Ordinance 2000-3230-A ORDINANCE NO. 2000-3230-A
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 3, SUBDIVISION III, ENTITLED "RM-PRD MULTI FAMILY,
PLANNED RESIDENTIAL DEVELOPMENT DISTRICT",BY ADDING AN
RM-PRD2 ZONING DISTRICT CLASSIFICATION; AND,BY PROVIDING
FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS,the applicant, 63rd Street Associates,Ltd.,has made application to the City of
Miami Beach to amend the Land Development Regulations of the City Code relative to adding an
RM-PRD2 Multi-Family Planned Residential Development zoning district category and
development regulations relative thereto, in order to permit a planned residential development of a
particular type and character at the St. Francis Hospital Site; and
WHEREAS, the Miami Beach Planning Board has determined that new regulations
regarding a new RM-PRD2 Multi-Family Planned Residential Development zoning district category
should be significantly scaled down in density and intensity from what has been proposed by the
applicant; and
WHEREAS, the applicant has met several times with various neighborhood groups, and
agreed to modify the proposal for the new RM-PRD2 Multi-Family Planned Residential
Development zoning district classification as suggested by the Planning Board and Planning
Department staff, and to incorporate additional revisions suggested by the neighborhood groups to
ensure that the new development is compatible and in scale with the built environment of the City;
and,
WHEREAS,the City of Miami Beach has determined that adding the new RM-PRD2 Multi-
Family Planned Residential Development zoning district classification, as revised by the applicant
in response to the above,will 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 new RM-PRD2 Multi-Family Planned Residential Development zoning district
classification, as revised, 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 III, entitled "RM-PRD Residential Multi Family,
Planned Residential Development" of Chapter 142 of The Code of the City of Miami Beach,Florida
is hereby modified as follows:
DIVISION 3. RESIDENTIAL MULTIFAMILY DISTRICTS
SUBDIVISION IIIA
RM-PRD-2 MULTI-FAMILY, PLANNED RESIDENTIAL DEVELOPMENT
Section 142-187 Purposes and Uses
1.District Purpose 2.Main Permitted Uses 3.Conditional Uses 4.Accessory Uses
This district is designed to Single Family detached None See Section 142-901 through
provide for low intensity Dwelling:Townhomes 142-905.
Multiple-Family Planned Apartments:* Commercial uses as specified in
Residential Development,with Section 142-194c.
limited accessory commercial
use.
*For the St. Francis Hospital Site, the area ref9renced in the attached Appendix shall be restricted
to single family or townhouse development.
Section 142-188 Development Regulations
1.FAR 2.Min.Lot Area 3.Min.Lot Width 4.Min.Unit Size 5.Avg.Unit Size 6.Max.Bldg.
acres feet (sq.ft.) (g1Q Height(feet)
1.45 7 See Guidelines See Guidelines N/A See Guidelines
below below below
For the St. Francis Hospital Site, residential development within this district may not exceed the
following: 180 Total Dwelling Units
Section 142-189 Existing Structures
For purposes of this Section, structures existing as of April 1. 1999 which are demolished
subsequently will not be replaced. except as allowed under the provisions of this Subdivision.
Section 142-190 Lot Split
Lots,plots, and parcels of land under this section,whether improved or unimproved or Building Site,
as defined under the Land Development Regulations of the City Code., designated by number,letter
or other description in a plat of a subdivision, may be further divided or split under this Section.
Such division or split shall be considered to be in compliance with the regulations of this Ordinance,
and shall not be reviewed under Miami Beach Land Development Regulations Section 118,Article
VII.
Section 142-191 Master Plan Approval
Development under this Subdivision shall be subject to review under the Design Review procedures
pursuant to the Chapter 118, Article VI of the Code of the City of Miami Beach, Florida.
For the St.Francis Hospital Site, development shall be substantially in compliance with the Master
Plan on file with the City of Miami Beach Planning Department,prepared by Duany Plater-Zyberk,
which reflects a maximum of 180 allowable residential units.
Section 142-192 Open Space
Common landscaped areas shall be a minimum of 9.5% of the site. A minimum of 50% of total
landscaped area shall be retained for passive uses, with the remainder available for active uses.
Landscaped areas shall be paved for no more than 10%of their surface. For purposes of this section,
the calculation of open space does not include private street rights of way.
Section 142-193 Non-Conforming Buildings and Uses
Nonconforming buildings, approved as part of the Master Site Plan, which are damaged. repaired
or rehabilitated by more than 50 percent of the value of the building as determined by the building
official pursuant to the standards set forth in the South Florida Building Code may be repaired or
rehabilitated if the following conditions are met:
a. Renovated or repaired units shall meet the minimum floor area as set forth for this zoning
district. The number of units in the building shall not be increased.
b. Such repairs or reconstruction in the damaged or repaired portion of the building shall meet
the requirements of the city property maintenance standards, the South Florida Building Code, and
fire prevention and safety code.
Buildings considered legally non-conforming will continue to maintain their legal non-conforming
status, except that for the St. Francis Hospital Site, office uses in the Morris Tower building
(Northeast building) may be allowed for a period of two (2) years after the effective date of this
ordinance,after which they are no longer considered legally non-conforming,and shall be converted
to residential use.
Section 142-194 Urban and Architecture Design Guidelines
1. Streets
a. Alleys: There shall be a continuous network of alleys to the rear of building
lots.
b. Block perimeter: Average perimeter of all blocks shall not exceed 1200 feet.
No block face shall have a length greater than 300 hundred feet without an
alley or pedestrian pathway providing through access to another street or
alley.
c. Sidewalks: Sidewalks shall be a minimum of 5' wide. Walks adjacent to
commercial uses shall be a minimum of 8' wide. Free and public use of the
sidewalk beyond the right-of-way shall be protected by a public access
easement.
d. Street and Garden Walls: Streetwalls shall be built on the frontage line or
aligned with the building walls.
e. Parking: Parking lots shall be located at the rear or at the side of buildings.
On street parking directly fronting a lot shall count toward fulfilling the
parking requirement of that lot. Attached and detached single family units
shall have a minimum of one and a half parking spaces. Parking for
community related retail and service uses may provide required parking on
street or in parking garages accessible within an eight-hundred foot radius of
the activity.
2. Utilities: Utilities shall run underground. Utility boxes (transformers, telephone
boxes, backflow preventers. etc.) shall be concealed in alleys or other locations.
3. Common Open Space
a. Lighting: Lighting of rights-of-way and pedestrian public spaces shall be
achieved with lamps attached to buildings, landscape lighting, or street lights
which shall not exceed j 6 ft. in height. Other lighting may be used in areas
that are primarily for service use and are concealed from public pedestrian
spaces.
b. Plazas: There shall be a minimum of one plaza, whose use is restricted to
temporary parking,landscaping,and permanent architecture or water features.
Plazas shall have a maximum width to height ratio (width of plaza to height
of adjacent building and/or landscaping)of 3 to 1 and shall have continuously
defined edges.
c. View & Access: View corridors within site and pedestrian access to the
waterfront shall be maintained as per the site plan to be approved by the
Design Review Board. Waterfront access shall be continuous and shall be a
minimum of 12' wide.
d. Landscaping: Those areas of the development fronting on public streets shall
be landscaped.
4. Buildings
a. General
(i) Building Use: All principal buildings shall have residential uses,
including townhouses and apartment buildings. Limited accessory
ground floor retail and commercial uses shall be allowed as set forth
in this section.
(ii) Principal Entry: The principal pedestrian entrance of all buildings
(except outbuildings) shall be directly from a public space (street or
square.)
(iii) Setback Requirements: All new buildings shall be setback from
existing rights of way a minimum of twenty(20) feet.
(iv) Special Sites: Special sites, which act as the termination of a vista,
a gateway, or a leading corner, shall receive architectural treatment
recognizing their position.
b. Townhouses
Minimum Lot Width: Up to twenty (20) percent of the townhouses
may be a minimum of 18'wide: the remaining townhouses shall be a
minimum of 24' wide.
(ii) Maximum Lot Width: Townhouses shall be a maximum 48' wide.
Notwithstanding this limitation, nothing in this section precludes a
single owner from purchasing continuous Townhouses, with a total
lot width in excess of 48', but the living space in such Townhouses
may not be combined.
(iii) Minimum Unit Size: Townhouses shall be a minimum of 1600 sf.
area.
(iv) Maximum Building Height: Townhouses shall not exceed thirty-five
(35) feet in height (3 stories) (excluding chimneys and elevator
towers)to the eave. A cornice line shall be used to define the top of
the first floor. Chimneys, elevator towers, enclosed stairwells,
covered roof terraces,towers (with footprints less than four hundred
(400) square feet and a height limit of twelve (12) feet above roof
high point) shall be allowed.
(v) Setback Requirements: Townhouses shall be setback a minimum of
six(6) feet from the frontage line. Townhouses at street intersections
shall be set back six (6) feet from the frontage line. Setback
requirements shall apply to the enclosed portion of the buildings only.
Setback requirements do not apply to outbuildings where they front
streets. Setbacks on consolidated lots shall apply as in a single lot.
Townhouses shall have a setback of zero (0) feet from at least one
side property line. There shall be no required rear setback.
(vi) Detached Accessory Structures: One or more accessory structures
shall be allowed on each lot. Accessory structures shall not be
rentable separate from the main townhome.
(vii) Street Wall: Townhouses shall have a streetwall built along the
unbuilt frontage of a street.minimum 18"high and maximum 6'high.
(viii) Unit Entry: Townhouses with the minimum setback shall have their
entry set to one side of the facade. This is to preserve the possibility
•
or retrofitting a ramp for wheelchair access. Buildings shall have a
first floor front elevation minimum of eighteen (18) inches above
finished sidewalk grade.
c. Apartments
(i) Minimum Unit Size: Apartments shall be a minimum of 1,000 sf.
(ii) Minimum Average Unit Size: Apartments shall be a minimum
average of 1.500 sf.
(iii) Maximum Building Height: Newly constructed Apartment Buildings
as of April 1, 1999 shall not exceed the following:
For the St. Francis Hospital Site:
East of the extension of the centerline of Water View Prado to the
southernmost end of Allison Island: one hundred and twenty (120)
feet in height (excluding chimneys and elevator towers) to the
cornice.
A cornice or plinth line shall be used to define the top of the building
base.
(iv) Setback Requirements: Apartment Buildings shall have a setback of
a minimum of twenty (20) feet from existing city streets.
(v) Building Use: Building use shall be primarily residential, with
commercial and retail space allowed at ground floor locations. For the
St. Francis Hospital site, this commercial and retail space is limited
to a total maximum of 1,000 s.f. All such commercial uses shall
neither be visible from any public streets nor open to persons other
than residents of the proposed development and their guests. No
exterior signage shall be permitted. Permitted tenant types are listed_
below.
(vi) Retail Uses: Retail space allowed at ground floor shall be limited to
the following uses: art galleries: bakery: barber/beauty parlor: café:
confectionary. sales of cookies/ice cream: convenience store;
delicatessen: dry cleaning (no cleaning on premises): sales of
newspapers, magazines.
(vii) Commercial Uses: Commercial space allowed at ground floor is
limited to:professional offices,including but not limited to attorney,
accountant,architect, etc. Commercial uses are limited to the interior
of the proposed development. For the St. Francis Hospital Site,
commercial uses are prohibited from direct frontage onto 63rd Street.
(viii) Existing Buildings: Existing buildings may be converted to
residential use provided they meet all requirements of the Land •
Development Regulations of the City Code.
(ix) Height of Existing Buildings: For the purposes of architectural
enhancement,existing structures as of April 1. 1999 may be increased
in height as follows:
For the St. Francis Hospital Site:
East Buildings: The East Buildings may be increased by a maximum
of twenty-five(25) feet or two stories above the existing height. Such
additional floor area shall not exceed twenty five (25)percent of the
enclosed floor area immediately one floor below.
Morris Tower building (Northeast building): If the Design Review
Board deems that the addition of further height to the Morris Tower
building (Northeast building) aesthetically enhances the project,the
Morris Tower building (Northeast building) may be increased by a
maximum of twenty-five (25) feet or two stories above the existing
height. Such additional floor area shall not exceed twenty five (25)
percent of the enclosed floor area immediately one floor below.
No variances for building height shall be permitted for structures
fronting on 63rd Street.
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. 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 5. EFFECTIVE DATE.
This Ordinance shall take effect on the 5th day of February , 2000.
PASSED and ADOPTED this 26th day of January , 2000.
ATTEST:
MAYOR
•
C
CITY CLERK
F:\PLAN\$PLB\MAY\HOSP 1391\1392PRD2\FINAL.FIN
1st reading 11/17/99 APPROVED AS TO
2nd reading 1/26/2000 FORM & LANGUAGE
& FOR EXECUTION
4 1/WcrO
City A torney Date
TEW CARDENAS REBAK
REPLY TO: _ - KELLOGG LEHMAN
Miami • {�
WRITER'Sk-DIRECT LINE CO S 1 PM 2: 02 DEMARIA &TAGUE, L.L.P.
(305)539-2114 •
��1Y � , . ,K 1 J ATTORNEYS AT LAW •
E-MAIL:
BDF@Tewlaw.com
January 19, 2000
VIA FACSIMILE & HAND DELIVERY
Gary Held, Esq.
First Assistant City Attorney
City Attorney's Office
•
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
Re: St. Francis: Declaration of Restrictions
Our File No.: 20654.002
Dear Mr. Held:
I enclose a proposed Declaration of Restrictions. Per our agreement, I will provide you with
an executed Declaration of Restrictions and updated Opinion of Title by January 21, 2000.
Please call with any questions or comments you may have.
Since ely,
o• de a Fuente
For the Firm
Encl.
cc: Mr. Jorge Gomez(via facsimile)
Mr. Richard Lorber(via facsimile)
• MIAMI OFFICE •
MIAMI CENTER, 26TH FLOOR,201 SOUTH BISCAYNE BOULEVARD,MIAMI, FLORIDA 33131-4336,TELEPHONE 305/536-1112,FACSIMILE 305/536-1116
• WEST PALM BEACH OFFICE •
COMEAU BUILDING,SUITE 1000,319 CLEMATIS STREET,WEST PALM BEACH,FLORIDA 33401,TELEPHONE 561i835-4200,FACSIMILE 561/835-1242
• TALLAHASSEE OFFICE •
403 EAST PARK AVENUE,TALLAHASSEE,FLORIDA 32301,TELEPHONE 850/205-0452,FACSIMILE 8.50/577-0022
•
•
This instrument was prepared by and DRAFT
when recorded should be returned to: _
Santiago D.Echemendia,Esq.
Tew Cardenas Rebak Kellogg
Lehman DeMaria&Tague,L.L.P.
Miami Center,26th Floor
201 South Biscayne Boulevard
Miami,FL 33131
DECLARATION OF RESTRICTIONS
The undersigned, as Owner of the following described real property(the "Property"), lying, being
and situated in Miami-Dade County, Florida, and legally described as follows:
See attached Exhibit"A."
IN ORDER TO ASSURE the City Commission of the City of Miami Beach that the representations made
to them by the-Owner will be abided by, the Owner, its successors and/or assigns freely, voluntarily and
without duress makes the following Declaration of Restrictions covering and running with the Property:
(1) That this Declaration shall become final and shall be recorded at Owner's cost in the Public
Records of Miami-Dade County conditional upon the final, non-appealable approvals of
the following pending applications by the City Commission of the City of Miami Beach,
Florida("City Commission"):
a. File No. 1391A: Zoning Map Change
b. File No. 1391B: Future Land Use Map Change
c. File No. 1392A: RM-PRD2 Land Development Regulations
d. File No. 1392B: Comprehensive Plan Text Amendment
In the event that approvals of any of the foregoing applications are appealed to the Florida
Department of Community Affairs ("DCA")or other body or court with jurisdiction over
the matter,this Declaration shall become final and shall be recorded upon the resolution of
such appeals affirming the City Commission's approvals. Finality and recordation shall
determine the effective date of this Declaration("Effective Date").
Upon failure to obtain a final, non-appealable approval from the City Commission, or
failure to obtain affirmation of City Commission approval for any of the foregoing
applications,this Declaration shall automatically terminate and be of no further force and
effect.
(2) That the Owner shall demolish and remove from the Property within 12 months of the
Effective Date all remaining hospital structures with the exception of the Morris Tower.
(3) Total maximum Accessory Commercial Space on the Property shall be limited to 1000
Square Feet.
(4) There will be a maximum of one hundred eighty(180)dwelling units on the Property.
(5) No amendments to this Declaration of Restrictions shall be permitted without approval
- from any three of the four following Homeowners' Associations:
(i) Allison Island Homeowners' Association
(ii) Alton Road Homeowners' Association
(iii) La Gorce Island Homeowners' Association
(iv) La Gorce/Pine Tree Drive Homeowners' Association
Owner may apply for modification for up to five(5)percent of any particular provision of
this Declaration of Restrictions without approval of the aforelisted homeowners'
associations.
(6) The height limitations for the habitable space of the townhouses and apartments as
approved under File No. 1392A shall not be modified.
(7) The proportionate allocations of the Property for townhouses and apartments, as approved
under File No. 1392A, shall not be modified.
(8) A maximum of 20%of townhouses shall have a width of eighteen(18)feet. The remaining
townhouses shall have a width of twenty-four(24)feet or greater.
(9) ' There shall be one view corridor of a minimum of forty(40)feet between newly constructed
buildings on the current location of the East Tower.
(10) Owner shall submit a landscape plan to the Design Review Board for approval.
(11) Owner shall have the right to continue to use all occupied office space of the Morris Tower
for office use from the date of final, non-appealable approval of all applications listed in
Paragraph 1, for a period of up to twenty-four (24) months. After the expiration of the
twenty-four(24)month period,the Morris Tower shall be limited to residential purposes
and accessory commercial purposes on the first floor.
(12) Ingress and egress to and from the Property will be aligned such that a single traffic light
shall control both Allison Island North and Allison Island South. Owner shall make good
faith efforts to make a right turning lgne available for the South side of Allison Island at this
intersection. Any such improvements are subject to the approval of the Florida Department
of Transportation and the City of Miami Beach.
(13) The Property shall be developed in phases. The first phase of development shall include
construction of the apartments, as approved under File No. 1392A, and shall include the
equivalent of one block of townhouses.
Inspection. It is hereby understood and agreed that any official inspector of the City of Miami
Beach or its agents duly authorized, may have the privilege at any time during normal working hours of
entering and investigating the use of the premises to determine whether or not the requirements of the
Building and Zoning regulations and the conditions of this declaration are being complied with.
Application of Declaration. These restrictions during their lifetime shall be for the benefit of, and
limitation upon, all present and future owners of the Property and for the public welfare.
This Declaration on the part of Owner shall constitute a covenant running with the land, shall be
recorded in the public records of Miami-Dade County,Florida,and shall remain in full force and effect and
be binding upon the undersigned,their heirs, successors and assigns.
Term of Declaration. This Declaration on the part of the Owner shall run with the land and shall
be binding upon the undersigned,heirs,successors and assigns for an initial period of thirty(30)years from
the date of this Declaration is recorded in the Public Records of Miami-Dade County, Florida,and shall be
extended automatically for successive periods of ten (10) years each, thereafter, unless an instrument
executed by the,then,fee-simple owner(s)of the Property has been recorded agreeing to change the covenant
in whole,or in part,provided that the Declaration has first been modified,amended or released as set forth
in the modification paragraph below.
Presumption of Compliance. Where construction has occurred on the Property or any portion
thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy
given by the City,then such construction, inspection and approval shall create a rebuttable presumption that
the buildings or structures thus constructed comply with the intent and spirit of this Declaration.
Modification, Amendment, and Release. This Declaration, or any portion thereof, may be
modified, amended, or released, by a written instrument executed by the then owner(s) of the Property,
subject to the terms of Paragraph(5)above, provided that the same is also approved by the City Commission
of the City of Miami Beach, Florida, after public hearing.
Should this Agreement be so modified, amended or released, the Director of the Planning
Department, or the executive officer of the successor of such office, or in the absence of such director or
executive officer by his assistant in charge of the office in his absence, shall forthwith execute a written
instrument effectuating and acknowledging such modification, amendment or release.
Enforcement. Enforcement shall be by action against any parties or persons violating,or attempting
to violate,any of these covenants. The prevailing party in any action or suit pertaining to or arising out of
this declaration shall be entitled to recover, in addition to costs and disbursements allowed by law,such sum
as the Court may adjudge to be reasonable for the services of his attorney.
This enforcement provision shall be in addition to any other remedies available at law or in equity
or both.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be
cumulative and the exercise of any one or more shall neither be deemed to constitute an election of remedies,
nor shall it preclude the party exercising the same from exercising such other additional rights,remedies or
privileges.
Severability. Invalidation of any one of these covenants, by judgment of Court, in no way shall
affect any of the other provisions which shall remain in full force and effect.
Reviewed and approved as to legal sufficiency.
City Attorney, City of Miami Beach
Dated:
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