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Ordinance 98-3151 AS AMENDED BY COMMISSION ON FIRST READING, OCTOBER 7, 1998 ORDINANCE NO. 98-3151 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 CLASSIFICATIONS FOR THOSE AREAS IDENTIFIED IN THE CHART AND MAP BELOW; AMENDING THE AFFECTED PORTIONS OF THE CITY'S OFFICIAL ZONING DISTRICT MAP • TO CORRESPOND WITH THESE CHANGES AS ADOPTED BY THE CITY COMMISSION; PROVIDING FOR EXCLUSION OF CERTAIN PROPERTIES SUBJECT TO A DEVELOPMENT OF REGIONAL IMPACT OR DEVELOPMENT AGREEMENT AS MORE PARTICULARLY PROVIDED HEREIN; CLARIFYING THE IMPACT OF THIS ORDINANCE ON THAT CERTAIN PROPERTY COMMONLY KNOWN AS THE SOUTH POINTE OCEAN PARCEL; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. Area# General Description of Area Existing Zoning District Classification Proposed Zoning District Classifications (See Map) 1 Area generally South of Biscayne Street C-PS3,Commercial Intensive Mixed Use R-PS4,Residential High Density 2 Area bounded by Ocean Drive on the East,Fourth Street on the R-PS4,Residential High Density R-PS3,Residential Medium-High Density North,Collins Avenue on the West,and First Street on the South 3 Area bounded by Ocean Drive on the East,Fifth Street on the C-PS2,Commercial General Mixed Use R-PS3,Residential Medium-High Density North,Collins Avenue on the West,and Fourth Street on the South;minus blocks 2&3,Block 5 of OCEAN BEACH SUBDIVISION 5 Those properties fronting on the East side of West Avenue, RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Low Intensity from Thirteenth Street on the North,to South Shore Hospital on the South 10 Area bounded by West Avenue on the East,Fourteenth Street RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium on the North,Biscayne Bay on the East,and the South Property Intensity line of those properties located along the South side of Monad Terrace on the South 11 Area bounded by West Avenue on the East,Fifteenth Street on RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity the North,Bay Road on the West,and Fourteenth Street on the Intensity South 16 Those properties fronting on Jefferson Avenue,Michigan RM-1,Residential Multi-Family Low Intensity RS-4,Residential Single Family Avenue and Lenox Avenue,located south of Dade Boulevard and North of Seventeenth Street;excluding the Southernmost three(3)lots fronting on each side of Jefferson Avenue, Michigan Avenue and Lenox Avenue North of Seventeenth Street 19 Lots 1-3 and Lots 14-15,of AMENDED PLAT OF LOT 1 RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity BLOCK 1 OF MID-GOLF SUBDIVISION(30-19) Intensity 26 Lot E and Lots 52,53 and 54,Block I NAUTILUS RM-3,Residential Multi-family High Intensity RM-2,Residential Multi-family Medium SUBDIVISION Intensity 27 Lot 44,Block 1 NAUTILUS SUBDIVISION TH,Townhome District RS-4,Residential Single Family 30 Area bounded by Collins Avenue on the East,Sixty-third Street RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium on the North,Indian Creek Waterway on the West,and the Intensity North line of BATH CLUB PROPERTY TRACT 3 on the South 33 Area bounded by Harding Avenue on the East,Sixty-ninth RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity Street on the North,and Indian Creek Drive on the Southwest; Intensity together with Blocks E,H&J,CORRECTED PLAT OF ATLANTIC HEIGHTS;together with Lots 4 through 10,Block 14;Lots 4 through 9,Block 13;and Lots 4 through 6,Block 12; all of NORMANDY BEACH SOUTH(21-54) 37 Area bounded by Collins Avenue on the East,Seventy-ninth RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity Street on the North,Harding Avenue on the West,and Seventy- Intensity fifth Street on the South;together with the Area bounded by Harding Avenue on the East,Eighty-Third Street on the North, Abbott Avenue on the West,and Seventy-third Street on the South;together with the Area bounded by Abbott Avenue on the East,Eighty-second Terrace on the North,Byron Avenue on the West,and Eightieth Street on the South;together with Lots 1-4, Block 7 HAYNSWORTH BEACH SUBDIVISION;together with Lots 1 and 2,Block 1 TATUM WATERWAY SUBDIVISION(46-2);together with the Southernmost four(4) lots North of Seventy-third Street between Abbott Avenue and Dickens Avenue 38 Area bounded by the Atlantic Ocean on the East,Eighty-seventh R1\4-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium Terrace on the North,Harding Avenue on the West,and Eighty- Intensity seventh Street on the South;excluding Lot 1 Block 11 ALTOS DEL MAR NO.2(4-162) WHEREAS,the City of Miami Beach has undertaken a comprehensive review to study the zoning district classifications in all areas within the Municipality; and WHEREAS, amending the zoning of the properties listed below as provided herein is necessary to insure that development of those properties 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 following properties as listed below, from the existing zoning district classifications as listed, to the proposed zoning district classifications as listed : r . MAP I _________ • , . , • r-„,•,- . • ---,., "Y ih• 4P-' „ ----, --, _,- - - ---- -- - - . * r ..- -.. b 151 / • r , , ‘ , / /1 4 0 I *- JIP . ( = _ . . , . . 1,1 1 -.......,,,, .. pip 1.f. 1 5 1 MIMI I Immo. 1 i I ' I I i ' ' 7---: ' =mom• , ,:. Aid = il 11 1 i 1 MOWN= . .,1 1 NEMO= , r_.'.• ."--' 5 ' It I ' I 771I-'1) ‘-' 'OM , 511••=110 MMIIMII• i i i , i 51150....: , L...... 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IMPACT ON DRI PROPERTIES Notwithstanding anything to the contrary contained herein,the DRI Properties, as described in Exhibit A attached hereto and made a part hereof,are the subject of a development order approved by the City Commission by Ordinance No. 98-3121 (the "DRI") which by agreement has not been transmitted to the Department of Community Affairs while the process of consideration of the 1998 Concept Plan is pending. Said properties are the subject of a "Joint Stipulation and Agreement pending consideration of Proposed Concept Plan" in Case No.98-14133CA22 Circuit Court,Miami- Dade County (the "Stipulation"). Pursuant to the Stipulation, the DRI Properties are hereby excluded from the force and effect of this Ordinance. SECTION 3. IMPACT ON SOUTH POINTE OCEAN PARCEL The South Pointe Ocean Parcel, as described in Exhibit B attached hereto and made a part hereof,is subject to a temporary injunction dated June 22, 1998 entered by the Circuit Court in Case No. 98-10798CA30(Miami-Dade County),which provides in part that the City and its agencies "are hereby temporarily enjoined from applying any changes to the existing zoning to the Oceanfront Parcel". Notwithstanding anything to the contrary contained herein, this Ordinance shall not apply to the South Pointe Ocean Parcel during the time period that the referenced temporary injunction remains in full force and effect. SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. 3 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 14th day of November 199 8 . PASSED and ADOPTED this 4th day of November , 1998 . ,. ATTEST: MAYOR POUG CITY CLERK F:\PLAN\$ALL\CC_MEMOS\RICHARD\MAPORDNC.OR2 Ordinance No. 98-3151 1st reading 10/2/98 2nd reading 11/4/98 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Ci yV r ^�� 18 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 attp:\\ci.m lam i-beach.fl.us COMMISSION MEMORANDUM NO. / 3�� a TO: Mayor Neisen O. Kasdin and DATE: November 4, 1998 Members of the City Commission FROM: Sergio Rodrigue Inc City Manager SUBJECT: Second Reading Public Hearing - 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 Classifications for Those Areas Identified in the Chart and Map Below; Amending the Affected Portions of the City's Official Zoning District Map to Correspond with These Changes as Adopted by the City Commission; Providing for Exclusion of Certain Properties Subject to a Development of Regional Impact or Development Agreement as More Particularly Provided Herein;Clarifying the Impact of this Ordinance on That Certain Property Commonly Known as the South Pointe Ocean Parcel; Providing for Repealer, Severability and an Effective Date. (See Appendix A for Maps and Chart) RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed Ordinance as amended. BACKGROUND This amendment to the City Code proposes to rezone a number of areas on the City's Official Zoning Map from their existing zoning district classifications to new zoning district classifications (See Table A on the next page). First reading public hearing on this amendment was opened on October 2, 1998 and continued to October 7, 1998. The amending ordinance, attached hereto, reflects those changes which were approved on first reading by the City Commission on October 7, 1998. The second reading public hearing was opened and continued on October 21, 1998 to today (November 4, 1998). AGENDA ITEM (� DATE f ,— —' 1 This proposed rezoning is part of a package of proposed changes to the City's Land Development Regulations to be considered by the Commission today. Also included in this package of proposed changes are ordinances which would reduce Floor Area Ratios (FARs) and maximum allowable building heights for a number of zoning district classifications throughout the City. The evolving rationale for these proposed changes to the City's Zoning Ordinance has been necessitated by the character and intensity of new development in the City which is not in keeping with the existing built pattern. In the recent past,there have been examples of buildings developed within the City which do not fit in with the existing scale of their respective surrounding neighborhoods, or the historical character of the City of Miami Beach. The goal of this package of zoning changes is to reduce the possibility of redevelopment of property which is not in keeping with the established character of the-City and out of scale with the surrounding neighborhoods. The aim of the proposals is to bring the Land Development Regulations into conformity with the existing as-built character of the various areas of the City, including predominant uses of land. The proposals, as amended by the Commission upon first reading (see Table A below), have been studied by the City's planning staff and have been found to be consistent with the built character of existing neighborhoods. The benefits to the City from the implementation of these zoning changes include the improvement of existing neighborhood property values, the appropriate and compatible use of land vis-a-vis surrounding uses, the preservation of existing neighborhood character, the reduction of traffic congestion, and increased access to light, air, open space and view corridors. These benefits are especially important when viewed in the context of the City's need to ensure provisions for adequate hurricane evacuation, and the City's desires and intention to meet traffic concurrency. Importantly, also, these changes will bring a degree of predictability with regard to new development which will give assurances to neighboring property owners and residents that the character of their neighborhood will be preserved. Table A - Zoning Map Changes (as amended by the Commission upon first reading on October 7, 1998) Note 1: Proposed Zoning Map changes to areas 6,7,8,9, 12, 13, 17,20,22,23,24,25,29,32,34,35 and 36 have been removed from the ordinance as they will require Comprehensive Plan amendments. Note 2:Those areas marked with an asterisk have been approved on first reading to have no change from currently existing zoning classification. Area Existing Zoning Planning Board Administration City Commission Number District Recommendations Recommendations First Reading for Zoning District for Zoning District October 7, 1998 Approved Zoning 1 C-PS3, Commercial R-PS4, Residential R-PS4, Residential R-PS4, Residential (See Below) Intensive Mixed High Density High Density High Density Use Area Existing Zoning Planning Board Administration City Commission Number District Recommendations Recommendations First Reading for Zoning District for Zoning District October 7, 1998 Approved Zoning Note: The proposed change of zoning district classification of Area 1 is proposed with the provision(recommended by the City Attorney's Office)that the Ordinance is of limited effect with respect to the South Pointe Ocean Parcel and the DRI Properties as more particularly described and provided in that certain memorandum from Murray H. Dubbin, City Attorney to Dean J. Grandin,Jr., DDHP Director,dated July 20, 1998. 2 R-PS4, Residential R-PS3, Residential R-PS3, Residential R-PS3, Residential High Density Medium-High Density Medium-High Medium-High Density Density 3 C-PS2, Commercial R-PS3, Residential R-PS3, Residential R-PS3, Residential General Mixed Use Medium-High Density Medium-High Medium-High (except for 2 lots Density (except for Density (except for fronting on Fifth 2 lots fronting on 2 lots fronting on St./Ocean Dr.) Fifth St./Ocean Dr.) Fifth St./Ocean Dr.) 4* C-PS4, Commercial C-PS4, Commercial C-PS4, Commercial C-PS4, Commercial General Mixed Use General Mixed Use; General Mixed Use General Mixed Use Originally C-PS1 5 RM-3, Residential RM-2 Residential RM-2 Residential RM-2 Residential High Intensity Medium Intensity Medium Intensity Medium Intensity 10 RM-3, Residential RM-3, Residential RM-3, Residential North of 14th High Intensity High Intensity High Intensity Street: RM-3, Residential High Intensity; South of 14th Street: RM-2, Residential Medium Intensity 11 RM-2, Residential RM-1, Residential RM-1, Residential RM-1, Residential Medium Intensity Low Intensity Low Intensity Low Intensity *RM-I Designation: Future Land Use Map 14* CD-3, Commercial CD-3, Commercial CD-3, Commercial CD-3, Commercial High Intensity High Intensity; High Intensity High Intensity Originally CD-2 15* RM-2, Residential RM-2, Residential RM-2, Residential RM-2, Residential Medium Intensity Medium Intensity; Medium Intensity Medium Intensity Originally RM-1 Area Existing Zoning Planning Board Administration City Commission Number District Recommendations Recommendations First Reading for Zoning District for Zoning District October 7, 1998 Approved Zoning 16 RM-1, Residential RS-4, Residential TH, Townhome RS-4, Residential Low Intensity Single Family District Single Family *TH Designation: Future Land Use Map 18* RM-2, Residential RM-2, Residential RM-2, Residential RM-2, Residential Medium Intensity Medium Intensity; Medium Intensity Medium Intensity Originally RM-1 19 ' RM-2, Residential RM-1 Residential Low RM-1 Residential RM-1 Residential Medium Intensity Intensity Low Intensity Low Intensity 21* CD-3, Commercial CD-3, Commercial CD-3, Commercial CD-3, Commercial High Intensity High Intensity; High Intensity High Intensity Originally CD-2 26 RM-3, Residential RM-2, Residential RM-2, Residential RM-2, Residential High Intensity Medium Intensity Medium Intensity Medium Intensity 27 TH, Townhome RS-4, Residential RS-4, Residential RS-4, Residential District Single Family Single Family Single Family 28* CD-1, Commercial CD-1, Commercial CD-1, Commercial CD-1, Commercial Low Intensity Low Intensity; Low Intensity Low Intensity Originally RM-1 30 RM-3, Residential West of Indian Creek RM-2, Residential RM-2, Residential High Intensity Drive: RM-3,Residential Medium Intensity Medium Intensity High Intensity;Between Indian Creek Drive and Collins Ave: RM-2, Residential Medium Intensity 31* HD, Hospital ' HD, Hospital District; HD, Hospital HD, Hospital District District District Originally TH 33 RM-2, Residential West of Indian Creek West of Indian Creek West of Indian Creek Medium Intensity Drive: RM-2, Residential Drive: RM-2, Drive: RM-2, Medium Intensity; Residential Medium Residential Medium Remainder of Area: RM-1, Intensity;Remainder of Intensity; Remainder of Residential Low Intensity Area: RM-1, Area: RM-1, Residential Low Residential Low Intensity Intensity Area Existing Zoning Planning Board Administration City Commission Number District Recommendations Recommendations First Reading for Zoning District for Zoning District October 7, 1998 Approved Zoning 37 RM-2, Residential RM-1, Residential RM-2, Residential RM-1, Residential Medium Intensity Low Intensity Medium Intensity Low Intensity 38 RM-3, Residential RM-2, Residential RM-2, Residential RM-2, Residential High Intensity Medium Intensity Medium Intensity Medium Intensity IMPORTANT NOTE: It should be noted that several of the proposed Zoning Map changes will require Comprehensive Plan amendments in order to become effective. The proposed Zoning Map changes to areas 6, 7, 8, 9, 12, 13, 17, 20, 22, 23, 24, 25, 29, 32, 34, 35 and 36 will require an amendment to the Comprehensive Plan before they can proceed. Accordingly, the above described areas have been excluded from this amended version of the ordinance. However, the recommendations by the Commission which were made at first reading on October 7, 1998 regarding amendments to these above-listed areas have served as direction to Staff to proceed immediately with the preparation of appropriate Plan amendments. Upon completion of the required Comprehensive Plan amendments for these specified areas, as directed by the Commission, the Comprehensive Plan amendment and the changes to the Official Zoning Map shall be brought before the Commission for consideration contemporaneously (after consideration by the Planning Board). In summary,the proposals are designed to directly benefit the quality of life for residents of the City of Miami Beach, and ensure that the special characteristics which have made this City so popular are preserved for future generations. The modification of the City's Zoning Map is an issue that has been under study and consideration for a number of years. From at least 1995, the City's planning staff, various City advisory bodies, including the Miami Beach Planning Board and the Development Regulations Working Group,have been examining the Zoning Map and developing recommendations for changes that would address issues of land use compatibility, and the harmonization of the Zoning Map with existing as-built conditions relative to densities and uses now present throughout the City. This ongoing analysis of the Zoning Map has emerged into the set of recommended changes that are before the Commission today. These proposed changes to the Zoning Map were the subject t of Planning Board workshops on March 6, March 16, and April 7, 1998. Many of the proposed map changes originated with Planning staff; however, a great portion of the substance of these proposed changes also come out of the discussions and deliberations of the Planning Board, as well as significant input from the general public in attendance at the three workshop meetings. The Planning Board held a public hearing on June 23, 1998, which was continued to July 28, 1998, at which time the Planning Board voted to recommend a number of the proposed changes to the City Commission. All property owners within the areas proposed to be rezoned, as well as property owners within 375 feet of these areas,have been mailed written notice regarding the proposed rezonings, in accordance with the requirements of the City Code's Land Development Regulations. ANALYSIS Some of the proposed changes to the Zoning Map consist of changing the zoning district classification of an area to more accurately reflect the character and uses of the subject area. As such, these zoning map changes will bring the Zoning Map more into harmony with existing land use conditions in the City. The other proposed changes generally represent reductions in density of the allowable development in the area. These zoning map changes will have the effect of reducing mass and increasing access to light, air and views, reducing vehicular traffic, and improving the general quality of life for residents of Miami Beach. The following is a list of each area which is proposed to be rezoned. Refer to Maps 1, 2 and 3 for the location of the subject areas. For each proposed Zoning Map change,the existing zoning district classification,the originally proposed change,the Planning Board final recommendation,the original Administration Recommendation and that which was approved by the Commission on first reading are indicated. 1 Area generally South of Biscayne Street Existing zoning district classification: C-PS3, Commercial Intensive Mixed Use Originally proposed zoning district classification: R-PS4, Residential High Density Planning Board Final Recommendation: R-PS4, Residential High Density Administration Recommendation: R-PS4, Residential High Density Commission First Reading: R-PS4, Residential High Density Comments: This proposed change is appropriate as the subject area is envisioned as a primarily residential area, rather than as a primarily commercial area. The majority of the subject area represents the visual terminus of the extension of historic Ocean Drive. In the corresponding height ordinance, the Administration is recommending that Oceanfront properties in the R-PS4 district have a maximum height of 100 feet. If the Commission maintains the 100 foot height limitation for Oceanfront properties in R-PS4, then this rezoning to R-PS4 will create a desirable continuum along the east side of Ocean Drive of that which presently exists. Regarding the remaining non-oceanfront portion of the site, it is a transition area for the Hinson and Goodman properties between the park and the low rise area to the north; as such, the resulting 80 feet height limitation is appropriate. It should be noted that the R-PS4 zoning designation allows for accessory commercial uses. (*Note: The proposed change of zoning district classification of Area 1 is proposed with the provision (recommended by the City Attorney's Office) that the Ordinance is of limited effect with respect to the South Pointe Ocean Parcel and the DRI Properties as more particularly described and provided in that certain memorandum from Murray H. Dubbin, City Attorney to Dean J. Grandin,Jr., Planning and Zoning Director, dated July 20, 1998.) 2 Area bounded by Ocean Drive on the East,Fourth Street on the North,Collins Avenue on the West, and First Street on the South • Existing zoning district classification: R-PS4, Residential High Density Originally proposed zoning district classification: R-PS3, Residential Medium-High Density Planning Board Final Recommendation: R-PS3, Residential Medium-High Density Administration Recommendation: R-PS3, Residential Medium-High Density Commission First Reading: R-PS3, Residential Medium-High Density Comments: This represents an appropriate reduction in density and intensity for this residential multi-family area. The proposed heights and densities of the R-PS3 zoning district classification are consistent with the built character of the area. The R-PS3 district would also allow ground floor accessory commercial use for hotels to continue (apartments would not be allowed to have such uses). The proposed 50 foot height limitation for R-PS3 is consistent with those of the existing and proposed MXE area north of 5th Street. 3 Area bounded by Ocean Drive on the East, Fifth Street on the North, Collins Avenue on the West, and Fourth Street on the South Existing zoning district classification: C-PS2, Commercial General Mixed Use Originally proposed zoning district classification: R-PS3,Residential Medium-High Density Planning Board Final Recommendation: R-PS3, Residential Medium-High Density (except for lots 2 & 3 of Block 5 located on the corner of Fifth Street/Ocean Drive) Administration Recommendation: R-PS3,Residential Medium-High Density(except for lots 2 & 3 of Block 5 located on the corner of Fifth Street/Ocean Drive) Commission First Reading: R-PS3,Residential Medium-High Density (except for lots 2 & 3 of Block 5 located on the corner of Fifth Street/Ocean Drive) Comments: This is a change from a primarily commercial designation to a primarily residential multi-family district which also allows for hotels. The proposed change is desirable as the area as it exists today consists primarily of multi-family residential buildings and hotels. Since the proposed zoning district classification also allows for the development of hotels, with accessory commercial uses in these structures, it is consistent with the existing character of the street. Apartments would not be permitted to have such accessory uses,unlike the MXE area to the north. The two lots to be exempted have frontage on Fifth Street and Ocean Drive and are now primarily commercial in character. 4 Area bounded by West Avenue on the East, the North Line of Lot 2, Block 1 of the Amended Plat of the Aquarium Site Resubdivision on the North, Biscayne Bay on the West, and Fifth Street on the South Existing zoning district classification: C-PS4, Commercial General Mixed Use Originally proposed zoning district classification: C-PS 1, Commercial Limited Mixed Use Planning Board Final Recommendation: C-PS4, Commercial General Mixed Use Administration Recommendation: C-PS4, Commercial General Mixed Use Commission First Reading: C-PS4, Commercial General Mixed Use *No change from existing zoning classification Comments: The Administration recommends that the zoning district classification remain C-PS4 rather than be changed to C-PS 1, as the FAR and height regulations contained in the C-PS4 category are more realistic for this Bayfront site, which could sustain more density and height. Additionally,the C-PS4 category would be more appropriate as an extension of the rest of the bayfront West Avenue corridor, which is currently zoned RM-3. 5 Those properties fronting on the East side of West Avenue, from Thirteenth Street on the North, to South Shore Hospital on the South Existing zoning district classification: RM-3, Residential High Intensity Originally proposed zoning district classification: RM-1 Residential Low Intensity Planning Board Final Recommendation: RM-2 Residential Medium Intensity Administration Recommendation: RM-2 Residential Medium Intensity Commission First Reading: RM-2 Residential Medium Intensity Comments: This change would be a reduction in density on the east of West Avenue south of 13th Street for this multi-family residential area. This area serves as a transition area between the CD-2 corridor along Alton Road, and the higher densities on the west side of West Avenue along Biscayne Bay. The RM-2 category is more in keeping with the evolving character of the east side of West Avenue and the many of the existing buildings. 10 Area bounded by West Avenue on the East, Fourteenth Street on the North, Biscayne Bay on the East, and the South Property line of those properties located along the South side of Monad Terrace on the South; plus Lot 7, Block 43 of ALTON BEACH REALTY COMPANY'S BAYFRONT SUBDIVISION Existing zoning district classification: RM-3, Residential High Intensity Originally proposed zoning district classification: RM-2, Residential Medium Intensity Planning Board Final Recommendation: RM-3, Residential High Intensity Administration Recommendation: RM-3, Residential High Intensity Commission First Reading: North of 14th Street: RM-3 Residential High Intensity South of 14th Street: RM-2 Residential Medium Intensity Comments: The original proposal would be a reduction in density of this multi-family residential area. The Planning Board recommended that the zoning district remain RM-3, and the Administration originally concurred. However,the Commission,upon first reading, approved keeping the area north of 14th Street RM-3, but changing the area south of 14th Street to RM-2. The area south of 14th Street has a lower-scale character than that north of 14th Street, and the Administration now concurs with the Commission's first reading decision on this recommendation. 11 Area bounded by West Avenue on the East, Fifteenth Street on the North, Bay Road on the West, and Fourteenth Street on the South Existing zoning district classification: RM-2, Residential ntial Medi um Intensity ty Existing Future Land Use Map classification: RM-1, Residential Low Intensity Originally proposed zoning district classification: RS-4, Residential Single Family Planning Board Final Recommendation: RM-1, Residential Low Intensity Administration Recommendation: RM-1, Residential Low Intensity Commission First Reading: RM-1, Residential Low Intensity Comments: Currently the City's Future Land Use Map (FLUM) designates the subject area as RM-1,while the Zoning Map shows the area as RM-2. The Administration recommends ^ S that this area be rezoned to RM-1,to be consistent with the FLUM. Such a rezoning would in reality result in no change in allowable development, as the more restrictive category applies; rather, this type of change would be considered a cleanup amendment. While the area does have numerous single-family homes, there are also low-density apartments, consistent with the RM-1 designation. 14 Area bounded by Collins Avenue on the East,Twenty-first Street on the North,Liberty Avenue on the West, and Twentieth Street on the South Existing zoning district classification: CD-3, Commercial High Intensity Originally proposed zoning district classification: CD-2, Commercial Medium Intensity Planning Board Final Recommendation: CD-3, Commercial High Intensity Administration Recommendation: CD-3, Commercial High Intensity Commission First Reading: CD-3, Commercial High Intensity *No change from existing zoning classification Comments: The original proposal would be a reduction in density of this commercial area. However, the Planning Board recommended that the zoning district remain CD-3, and the Administration concurs. The anticipated changes to heights and FARs for the CD-3 district adequately address the issues of density and intensity in this commercial area, thereby no longer necessitating a change to the zoning designation. 15 Those properties fronting on the West side of Meridian Avenue,from Dade Boulevard on the North, to Seventeenth Street on the South Existing zoning district classification: RM-2, Residential Medium Intensity Originally proposed zoning district classification: RM-1 Residential Low Intensity Planning Board Final Recommendation: RM-2, Residential Medium Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-2, Residential Medium Intensity *No change from existing zoning classification Comments: The original proposal would be a reduction in density and intensity of this existing multi-family residential area. However,the Planning Board recommended that the zoning district remain RM-2, and the Administration concurs. The anticipated changes to heights and FARs for the RM-2 district adequately address the issues of density and intensity in this medium-intensity multi-family area, thereby no longer necessitating a change to the zoning district. 16 Those properties fronting on Jefferson Avenue, Michigan Avenue and Lenox Avenue, located south of Dade Boulevard and North of Seventeenth Street; excluding the Southernmost three (3) lots fronting on each side of Jefferson Avenue, Michigan Avenue and Lenox Avenue North of Seventeenth Street Existing zoning district classification: RM-1, Residential Low Intensity Existing Future Land Use Map classification: TH, Townhome District Originally proposed zoning district classification: RS-4, Residential Single Family Planning Board Final Recommendation: RS-4, Residential Single Family Administration Recommendation: TH, Townhome District Also, direct the Administration to further examine the TH Townhome district regulations for possible modification to allow garden apartments (two-story flats), the conversion of single-family homes into multi-family residences, and the creation of Bed and Breakfast Inns. Additionally, direct the Administration to examine this area for its potential for designation as a Historic District. Commission First Reading: RS-4, Residential Single Family Comments: Currently,while this area is shown on the Zoning Map as RM-1,the Future Land Use Map designates the area as TH Townhome district. This area has undergone several zoning changes in the past,from single-family to Planned Unit Development(PUD),to RM- 1,and then on the Future Land Use Map(FLUM)to TH Townhome. While the area consists largely of single-family residences, there are also several multi-family apartments and townhomes present. The Planning Board recommended that the area be rezoned to RS-4 Single Family Residential, and that the area should be studied for designation as a Historic District. The Administration had originally recommended that the area be zoned TH Townhome District in order to match the future land use designation for the area. However, the Administration does not object to the area being rezoned to single-family, as that is clearly the predominant land use in the neighborhood. On first reading, the Commission decided to rezone the area to RS-4 single family, and the Administration now concurs with this recommendation. Additionally, the area is being studied by the Historic Preservation Board into its potential for designation as a Historic District, which may be a solution addressing the unique architectural character of the neighborhood and requiring a Certificate of Appropriateness to demolish or alter any building. A recommendation from the Historic Preservation Board regarding same is expected at the end of this year. 18 Lots 4 through 13, of AMENDED PLAT OF LOT 1 BLOCK 1 OF MID-GOLF SUBD. (30- 19) Existing zoning district classification: RM-2, Residential Medium Intensity Originally proposed zoning district classification: RM-1 Residential Low Intensity Planning Board Final Recommendation: RM-2, Residential Medium Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-2, Residential Multi-family Medium Intensity *No change from existing zoning classification Comments: The original proposal would be a reduction in density and intensity of this residential area. However,the Planning Board recommended that the zoning district remain RM-2,and the Administration concurs. The anticipated changes to heights and FARs for the RM-2 district adequately address the issues of density and intensity in this area. 19 Lots 1-3 and Lots 14-15, of AMENDED PLAT OF LOT 1 BLOCK 1 OF MID-GOLF SUBDIVISION(30-19) Existing zoning district classification: RM-2, Residential Medium Intensity Originally proposed zoning district classification: RS-3, Residential Single Family Planning Board Final Recommendation: RM-1, Residential Low Intensity Administration Recommendation: RM-1, Residential Low Intensity Commission First Reading: RM-1,Residential Multi-family Low Intensity Comments: The Administration has concluded that this area should be rezoned to the RM-1 multi-family residential low intensity zoning district classification, as the subject site currently exists as small multi-family apartments, and the area directly to the south is also proposed to be rezoned to RM-2. Additionally, if the site is ever developed together with site 18 above, the required side setbacks on the north side of the property would provide for a substantial buffer to the single-family area to the north. 21 Area bounded by Collins Avenue on the East,the Collins Canal and Lake Pancoast on the North and Northwest, Park Avenue on the West, and Twenty-second Street on the South; excluding Lots 6, 8, & 10, Block 1 of MIAMI BEACH IMPROVEMENT COMPANY'S OCEAN FRONT PROPERTY Existing zoning district classification: CD-3, Commercial High Intensity Originally proposed zoning district classification: CD-2, Commercial Medium Intensity Planning Board Final Recommendation: CD-3, Commercial High Intensity Administration Recommendation: CD-3, Commercial High Intensity Commission First Reading: CD-3, Commercial High Intensity *No change from existing zoning classification Comments: The original proposal would be a reduction in density of this commercial area. However, the Planning Board recommended that the zoning district remain CD-3, and the Administration concurs. The anticipated changes to heights and FARs for the CD-3 district adequately address the issues of density and intensity in this commercial area, no longer necessitating the change in designation. 26 Lot E and Lots 52, 53 and 54, Block 1 NAUTILUS SUBDIVISION Existing zoning district classification: RM-3, Residential High Intensity Originally proposed zoning district classification: RM-2, Residential Medium Intensity Planning Board Final Recommendation: RM-2, Residential Medium Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-2, Residential Medium Intensity Comments: This is a reduction in density and intensity of this multi-family residential area, and is consistent with the as-built pattern of the area, which has one development -- the existing Howard Johnson Hotel. Any higher density would be inappropriate at this gateway site into Miami Beach, which is adjacent to low density residential areas. 27 Lot 44, Block 1 NAUTILUS SUBDIVISION Existing zoning district classification: TH, Townhome District Originally proposed zoning district classification: RS-4, Residential Single Family Planning Board Final Recommendation: RS-4, Residential Single Family Administration Recommendation: RS-4, Residential Single Family Commission First Reading: RS-4, Residential Single Family Comments: This area is currently a single-family residential area. The RS-4 single-family residential zoning district classification is more appropriate for the area than the current TH Townhome zoning district classification, and reflects the as-built character of the • . neighborhood. The existing landscaping to the west of this site creates a more than adequate buffer from Alton Road and the Julia Tuttle Causeway interchange. 28 Area bounded by Municipal Parking lot on the East,Forty-seventh Court on the North and West, and Forty-seventh Street on the South Existing zoning district classification: CD-1, Commercial Low Intensity Originally proposed zoning district classification: RM-1, Residential Low Intensity Planning Board Final Recommendation: CD-1, Commercial Low Intensity Administration Recommendation: CD-1, Commercial Low Intensity Commission First Reading: CD-1, Commercial Low Intensity *No change from existing zoning classification Comments: This area currently exists as a small neighborhood retail area. While it is completely surrounded by single-family and multi-family residential areas, it serves a purpose as a neighborhood retail use and has potential to strengthen neighborhood character. Rather than rezoning the property to RM-1 multi-family low intensity residential, which would render the property non-conforming, the Administration has concluded that the area should remain CD-1 low-intensity commercial. However, the Commission should direct staff to meet with the owners of the properties in question, and formulate strategies for improved maintenance and physical upgrading of the property to improve its appearance and to encourage higher quality commercial uses to serve the area. 30 Area bounded by Collins Avenue on the East, Sixty-third Street on the North, Indian Creek Waterway on the West,and the North line of BATH CLUB PROPERTY TRACT 3 on the South Existing zoning district classification: RM-3, Residential High Intensity Originally proposed zoning district classification: RM-1, Residential Low Intensity Planning Board Final Recommendation: West of Indian Creek Drive: RM-3, Residential High Intensity; Between Indian Creek Drive and Collins Ave: RM-2, Residential Medium Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-2, Residential Medium Intensity Comments: This is a reduction of densities of this multi-family residential area. A reduction in densities for this area is desirable due to its proximity to the single-family area of Allison Island. However, rezoning this area to RM-1 would create a non-conforming use (specifically,the Holiday Inn); therefore, staff recommends rezoning this area to RM-2. The RM-2 zoning district classification would be appropriate as it would be an extension of the as-built character of adjacent areas already zoned RM-2. Furthermore,the proposed 60 foot height limit for the RM-2 district would ensure that any new development in this area will not overwhelm its low-density neighbors to the west. 31 Allison Island, South of 63rd Street Existing zoning district classification: HD, Hospital District Originally proposed zoning district classification: TH, Townhome District Planning Board Final Recommendation: HD, Hospital District Administration Recommendation: HD, Hospital District Commission First Reading: HD, Hospital District *No change from existing zoning classification Comments: As recommended by the Planning Board, the Administration also recommends that this area not be rezoned at this time; it should remain zoned HD Hospital District. This is the site of the old St. Francis Hospital, and currently is partially in use as the North Campus of Miami Heart Institute. As much of the existing site is currently underutilized as a hospital use, alternative plans regarding the future of the site are being considered. It is anticipated that a future development proposal, perhaps involving a split of the lot as it currently is configured,will be forthcoming. The Administration recommends that this area be allowed to remain zoned HD for the time being,to allow the parties involved with the site to develop a proposal for presentation at a future date. 33 Lots 22-40,Block 3 AMENDED PLAT OF SECOND OCEAN FRONT SUBDIVISION(28- 28); together with the Area bounded by Harding Avenue on the East,Sixty-ninth Street on the North, and Indian Creek Drive on the Southwest; together with Blocks E,H,J & N, CORRECTED PLAT OF ATLANTIC HEIGHTS; together with Lots 6 & 7, Block 16 NORMANDY BEACH SOUTH (21-54); together with Lots 4 through 10, Block 14; Lots 4 through 9,Block 13; and Lots 4 through 6,Block 12; all of NORMANDY BEACH SOUTH(21-54) Existing zoning district classification: RM-2, Residential Medium Intensity Originally proposed zoning district classification: RM-1, Residential Low Intensity Planning Board Final Recommendation: West of Indian Creek Drive: RM-2, Residential Medium Intensity; Remainder of Area: RM-1, Residential Low Intensity Administration Recommendation: West of Indian Creek Drive: RM-2, Residential Medium Intensity; Remainder of Area: RM-1, Residential Low Intensity Commission First Reading: West of Indian Creek Drive: RM-2, Residential Medium Intensity; Remainder of Area: RM-1, Residential Low Intensity Comments: This original proposal is a reduction in density of this multi-family residential area. The existing character of much of the subject area is low density and mostly two (2) stories. The Planning Board recommended, and the Administration concurs, that the RM-2 zoning district is most appropriate for the area directly fronting the Indian Creek Waterway, as it has traditionally contained higher densities, and RM-1 is most appropriate for the remainder of the area. 37 Area bounded by Collins Avenue on the East, Seventy-ninth Street on the North, Harding Avenue on the West, and Seventy-fifth Street on the South; together with the Area bounded by Harding Avenue on the East, Eighty-Third Street on the North, Abbott Avenue on the West, and Seventy-third Street on the South; together with the Area bounded by Abbott Avenue on the East, Eighty-second Terrace on the North, Byron Avenue on the West,and Eightieth Street on the South; together with Lots 1-4, Block 7 HAYNSWORTH BEACH SUBDIVISION; together with Lots 1 and 2, Block 1 TATUM WATERWAY SUBDIVISION (46-2); together with the Southernmost four (4) lots North of Seventy-third Street between Abbott Avenue and Dickens Avenue Existing zoning district classification: RM-2, Residential Medium Intensity Originally proposed zoning district classification: RM-1, Residential Low Intensity Planning Board Final Recommendation: RM-1, Residential Low Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-1, Residential Low Intensity Comments: The original proposal is a reduction in density and intensity of this multi-family residential area. Recognizing the existence of several hotels in the area, especially along the Harding Avenue corridor, and the proposed reduction of FAR and Heights for the RM-2 district,the Administration originally recommended that this area remain RM-2. However, i upon first reading,the Commission approved RM-1 zoning for this area. Upon further study, the Administration concurs with this recommendation, as the issue of hotels along the Harding Avenue corridor can be addressed in the future with the use of an overlay district which would allow for hotels in this RM-1 area. • 38 Area bounded by the Atlantic Ocean on the East,Eighty-seventh Terrace on the North, Harding Avenue on the West, and Eighty-seventh Street on the South; excluding Lot 1 Block 11 ALTOS DEL MAR NO. 2 (4-162) Existing n zoning district classification: RM-3, Residential High Intensity Originally proposed zoning district classification: RM-2, Residential Medium Intensity Planning Board Final Recommendation: RM-2, Residential Medium Intensity Administration Recommendation: RM-2, Residential Medium Intensity Commission First Reading: RM-2, Residential Medium Intensity Comments: This is a reduction in density and intensity of this multi-family residential area. This area is adjacent to the North Shore Open Space park. The maximum height associated with the RM-2 district is more appropriate for this location vis-a-vis its relationship to the park, the Altos Del Mar Historic District further to the south, and the low-density residential area to its west. * * In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board and City Commission are to consider 13 relevant review criteria, when applicable for such changes. Since the amendingordinance changes the zoningdistrict classifications of several separate and discrete areas throughout the City, the review criteria have been incorporated into the review comments for each separate area as applicable,rather than repeating the entire review criteria for each of the individual areas. Effect on property values and tax revenue P While the Administration recognizes that the proposed changes to zoning designations, as well as to FARs and heights, may have an effect on the assessed value for property tax purposes of certain properties throughout the City, the possible reduction in total revenues should be limited based on past experience. When the City reduced allowable densities in October 1994,property tax revenues were not impacted significantly. Valuation of developed properties are assessed using many different criteria. Miami-Dade County Property Appraiser's Office staff has indicated that the tax revenue attributable to isolated vacant land may certainly decrease. However, they indicated that the overall value of properties already developed may actually rise as a result of the proposed changes. As the total allowable development within the City is decreased, unit prices and the resultant property values for developed properties will rise. According to the Property Appraiser, another expected economic benefit of the proposed changes is that properties will be more likely to T be rehabilitated, rather than demolished and redeveloped. The proposed changes to the Land Development Regulations primarily seek to bring development regulations into conformity with the existing as-built character of the various areas of the City. The proposed changes should not be viewed as a drastic reduction of future development, but rather as a positive step towards reducing maximum allowable development, and ensuring that new development is compatible with its neighbors. The proposed changes have been studied by the City's planning staff and have been found to be consistent with the built character of existing neighborhoods. The Administration believes that these changes will eliminate the possibility for redevelopment of property which is not in keeping with the established character of the City and out of scale with the surrounding neighborhoods. If there is a modest reduction in tax revenues from vacant properties within Miami Beach, this impact should be more than offset by the benefits accruing to the City regarding improvement of existing neighborhood values, preservation of neighborhood character, reduction of traffic congestion, increased access to light, air, open space and view corridors, as well as an increase in value for properties already developed. CONCLUSION The Administration has concluded that many of the proposed changes to the Zoning Map will lead to improvements in the scale and character of new development permitted in each of the identified areas of Miami Beach. The proposed zoning map changes, as amended by the Commission upon first reading, will also bring the Zoning Map more into harmony with the existing development conditions in the City, increase access to light, air and views, and improve the general quality of life for residents of Miami Beach. Therefore, the Administration recommends that the Commission, upon second reading, adopt the proposed amending ordinance as proposed to be modified on first reading by the City Commission. Regarding the proposed Zoning Map changes that will require a Comprehensive Plan amendment and have been excluded from the ordinance, specifically areas 6, 7, 8, 9, 12, 13, 17, 20, 22, 23, 24, 25, 29, 32, 34, 35, 31 and 36, the Administration will proceed with the preparation of appropriate Plan amendments as directed by the Commission. Upon completion of the required Comprehensive Plan amendments for these specified areas,as directed by the Commission,the Comprehensive Plan amendment(after consideration by the Planning Board)and the changes to the Official Zoning Map shall be brought before the Commission for consideration contemporaneously. SR\JG\IrG\RGL\rgl F:\PLAN\$ALL\CC_MEMOS\RICHARD\1343CMM2.98 APPENDIX A Area# General Description of Area Existing Zoning District Classification Proposed Zoning District Classifications (See Map) 1 Area generally South of Biscayne Street C-PS3,Commercial Intensive Mixed Use R-PS4,Residential High Density 2 Area bounded by Ocean Drive on the East,Fourth Street on the R-PS4,Residential High Density R-PS3,Residential Medium-High Density North,Collins Avenue on the West,and First Street on the South 3 Area bounded by Ocean Drive on the East,Fifth Street on the C-PS2,Commercial General Mixed Use R-PS3,Residential Medium-High Density North,Collins Avenue on the West,and Fourth Street on the South;minus blocks 2&3,Block 5 of OCEAN BEACH SUBDIVISION 5 Those properties fronting on the East side of West Avenue, RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Low Intensity from Thirteenth Street on the North,to South Shore Hospital on the South 10 Area bounded by West Avenue on the East,Fourteenth Street RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium on the North,Biscayne Bay on the East,and the South Property Intensity line of those properties located along the South side of Monad Terrace on the South 11 Area bounded by West Avenue on the East,Fifteenth Street on RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity the North,Bay Road on the West,and Fourteenth Street on the Intensity South 16 Those properties fronting on Jefferson Avenue,Michigan RM-1,Residential Multi-Family Low Intensity RS-4,Residential Single Family Avenue and Lenox Avenue,located south of Dade Boulevard and North of Seventeenth Street;excluding the Southernmost three(3)lots fronting on each side of Jefferson Avenue, Michigan Avenue and Lenox Avenue North of Seventeenth Street 19 Lots 1-3 and Lots 14-15,of AMENDED PLAT OF LOT I RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity BLOCK 1 OF MID-GOLF SUBDIVISION(30-19) Intensity 26 Lot E and Lots 52,53 and 54,Block 1 NAUTILUS RM-3,Residential Multi-family High Intensity RM-2,Residential Multi-family Medium SUBDIVISION Intensity 27 Lot 44,Block 1 NAUTILUS SUBDIVISION TH,Townhome District RS-4,Residential Single Family 30 Area bounded by Collins Avenue on the East,Sixty-third Street RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium on the North,Indian Creek Waterway on the West,and the Intensity North line of BATH CLUB PROPERTY TRACT 3 on the South 33 Area bounded by Harding Avenue on the East,Sixty-ninth RM-2,Residential Multi-Family Medium 'RM-1,Residential Multi-Family Low Intensity Street on the North,and Indian Creek Drive on the Southwest; Intensity together with Blocks E,H&J,CORRECTED PLAT OF - ATLANTIC HEIGHTS;together with Lots 4 through 10,Block 14;Lots 4 through 9,Block 13;and Lots 4 through 6,Block 12; all of NORMANDY BEACH SOUTH(21-54) 37 Area bounded by Collins Avenue on the East,Seventy-ninth RM-2,Residential Multi-Family Medium RM-1,Residential Multi-Family Low Intensity Street on the North,Harding Avenue on the West,and Seventy- Intensity fifth Street on the South;together with the Area bounded by Harding Avenue on the East,Eighty-Third Street on the North, Abbott Avenue on the West,and Seventy-third Street on the South;together with th*4rea bounded by Abbott Avenue on the East,Eighty-second Terrace on the North,Byron Avenue on the West,and Eightieth Street on the South;together with Lots 1-4, Block 7 HAYNSWORTH BEACH SUBDIVISION;together with Lots 1 and 2,Block 1 TATUM WATERWAY SUBDIVISION(46-2);together with the Southernmost four(4) lots North of Seventy-third Street between Abbott Avenue and Dickens Avenue 38 Area bounded by the Atlantic Ocean on the East,Eighty-seventh RM-3,Residential Multi-Family High Intensity RM-2,Residential Multi-Family Medium Terrace on the North,Harding Avenue on the West,and Eighty- Intensity seventh Street on the South;excluding Lot 1 Block II ALTOS DEL MAR NO.2(4-162) • F6 MAP 1 . _ - ,.- _ • ._. . -- - _ -• :- (20 - ---. — _--:-_,_-_. 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