Ordinance 99-3215 ORDINANCE NO. 99-3215
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; BY AMENDING CHAPTER 142,
ARTICLE II, ENTITLED "DISTRICT REGULATIONS", AMENDING
DIVISION 14, ENTITLED "RO RESIDENTIAL/OFFICE DISTRICT", BY
ADDING NEW SUBDIVISIONS TO THE RO RESIDENTIAL/OFFICE
DIVISION, CREATING THE RO-2 RESIDENTIAL/OFFICE LOW
INTENSITY, AND RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY
ZONING DISTRICT CLASSIFICATIONS; BY AMENDING SECTION 142-71
ENTITLED "DISTRICTS ESTABLISHED",TO INCLUDE THE RO-2 AND
RO-3 ZONING DISTRICTS, AND, BY PROVIDING FOR INCLUSION IN
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Land Development Regulations of the City Code currently contain the
zoning district classification RO Residential/Office; and
WHEREAS, the City of Miami Beach has determined that revising and refining the RO
zoning district classification is necessary to ensure that new development located in this district is
compatible and in scale with the built environment of the individual neighborhoods in which it is
located; and,
WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida have
determined that creating several new zoning districts within the RO Residential/Office division with
varying degrees of intensity will ensure that new and future development in these districts is in the
best interest of the City by more accurately reflecting the densities, intensities and characteristics of
the various neighborhoods zoned RO Residential Office;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Division 14, entitled "RO Residential/Office District" of Chapter 142 of The
Code of the City of Miami Beach, Florida is hereby modified as follows:
DIVISION 14. RO RESIDENTIAL/OFFICE DISTRICT
SUBDIVISION I RO RESIDENTIAL/OFFICE
SUBDIVISION II Reserved
SUBDIVISION III RO-2 RESIDENTIAL/OFFICE LOW INTENSITY
Sec. 142-585. Purpose.
The RO-2 residential/office low intensity district is designed to accommodate an office corridor or
development compatible with the scale of surrounding low-scale residential neighborhoods. The
development shall be designed to maintain a single-family residential character.
Sec. 142-586. Main permitted uses.
The main permitted uses in the RO-2 residential/office low intensity district are single-family
dwellings: and offices.
Sec. 142-587. Conditional uses.
Conditional uses in the RO-2 residential/office low intensity district are adult congregate living
facility: day care facility: religious institutions:private and public institutions.
Sec. 142-588. Accessory uses.
The accessory uses in the RO-2 residential/office low intensity district are those uses customarily
associated with the district purpose. See article IV, division 2 of this chapter.
Sec. 142-589. Development regulations.
The development regulations in the RO-2 residential/office low intensity district are as follows:
Max. Minimum Minimum Minimum Maximum Maximum
Floor Lot Lot Unit Building Number
Area Area Width Size Height of Stories
Ratio (Square Feet) (Feet) (Square Feet) (Feet)
.5 6.000 50 1,800 25 (except as 2 (except as
provided in provided in
section section
142-1161) 142-1161)
Sec. 142-590. Design review.
All construction or rehabilitation shall be approved under design review procedures as set forth in
chapter 118. article VI.
Sec. 142-591. Setback requirements.
The setback requirements for the RO-2 residential/office low intensity district are as follows:
(1) Front yard: 20 feet.
(2) Side yard,interior: The sum of each side yard shall be at least 25 percent of the lot width,not
to exceed 50 feet,any one side yard shall have a minimum of 7.5 feet.When an existing building has
a minimum five-foot side yard the setback may be allowed to follow the existing building line. The
maintenance of the minimum required side yard setback shall apply to the linear extension of a
single-story building or the construction of a second floor addition to existing single-family
buildings.
(3) Side yard, facing a street: 15 feet minimum.
(4) Rear yard: 15 percent of the lot depth. 20 feet minimum.
SUBDIVISION IV RO-3 RESIDENTIAL/OFFICE MEDIUM INTENSITY
Sec. 142-592. Purpose.
The RO-3 residential/office medium intensity district is designed to accommodate an office corridor
or development compatible with the scale of surrounding multi-family residential neighborhoods.
The development shall be designed to maintain a residential character.
Sec. 142-593. Main permitted uses.
The main permitted uses in the RO-3 residential/9ffice medium intensity district are single-family
dwelling; apartments: and offices.
Sec. 142-594. Conditional uses.
Conditional uses in the RO-3 residential/office medium intensity district are adult congregate living
facility; day care facility: nursing home; religious institutions: private and public institutions;
schools.
Sec. 142-595. Accessory uses.
The accessory uses in the RO-3 residential/office medium intensity district are those uses
customarily associated with the district purpose. See article IV, division 2 of this chapter.
Sec. 142-596. Development regulations.
The development regulations in the RO-3 residential/office medium intensity district are as follows:
Max Minimum Minimum Minimum Average Maximum Maximum
Floor Lot Lot Unit Unit Building Number
Area Area Width Size Size Height of Stories
Ratio (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet)
1.25 5.600 50 New New Historic Historic
construction- construction- district--40 district--4
-550 -800 (except as (except as
Rehabilitated Rehabilitated provided in provided in
buildings--400 buildings--550 section section
142-1161) 142-1161)
Otherwise--50Otherwise--5
Sec. 142-597. Design review.
All construction or rehabilitation shall be approved under design review procedures as set forth in
chapter 118, article VI.
Sec. 142-598. Setback requirements.
The setback requirements for the RO-3 residential/office medium intensity district are as follows:
(1) Front yard: 20 feet.
(2) Side yard,interior: The sum of each side yard shall be at least 25 percent of the lot width,not
to exceed 50 feet, any one side yard shall have a minimum of 7.5 feet. When an existing building has
a minimum five-foot side yard the setback may be allowed to follow the existing building line. The
maintenance of the minimum required side yard setback shall apply to the linear extension of a
single-story building or the construction of a second floor addition to existing single-family
buildings.
(3) Side yard. facing a street: 15 feet minimum.
(4) Rear yard: 15 percent of the lot depth,20 feet minimum.
Sec. 142-599. Setback requirements.
(a) The setback requirements for the RO-3 residential/office medium intensity district are as
follows:
Front Side. Side, Facing Rear
Interior a Street
At-grade 20 feet 5 feet, or 5% of 5 feet, or 5% of Non-oceanfront
parking lot on lot width, lot width, lots--5
the same lot whichever is whichever is feet
greater greater Oceanfront
lots--50 feet
from bulkhead
line
Subterranean 20 feet 5 feet. or 5% of 5 feet. or 5% of Non-oceanfront
lot width, lot widthlots--0
whichever is whichever is feet
greater(0 feet if greater Oceanfront
lot width is 50 lots--50 feet
feet or less) from bulkhead
line
Pedestal 20 feet Sum of the side Sum of the side Non-oceanfront
Except lots A yards shall equal yards shall lots--10% of lot
and 1--30 of 16% of lot equal 16% of depth
Amended Plat width lot Oceanfront
Indian Beach Minimum--7.5 width lots--20% of lot
Corporation feet or 8% of lot Minimum--7.5 depth, or 50 feet
Subdivision width, whichever feet or 8% of from the
and lots 231- is greater lot widthbulkhead line,
237 of the whichever is whichever is
AmendedPlat greater greater
of First Ocean
Front
Subdivision--
50 feet
Tower 20 feet+ 1 foot The required Sum of the side Non-oceanfront
for every 1 foot pedestal setback yards shall lots--15% of lot
increase in plus 10% of the equal 16% of depth
height above 50 height of the the lot Oceanfront
feetto a tower portion of width lots--25% of lot
maximum of 50 the building. The Minimum--7.5 depth. or 75 feet
feet. then shall total required feet or 8% of minimum from
remain setback shall not lot width, the bulkhead line,
constant. exceed 50 feet whichever is whichever is
Except lots A greater greater
and 1--30 of the
Amended Plat
Indian Beach
Corporation
Subdivision and
lots 231--237 of
the Amended
Plat of First
Ocean Front
Subdivision--50
feet
(b) In the RO-3 residential/office medium intensity district,the ground floor level of a building
when viewed from a street shall be screened or enclosed. The method of screening or enclosure shall
be approved under the design review process.
SECTION 2 That Section 142-71 entitled "Districts Established" of the Land Development
Regulations of the Code of the City of Miami Beach, is hereby modified as follows:
142-71 Districts Established
(a)Districts and symbols. To achieve the purposes of these land development regulations,the Code
of the city,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
RO Residential/Office
RO-2 Residential/Office Low Intensity
RO-3 Residential/Office Medium Intensity
* * *
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. INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH.FLORIDA.
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 Code of the City of Miami Beach, Florida
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 6. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of November , 199 9 , however,
the effective date of any plan amendment shall be in accordance with Section 163.3184,
Florida Statutes.
PASSED and ADOPTED this 17th day of November , 199 9.
ATTEST:
MAYOR
CITY CLERK
F:\PLAN\$PLB\AUG\1999\RO 1409\1409R02.ORD
1st reading 9/22/99
2nd reading 11/17/99
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
/ / • /
CityAttorney Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
http\\ci miami-beach fl us
COMMISSION MEMORANDUM NO. Q,340-- l c
TO: Mayor Neisen O.Kasd' and DATE: November 17, 1999
Members of the City r•mmission
FROM: Sergio Rodriguez
City Manager JI
SUBJECT: RO Resid• , */Office Development Regulations
Second Reading - An Ordinance of the Mayor and City Commission of the
City of Miami Beach,Florida,Amending the Code of the City of Miami Beach,
Florida; by Amending Chapter 142,Article II,Entitled "District Regulations",
Amending Division 14, Entitled "RO Residential/Office District",by Adding
New Subdivisions to the RO Residential/Office Division, Creating the RO-2
Residential/Office Low Intensity and RO-3 Residential/Office Medium
Intensity Zoning District Classifications;by Amending Section 142-71 Entitled
"Districts Established",to Include the RO-2 and RO-3 Zoning Districts,And,
by Providing for Inclusion in the Code of the City of Miami Beach,Florida;
Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission, upon second reading public hearing,
adopt the proposed amending Ordinance.
ANALYSIS
The consideration of an ordinance amending the Land Development Regulations for the RO
Residential Office zoning district classification, designed to create additional refinements for the
RO district citywide, creating a new "limited" RO district where development regulations and
permitted uses for specified RO areas would be substantially limited, and which would allow low
intensity institutional uses and religious institutions as conditional uses was referred to the Planning
Board by the City Commission on July 20, 1999 during the public hearing for the proposed
rezoning of a section of 40th Street.
At the September 22, 1999 Commission meeting, the idea of creating a limited RO district for the
40th Street area was rejected; what was to have been the RO-1 portion of this ordinance was
dropped, and the proposed rezoning of the 40th Street area was withdrawn. Instead, the
Commission directed that the existing religious institutions in the 40th Street area should be
grandfathered, in terms of their non-conforming status relative to the zoning regulations for that
area. Planning Department staff is now working together with the City Attorney's Office to address
this issue,and the matter should be brought back to the Commission for approval early next year.
AGENDA ITEM f"-\5
1 DATE 1—n— ( `
Commission Memorandum
November 17, 1999
RO Residential/Office Development Regulations
Page 2
ANALYSIS (Continued)
RO-2 and RO-3
However, at that meeting, the Commission did vote to approved the balance of the proposed
ordinance, which would create two new zoning district classifications, RO-2 Residential/Office
Low Intensity,and RO-3 Residential/Office Medium Intensity. The proposed amending ordinance
before the Commission today has been revised as the Commission directed, deleting reference to ,
the RO-1 Limited classification. Instead, the revised ordinance only creates the RO-2 and RO-3
classifications.
Currently,the existing RO Residential Office zoning district classification contains a specific set
of permitted uses and development regulations. In the past year, during the process of the
comprehensive citywide zoning review,the Planning Board,along with Planning Department staff,
has identified that in some cases, for areas zoned or proposed to be rezoned to RO, the
development regulations associated with the RO district needed some revision to make them more
representative of the surrounding neighborhood. Based on the recommendations of the Planning
Board at previous zoning hearings, the Planning Department has drafted these proposed new
development regulations, which are before the Commission today. The Planning Board, at its
August 28, 1999 meeting,voted 5-2 to recommend approval of the originally proposed ordinance.
It is expected that in coming months,the Planning Department will bring to the Planning Board and
the Commission additional proposals for rezoning areas currently zoned RO Residential Office to
one of the two new RO categories, depending on the character and scale of each subject
neighborhood. After all the existing RO areas are rezoned to either RO-2 or RO-3, it is expected
that the original RO zoning district classification will be deleted from the Land Development
Regulations, leaving the new categories to function independently.
RO-2 Residential Office Low Intensity
The RO-2 district is envisioned as an intermediate type of zoning district,with permitted densities
and intensities midway geared towards areas containing primarily single-family type structures.
The typical area envisioned for this district is the segment of the east side of Alton Road between
12th Street and 14th Street. In these former single-family homes, office uses such as accountants,
architects,and other professional offices are locating. However,the goal of this district is to allow
such uses while discouraging redevelopment that is out of scale with the surrounding
neighborhood, specifically avoiding multi-story residential development in this single family scaled
zone.
The RO-2 will allow all the uses currently permitted by the RO district, and will add community
uses as a conditional use. The primary difference with the existing RO regulations is that the
development regulations are scaled to encourage single-family sized developments. The maximum
2
Commission Memorandum
November 17, 1999
RO Residential/Office Development Regulations
Page 3
ANALYSIS (Continued)
• building height is 25 feet, and the maximum FAR is 0.5. The Administration believes that this
district will encourage development that is viable and vital,while remaining at an appropriate scale
for the neighborhood.
RO-3 Residential Office Medium Intensity
The RO-3 district is designed to address some of the concerns expressed by the Planning Board
during the citywide rezoning process last year. Certain areas of the Architectural District, which
were being rezoned from CD-1 to RO, were thought to be able to support a greater development
intensity than the 0.75 FAR allowed by the RO regulations. When compared with the RM-1
development regulations,which applied to the surrounding low-scale multi-family apartment areas
surrounding the subject areas, the 0.75 FAR appeared to be too low.
The RO-3 development regulations mirror exactly the existing RM-1 Residential Multi-family Low
Intensity development regulations, thereby ensuring that RO development in these areas is
compatible with surrounding RM-1 areas. The maximum FAR is 1.25 and the maximum height
is forty(40) feet. A wider range of conditional uses is permitted.
In reviewing this request for an amendment to the land development regulations, the Planning
Board considered the following:
1. Whether the proposed change is consistent and compatible with the comprehensive plan
and any applicable neighborhood or redevelopment plans.
Consistent - The amendment does not require an amendment to the Future Land Use
Map of the Comprehensive Plan, as the RO Residential Office land use
category contained in the Future Land Use Element of the Comprehensive
Plan would encompass all the new zoning district classifications. The
proposed amendment is not contrary to any neighborhood or redevelopment
plan.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts.
Consistent - The new RO zoning district classifications will be able to be applied to
areas of the City which are transition zones,acting as a buffer between areas
of greater and lesser intensity.
3
Commission Memorandum
November 17, 1999
RO Residential/Office Development Regulations
Page 4
ANALYSIS (Continued)
3. Whether the change suggested is out of scale with the needs of the neighborhood or the
city.
Consistent - The new zoning district classifications will ensure that development is more
in character with the scale of surrounding neighborhoods.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
N/A
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Consistent- Areas will be proposed for rezoning to these new categories in future,based
on existing conditions in each area and in the surrounding neighborhoods.
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent- The new zoning district classifications will be able to be applied to areas
undergoing change,with a greater degree of control and refinement than the
existing zoning district classifications available.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
N/A
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
N/A
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Consistent - The proposed zoning districts will be compatible with existing zoning
districts of similar type and scale.
4
Commission Memorandum
November 17, 1999
RO Residential/Office Development Regulations
Page 5 .
ANALYSIS (Continued)
• 10. Whether the proposed change will adversely affect property values in the adjacent area.
N/A
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed new zoning districts will not change the development
regulations for adjacent sites which must comply with their own site
specific development regulations. Furthermore, the proposed ordinance
should not affect the ability for an adjacent property to be developed in
accordance with said regulations.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
N/A
13. Whether it is impossible to find other adequate sites in the city for the proposed use in a
district already permitting such use.
N/A 6
Based on the foregoing analysis, the Administration recommends that the Commission adopt, on
second reading public hearing, the proposed amending ordinance, as it would give the City
additional flexibility to tailor the development regulations for the various RO districts citywide to
each specific neighborhood.
SR\ \Ira,
\Rg
GL\r l
T:\AGENDA\1999\NOV 1799\REGULAR\I409CMM2.W PD
5
•
i
PROPOSED NEW
RO RESIDENTIAL/OFFICE
ZONING DISTRICTS
Proposed New Main Permitted Uses Conditional Uses Maximum Maximum
Zoning District (Requires Planning Floor Area Building
Board Approval) Ratio (FAR) Height
RO-2 Residential Single Family Religious 0.5 25'
Office Low Intensity Residences; Institutions;
Offices Daycare Facilities; •
Possible Areas: Private and Public
Alton Road between Institutions; ACLFs.
12th and 14th
Streets.
RO-3 Residential Single Family Religious 1.25 Historic
Office Medium Residences; Institutions; District:
Intensity Multi-family Daycare Facilities; 40'
Apartments; Private and Public
Possible Areas: Offices Institutions; ACLFs; Otherwise:
Pennsylvania Ave. Nursing Homes; 50'
between 7th and Schools.
11th Streets; Drexel
Avenue between
12th and 14th
Streets; 71st
Street/Normandy
Drive area.
6
CAD
It) ° Q �"
e N-to _ ,° r
M ° -d .-
V
N 4i
p �oW O
iZi 73,
W ^C w ~ '+,
U Ea) N 0
V • '�
Q
6
• V N
ct - 0 Fri
UUG: W