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Ordinance 2000-3227-A ORDINANCE NO. 2000-3227-A AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, AMENDING THE OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION 142-72 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF THE PROPERTY LOCATED AT 1330 WEST AVENUE (A/K/A THE PARKSHORE) FROM THE CURRENT ZONING DISTRICT CLASSIFICATION RM-2 RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY, TO THE PROPOSED ZONING DISTRICT CATEGORY RM-3 RESIDENTIAL MULTI- FAMILY HIGH INTENSITY; AMENDING THE AFFECTED PORTION OF THE CITY'S OFFICIAL ZONING DISTRICT MAP TO CORRESPOND WITH THIS CHANGE AS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. (FILE #1397) WHEREAS, the applicant, ZOM South Beach, Ltd., has made application to the City of Miami Beach to rezone the property located at 1330 West Avenue (A/K/A the Parkshore); and WHEREAS, amending the zoning of the property listed below as provided herein is necessary to insure that development of that property will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS OF 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 referenced in Section 142-72 of the Code of the City of Miami Beach, Florida,by changing the zoning district classifications of the property at 1330 West Avenue(A/K/A the Parkshore) from the existing zoning district classification RM-2 Residential Multi-Family Medium Intensity,to the proposed zoning district classification RM-3 Residential Multi-Family High Intensity. SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed.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 5th day of February , ;2000. PASSED and ADOPTED this 26th day of January , 2000. ATTEST: 1110) MAYOR R/41)-tk Pan-dalL CITY CLERK F:\PLAN\$PLBUUNE\PKSH1397\1397.ORD APPROVED TO 1st reading 12/15/99 FORM & LANGUAGE 2nd reading 1/26/2000 $ FOR EXECU e J i �1�;� ' i.(2-y/20 Attorny 1330 West Avenue GI) 110.11 it al. - - //11111 1 MI S � - �-- r----- TRE T 111MNI NM - - lir■ �_ 11111 _ _ X11111 .. :.. ■■• .... 111111 t ,I • ...... is al ,,,:.,111111 —mai ••IN • — *� ':111111 � ••• ••� .. ... 111111' : - •IS MNM'11: a7MN O M _ r y%% % MN OM NM MO OM NM MO _ -yl�• ti1s .rr� 0"" = = .o — 11 ... r s- = .r r.�tsa���■ me a■■ !! r amamini — Mil um NMi �ir =�=13111 . ••n _• i i — 1111111 vim - s{t. 11: a _ 111111 al 11111 _- '/ I 1_:»a N MNMIi r N 1111111 111111111111111 =n m [ I -i ..„ Rezoning From: RM-2 To: RM-3 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. 77 .-OO TO: Mayor Neisen O. Kasdin and DATE: January 26,2000 , Members of the City Commission FROM: Lawrence A. Levy City Manager SECOND READING -PUBLIC HEARING SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY CODE, CHAPTER 70, ENTITLED "MISCELLANEOUS OFFENSES,' BY AMENDING ARTICLE II, ENTITLED, "PUBLIC PLACES," BY AMENDING DIVISION 3, ENTITLED "ALCOHOLIC BEVERAGES,"BY AMENDING SECTION 70-87, ENTITLED "CONSUMPTION, SERVICE, SALE AND POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES ON OR IN PUBLIC PLACES, WARNING SIGNS REQUIRED,"BY AMENDING SIGNAGE REQUIREMENTS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS At the meeting of October 6, 1999,the Mayor and City Commission amended the Miami Beach City Code,Chapter 70,entitled "Miscellaneous Offenses." Included in this amendment was a provision to eliminate the conflict between this Ordinance and Chapter 138 of the City Code that governs signs with regard to the size of the sign and letters. When the Ordinance was amended, it required that each sign have letters two inches tall. It was found that the size of the letters, in conjunction with the required wording, yielded a sign that was just simply too big and unworkable.In order to alleviate this,the amendment reduces the size of each letter to one half inch each. AGENDA ITEM 5 A DATE J `21,0 -O�/ Commission meeting. The City Commission held the first Public Hearing on January 12,2000 and adopt the Ordinance and scheduled a public hearing for the second and final reading. The Administration recommends that the City Commission approve the Ordinance at the second and final reading. k /O LAL/RB/ D/PS/MMS F\POLI\TECHSERVIPOLICIESCOM_MEMOWrinking in public ordinance amendment 2nd reading.mem.wwpd CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. -7 9-OQ • TO: Mayor Neisen O.Kasdin and DATE:January 26,2000 Members of the City Commission • FROM: Lawrence A.Levy City Manager Second Reading Public Hearing SUBJECT: Parkshore Rezoning An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending the Official Zoning District Map, Referenced in Section 142-72 of the Code of the City of Miami Beach, Florida, by Changing the Zoning District Classification of the Property Located at 1330 West Avenue (A/K/A the Parkshore)from the Current Zoning District Classification RM-2 Residential Multi-Family Medium Intensity,to the Proposed Zoning District Category RM-3 Residential Multi-Family High Intensity; Amending the Affected Portion of the City's Official Zoning District Map to Correspond with this Change as Adopted by the City Commission; Providing for Repealer, Severability and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt, upon second reading and a public hearing, the proposed amending Ordinance. ANALYSIS The applicant,ZOM South Beach,Ltd.,has made application to the City of Miami Beach to rezone the property located at 1330 West Avenue, also known as the Parkshore property. The property is currently zoned RM-2 Residential Multi-Family Medium Intensity, and the applicant has requested that the property be rezoned to the RM-3 Residential Multi-Family High Intensity zoning district classification. The subject site is located between West Avenue on the east, 14th Terrace on the north, the single family homes of Monad Terrace on the south, and Biscayne Bay on the west. A thirty-three (33) story apartment building,known as the Parkshore, is currently under construction upon the subject site. The Parkshore received Design Review Board approval in 1995, at which time the development regulations allowed a building of this size to be constructed in the RM-3 zoning district. AGENDA ITEM I� 5 8 DATE )-2'oo Commission Memorandum January 26, 2000 Parkshore Rezoning Page 2 ANALYSIS (Continued) In November 1998, the subject property, along with the Monad Terrace properties to the south, was rezoned as part of the City's comprehensive citywide zoning efforts which downzoned 28 separate areas throughout the City. The subject property was rezoned from RM-3 Residential Multi-family High Intensity to RM-2 Residential Multi-family Medium Intensity. Subsequently, while reviewing the Future Land Use Plan amendments necessary to effectuate last year's zoning changes, the Planning Board at its meeting of February 23, 1999 decided not to redesignate the subject area from RM-3 to RM-2 on the Future Land Use Map, citing the presence of an existing • building which would be rendered non-conforming by the change. The City Commission, at its March 17, 1999 meeting, agreed with the Planning Board, and refrained from changing the land use designation from RM-3 to RM-2. The effect of this decision is that the property is zoned RM-2 on the zoning map, but designated RM-3 on the Future Land Use Map. In recognition that the Planning Board and the City Commission may have rethought the rezoning of the subject property, the applicant has applied to be rezoned from RM-2 back to RM-3. This upzoning would not require a referendum since the maximum permissible FAR would still be less that which was in place on June 4, 1997. The Planning Board,at its June 22, 1999 meeting, voted 5-1 to recommend approval of the proposed rezoning. As stated above,the City Commission, at its September 22, 1999 meeting, opened the public hearing on the matter and heard testimony, but did not take any action on the matter. At its December 15, 1999 meeting,the City Commission approved, on first reading, the proposed ordinance. Monad Terrace .The area directly to the south of the subject area is Monad Terrace, a private one-block street, containing single family homes and very low scale multi-family apartments. The Monad Terrace area was rezoned from RM-3 to RM-2 at the same time as the subject Parkshore site, in November 1998. The applicant for the matter before the Commission today is the owner of the Parkshore site, and the subject rezoning would apply only to the Parkshore site; the adjacent Monad Terrace area will remain zoned RM-2. However, at its December 15, 1999 meeting, the City Commission referred the re-zoning of Monad Terrace From RM-2 to RM-3 to the Planning Board, which will take the matter up in the near future. A new ordinance, re-zoning Monad Terrace From RM-2 to RM-3, will then be brought back to the Commission for approval. * * * 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. Commission Memorandum January 26, 2000 Parkshore Rezoning Page 3 ANALYSIS (Continued) Consistent- The amendment does not require an amendment to the Future Land Use Map of the Comprehensive Plan, as the property is designated RM-3 Residential Multi Family High Intensity on the adopted Future Land Use Map. Accordingly, the proposed change from RM-2 to RM-3 on the Zoning Map conforms to an intensity that is contemplated in the Comprehensive Plan. The amendment is not contrary to any neighborhood or redevelopment plan. Regarding the 1997 charter amendment in regards to waterfront properties, requiring a referendum for the increase of zoned floor area ratio (FAR) above that which existed at the date of the charter amendment (June 4, 1997), the base FAR for the RM-3 district as of that date was 3.50. Subsequently, the City reduced FAR for many zoning districts, including the RM-2 and RM-3 districts. Currently, the FAR for the RM-3 district is 2.75;therefore,this proposed rezoning does not increase the FAR over that which existed as of the date of the charter amendment, and consequently, does not require a referendum. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts. Consistent - The property is currently adjacent to the RM-3 district to the north, and nearby the RM-3 district to the south. The proposed amendment would join the property to the adjacent district. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the city. Consistent - The RM-3 zoning designation is compatible with most of the neighboring properties to the north and south. It is primarily the Monad Terrace properties directly adjacent to the south are not in scale with the intense nature of the RM-3 zoning district. The Monad Terrace properties will remain zoned RM-2,although the area continues to be designated RM-3 on the Future Land Use Map. The Monad Terrace area, single-family houses and low-scale apartments surrounded by more intense residential development, may be a candidate for historic designation if the desire to preserve this unique single-family area is to be realized. Commission Memorandum January 26, 2000 Parkshore Rezoning Page 4 ANALYSIS (Continued) 4. Whether the proposed change would tax the existing load on public facilities and infrastructure. Consistent - The proposed change will not impact upon the circulation of vehicular traffic on the City's roadway network,as the development project proposed for the property is already under construction. A traffic study was submitted as part of the Parkshore DRB application, and the development on the site had to meet concurrency,requiring that the developer enter into a mitigation development agreement with the City of Miami Beach. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Consistent- The existing designation of RM-2 is somewhat inconsistent with the RM-3 future land use designation of the subject property. RM-3 zoning of the subject property would be consistent with the existing conditions on the property,that is,the construction of a multi-story apartment tower currently underway. The rezoning of the subject property to RM-3 is also consistent with the majority of bayfront property in this area,which is also zoned RM- 3 and is characterized ,by high intensity multi-family residential development. 6. Whether changed or changing conditions make the passage of the proposed change necessary. Consistent- The subject property was downzoned from RM-3 to RM-2 as part of the comprehensive citywide rezoning, but subsequently retained as RM-3 on the Future Land Use Map by the Planning Board and City Commission. Rezoning the property back to RM-3 would acknowledge the existence of the Parkshore project on the subject site, and eliminate the disparity between the zoning map and the Future Land Use Map. 7. Whether the proposed change will adversely influence living conditions in the neighborhood. Commission Memorandum January 26, 2000 Parkshore Rezoning Page 5 ANALYSIS (Continued) Partially Consistent - The proposed amendment should not adversely influence living conditions in the neighborhood any more than is currently occurring as a result of the construction of the Parkshore. 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. Consistent - The proposed change, in and of itself, will not have an impact upon traffic circulation which would exceed allowable levels of service (LOS); the project under construction will have an impact,but will be mitigating these impacts by improvements contemplated within a signed mitigation development agreement. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. Partially Consistent - The proposed change will not seriously reduce access to light and air, as the previously approved building is currently under construction already. 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; the development of the Parkshore building as new luxury apartments could further enhance surrounding values. 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 will not deter development on adjacent sites. The proposed rezoning should not affect the ability for an adjacent property to be developed in accordance with said regulations. Commission Memorandum January 26, 2000 Parkshore Rezoning Page 6 ANALYSIS (Continued) 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. Consistent- The thirty-three (33) story apartment building permitted for the site and currently under construction is rendered non-conforming as a result of the downzoning of the property to the RM-2 zoning district. Although the building has been permitted and the zoning change did not affect the property owners ability to develop the property as approved, the applicant has argued that the RM-2 zoning has negative implications in terms of insurance for the building and financing for the project, and would prefer to have the property rezoned back to RM-3. It should be noted that even if the property is rezoned to the RM-3 district, the project under construction will remain non-conforming with respect to height and FAR. 13. Whether it is impossible to find other adequate sites in the city for the proposed use in a district already permitting such use. Partially Consistent - The subject site is one of the last relatively undeveloped parcels located on the Bayfront and the development of a thirty-three (33) story apartment building on the site is currently underway.. Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing,the proposed zoning map change,as the previously approved thirty- three (33) story Parkshore building is currently under construction upon the property, and as the Planning Board and the City Commission have recently declined to redesignate the property to RM- 2 on the Future Land Use Map. 411 rY LAL\ 4 \RGL\rgliLA T:\AGENDA\2000\JAN2600\REGULAR\1397CMM2.WPD r . • •ir V N .� N M nj r O ~ N O V W E c � zQ ... Oz bn •c c �"