structures shall not be placed on
Lots used for supplementary convention center
parking, and all existing temporary Structures
shall be removed.
D. No Lot shall receive more than 6 Supplementary
Convention Center Parking Permits per year.
E. Supplementary Convention Center Parking Permits
shall not be issued for parking spaces which
currently constitute required parking for some
other Use.
F. If the City Manager finds that the operation of a
Lot for Supplementary Convention Center Parking has
an adverse effect on the welfare of surrounding
properties, the Occupational License may be revoked
pursuant to the procedures set forth in Article II
4
;4
of Chapter 20 of the Miami Beach City Code.
Section 3. Repealer.
That all Ordinances or parts of Ordinances in conflict herewith be
and the same are hereby repealed.
Section 4. Severability.
If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such
invalidity.
Section 5. Effective Date.
This Ordinance shall take effect ten (10) days after passage.
PASSED and ADOPTED this 6th day of February
1991 .
/
AL,It ,
MA_OR —"I'
ATTEST:
CITY CLERK
A:/Amend7 .ord.
1st reading 1/23/91
2nd reading 2/6/91
FORM APPROVED
LEGAL DEPT.
By � 5 c e
Date /- 17 - `11
5
ee, 4 NeFea %
=Mi eF4,,, FLORIDA 3 3 1 3 9
ss •• \y'y
I* 1NCORP 0A"TE°)*I "VA CA TIONLAND U. S. A. "
26r-
OFFICE OF THE CITY MANAGER CITY HALL
ROB W.PARKINS 1700 CONVENTION CENTER DRIVE
CITY MANAGER TELEPHONE: 673-7010
gI
COMMISSION MEMORANDUM NO. - . .
DATE: JANUARY 23, 1991
TO: Mayor Alex Daou• .nd 111PMembers of the ity Comm sion
II 4ifirt
FROM: Rob W. Par ins Vriek \
City Manager g,
SUBJECT: PLANNING BOARD RECOMMENDATION TO AMEND ZONING
ORDINANCE 89-2665 SUPPLEMENTARY CONVENTION CENTER PARKING
THE REQUEST .
The City of Miami Beach Administration has requested the consideration of an Ordinance
amending Comprehensive Zoning Ordinance 89-2665 by the addition of Subsection 7-12
entitled "Supplementary Convention Center Parking." Said amendment would provide for the
issuance of Supplementary Convention Center Parking permits authorizing the use of vacant
lots in the RM-1, RM-2, CD-1, CD-2 and CD-3 zoning districts located within twenty-five
hundred feet of the Convention Center for operation as commercial parking lots for the
duration of scheduled events requiring additional parking. The Ordinance also establishes
standards for the maintenance and operation of said lots. The Planning Board, at its special
meeting of January 8, 1991 voted 5-0 to recommend approval of this Ordinance, conditioned
with certain changes that have been incorporated into the text and which are outlined below
under the heading "The Proposal".
BACKGROUND
It has been recognized and generally acknowledged for some time that there is inadequate
parking near the Miami Beach Convention Center during certain scheduled events. This lack
of parking can and does constitute a serious problem for exhibitors participating in these
events and also poses a threat to the safety and welfare of persons attending these events due
to the increased traffic congestion caused by those drivers seeking parking spaces. This
inadequate parking situation has been recently exacerbated by the partial closing of the second
level of the two-story parking garage on Lincoln Road; this closure represents a loss of roughly
300 spaces that normally service the Convention Center.
The City Administration continues to study the parking situation surrounding the Convention
Center, fully anticipating that bookings and visitors will increase under the pending
management agreement with Spectacor and that there will be a need for permanent parking
solutions. In the meantime, it believes that one of the solutions is the use of vacant lots in
the immediate vicinity of the Center for supplementary parking for the duration of particular
events which generate the exceptional need for more parking than is normally required.
The RM-1, RM-2, CD-I, CD-2 and CD-3 zoning districts allow for permanent commercial
parking lots as a conditional use. However, because the demand for parking at the Convention
Center is variable, the construction of lots to meet City standards is not economically feasible
since they would often remain unused. The paving of vacant lots for parking would also leave
these sites as hot, desolate and more unattractive than if they were left in a more natural state
with a grass surface.
THE PROPOSAL
The proposed ordinance, therefore, calls the obtaining of an occupational license to be eligible
for a Supplementary Convention Center Parking Permit. The City Manager would authorize
the issuance of such permits on an event to event basis; no lot would receive more than six (6)
permits per year. The authority to issue these permits would be limited to two (2) years from
the passage of the Ordinance. Standards for the maintenance and operation of these lots
would include:
• 23
1 AGENDA
ITEM
q i
DATE /t— �— I I
lots that are not paved shall be graded to remove depressions and mounds and
sodded with grass that is continually manicured;
lots shall comply with property maintenance standards;
lighting, if used, shall be shielded from adjoining properties;
fences shall be in good repair (fences installed after October 1, 1989 shall meet
present design requirements);
temporary signage shall be limited to two 5 square feet signs to be displayed
only during permitted events;
curb cuts or ramps shall be approved by Public Works Department;
lots designed to be operated for self-parking shall provide for adequate ingress
and egress; and,
all temporary structures shall be removed and prohibited.
The City Manager would have the reserved right to revoke an Occupational License for the
operation of a lot for Supplementary Convention Center Parking if he finds that its operation
has an adverse effect on the welfare of surrounding properties. Permits would also not be
issued for parking spaces which currently constitute required parking for some other Use.
It should be added for clarification that the Planning Board's conditioned approval
incorporated the following changes to the Ordinance:
A sunset provision be added as Sub-section 7-12A.3, limiting to two years the
authority to issue such permits;
Sub-section 7-12 BA be changed to require grading of property to remove surface
mounds and depressions prior to sodding;
Sub-section 7-12 C.7 be added to require adequate ingress and egress on lots
designed to be operated for self-parking; and
Sub-section 7-12 C.8 be added to replace former Sub-section 7-12 C.7 which
provided for maintenance standards of vacant temporary structures by requiring
instead that all temporary structures shall be removed and prohibited from these
lots.
RECOMMENDATION
The Administration recommends that the City Commission approve this Ordinance as
recommended and changed by the Planning Board.
DJG:jm
commisn\pa
Attachment
2
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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.
3
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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
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