Ordinance 2001-3300 ORDINANCE NO. 2001-3300
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
OFFICIAL ZONING DISTRICT MAP, REFERENCED IN SECTION
142-72 OF THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA,
BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF
LOTS 1 THROUGH 8 INCLUSIVE OF BLOCK 47, OCEAN BEACH
ADDITION NO.3,AS RECORDED ON PB 2-81, PUBLIC RECORDS
OF MIAMI-DADE COUNTY FLORIDA,LOCATED ON THE WEST
SIDE OF WASHINGTON AVENUE BETWEEN 6TH AND 7TH
STREETS, FROM THE CURRENT ZONING DISTRICT
CLASSIFICATION RM-1 RESIDENTIAL MULTI-FAMILY LOW
INTENSITY, TO THE PROPOSED ZONING DISTRICT
CLASSIFICATION RM-2 RESIDENTIAL MULTI-FAMILY MEDIUM
INTENSITY; AMENDING THE AFFECTED PORTION OF THE
CITY'S OFFICIAL ZONING DISTRICT MAP TO REFLECT THE
CHANGE TO RM-2; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Comprehensive Plan and the Future Land Use Map were amended by the
City Commission on January, 1994; and
WHEREAS,Policy 1.4 of the Comprehensive Plan requires that the changes in the Future
Land Use Map as amended in 1994, be reflected in amendments to the zoning map; and
WHEREAS, amending the zoning of said properties as more particularly described above,
from the current zoning district classification RM-1 Residential Multi-Family Low Intensity to the
proposed zoning district classification RM-2 Residential Multi-Family Medium Intensity, as
provided herein is necessary to provide consistency with the as-built character of Washington
Avenue in this neighborhood without creating any significant negative impacts on the surrounding
neighborhood; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENTS OF ZONING DISTRICTS AND ZONING DISTRICT MAP
That the Mayor and City Commission hereby amend the Zoning District and Zoning District
Map of the 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 the west
side of Washington Avenue between 6th and 7th Streets, legally described as Lots 1 Through 8
r
Inclusive of Block 47, Ocean Beach Addition No. 3, as Recorded on PB 2-81, Public Records of
Miami-Dade County Florida, from the existing zoning district classification RM-1 Multi-Family
Low Intensity, to the proposed zoning district classification of RM-2 Residential Multi-Family
Medium 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 7th day of April , 2001.
PASSED and ADOPTED this 28th day of March , 2001.
ATTEST:
AYOR
fattit fait t !,v\.- APPROVED AS TO
FORM AND LANGUAGE
CITY CLERK & FOR EXECUTION
111/ P-(1/4110A--- 3 - "2-- 0
City Attorney Date
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PROPOSED ZONING MAP CHANGE
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139
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COMMISSION MEMORANDUM NO. r]1-0 )
TO: Mayor Neisen O.Kasdin and DATE: March 28,2001
Members of the City Commitrj-ssion
FROM: Jorge M.Gonzalez
City Manager FIRST AND ONLY READING-PUBLIC HEARING
SUBJECT: Zoning Map Change
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending the Official Zoning District Map, Referenced in Section
142-72 of the Code of the City of Miami Beach, Florida, by Changing the
Zoning District Classification of Lots 1 Through 8 Inclusive of Block 47, •
Ocean Beach Addition No. 3, as Recorded on PB 2-81, Public Records of
Miami-Dade County Florida,Located on the West Side of Washington Avenue
Between 6th and 7th Streets, from the Current Zoning District Classification
RM-1 Residential Multi-Family Low Intensity,to the Proposed Zoning District
Classification RM-2 Residential Multi-Family Medium Intensity; Amending
the Affected Portion of the City's Official Zoning District Map to Reflect the
Change to RM-2; Providing for Repealer, Severability and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission,upon this first and only reading, adopt
the proposed Zoning Map change.
ANALYSIS
In January, 1994 the City approved numerous Comprehensive Plan and Future Land Use Map
amendments rezoning properties throughout the City, including properties on Block 47
(Washington Avenue between 6th and 7th Streets). However, at that time the corresponding
amendment to the Zoning Map was not made. Following is a timeline of these events:
• 12/2/93 - The Planning Board, sitting as the Local Planning Agency, met to review and
consider a draft amendment to the Miami Beach Comprehensive Plan, including changes
to the Future Land Use Map, one of which was the portion of Washington Avenue
referenced above.
• 1/6/94 - The City Commission approved the transmittal of the draft 1994 Comprehensive
Plan Amendments to the State of Florida Department of Community Affairs.
AGENDA ITEM 'Q`SA
DATE ��
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change Page 2
ANALYSIS (Continued)
• 6/2/94 - City Commission adopted by Ordinance No. 94-2928 the amendments to the
Comprehensive Plan.
• 10/9/96 - City Commission re-adopted by Ordinance No. 96-3058 pursuant to a
Compliance Agreement, the 1994 amendments to the Comprehensive Plan.
Planning Department staff reviewed the Comprehensive Plan and the Future Land Use Map
changes made in 1994 and recommended to the Planning Board that a redesignation of the zoning
classification on the subject properties from the existing zoning district classification of RM-1
Residential Multi-Family Low Intensity, to the proposed zoning district classification RM-2
Residential Multi-Family Medium Intensity would provide consistency with the as-built character
of Washington Avenue in this immediate area without creating any significant negative impacts
on the surrounding neighborhood, and would be consistent with the public health, safety and
welfare.
The existing designation of RM-1 is inconsistent with the RM-2 future land use designation of the
subject properties, and is also inconsistent with the existing conditions of the properties fronting
on Washington Avenue These properties are zoned CD-2 and are characterized by residential,
hotel and commercial development. It should be noted that the development regulations of the
CD-2 zoning district are very similar to the ones for RM-2; for instance, the maximum height
permitted is 50 feet and hotel uses are permitted`. Therefore,changing the zoning classification will
enable the historic Angler Hotel to be used as a hotel again.
Furthermore, the proposed amendment should not adversely influence living conditions in the
neighborhood any more than is currently occurring as a result of the existing surface parking lot
and vagrants occupying the vacant Angler Hotel,which is proposed to be totally rehabilitated and
operated again as a hotel. Lastly, rezoning this area will harmonize the Official Zoning Map with
the Future Land Use Map, thereby eliminating any confusion that might arise from the dual
designation of the subject area.
Existing and Proposed Zoning Regulations
The property is currently zoned RM-1 Residential Multi-family Low Intensity, and located within
the National Register Architectural District and the Flamingo Park Local Historic District. The
Land Development Regulations of the City Code specify the following development regulations
for the existing zoning district:
Maximum Floor Area Ratio (FAR): 1.25
Maximum Building Height: 40 feet in historic districts.
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change Page 3
If the property was rezoned to the RM-2 Multi-family Medium Intensity zoning district the
applicable development regulations would be as follows:
Maximum Floor Area Ratio (FAR): 2.0
Maximum Building Height: 50 feet in historic districts.
Procedure
In accordance with Section 118-163 (3), when reviewing a request for an amendment to the land
development regulations, the Planning Board shall consider 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-2
Residential Multi Family Medium Intensity on the adopted Future Land Use
Map. Accordingly, the proposed change from RM-1 to RM-2 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.
2. Whether the proposed change would create an isolated district unrelated to adjacent
or nearby districts.
Consistent- Properties fronting on Washington Avenue are currently zoned CD-2. The
proposed zoning district classification of RM-2 Residential Multi-Family
Medium Intensity would provide consistency with the as-built character of
Washington Avenue in this immediate area without creating any significant
negative impacts on the surrounding neighborhood. It should be noted that
the contiguous CD-2 zoning district on Washington Avenue has very
similar development regulations as the RM-2; for instance, the maximum
height permitted is 50 feet and hotel uses are permitted.
3. Whether the change suggested is out of scale with the needs of the neighborhood or
the city.
Consistent- The RM-2 zoning designation is compatible with most of the neighboring
properties fronting on Washington Avenue, and will permit an existing
historic hotel to operate as such. The change suggested is not out of scale
with the surrounding neighborhood. The site is designated RM-2 on the
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change Page 4
Future Land Use Map and rezoning this area will harmonize the Official
Zoning Map with the Future Land Use Map.
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-1 is inconsistent with the RM-2
future land use designation of the subject property, and inconsistent
with the existing conditions on the properties fronting on
Washington Avenue, which are zoned CD-2 and are characterized
by some residential and commercial development. The contiguous
CD-2 zoning district on Washington Avenue has very similar
development regulations as the RM-2; for instance, the maximum
height permitted is 50 feet and hotel uses are permitted thereby
creating consistency with the contiguous properties.
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - The Future Land Use Map designation for the subject property was changed
to RM-2 as part of a Comprehensive Plan amendment which included
citywide rezoning in 1994,but the Official Zoning Map was not changed at
that time. Rezoning the property to RM-2 would also acknowledge the
existence of an earlier development history of constructing hotel structures
to accommodate an increasing number of visitors during the 1930s and
1940s, which is equally valid today. Further, the change would eliminate
the disparity between the zoning map and the Future Land Use Map.
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change Page 5
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 existing surface parking lot and vagrants occupying
the Angler Hotel, which is proposed to be totally rehabilitated.
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 may have an impact, but
these impacts would be mitigated by improvements recommended 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 existing
vacant lots, as the maximum allowable height for buildings will be
50 feet, and the allowable floor area would increase somewhat.
Although RM-1 permits a maximum height of 40 feet,CD-2 allows
the same height as the RM-2. Noteworthy is the fact that any
rooftop additions that may be proposed on the structures existing on
this block can only be one floor, and any new development would
have to conform to the land development regulations that are in
place at the time of the development.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Consistent - Staff believes that property values in the adjacent areas would not be
negatively affected by the proposed amendment;the proposed rehabilitation
and renovation of the existing Angler Hotel is an example of how this
proposed change could further enhance surrounding values.
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change 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 would not affect the ability for an adjacent property to
be developed in accordance with the land development regulations as they
exist at the time of development.
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 existing hotel structure could not
operate as a hotel, nor have accessory commercial uses similar to the
surrounding properties on Washington Avenue.
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
At its February 27, 2001 meeting,the Planning Board unanimously recommended approval of the
proposed zoning map change.
Commission Action
At the March 14, 2001 public hearing, the Administration explained the difference between the
Future Land Use Map and the Official Zoning Map. These changes occurred in 1994 as detailed
on page one of this memorandum and there will be other zoning map changes that the
Administration will be bringing forward at a future date; these changes also date back to the 1994
comprehensive zoning changes.
The proposed change under review at this time was brought forward due to the interest of a
developer to rehabilitate the historic Angler Hotel(c. 1930)and to have it function again as a hotel.
The zoning map change,however, is not tied to any one development in particular. The owner(s)
of the vacant parcels on this block will be able to develop the properties in conformance with the
Land Development Regulations existing at the time of development.
During the public hearing, several people expressed concerns relative to the use of the property
as a hotel, more specifically, they were concerned about their quality of life and how the existing
alley between the subject properties and those to the west will become unusable because of delivery
Commission Memorandum
March 14, 2001
Public Hearing for Zoning Map Change Page 7
and service issues. These issues,however, could be very similar should the subject properties be
developed as apartment buildings.
In order to assuage some of the concerns relative to quality of life, there are certain uses that are
not permitted in the RM-2 zoning districts. According to Sec. 142-902 (1) b. of the City Code,
"Hotels located in the RM-2 district are permitted to have any accessory use that is customarily
associated with the operation of a hotel or apartment building, except for dance halls, entertainment
establishments, neighborhood impact establishments, outdoor entertainment establishments, or
open air entertainment establishments".
Because of the issues and concerns related above, the City Commission continued the public
hearing to March 28, 2001 to allow the developer and its architect to meet with the neighbors to
the west to try address their concerns and find mutually agreeable solutions.
Please note that this is the first and only public hearing the Commission will have regarding the
proposed zoning 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 requf ed public hearing,the amendment may be immediately adopted by the Commission.
10
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