Ordinance 2000-3282 ORDINANCE NO. 2000-3282
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 FOR THE
PROPERTIES FRONTING ON MONAD TERRACE,
BETWEEN BISCAYNE BAY AND WEST AVENUE, 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.
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 for the properties fronting on Monad Terrace,
between Biscayne Bay and West Avenue, 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repealed.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 18th day of November , 2000.
PASSED and ADOPTED this 8th day of November, 2000.
ATTEST:
MAYOR
12-6A, ra,da,
CITY CLERK
F:\PLAN\$PLB\SEPT\MNAD 1468\1468.ORD
1st/only reading 11/8/00
APPROVED AS TO
FORM& LANGUAGE
b FOR EXECUTION
47
City " -rney Date
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO.-1 0Q
TO: Mayor Neisen O.Kasdin and DATE: November 8,2000
Members of the City Commission
• FROM: Jorge M.Gonzalez
City Manager IRST & ONLY READING- PUBLIC HEARING
SUBJECT: Rezoning- Monad Terrace
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 for the properties fronting on Monad Terrace
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,upon this first and only public hearing,
adopt the proposed Zoning Map change.
ANALYSIS
The subject site is Monad Terrace, located between West Avenue on the east and Biscayne Bay on
the west. The thirty-three(33)story apartment building,formerly known as the Parkshore and now
known as the Waverly, is currently under construction directly adjacent to the north of the subject
site. The site currently consists of one block of single family homes and low-rise 2 story
apartments.
In November 1998,the subject property, along with the Parkshore/Waverly property to the north,
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 recommend
redesignation of that area from RM-3 to RM-2 on the Future Land Use Map, citing the presence
of the existing Parkshore/Waverly building on part of the area, which would be rendered non-
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Commission Memorandum
November 8, 2000
Rezoning-Monad Terrace
Page 2
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 owners of the neighboring Parkshore/Waverly property then applied to
be rezoned from RM-2 back to RM-3;however,the application did not include Monad Terrace. The
requested upzoning for the Parkshore/Waverly was approved by the City Commission on January
26, 2000; during the public hearing process,residents of Monad Terrace argued that their property
should be upzoned as well,because of the incompatibility of their low intensity properties with the
adjacent high-intensity development (see attached letters from Monad Terrace residents association).
At the December 15, 1999 first reading public hearing, the City Commission directed that the
rezoning of Monad Terrace be referred to the Planning Board. The motion was made by
Commissioner Liebman, seconded by Commissioner Bower, and approved by a 7-0 voice vote.
At its September 26,2000 meeting,the Planning Board unanimously recommended approval of the
proposed zoning map change.
The property is currently zoned RM-2 Residential Multi-family Medium Intensity. The Land
Development Regulations of the City Code specify the following development regulations for this
property located in the RM-2 zoning district:
Maximum Floor Area Ratio (FAR): 2.0
Maximum Building Height: 140 feet/ 15 stories
If the property was rezoned to the RM-3 Multi-family High Intensity zoning district the applicable
development regulations would be as follows:
Maximum Floor Area Ratio (FAR): 2.75
Maximum Building Height: 150 feet/ 16 stories
It should be noted that a building the size of the adjacent Parkshore/Waverly building could not be
constructed today. That building received approval several years previously, at which time the
development regulations allowed a building of this size to be constructed in the RM-3 zoning
district. However, the subsequent comprehensive downzoning undertaken by the City in the past
several years has reduced the allowable development to a much more modest level.
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Commission Memorandum
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Rezoning-Monad Terrace
Page 3
Also note that the proposed upzoning would not require a referendum since the maximum
permissible FAR would still be less that which was in place in June 4, 1997.
In reviewing a request for an amendment to the land development regulations, the Planning Board
considered the following when applicable:
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 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 both the north and
south. The proposed amendment would reduce the isolated nature of the
zoning.
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. The Monad Terrace properties are not in
scale with the intense nature of the RM-3 zoning district directly adjacent to
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November 8, 2000
Rezoning-Monad Terrace
Page 4
the north and south. The site continues to be designated RM-3 on the Future
Land Use Map. Monad Terrace's single-family houses and low-scale
apartments have been surrounded by more intense residential development.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent - The proposed change could impact upon the circulation of vehicular traffic
on the City's roadway network. However, a traffic study would be required
to be submitted as part of any future development application, and the
development on the site would have to meet concurrency, which would
probably require that any new development project 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.
Partially Consistent - The existing designation of RM-2 is inconsistent with the RM-3
future land use designation of the subject property, and inconsistent
with the existing conditions on the adjacent property, and the majority
of bayfront property in this area, which is zoned RM-3 and is
characterized by high intensity multi-family residential development.
However,the existing conditions on the subject property are more in
keeping with a very low intensity zoning designation such as RM-1.
Neither the present RM-2 zoning, or the proposed RM-3 zoning, is
particularly related to the existing conditions on the subject site.
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
high intensity development existing or being constructed directly adjacent to
the site, and eliminate the disparity between the zoning map and the Future
Land Use Map.
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Commission Memorandum
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Rezoning-Monad Terrace
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7. Whether the proposed change will adversely influence living conditions in the neighborhood.
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 building next door.
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 could have an impact upon traffic circulation which
may effect levels of service (LOS); however, as stated above, any
development project proposed for 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 may slightly reduce access to light and air if a
development project is ultimately undertaken on the property, as the
maximum allowable height for buildings will be 10 feet higher, and
the allowable floor area would increase somewhat. However, as
noted above, the citywide downzoning initiative undertaken by the
City in the past several years has drastically reduced the allowable
development potential of the proposed RM-3 zoning district.
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 adjacent Parkshore/Waverly building as new luxury
apartments is an example of how this proposed change could further enhance
surrounding values.
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Commission Memorandum
November 8, 2000
Rezoning-Monad Terrace •
Page 6
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.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Consistent - Clearly the existing low-scale residential uses can continue under any current
or potential zoning. However, the residents of Monad Terrace, who have
requested this zoning change, have made a case that they are effectively
surrounded by higher buildings and more intense zoning designations. Their
case is a difficult one, as they originally opposed the high intensity
development currently being constructed adjacent to them.
The residents of Monad Terrace have seen the development progress, and
have felt increasingly isolated as the last low-rise area along this section of
the bayfront. They have felt that the downzoning has affected them by
allowing development around them, while maintaining their unique area as
they only lower intensity zoning along this corridor. Their argument for
rezoning is primarily one of property values, and they believe that the value
of their property would be increased if they were returned to their original
RM-3 zoning.
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
Please note that this is the first and only public hearing the Commission will have regarding the
proposed rezoning/land use map change; there is no second reading. As per state statute, the Land
Development Regulations and the Comprehensive Plan specify a different procedure for adoption
of zoning/land use map amendments for parcels of property under ten (10) acres in size. All
neighbors within 375 feet of the property were notified of the public hearing by mail. Following the
one required public hearing, the amendment may be immediately adopted by the Commission.
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Commission Memorandum
November 8, 2000
Rezoning-Monad Terrace
Page 7
Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon
this first and only public hearing, the proposed zoning map change, as the property is now
surrounded by intense RM-3 development,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.
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From: RM-2 Residential Multi family Medium Intensity
To: RM-3 Residential Multi family High Intensity
Monad Terrace Property Owners
Monad Terrace
Miami Beach,Fl 33139
Phone 305-389-8803
Fax 305-866-6521
August 07, 2000
Planning Board do the Planning Department(and)
Office of the Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Planning Board, Mayor and Commissioners:
You will soon be again hearing the request from the property owners of Monad Terrace, to be treated fairly, and
in a consistent manor with the adjacent properties, fronting the bay and west avenue. While every other parcel is
zoned RM-3,and along with Monad Terrace has been zoned RM-3 for over four(4)decades, Monad Terrace has
been effectively spot-downzoned to RM-2. Aggravating matters further, a thirty-six(36)story building (the
Parkshore a/k/a the Waverly) has been built just to the north of Monad Terrace, leaving us with the worst of
both worlds. The planning board and the commissioners have heard and acted favorably on behalf of the
Parkshore their request for a zoning change back to RM-3. We appealed for this change along with them, but for
bureaucratic reasons,you could not act on our request. You now have clearance from the state to do so, and
again we request this change. It is our understanding the City of Miami Beach Staff, including Planning and
Zoning recommended against the downzozing in the first place. It is also our understanding that
spot-downzoning is illegal.
PLEASE HONOR OUR REQUEST FOR MONAD TERRACE TO BE RE-ZONED BACK TO ITS HISTORICAL
DESIGNATION AS RM-3.
We are sure this issue, as well as the Parkshore project is familiar to many of you, if not, we have enclosed some
prior correspondence to refresh your memory.
Sincerely,
find attached signatures of Monad Terrace Property owners.
W M TWIN Prspsrty'w „_ Monad Terrace
Miami Beach,F1 33139
Phone 305-389-8803 Fax 305-866-6521
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Monad Terrace Property Owners
Monad Terrace
Miami Beach.Fl 33139
Phone 305-389-8803
Fax 305-866-6521
June 19, 1999
Planning Board do the Planning Department(and)
Office of the Mayor and Commissioners
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Dear Planning Board, Mayor and Commissioners:
We are addressing this letter to question your decisions regarding the inconsistent application of the recent
"downzoning" of the adjacent properties of 13th terrace and Monad terrace. We are also questioning the
"planning" of the Planning Boards wisdom, to allow a mammoth project such as the"Parkshore"to go forward,
- as it is so close to an existing area of older, smaller residences, i.e.: Monad Terrace. The issues at hand are:
1. How did it come to pass that an entire area of Bayfront was downzoned to RM-2, but exclusions permitted to
EVERY PARCEL TO RETAIN RM-3 DESIGNATION EXCEPT FOR MONAD TERRACE? You have in effect
"carved out"Monad Terrace, discriminated against this lot and its group of homeowners, and allowed a
designation that is now INCONSISTENT with other land use in the area.
2. Is the City of Miami Beach and specifically the Planning Board prepared to accept partial if not full
responsibility for defects to Monad Terrace buildings, which are already becoming apparent due to the
mammoth nature of the project, now known as the Parkshore? These include structural cracks now appearing in
the houses to the immediate south of the project, and additional flooding problems now being experienced as water
runs off the project onto Monad Terrace through the road and under the concrete fence which separates both
projects. What further negative effects will be felt as the project proceeds?
3. Can the board cite experience with any other project of this magnitude being constructed so close to existing
homes? What will be the further impact on these properties in the immediate future and further down the road?
What will be the effects of wind and wind damage to properties below in the effect of a hurricane?
4. Can the board speak with authority on the health risks of allowing a Parking Garage to be built just a few feet
away from single story residences? The pollution risks? The noise concerns of a hundred cars being started
every, morning? The noise of alarms going off at all hours when the storms go through? Can the board give us
an example of such a garage being built so close to single family homes in this city? In any city?
Were these concerns addressed by the Planning Board? Are you prepared to accept responsibility in a"worst
case scenario?" What is further appalling in these decisions, is your discriminatory downzoning of Monad
Terrace to RM-2. It may well be that many of the properties of Monad Terrace be"uninhabitable' due to
conditions mentioned above,and indeed have to be torn down and replaced. MUST WE THEN DOUBLY PAY
THE PRICE OF YOUR APPROVAL AND BLESSINGS TO THE PARKSHORE BY BEING THE OWNERS
OF LESS VALUABLE AND LESS UTILIZABLE LAND?
In closing, we are asking you to act responsibly, consistently, fairly and nondiscriminatorily. Either Force RM-2
zoning and applications to all bayfront land parcels, OR revert back to the prior RM-3 zoning for all_
Sincerely,
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