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Ordinance 99-3218 ORDINANCE NO. 99-3218 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", BY AMENDING DIVISION 3, SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY", BY MODIFYING THE EXISTING MAXIMUM HEIGHT RESTRICTIONS AND MAXIMUM NUMBER OF • FLOORS FOR LOTS FRONTING ON THE ATLANTIC OCEAN WHICH ARE OVER 100,000 SQUARE FEET; AND, BY PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. WHEREAS, the applicant, 5937 Collins, Inc., has made application to the City of Miami • Beach("City")to amend the Land Development Regulations of the City Code relative to the height restrictions for the RM-2 Residential Multi-Family Medium Intensity zoning district; and WHEREAS,the City of Miami Beach has determined that modifying the height restrictions for the RM-2 Residential Multi-Family Medium Intensity zoning district is necessary to ensure that new development is compatible and in scale with the built environment of the City; and, WHEREAS, the Mayor and City Commission of the City of Miami Beach, Florida have determined that the applicant's requested change, modifying the development regulations to allow a maximum height of 140 feet or 15 stories for those properties in the RM-2 zoning district fronting on the Atlantic Ocean which are over 100,000 square feet, will ensure that new and future development is in the best interest of the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Division 3, Subdivision IV, entitled"RM-2 Residential Multi Family,Medium Intensity" of Chapter 142 of The Code of the City of Miami Beach, Florida is hereby modified as follows: DIVISION 3. RESIDENTIAL MULTIFAMILY DISTRICTS * * * Subdivision IV. RM-2 Residential Multi Family, Medium Intensity * * * 1 Section 142-217 Area requirements * * * 3. Min.Lot Area 4. Min.Lot Width 5. Min.Unit Size 6. Avg.Unit Size 7. Max.Bldg. 8.Max.No.of (sq.ft.) (feet) (sq.ft.) (sq.ft.) Height Stories (feet) 7,000 50 New Construction- New Construction- Historic District-50 Historic District-5 550 800 (Except as provided (Except as provided in Subsection 6-28) in Subsection 6-28) Rehabilitated Rehabilitated Buildings-400 Buildings-550 otherwise-60; otherwise-6; Hotel Unit 15%: Hotel Units - Area fronting west Area fronting west 300-335 N/A side of Collins Ave. side of Collins Ave. 85%: btwn.76th St.and btwn.76th St.and 335+ 79 St.-75 79 St.-8 Area bounded by Area bounded by Indian Creek Dr., Indian Creek Dr., Collins Ave.,26th Collins Ave.,26th St.,and 44th St.- St.,and 44th St-8 75 Lots fronting Lots fronting Biscayne Bay less Biscayne Bay less than 45,000 s.f.- than 45,000 s.f.-11 100 Lots fronting Lots fronting Biscayne Bay over Biscayne Bay over 45,000 sq.ft.-140 45,000 sq.ft.-15 Lots fronting Lots fronting Atlantic Ocean over Atlantic Ocean over 100,000 so.ft.- 100,000 so.ft.-15 140 * * * SECTION 2. 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 2 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 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 on the 27th day of November , 1999. PASSED and ADOPTED this 17th day of November , 1999. MA OR ATTEST: 1744“it CITY CLERK APPROVED AS TO Underlined=new language FORM & LANGUAGE Sty ikeout= deleted language & FOR EXECUTION F:\PLAN\SPLB\MAY\BATH 1393\1 394RM2H\1394.0RD September 15,1999 / Al 94;0' 1st reading 9/22/99 CY.A# n*yor 2nd reading 11/17/99 3 CITY OF. MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http.\\ci miami-beach fl us COMMISSION MEMORANDUM NO. pVq-99 TO: Mayor Neisen O.Kasdin and DATE: November 17,1999 Members of the City C' mission FROM: Sergio Rodriguez / City Manager SUBJECT: Bath Club- ' -2 Maximum Building Height 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", by Amending Division 3, Subdivision IV, Entitled "RM-2 Residential Multi Family, Medium Intensity", by Modifying the Existing Maximum Height Restrictions and Maximum Number of Floors for Lots Fronting on the Atlantic Ocean Which Are over 100,000 Square Feet; 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, adopt the proposed amending Ordinance. ANALYSIS The applicant, 5937 Collins, Inc., has made application to the City of Miami Beach to amend the Land Development Regulations of the City Cod€relative to the height restrictions for oceanfront lots within the RM-2 Residential Multi-Family Medium Intensity zoning district. In addition to this request, the applicant has also applied for a rezoning of the property located at 5937 Collins Avenue, also known as the Bath Club property; this related application is discussed under separate cover. The Bath Club The Bath Club was constructed in 1927 and has served as a private beach club since that time. The site contains approximately 5.28 acres, and currently consists primarily of low-rise buildings. In 1993,Bath Club, Inc. requested a change in zoning from the then existing RM-3 Residential Multi Family High Intensity zoning district classification to the RM-1 Residential Multi Family Low Intensity zoning district classification. The change was requested in order to bring the zoning into conformity with the existing low intensity use of the property, and to reduce the property tax burden on the land owners. In 1994, the City Commission approved the rezoning request. AGENDA ITEM F 5 E DATE t ( n-9 1 Commission Memorandum November 17, 1999 Bath Club -RM-2 Maximum Building Height Page 2 ANALYSIS (Continued) At the present time, the applicant is proposing to undertake redevelopment of the Bath Club property into a luxury resort hotel. While the ultimate site plans have not been finalized for the proposed project,the applicant anticipates that the development would have a maximum floor area ratio of 2.0 with some individual buildings of approximately 140 feet in height. The applicant is requesting to amend the height restrictions for the RM-2 zoning district classification to allow a 140 foot height limit for the property. A companion application, requesting the rezoning of the property to RM-2 is addressed under separate cover. On June 22, 1999, the Planning Board voted 4-3 to recommend that the Commission approve the proposed amendment to the height restrictions for the RM-2 zoning district classification. At its September 22, 1999 meeting, the City Commission voted 6-0 to approve the proposed amending ordinance on first reading. This proposed amendment would modify the height regulations for the RM-2 zoning district classification. Currently, outside of the Architectural District,the maximum height for the RM-2 district is 60 feet,except for the area fronting the west side of Collins Avenue between 76th Street and 79th Street and the area bounded by Indian Creek Drive,Collins Avenue,26th Street,and 44th Street, where it is 75 feet. However for lots fronting Biscayne Bay which are less than 45,000 square feet in area,the maximum height is 100 feet, and for lots fronting Biscayne Bay which are over 45,000 square feet, the maximum height is 140 feet. The proposed amendment would create another Category,for lots fronting the Atlantic Ocean which are over 100,000 square feet in area. The building height limitation for this type of lot is proposed to be 140 feet in height and a maximum of 15 stories. The figure of 140 feet compares to the maximum building height for the RM-3 zoning district,which is 200 feet for Oceanfront lots. The only existing property within the City that would fulfill the criteria of the proposed height change would be the Bath Club site, which is currently the subject of a request for rezoning to RM-2 from its current RM-1 classification. The Dezerland property at the north cityline is also zoned RM-2, but is less than 100,000 square feet in area and would not be affected by this proposed change. 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. N/A Commission Memorandum November 17, 1999 Bath Club -RM-2 Maximum Building Height Page 3 ANALYSIS (Continued) 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The proposed amendment would reduce the disparity between the RM-2 and RM-3 zoning for large oceanfront properties. While a large RM-3 site could have new development of up to 200 feet in height, this proposal would limit height in the RM-2 district to 140 feet, consistent with heights of nearby existing buildings. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent - The proposed height limitation for large oceanfront properties in the RM-2 zoning designation is compatible with existing neighboring properties in the RM-3 district. However, the land development regulations for the RM-2 district, including the proposed amendment to the height regulations for oceanfront lots over 100,000 s.f., would allow less intense development than the neighboring and adjacent properties. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Partially Consistent - The proposed change should not negatively impact the existing load on public facilities and infrastructure. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Consistent- The only site within the City that meets the criteria of the proposed ordinance would be the Bath Club site. This site, if designated rezoned to RM-2,would still be subject to a less intensive development than the RM-3 designations surrounding the subject property. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent - The Bath Club property is now being proposed as a site for a luxury hotel. Accordingly,the change in use necessitates the proposed change in zoning and height and would fit into the character of Miami Beach as an upscale Commission Memorandum November 17, 1999 Bath Club -RM-2 Maximum Building Height Page 4 ANALYSIS (Continued) tourist destination complete with luxury accommodations. In order to retain the existing low-rise Bath Club complex, the new development on the remaining portion of the site must be taller than would be permitted under the current RM-2 regulations in order to accommodate permitted density and programming. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. Consistent - The proposed amendment should not adversely influence living conditions in the neighborhood; allowing structures to be taller would result in more open space retained at grade. 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. Partially Consistent - A change in the height limitation for this zoning district should not affect the LOS for the area traffic circulation and/or public safety. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Partially Consistent- Although shadowing may be slightly increased,the proposed change will not seriously reduce access to light and air. The 140 foot height limitation, with a limited density of 2.0, will allow for a more slender tower than if the height were to remain at 60 feet or six stories. 10. Whether the proposed change will adversely affect property values in the adjacent area. Consistent - The Administration is of the opinion that property values in the adjacent areas would not be negatively affected by the proposed amendment. 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 amendment should not deter development on adjacent sites. The proposed change in height and the companion change in zoning should Commission Memorandum November 17, 1999 Bath Club -RM-2 Maximum Building Height Page 5 ANALYSIS (Continued) not affect the ability for adjacent properties 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. Consistent- The Bath Club site, a lot of over 100,000 square feet directly fronting the Atlantic Ocean, is surrounded by the RM-3 Residential Multi-Family zoning district,which has a 200 foot height restriction. A height limitation of 140 for properties of this nature would be compatible with their immediate surroundings; moreover, this taller height will allow for the retention of the historic Bath Club structures without forsaking permissible density. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Consistent - The Bath Club site is unique in being one of the last relatively undeveloped parcels in the Mid-Beach area; no other nearby site proves as desirable for the development of a luxury hotel. The proposed height amendment would allow for such redevelopment, while simultaneously retaining the historic Bath Club structures. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing,the proposed amendment to the Land Development Regulations of the City Code, as it would permit the development of appropriately scaled development on the City's only large oceanfront lot which would be zoned RM-2, Residential Multi-Family Medium Intensity. SR 11 \JGG\RGL\rgl T:\AGENDA\1999\NOV 1799\REGULAR\1394CMM2.WPD Q.) : . 0 2 : / \ t © c :2 J = . W 2 • ccp u • -4 '42 '§ 2 / 2 ,= ° - §4-4 - - c d 0 J R § u t W O & u m > & 2 .§ ?O ) / ' c g ,2 § j ° q q k `