Ordinance 94-2918 ORDINANCE NO. 94-2918
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY
REZONING A PARCEL OF LAND LOCATED AT 5937 COLLINS
AVENUE, KNOWN AS "THE BATH CLUB" AND HAVING THE
LEGAL DESCRIPTION OF TRACT 1, THE BATH CLUB
PROPERTY, ACCORDING TO THE PLAT THEREOF, RECORDED
IN PLAT BOOK 40, AT PAGE 14 OF THE PUBLIC RECORDS
OF DADE COUNTY, FLORIDA, FROM THE CURRENT RM-3,
RESIDENTIAL MULTI FAMILY, HIGH INTENSITY ZONING
DISTRICT CLASSIFICATION TO RM-1, RESIDENTIAL MULTI
FAMILY, LOW INTENSITY; AMENDING THE AFFECTED
PORTIONS OF THE CITY' S ZONING DISTRICTS MAP TO
CORRESPOND WITH SAID CHANGES; PROVIDING FOR A
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, the Bath Club, Inc . has requested that the City' s
Comprehensive Zoning Ordinance No. 89-2665 be amended by rezoning
a parcel of land located at 5937 Collins Avenue, known as "the Bath
Club" , and having the legal description of Tract 1, the Bath Club
Property, according to the Plat thereof, recorded in Plat Book 40 ,
at Page 14 , of the Public Records of Dade County, Florida, from the
current RM-3 , Residential Multi Family, High Intensity Zoning
District classification to RM-1, Residential Multi Family, Low
intensity, and that the City' s Zoning Districts Map be amended in
accordance with these changes; and
WHEREAS, the City' s Planning, Design and Historic Preservation
Services Division has recommended in favor of the Bath Club' s
request; and
WHEREAS, on December 23 , 1993 , the City' s Planning Board held
a public hearing to consider the aforestated request, after which
the Board voted 7 to 0 to recommend in favor of the request; and
WHEREAS, the requested change in zoning district
classification is consistent with the existing low density of the
site; and
WHEREAS, the City Commission believes that a reduction in
permitted residential density will improve the quality of life for
residents of the City of Miami Beach; and
WHEREAS, said reduction in residential density will lessen the
potential future demand on utility infrastructure, recreation
facilities, road and municipal services provided by the City of
Miami Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1 . AMENDMENT TO ZONING DISTRICTS AND MAP OF
COMPREHENSIVE ZONING ORDINANCE.
That the Mayor and City Commission hereby amend the Zoning
Districts and Zoning District Map of City of Miami Beach
Comprehensive Zoning Ordinance No. 89-2665 by changing the zoning
district classification of a parcel of land located at 5937 Collins
Avenue, known as "the Bath Club" , and having the legal description
of Tract 1, the Bath Club Property, according to the Plat thereof,
recorded in Plat Book 40 , at Page 14 , of the Public Records of Dade
County, Florida, from the current RM-3 , Residential Multi Family,
High Intensity Zoning District classification to RM-1, Residential
Multi Family, Low Intensity.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This Ordinance shall take effect on the 30th day of
April , 1994 .
PASSED AND ADOPTED this 20th day of April. /
ATTEST: A_ II\
MAYOR
' -6(_,iLla,\A- --C- s-viy\,,-,— t
CITY CLERK
1st reading 4/6/94
2nd reading 4/20/94
SWS:scf:disk6\bathclub.ord
FORM APPROVED
LEGAL DEPT, 2
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D„,.,e 5ws 2-7-41
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER LRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. 11D '/L/
TO: Mayor Seymour Gelber and DATE: April 20, 1994
Members of the City Commission
FROM: Roger M. Carat.•'4 . /1‘:
City Manager
SUBJECT: SECOND READING - APPLICATION FROM THE BATH CLUB, INC. ,
REQUESTING A ZONING DISTRICT CHANGE FOR THE PROPERTY AT
5937 COLLINS AVENUE FROM RM-3 (RESIDENTIAL MULTI-FAMILY
HIGH INTENSITY) TO RM-1 (RESIDENTIAL MULTI-FAMILY LOW
INTENSITY)
RECOMMENDATION
The Administration recommends that the City Commission, upon
holding a public hearing, adopt on second reading the request from
the Bath Club, Inc. to rezone its property at 5937 Collins Avenue
from RM-3 to RM-1.
BACKGROUND
The applicant, the Bath Club, Inc. , is requesting to change the
Official Zoning District Map of the City of Miami Beach for the
property located at 5937 Collins Avenue from the RM-3 (Residential
Multi-Family High Intensity) classification to the RM-1
(Residential Multi-Family Low Intensity) classification.
The subject property is currently utilized as a private beach club
which was originally constructed in 1927 . The site contains
approximately 230, 124 square feet or 5.28 acres. The Atlantic
Ocean beachfront abounds the property to the East and Collins
Avenue right-of-way abuts the West property line for approximately
308 linear feet.
The existing site consists primarily of low rise buildings less
than thirty (30) feet in height with an existing Floor Area Ratio,
FAR, of less than one, (1. 0) . The existing use of the property is
a legal non-conforming use which would not be affected by a change
in zoning classification.
The Planning Board, at its December 21, 1993 meeting, voted 7-0 to
recommend approval of the proposed downzoning. The City
Commission, at its meeting of April 6, 1994, voted 6-0 to approve
this amendment.
ANALYSIS
In reviewing a request for an amendment to the Zoning Ordinance or
a change in land use, the Planning Board considered the following
criteria and found each to be consistent based on staff analysis:
1. Whether the proposed change is consistent and compatible with
the Comprehensive Plan and any applicable neighborhood or
Redevelopment Plans; 60
AGENDA I
ITEM
DATE "' -zo-
Consistent - The down zoning of the property will meet the
criteria for public purpose basis as contained
in the 9J-5 legislation of the State Statutes.
The change in land use from residential high
intensity to residential low intensity is in
compliance with the Department of Community
Affairs objective to foster improved hurricane
evacuation response times in high hazard areas
especially on oceanfront properties. The down
zoning will also reduce the number of new
apartment units that potentially may be built
on the site in the future. This also conforms
to the DCA objective to reduce the densities
in high hazard areas.
The down zoning is also consistent with the
Future Land Use Map, (FLUM) , in that the
proposed FAR densities are no greater than
those indicated on said map.
2. Whether the proposed change would create an isolated district
unrelated to adjacent or nearby districts;
Consistent - The change in Zoning designation would
continue as a multi-family residential
district and, therefore, would relate in the
surrounding area.
3 . Whether the change suggested is out of scale with the needs of
the neighborhood or the City;
Consistent - The change is consistent with the existing low
density character of the site and is in scale
with the overall needs of the City and the
neighborhood to reduce development density.
4. Whether the proposed change would tax the existing load on
public facilities and infrastructure;
Consistent - The LOS for the area public facilities and
infrastructure should not be negatively
affected by the change. The future potential
LOS for the site and area will be improved
based on the possible decreased density
allowed under the RM-1 zoning regulations
instead of the present RM-3 zoning
classification.
5. Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
Consistent - The proposed change encompasses the entire
site.
6. Whether changed or changing conditions make the passage of the
proposed change necessary;
Consistent - The use of the subject property as a private
club has not changed since its inception in
1927 and is not expected to change any time in
the immediate future. However, in the event
that there is a change in ownership which
would allow the site to be redeveloped for
multi-family residential use, this change will
limit the density and height of such use.
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7 . Whether the proposed change will adversely influence living
conditions in the neighborhood;
Consistent - The proposed change should not affect living
conditions or the Quality of Life for the
surrounding properties. In the event the
existing private club was demolished and new
residential construction was built, the
decreased density resulting from the new
development built under the RM-1 regulations
would have a far less effect on the
surrounding properties than new construction
built under the existing RM-3 permissible
density.
8. Whether the proposed change will create or excessively
increase traffic congestion beyond the Level Of Service as set
forth in the Comprehensive Plan or otherwise affect public
safety;
Consistent - The change in zoning intensity would lessen
any future increased traffic in the event new
residential construction is built on the site
than that amount of traffic which would occur
under the current Zoning regulations. The
change would not increase traffic congestion
beyond the existing LOS established for the
area.
9. Whether the proposed change will seriously reduce light and
air to adjacent properties;
Consistent - The current RM-3 designation does not at the
present time have a height restriction. The
RM-1 designation has a height restriction of
fifty (50) feet, thereby lessening the
potential for future development to seriously
reduce light and air.
10. Whether the proposed change will adversely affect property
values in the adjacent area;
Consistent - The surrounding property values should not be
affected by the down zoning of the subject
property. By providing for a height
restriction, the adjoining properties might
further increase in value since the views from
the upper floors would be preserved.
11. Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations;
Consistent - The down zoning of this site will not change
the development regulations for adjacent sites
which must comply with their own site specific
development regulations. Furthermore, the
down zoning should not affect the ability for
an adjacent property to be developed in
accordance with said regulations.
- 3 -
62
12 . Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning;
Not Applicable - ( Note: The change in zoning designation
would not effect the current non-
conforming use of the property. )
13 . Whether it is impossible to find other adequate Sites in the
City for the proposed Use in a district already permitting
such Use;
Not Applicable - This review criteria is not applicable to
this Zoning change request.
In addition to the above analysis, the following gives some insight
into the effect the proposed zone change would have on potential
density on the site. Based on the current RM-3 zoning
classification regulations, the site could be developed to a
maximum Floor Area Ratio (FAR) of six (6. 0) , or approximately 1. 38
million square feet of habitable building area, excluding the
required parking garage. This could translate in the current
residential marketplace into a building with approximately 1, 240
residential apartments with 1, 000 sq. ft. of floor area per unit.
The parking requirement would consist of 1,860 parking spaces and
14 loading spaces for this construction. The maximum density under
the RM-3 classification could be approximately 1, 550 units at an
average of 800 sq. ft. each. There is no current height restriction
for this zoning district.
The RM-1 zoning classification regulations impose a fifty (50) foot
height limit with a maximum FAR of two (2.0) . This would translate
into a hypothetical building in today's marketplace with
approximately 460,248 sq. ft. of habitable floor area or
approximately 414 apartment units of 1, 000 sq. ft. each. The
required parking for such a building would consist of 621 parking
spaces and 7 loading zones. The maximum density on the site, under
the RM-1 classification, would be approximately 520 units at an
average of 800 sq. ft. each.
If approved, the down-zoning to the RM-1 classification would
effectively reduce the density of the site to one third of the
permissible existing density under the RM-3 zoning classification.
While the City Attorney has opined that the revenue loss issue is
not a matter for discussion during the City Commission's
deliberation, the potential revenue loss was requested by a member
of the City Commission. The City has estimated that the assessed
value of the site will be reduced as a result of this downzoning
from $ 11,506, 750.00 to $8, 056,750. 00, effectively reducing the
yearly property tax from $121, 384.71 to approximately $85, 384. 00,
a reduction of approximately $36, 000 based on current millage. All
other jurisdictions would be similarly impacted, resulting in a
projected $100, 000 annual tax savings for the Bath Club.
CONCLUSION
The Administration has concluded that the request is in compliance
with the review criteria and is in keeping with the goals of the
City's Comprehensive Plan; therefore, it is recommended that the
City Commission, adopt on second reading, the proposed downzoning
Ordinance.
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