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Ordinance 77-2099 ORDINANCE NO. 77-2099 An ordinance amending Ordinance No. 1891, the Compre- hensive Zoning Ordinance of the City of Miami Beach, and the maps attached thereto and made a part thereof , by adding new additional sections thereto providing for the ordinance to be known as the Redevelopment Amendment; providing for definitions; providing for the establishment of a zoning classification of (RU) Redevelopment Use within the boundaries of the South Beach Redevelopment Project or other redevelopment area established by the City Council; providing for the automatic conversion to an (RU) Redevelopment Use District of any property within the redevelopment project area upon ownership by the City or the Agency for redevelopment purposes or upon the execution of an Owner' s Participation Agreement by a property owner in the Re- development Project Area; providing for the designation of the location of the Redevelopment Project Area on the City of Miami Beach Zoning District Map; providing for a Project Boundary and Land Use Plan, an Illustrative Development Plan, an Illustrative Development Data Table, and a Standards for New Development Table; providing for a description of uses; providing for General Con- trols and Limitations, Administrative Approval, and Standards for new development; providing for the establishment of Archi- tectural Guidelines; providing for site plan review and approval; providing for other controls and limitations; providing that if • any section or provision of the ordinance is declared invalid; the validity of a remainder of the ordinance shall not be affected; providing for the repeal of all ordinances in conflict or incon- sistent with this ordinance, and providing for an effective date. • WHEREAS, the City Council of the City of Miami Beach, pursuant to the provisions of the Community Redevelopment Act of 1969, as Amended, has approved the Redevelopment Plan for the South Beach Redevelopment Project of Miami Beach, Florida; and WHEREAS, the implementation of said Plan requires that a new zoning district be established so that the objectives of the said Plan may be carried out; and WHEREAS, after a public hearing the Planning Board of the City of Miami Beach has found and determined that an amendment to the Comprehensive Zoning Ordinance of the City of Miami Beach to establish such a new zoning district is appropriate; and WHEREAS, an amendment to Ordinance No. 1891 being the Comprehensive Zoning Ordinance of the City of Miami Beach, Florida, to establish such a new zoning district is necessary . to promote the public health, safety, morals and welfare of the residents of South Beach and of the entire City of Miami Beach; and • WHEREAS, such amendment to establish the new zoning district is necessary to achieve the objectives of the said Redevelopment Plan to eliminate aspects of visual, economic and social blight presently existing within the South Beach • Redevelopment Project area, and to renew and create economic stimulation within this area, for the purpose of promoting the health, welfare and safety of all of the citizens of Miami Beach; NOW, THEREFORE, be it ordained by the City Council of the City of Miami Beach: SECTION 1: Ordinance No. 1891, being the Comprehen- sive Zoning Ordinance of the City of Miami Beach, Florida, be and the same is hereby amended by adding new additional Sections thereto, to be numbered and to read as: follows: -2- • SECTION 22-1 - REDEVELOPMENT AMENDMENT: This Amendment to Ordinance No. 1891 , the Comprehensive Zoning Ordinance of the City of Miami Beach, Florida, is designated as the Redevelopment Amendment. Said Amendment creates a new additional Section 22 to Ordinance No. 1891, the Comprehensive Zoning Ordinance of the City of Miami Beach, Florida, for the purpose of implementing the Redevelopment Plan for the South Beach Redevelopment Project. Said Amendment establishes a new zoning district and the zoning regulations, limitations, controls and otherwise pertaining thereto. Where not provided in this Amendment, and where not in conflict with regulations, limitations, controls and otherwise in this Amendment, regulations, limitations, controls and otherwise in the Sections embodied in Ordinance No. 1891, the Comprehensive Zoning Ordinance of the City of Miami Beach, Florida, are applicable where necessary. SECTION 22-2 - DEFINITIONS: A. "Agency" and "Agency Board" mean the Miami Beach Redevelopment Agency, Miami Beach, Florida. B. "Apartments" means rental apartments, condominiums, cooperatives, town houses, and other multi-residential dwellings. C. "City" means the City of Miami Beach, Florida. D. "Owner" means any individual or entity owning "real property" as defined herein. E. "Person" means any individual , or any public or private entity. F. "Redevelopment Plan" means the Redevelopment Plan for the South Beach Redevelopment Project, as adopted by the Miami Beach City Council Res. 77-15283 on March 2 , 1977 and as may be from time to time amended. G. "Project Area" means the area included within the boundaries of the South Beach Redevelopment Plan. H. "Project" means the South Beach Redevelopment Plan. I. "Real Property" means land; including land under water and waterfront property; building; structures, fixtures , and improve- ments on the land; and property appurtenant to or used in connection I -3- • with the land; every estate, interest privilege, easement, franchise, and right in land, including but not limited to rights-of-way, terms for years, and liens, charges, or encum- brances by way of judgment, mortgage or otherwise and the indebtedness secured by such liens. J. "Redevelopment Law" means the Community Redevelopment Law of the State of Florida, Florida Statutes, Chapter 163 , Part III . K. "Zoning Ordinance" means Ordinance No. 1891, the Comprehensive Zoning Ordinance of the City of Miami Beach, Florida. L. "Owner' s Participation Agreement" means an agreement between an owner of property in the Project area and the Agency whereby the owner agrees to develop property within the Project area according to the standards, controls and limitations pre- scribed by the Agency; such agreement being a prerequisite for the establishment of (RU) Redevelopment Use District for said property. M. "Parcel" means such real property within the property area the boundaries of which have been determined by the Agency and which has been designated as a parcel for redevelopment as indicated in the Project Boundary and Land Use Plan. N. "Preferred Use" means the use which is the most de- sirable in the particular use category for the purpose of implementing the redevelopment plan. O. "Alternative Use" means a use not indicated as the most desirable in the redevelopment plan but which may be found to be in conformance with and in furtherance of the Redevelopment Plan if controlled as to number, area, location or relation to the neigh- borhood and economic reuse of the land. P. "Primary Use" means the use of a parcel which encompasses the largest gross floor area of use as designated in the Illustrative Development Data Table for that parcel . Q. "Gross floor area" means that which is defined as "Floor area" in Section 3-1 of the zoning ordinance. (See also "Remarks" in Illustrative Development Data Table. ) -4- • R. "Floor area ratio" (FAR) means that which is defined in Section 3-1 of the zoning ordinance. S. "Maximum building height" means that which is defined as "Height of building" in Section 3-1 of the zoning ordinance. T. "Site coverage" means that which is defined as "lot coverage" in Section 3-1 of the zoning ordinance. (See also "Remarks" in Illustrative Development Data Table. ) SECTION 22-3 (RU) - REDEVELOPMENT USE CLASSIFICATION: To achieve the purpose of this Amendment, there is hereby established a zoning classification of (RU) Redevelopment Use. Said classification is established for the purpose of applying it within the project area. SECTION 22-4 - (RU) - REDEVELOPMENT USE DISTRICT: Upon ownership of arty real property within the project area by the City or the Agency for Redevelopment purposes as adopted in the plan, or upon an owner' s participation agreement being entered into between the Agency and the property owner within the project area, such property shall automatically convert to an (RU) Redevelopment Use District. SECTION 22-5 - DISTRICT MAP: The location of the Redevelopment Use District is shown in the map designated as the City of Miami Beach Zoning District Map dated and signed by the mayor and city clerk of the City of Miami Beach upon adoption. This zoning district .map, together with all notations, dimensions, references and symbols shown thereon, pertaining to such district, is hereby adopted by reference and declared to be as much a part of this Ordinance as if fully described herein. Copies of said map shall be available for public inspection in the offices of the Agency and the Planning Department, and any later alterations to this map, as provided by this Ordinance, shall be similarly filed and dated and made available for public reference. -5- • SECTION 22-6 - PROJECT BOUNDARY AND LAND USE PLAN: ILLUSTRATIVE DEVELOPMENT PLAN: ILLUSTRATIVE DEVELOPMENT DATA TABLE: STANDARDS FOR NEW DEVELOPMENT TABLE. A Project Boundary and Land Use Plan, an Illustrative Development Plan, an Illustrative Development Data Table, and a Standards for New Development Table are included and adopted as part of this ordinance as attached hereto as Exhibits A, B, C and D. SECTION 22-7 - DESCRIPTION OF USES: Locations of the uses described herein are found on the Project Boundary and Land Use Plan (Exhibit A) . Preferred and Alternative Land Use 1. Multi-Use Commercial. This is a tourist-oriented use designed to provide attractions and services for visitors and residents as well as lodging for tourists. The multi-use commercial areas as designated on the Project Boundary and Land Use Plan shall be developed for uses which include the following: a. Preferred Uses (1) Hotels, including related facilities as restaurants, retail shops, and meeting rooms and convention facilities. (2) Retail shops. (3) Offices. (4) Entertainment and amusement facilities. (5) Eating and drinking establishments . (6) Recreational facilities. (7) Public and private clubs. (8) Marine dockage and marine-oriented commercial establishments within a building. (9) Commercial parking within a building. (10) Public uses. b. Alternative Uses (1) Residential Hotels, and apartments . (2) Dry boat storage; boat repair and maintenance facilities; marine fuel service facilities. • -6- • (3) Cruise, charter boat, and fishing boat terminals and facilities. (4) Parking outside of a building. (5) Public uses. 2. Residential These are residential uses to be developed primarily with apartments for permanent occupancy supported by commercial , service , and professional uses. a. Preferred Uses (1) Apartments (2) Community facilities. (3) Resident serving retail shops, medical- dental facilities, and personal service establishments. (4) Marine dockage. (5) Privates clubs. (6) Parking within a building. b. Alternative Uses (1) Apartment Hotels and condominiums. (2) Offices. (3) Tourist service retail shops . (4) Eating and drinking establishments. (5) Educational and cultural facilities. (6) Institutional facilities. (7) Entertainment and amusement facilities. (8) Parking outside of a building. 3. Public This is a public oriented right-of-way, open space, recreational, and public oriented commercial use. a. Preferred Uses (1) Public street, waterway, pedestrian, transportation, or other rights-of-way. (2) Public parks , recreation facilities , beaches , playgrounds, open spaces, cultural activities. (3) Publicly owned and operated marinas , and marine related service and commercial uses. -7- • • (4) Publicly owned, privately developed, leased operated marinas, marine related services and commercial uses , retail shops and restaurants. (5) Publicly owned community facilities. (6) Municipally owned parking areas and structures. (7) Institutionally owned community facilities. b. Alternative Uses (1) Privately owned and operated recreational facilities. (2) Privately operated retail shops, restaurants and hotels. 4. Application of Alternative Use Any alternative use which is applied to a parcel may thereafter be considered a preferred use; provided, however, that the parcel to which such use is applied is developed within the time requirements established by the Agency, and according ,to the limitations and controls of this Ordinance. Requests for application of an alternative use to a parcel shall be made in writing to the Agency Staff. Such request shall state the reasons therefor. The Agency Staff shall review such request and present the same to the Agency Board with recommen- dations. Approval of an alternative use shall require a vote of four-fifths of the full membership of the Agency Board. When the Primary Use of a parcel is a Preferred Use or a combination of the Primary Uses of a parcel are Preferred Uses, Alternative Uses may be included within the parcel without the necessity of approval by the Agency Board, provided that the total gross floor area of such Alternative Uses do not exceed 40% of the gross floor area of the combined Primary Uses. 5. Parks, Recreation and Open Space Park and recreational facilities as well as public open space shall be developed in a mariner consistent with the goals -8- • in the Plan. Open space and public areas as well as any public buildings which may be necessary in providing services to the public are permitted uses throughout the project area. 6. Streets and Rights-of-Way Streets within the project area may be widened, altered, or vacated for purposes of development of the project. New streets or other rights-of-way, including waterways, may be created as necessary. These public rights-of-way shall be used for vehicular, marine and/or pedestrian traffic as well as for public improvements, public and private utilities, and activities typically found in public rights-of-way. -8a- SECTION 22-8 - GENERAL CONTROLS AND LIMITATIONS: No real property in the Project Area shall be developed, rehabilitated, or otherwise changed except in conformance with the provisions of the Plan, this Ordinance, and other applicable laws. A property owner wishing to have property converted to an (RU) Redevelopment Use District shall enter into an agreement with the Agency in which the property owner agrees to develop the property according to the standards , controls and limitations prescribed by this Ordinance, applicable laws and the Agency. SECTION 22-9 - ADMINISTRATION: Enforcement. The provisions of Section 14-1 of the Zoning Ordinance shall apply. Permits and Plot Plans. The provisions of Section 14-2 of the Zoning Ordinance shall apply. Site Plans. A. Site Plans shall be required and shall accompany all requests for approval by the Agency of any development on a parcel which has been converted to an (RU) Redevelopment Use District. Approval by the Agency of such site plan shall be a prerequisite to the granting of any building permit. Approval of site plans shall be by the Agency Staff. In addition, the provisions of paragraph A and sub- paragraphs 1 through 14 of paragraph A of Section 14-3 of the Zoning Ordinance shall /apply to this paragraph A of this Section 22-9 with the exception of the following: Sub-paragraphs 9 and 10 of Section 14-3 of the Zoning Ordinance with reference to this paragraph A of this Section 22-9 shall read as follows: 9. The location and dimensions of proposed parcels or sub-parcels, setbacklines , and easements, and proposed reser- vations for parks, playgrounds, open spaces, and other common afeas. -9- • 10. Location with respect to each other and to boundary or parcel lines of all proposed buildings and structures, or major excavations, accessory and main. B. The Agency may establish additional requirements for site plans, and in special cases may waive a particular require- ment if, in the opinion of the Agency, the requirement is not essential to a proper decision on the project. C. Appeal Process. Decisions of the Agency Staff disapproving a site plan may be appealed to the Agency Board. Such appeals must be received by the Agency within 30 days from the rendition of a decision by the Agency Staff. Such decision shall be considered to be rendered when the decision has been written' with the reasons therefor placed on file in the Agency, given a number, dated on the day it is filed, and transmitted by mail or delivery to the applicant for the decision. Such decision shall contain a certificate of delivery which shall bear the date of posting in the mail or delivery. Notice of appeal shall be in writing and shall contain the date the decision was rendered and shall have a copy of the decision included with the notice of appeal. Upon receipt of such notice, if timely made, the Agency Board shall hold a hearing to review the decision. Presentations may be made on behalf of the applicant and the Agency Staff. **SEE INSERT BELOW Certificates of Occupancy. The provisions of Section 14-4 of the Zoning Ordinance shall apply with the exception of the following : Paragraph B of Section 14-4 with reference to this . amendment shall read as follows: ** Section 22-9 (10) (C) is hereby amended as follows : On page 10 following the last non-underlined paragraph insert a new paragraph - to read as follows: . "In the event an unsuccessful applicant for Site Plan Approval prevails in seeking judicial review of the Agency's Board adverse decision, said ap- plicant shall be entitled to recover his court costs and reasonable attorneys! fees. " • -10- 40 X B. Certificates of Occupancy shall not be issued until the premises have been inspected and found to comply with all requirements of the Code of the City of Miami Beach and of this Ordinance, the Agency, the So. Florida Building Code as it may be amended from time to time, and with such other agencies as the Hotel Commission, Dade County Health Dept. , etc. SECTION 22-10 - LIMITATIONS AND CONTROLS FOR NEW DEVELOPMENT: Limitations and Controls for new development are delineated in the Illustrative Development Data Table, the Illustrative Development Plan and the Standards for new Develop- ment Plan. New development shall be in conformance with the limitations and controls set forth in the Illustrative Development Data Table and the Illustrative Development Plan. The Agency may approve plans for development which contain deviations of up to 10% above or below the maximums and minimums specified in the Illustrative Development Data Table, providing such plans are in conformity with the Arch- itectural Guidelines and providing that the deviation does not materially change the character and concept of the Redevelopment Plan or require a material change in the parcel configuration. The Agency shall give such approval only after sub- mission of the site plan and a written request for such approval stating the reasons why the deviation is necessary are presented to the Agency Staff for review. The Agency Staff shall review such request and submit the same with staff recommendations to the Agency Board for action. Approval by the Agency shall require a vote of a majority of the full membership of the Agency Board. -11- • Applications for deviations of more than 10% above or below the maximums and minimums specified in the Illustrative Development Table shall be submitted to the Agency. If the application is approved by the Agency Board, it shall then be ' submitted to the Planning Board for review. If the Planning Board concurs with the approval of the Agency Board, such approval then becomes final. If the Planning Board does not concur with the approval of the application by the Agency Board, the application shall then be submitted to the City Council for action. Deviations of more than 10% above or below the maximums and minimums specified in the Standards for New Development Table shall require the approval of the City Council. SECTION 22-11 - ARCHITECTURAL GUIDELINES: The Agency is authorized to establish Architectural Guidelines defining: architectural and landscape character; standards for graphics and signing; traffic circulation and ingress-egress requirements; and any other design and development objectives and control necessary to implement the Plan. Said Guidelines shall be established within the limits , restrictions and controls established in the Plan, and shall be uniform within the project area with respect to the categories to which they apply. The Agency will prepare and adopt the Architectural Guidelines and once adopted, shall use said Guidelines , along with this Plan and the Standards for Development contained herein, as the basis for approval of public or private development within the Project. SECTION 22-12 - SETBACKS, NEW CONSTRUCTION: There are no minimum required setback areas , but set- backs shall be established in accordance with the Architectural Guidelines. -12- • SECTION 22-13 - PARKING AREAS-NEW CONSTRUCTION: Parking areas shall be established pursuant to the requirements in the Illustrative Development Data Table unless approval is obtained from the Agency for construction of parking areas according to the parking requirements in the Standards for New Development Table. All parking areas shall be paved, with drainage provided so that storm and surface waters draining from the parking areas will not cross public sidewalks . All parking areas visible from the street shall be landscaped as necessary to prevent unsightly, barren appearances. SECTION 22-14 - OFF-STREET LOADING FACILITIES, TRASH AREAS AND OUTDOOR STORAGE AREAS - NEW CONSTRUCTION. Off-street loading facilities, trash areas and areas for outdoor storage of material, shall be provided. Such areas shall contain sufficient space so that loading can be accomplished entirely within the off-street loading facility, so that all trash can be accommodated within the trash area, and so that all outdoor storage of material can be accommodated within the storage area. Such off-street loading facilities , trash areas and outdoor storage areas must he included in the Site Plan, which is to be approved by the Agency. All such facilities shall be adequately enclosed or screened by walls, landscaping or other such enclosures con- sistent with all City Ordinances and in the manner approved by the Agency. SECTION 22-15 - REHABILITATION; REPAIRS AND NEW CONSTRUCTION: Rehabilitation of existing structures, such as correcting structural defects, upgrading the quality of existing construction, or making improvements may be performed provided the expense of such rehabilitation does not exceed 50% of the assessed value of the property on which the rehabilitation is performed. -13- • Repairs consisting of normal maintenance or such repairs as are necessary to maintain the standards of the Miami Beach minimum housing code may be performed, provided that the cost of such repairs does not exceed 50% of the assessed valuation of the property on which the repairs are performed. For a period of 5 years from the date of the passage of this Ordinance, no new construction will be permitted in the Project Area unless such construction is to be located on a parcel which has been converted to an (RU) Redevelopment Use District by virtue of the provisions of this Ordinance and such parcel is to be developed according to the limitations and controls expressed in this Ordinance. SECTION 22-16 .- OPEN SPACES AND LANDSCAPING: Open spaces' and landscaping shall be in accordance with the Project boundary and Land Use Plan. Landscaping plans shall be submitted to the Agency for review and approval. SECTION 22-17 - SIGNS : Exterior signs necessary for the identification of buildings and premises shall be permitted provided that they comply with the Architectural Guidelines established for the Project area. SECTION 22-18 - UTILITIES : All utilities must be placed underground, including, but not limited to, the following: power lines , transformer vaults or pads, water meters and valves, telephone pull boxes, manhole inlets and drain facilities , and cable TV. SECTION 22-19 - INCOMPATIBLE USES: No use or structure which by reason of appearance , traffic, smoke , glare, noise, odor, or other similar factors that would be incompatible with the surrounding areas or structures shall be permitted in any part of the Project area. -14- • SECTION 22-20 - WORKS OF ART: The Agency may require public and private developers to supply and incorporate into each development works of art for public view and appreciation. The Agency may establish rules and regulations governing the provision of said works of art, including cost, placement and timing. No developer, however, shall be required to spend more than one and one-half percent of the cost of construction of the building or buildings on the property for works of art. SECTION 22-21 - RESUBDIVISION OF PARCELS: After rehabilitation or development of a parcel pursuant to this Plan, no parcel in the Project Area, including any parcel retained by a conforming owner or participant, shall be resubdivided without the approval of the Agency. Plans for resubdivision of any parcel which has been rehabilitated or developed shall be submitted to the Agency Staff. The Agency Staff shall then present such plans , with its recommen- dations , to the Agency Board. Approval of such plans shall be by a vote of four members of the Agency Board. SECTION 22-22 - REDEFINITION OF PARCEL AREAS : The Agency may redefine specific parcel areas when such redefinition is necessary for the implementation of the Redevelopment Plan, and comports with the overall Redevelopment Plan. Such re- definition shall be made in accordance with the provisions in Section 22-10 relating to deviations of more than 10% over or under the maximums and minimums specified in the Illustrative Development Data Table. Approval by the Agency Board of such redefinition shall be by a vote of four members of the Agency Board. SECTION 2 : If any section , paragraph, subdivision, clause, phrase, or provision of this Ordinance shall be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof , other than the part so declared to be invalid. -15- SECTION 2A: That as relates to all zoning categories other than RU nothing in this amendment shall be construed to delimit, diminish or to curtail the general power, powers, authority, or jurisdiction of the Zoning Board of Adjust- ment; the Planning Commission and the City Council of the City of Miami Beach and that all of the present powers, authority, and jurisdiction of said Zoning Board of Adjustment; Planning Commission and City Council as they now exist, shall be retained and preserved intact. SECTION 3: All ordinances or laws in conflict with the provisions of this zoning ordinance or inconsistent with the provisions of this Ordinance, are hereby repealed to the extent necessary to give this Zoning Ordinance full force and effect. All ordinances in conflict or inconsistent with the provisions of this Ordinance are hereby repealed to the extent necessary to give this Ordinance full force and effect. SECTION 4: This ordinance shall go into effect immediately upon passage as required by law. PASSFD and ADOPTED this 17th day of August, 1977. Mayor ATTEST: Asb/414'11' City Clerk 1st reading - August 3, 1977 2nd reading - August 17, 1977 -16= Pliftilliftftftftftemos raillift•Illoaati ATLANTIC OCEAN • lieftiftimiftme7 • 411111111111111111111111111111111111111111111111•• • • Soessissaisso wiej it a O 1 ♦♦ u a I H10 H4 °CI • A ::,&}4, ; / imil .. . .......... , • coil Iiii A LI ,,7. 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