2003-3392 OrdinanceORDINANCE NO. 2003-3392
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING PART I1: GOALS,
OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH
YEAR 2000 COMPREHENSIVE PLAN, AS AMENDED, BY
AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND DEVELOPMENT
REGULATIONS OF THE FUTURE LAND USE ELEMENT TO
ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-I
FUTURE LAND USE CATEGORY WITHIN THE FLAMINGO PARK
HISTORIC DISTRICT; TO ALLOW OFFICES IN THE I-1 FUTURE
LAND USE CATEGORY; TO ADD RESIDENTIAL OFFICE, SUITE
HOTELS, AND BED AND BREAKFAST INNS TO THE LIST OF
PERMITTED USES IN THE RM-1 CATEGORY WITHIN THE WEST
AVENUE BAY FRONT DISTRICT OVERLAY; AND TO ADD
RESIDENTIAL OFFICE TO THE RM-2 CATEGORY WITHIN THE
WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND BY
CLARIFYING AS "OTHER USES" THE CONDITIONAL USES
WHICH ARE REQUIRED TO GO THROUGH A PUBLIC HEARING
PROCESS, AND THE ACCESSORY USES WHICH ARE REQUIRED
TO BE SUBORDINATE TO THE MAIN USE, AS THEY MAY BE
PERMITTED IN EACH LAND USE CATEGORY; DIRECTING
TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR
REPEALER, SEVERABILITY, INCLUSION IN THE
COMPREHENSIVE PLAN AND AN EFFECTIVE DATE.
WHEREAS, recent creation of the West Avenue Bay Front Oveday District
has created a shift in the future land use needs of that specific area requiring
amendments to permitted uses in the affected land use categories; and
WHEREAS, the ability of the industrial uses within the I-1 Future Land
Use category to operate would be enhanced by allowing office uses on the
second floor; and
WHEREAS, the uses which currently exist within the various Future Land
Use categories should be recognized in the Comprehensive Plan; and
WHEREAS, the relationship between the Comprehensive Plan and
conditional uses needing further scrutiny and review on a case-by-case basis,
and accessory uses, should be clarified; and
WHEREAS, these regulations will ensure that the public health, safety and
welfare will be preserved in the City of Miami Beach.
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NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Objective 1: Land Development Regulations, Policy 1.2 of the
Comprehensive Plan of the City of Miami Beach shall be amended as follows:
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS
Future growth and development, redevelopment and rehabilitation will be
managed through the preparation, adoption, implementation and enforcement of
land development regulations.
Policy 1.2
Low Density Multi Family Residential Category (RM-f)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multi-family dwellings. Hotels are
permitted for properties fronting Harding Avenue or Collins Avenue, from the City
Line on the north to 73rd Street on the south. Bed and breakfast inns are
permitted in RM-1 only in the Flamingo Park Historic District and the West
Avenue Bay Front Oveday District, both of which are described in the Land
Development Requlations. Residential office and suite hotel uses are permitted
in the West Avenue Bay Front Oveday District only.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Re.qulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to qo throuqh a public hearing
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
Medium Density Multi Family Residential Category (RM-2)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multiple family dwellings;
apartment hotels and hotels. Residential office uses are permitted in RM-2 only
in the West Avenue Bay Front Overlay District, as described in the Land
Development Regulations.
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Other uses which may be permitted are: "'~"' ........ ,~ ik,;.,., t:.-~,-,Ili+i,~.. ,.i,.~,,
~,~r,'~ .F.-~,.~iIH-;~,. ~, ~r~,ir~, ~. ~1;~;~, ,~ ~r;~+~ ~ ~,,~1;~ ;~+;~,,+;~' ~1~.
~ accesso~ uses specifically authorized in this land use cateRow1 as
described in the Land Development ReRulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this
land use cateRo~, as described in the Land Development ReRulations, which are
required to Re throuRh a public hearinR process as prescribed in the Land
Development ReRulations of the Code of the Ci~ of Miami Beach.
High Density Multi-Family Residential Category (RM-3)
Other uses which may be permiffed arc '~'~' "*
~,~ ,'-;I;H ,', ~',. ~,, ,.,,;,.,~ I~ ,.~ ,~.~ ~ ~., · ,.~1;~;,'~, ~, ; ,-, ~,+H., ,+;,-, ,'~ ~', ~ ,*;, ,,-* ~.,~ ; ,-~ ,-*+ N., ,~';,-,~ ~', ,~,, I.~1;,.,
....... ~ ........ g=rage=, accessory uses specifically authorized in this land use
cate,qory1 as described in the Land Development Requlations, which are required
to be subordinate to the main use; and conditional uses specifically authorized in
this land use cate.qorYl as described in the Land Development Re.qulationsl
which are required to qo throu,qh a public hearinq process as prescribed in the
Land Development Re,qulations of the Code of the City of Miami Beach.
Low Intensity Commercial Category (CD-l)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Re.qulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use cateqory, as described in the Land
Development Requlations, which are required to .qo throuqh a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Medium Intensity Commercial Category (CD-2)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate,qory, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
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specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to .qo through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
High Intensity Commercial Category (CD-3)
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Requlations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use cate.qory, as described in the Land
Development Re.qulations, which are required to .qo throuqh a public hearin.q
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
Residential/Office Category (RO)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Re.qulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use cate.qory, as described in the Land
Development Re.qulations, which are required to qo throu.qh a public hearin.q
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
Mixed Use Entertainment Category (MXE)
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Requlations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to .qo throu.qh a public hearing
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
Light Industrial (l-l)
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Uses which may be permitted: Light industrial and compatible retail, office and
service facilities.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use cate.qory, as described in the Land
Development Regulations, which are required to .qo through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Medium-Low Density Residential "Performance Standard" Category (R-
PSl)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, and apartment hotels a,-,d
"""*:*"*;""'~ uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use cate.qory, as described in the Land
Development Requlations, which are required to .qo throu.qh a public headn.q
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
Medium Density Residential "Performance Standard" Category (R-PS2)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, and apartment hotels
;"-*;*' '*:"""' uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Regulations,
which are required to' be subordinate to the main use; and conditional uses
specifically authorized in this land use cateqory, as described in the Land
Development Regulations, which are required to .qo through a public hear nq
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process as prescribed in the Land Development Re.gulations of the Code of the
City of Miami Beach.
Medium-High Density Residential "Performance Standard" Category (R-
PS3)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels and
hotels ""~ ;"~'~;*' '*"~'""' uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to .qo through a public hearinq
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
High Density Residential "Performance Standard" Category (RPS-4)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels and
hotels ~"'~ ;~'~'*;~' ,~..~,n~,, uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateqory, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category., as described in the Land
Development Regulations, which are required to go through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Limited Mixed Use Commercial "Performance Standard" Category (CPS-f)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
and commercial ~"~ ~"*;~"~"~"' uses.
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Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to go through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
General Mixed Use Commercial "Performance Standard" Category (CPS-2)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
and commercial ""'~ ;"~*;*' '*;""~' uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to go through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Intensive Mixed Use Commercial "Performance Standard" Category (CPS-
3)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
and commercial ""~ =""*~*' '+:"""~ uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Regulations, which are required to go through a public hearing
process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Phased Bayside Intensive Mixed Use Commercial "Performance Standard"
Category (CPS-4)
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Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment hotels, hotels,
and commercial 3~d !,-,~t!t'ct!c,".3! uses.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Regulations,
which are required to be subordinate to the main use; and conditional uses
specifically authorized in this land use category, as described in the Land
Development Re.qulations, which are required to .qo throu.qh a public hearin.q
process as prescribed in the Land Development Re.qulations of the Code of the
City of Miami Beach.
SECTION 2. The Administration is hereby instructed to transmit a copy of
this Ordinance and all applicable documents immediately upon approval on First
Reading and again after its adoption on Second Reading to all agencies as
provided by law. The City Commission hereby requests that the state land
planning agency review the plan amendment transmitted herewith.
SECTION 3. REPEALER. That all Ordinances or parts of Ordinances in
conflict herewith be and same are hereby repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or
provision of this Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 5. INCLUSION IN THE COMPREHENSIVE PLAN. It is the
intention of the City Commission, and it is hereby ordained that Section 1 of this
Ordinance shall become and be made part of the City of Miami Beach Year 2000
Comprehensive Plan Part Ih Goals, Objectives and Policies, as amended; that
the sections of this Ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 6. EFFECTIVE DATE. This Ordinance shall become effective
2/15/03 ( 10 ) days after the date of its enactment; however, the effective
date of any plan amendment shall be in accordance with Section 163.3184,
Florida Statutes.
PASSED ON FIRST READING the 25th day of
September 200___2.
8 of 9
PASSED AND ADOPTED ON SECOI
5eh~day ~ Of Febru~ary, 2003. t
L READING this
ATTEST:
CITY CLERK
Ordinance No. 2003-3392
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
F:~PLAI~$PLB~2002\FIle 1552 - 02-2 Text AmendmentS1552 comp plan 02-2 ord version 4.doc (9/18/02)
9 of 9
CITY OF MIAMI BEACH ~1~
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance of the Mayor and City Commission amending Part I1: Goals, Objectives and Policies of the
City of Miami Beach Year 2000 Comprehensive Plan, as amended, by amending Policy 1.2 of Objective 1:
Land Development Regulations of the Future Land Use Element to Allow Bed And Breakfast
Establishments In The RM-1 Future Land Use Category Within The Flamingo Park Historic District; To
Allow Offices In The I-1 Future Land Use Category; To Add Residential Office, Suite Hotels, And Bed And
Breakfast Inns To The List Of Permitted Uses In The RM-1 Category Within The West Avenue Bay Front
District Overlay; And To Add Residential Office To The RM-2 Category Within The West Avenue Bay Front
District Overlay; and by clarifying "other uses" such as conditional uses and accessory uses as may be
permitted in each land use category in the Land Development Regulations of the Code of the City of Miami
Beach.
Issue:
IShall the City Commission approve an ordinance that includes permitted uses and clarifies "other uses" in
the City's Comprehensive Plan, in order to reconcile the Land Development Regulations of the City Code
with the Plan?
Item Summary/Recommendation:
IThe Administration recommends that the City Commission adopt the amendments to the COmprehensive
Plan.
Advisory Board Recommendation:
At the July 23, 2002 meeting, the Planning Board voted unanimously (5-0, two members absent) to
recommend to the City Commission approval of the proposed ordinance.
Financial Information:
Funds:
Finance Dept.
City Clerk's Office Legislative Tracking:
I Planning Department - Jorge G. Gomez/Mercy Lamazares
n-Offs:
sum.doc
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.ci.miami-beach.fl.us ~
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: February 5, 2003
Jorge M. Gonzalez~
City Manager
Second Reading Public Hearing
COMPREHENSIVE PLAN AMENDMENTS - ROUND 03-1
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING PART I1: GOALS, OBJECTIVES AND
POLICIES OF THE CITY OF MIAMI BEACH YEAR 2000 COMPREHENSIVE
PLAN, AS AMENDED, BY AMENDING POLICY 1.2 OF OBJECTIVE 1: LAND
DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE ELEMENT TO
ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-1 FUTURE
LAND USE CATEGORY WITHIN THE FLAMINGO PARK HISTORIC
DISTRICT; TO ALLOW OFFICES IN THE I-1 FUTURE LAND USE
CATEGORY; TO ADD RESIDENTIAL OFFICE, SUITE HOTELS, AND BED
AND BREAKFAST INNS TO THE LIST OF PERMITTED USES IN THE RM-1
CATEGORY WITHIN THE WEST AVENUE BAY FRONT DISTRICT OVERLAY;
AND TO ADD RESIDENTIAL OFFICE TO THE RM-2 CATEGORY WITHIN THE
WEST AVENUE BAY FRONT DISTRICT OVERLAY; AND BY CLARIFYING AS
"OTHER USES" THE CONDITIONAL USES WHICH ARE REQUIRED TO GO
THROUGH A PUBLIC HEARING PROCESS, AND THE ACCESSORY USES
WHICH ARE REQUIRED TO BE SUBORDINATE TO THE MAIN USE, AS
THEY MAY BE PERMITTED IN EACH LAND USE CATEGORY; DIRECTING
TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER,
SEVERABILITY, INCLUSION IN THE COMPREHENSIVE PLAN AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt this proposed
amendment to Part Ih Goals, Objectives and Policies, Future Land Use Element, Policy 1.2
of Objective 1: Land Development Regulations of the City of Miami Beach Year 2000
Comprehensive Plan.
.ANALYSIS
The purpose of the proposed amendment to the Comprehensive Plan (Plan) is to reconcile
the Land Development Regulations (LDRs) of the City Code with the Plan. Specifically, the
proposed amendment includes Bed and Breakfast Establishments in the RM-1 Future
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 2 of 15
Land Use (FLU) category within the Flamingo Park Historic District; offices in the I-1 FLU
category; adding residential office, suite hotels, and bed and breakfast inns to the list of
permitted uses in the RM-1 FLU category within the West Avenue Bay Front District
Overlay; adding residential office to the RM-2 FLU category for the West Avenue Bay Front
District Overlay; and clarifying the "Other Uses" permitted within several of the FLU
categories.
Future Land Use categories
In 1992, the City Commission approved the inclusion of bed-and-breakfast use in RM-1
zoning districts that are within locally designated Historic Districts, subject to a number of
criteria, however, the Plan was not amended at that time. Since only the Flamingo Park
Local Historic District qualifies for this use, this historic district is identified specifically in
this proposed amendment.
In the same light, the West Avenue Bay Front Oveday District, which was approved by the
City Commission on June 19, 2002, is also included as an amendment to the Plan. This
overlay district was created in an attempt to maintain the existing, Iow-scale character of
the West Avenue neighborhood, and residential office, suite hotel, and bed-and-breakfast
inn are three types of development identified that would help in the endeavor. Since RM-1
and RM-2 are the underlying zoning classifications, the proposed amendment to the Plan
includes office, suite hotel and bed & breakfast within the RM-1 future land use category,
and residential office within the RM-2 category but only for the West Avenue Bay Front
Overlay District.
Likewise, when the City Commission in October of 2001 adopted amendments to the Land
Development Regulations for the I-1 zoning district, the Plan was not amended. This
amendment proposes to correct that oversight by including office use to the list of
permitted uses within this FLU category. This amendment to the LDRs allows an office on
the second floor while prohibiting them from displacing ground floor industrial uses, which
is the main use of this district. This has the beneficial effect of allowing the Industrial uses
to maximize the productivity of their ground floor, and create a viable alternative for the use
of the upper floors of the existing structures.
Lastly, the change to the Residential Performance Standards text reflects that institutional
use is not a main permitted use, but a conditional use and thus added to the "Other Uses"
section of the Plan.
"Other Uses" section in the Future Land Use categories
The Future Land Use categories of the Plan also list "Other Uses." The "Other Uses"
section consists of uses that may be accessory uses, which are subordinate to the main
use, or uses which the City Code lists as conditional uses. A conditional use is a use that
would not be appropriate generally or without restriction throughout a particular zoning
district, but would be appropriate if controlled as to number, area, location in relation to the
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-I
Page 3 of 15
neighborhood. Conditional uses are therefore subject to a higher degree of scrutiny and
subject to specific conditions attached to each individual application.
The "Other Uses" section was not included in several of the future land use categories in
the 1994 Comprehensive Plan amendment. Thus, the proposed amendment to the Plan
includes language to indicate that accessory uses and conditional uses are subordinate to
the main use, or must go through a public hearing process. Staff believes that this would
allow flexibility to the process and not have to amend the Plan every time there is an
amendment to the LDRs.
The following sections show the proposed amendments to the Plan, as they will apply to
each of the FLU categories:
Low Density Multi-Family Residential Category (RM-1)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multi-family dwellings. Hotels are
permitted for properties fronting Harding Avenue or Collins Avenue, from the City
Line on the north to 73rd Street on the south. Bed and breakfast inns are permitted
in P,M-1 only in the Flaminqo Park Historic District and the West Avenue Bay Front
Overlay District, both of which are described in the Land Development Re.qulations.
Residential office and suite hotel uses are permitted in the West Avenue Bay Front
Overlay District only.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
=
authorized in this land use cateqory, as described in the Land Development
Re.qulations, which are required to .qo throu.qh a public hearin.q process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
Medium Density Multi-Family Residential Category (RM-2)
Uses which may be Permitted: Single family detached dwellings; single family
attached dwellings; townhouse dwellings and multiple family dwellings; apartment
hotels and hotels. P,esidential office uses are permitted in P,M-2 only in the West
Avenue Bay Front Overlay District, as described in the Land Development
Re.qulations.
Other uses which may be permitted am: "'~' '~* ........ *" ';";"" ;"";'"*;~"' '~ .......
accessory uses specifically authorized in this land use cate.qory, as described in the
Land Development Regulations, which are required to be subordinate to the main
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 4 of 15
use; and conditional uses specifically authorized in this land use cate.qory, as
described in the Land Development Re.qulations, which are required to (~o thmu¢ih a
public hearin.q process as prescribed in the Land Development Re.qulations of the
Code of the City of Miami Beach.
m
Light Industrial (I-1)
Uses which may be permitted: Light industrial and compatible retail, office and
service facilities.
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use cate.qory, as described in the Land Development
Re.qulations, which are required to .qo throu.qh a public hearin.q process as
prescribed in the Land Development Re.qulations of the Code of the City of Miami
Beach.
High Density Multi-Family Residential Category (RM-3)
Other uses which may be permitted arc "';'"* ........ *~- ';,,;,,,- ;'-'-;';+;'-*-' a'-" ccrc
gcrcgc=, accessory uses specifically authorized in this land use cate.qory, as
described in the Land Development Re.qulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land
use cate.qory, as described in the Land Development Requlations, which are
required to cio throu.qh a public hearing process as prescribed in the Land
Development Requlations of the Code of the City of Miami Beach.
Low Intensity Commercial Category (CD-l)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Requlations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Regulations, which are required to .qo throu.qh a public headn.q process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
Medium Intensity Commercial Category (CD-2)
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 5 of 15
authorized in this land use cate.qory, as described in the Land Development
Re.qulations, which are required to ,qo throu,qh a public hearin.q process as
prescribed in the Land Development Re.qulations of the Code of the City of Miami
Beach..
High Intensity Commercial Category (CD-3)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cateqory, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Re.qulations, which are required to .qo throuqh a public hearin.q process as
prescribed in the Land Development Regulations of the Code of the City of Miami
Beach.
8. Residential / Office Category (RO)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use cate.qory, as described in the Land Development
Requlations, which are required to qo throu.qh a public hearinq process as
prescribed in the Land Development Re.qulations of the Code of the City of Miami
Beach..
Mixed Use Entertainment Category (MXE)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate,qory, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Regulations, which are required to qo through a public hearing process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
10. Residential "Performance Standard" Categories (RPS-I, & 2)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment/hotels, ccd
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Requlations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 6 of 15
Re.qulations, which are required to go throu.qh a public hearing process as
prescribed in the Land Development Requlations of the Code of the City of Miami
Beach.
11. Residential "Performance Standard" Categories (RPS-3, & 4)
Uses which may be Permitted: Single family detached dwellings, single family
attached dwellings, townhouse dwellings, apartments, apartment/hotels and hotels.
Other uses which may be permitted are accessory uses specifically authorized in
this land use category, as described in the Land Development Re.qulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Requlations, which are required to go through a public hearing process as
prescribed in the Land Development Regulations of the Code of the City of Miami
Beach.
12. Four Commercial "Performance Standard" Categories (CPS-l, 2, 3 & 4)
Other uses which may be permitted are accessory uses specifically authorized in
this land use cate.qory, as described in the Land Development Regulations, which
are required to be subordinate to the main use; and conditional uses specifically
authorized in this land use category, as described in the Land Development
Regulations, which are required to go throuqh a public hearing process as
prescribed in the Land Deve opment Re.qulations of the Code of the City of Miami
Beach.
PLANNING BOARD REVIEW CRITERIA:
Traditionally in the past, when reviewing a request for an amendment to the Plan, either to
the FLUM or text, although not specifically prescribed by the City Code, Planning Staff
have used the criteria listed for amendments to the LDRs as guidance for the Board's
consideration:
The changes that are being proposed will be compatible with the Plan, once this Plan
amendment is approved and adopted. This amendment will make the LDRs consistent
with the Plan.
Whether the proposed change is consistent and compatible with the
comprehensive plan and any applicable neighborhood or redevelopment
plans.
1. RM-1 FLU category
Oommi~ion Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 7 of 15
Consistent: As this amendment related to the RM-1 FLU category, the
proposed change is not inconsistent with the Miami Beach Art Deco District
Preservation and Development Plan. Given that the intent of adding these
development types into RM-1 is an attempt to preserve the historic character
of the neighborhoods, the change is consistent with the principles expressed
in the Goal of the Historic Preservation Element of the Comprehensive Plan.
2. RM-2 FLU category
Consistent - The proposed changes are being made to make the
Comprehensive Plan and the newly created West Avenue Bay Front Oveday
District compatible with one another. Given that the intent of adding the
Residential Office development type into RM-2 is an attempt to preserve the
neighborhood character of the West Avenue neighborhood, the change is
consistent with the principles expressed in the Goal of the Historic
Preservation Element of the Comprehensive Plan.
3. I-1 FLU category
Partially Consistent - Adding office use as a permitted use on the second
floor could be complementary to the primary ground floor industrial uses.
There is no neighborhood plan for this area.
4. "Other Uses" Section of the FLU
Consistent - The proposed text amendment will better reflect the current
existing land uses. The new uses being proposed will be compatible with the
existing permitted uses, and hence with the comprehensive plan. Because
this amendment would be effective citywide, there are several applicable
neighborhood or redevelopment plans. The proposed additional uses are
not inconsistent with those plans.
Whether the proposed change would create an isolated district unrelated to
adjacent or nearby districts.
1. RM-1 FLU category
Consistent - The proposed amendment is adding uses to a future land use
category, it will not create an isolated district. These uses are compatible
with the surrounding uses.
2. RM-2 FLU category
Consistent -The proposed amendment would not create an isolated district.
The uses staff is proposing to add are compatible with the surrounding uses.
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-I
Page 8 of 15
=
3. I-1 FLU category
Consistent -The proposed amendment will add one use, and limit other
uses already allowed within the Industrial category. It will not create an
isolated district.
4. "Other Uses" Section of the FLU
Consistent - The proposed amendment will not create isolated districts.
Whether the change suggested is out of scale with the needs of the
neighborhood or the city.
1. RM-1 FLU category
Consistent - This amendment is being proposed to ensure that the
character of the West Avenue and Flamingo Park neighborhoods is
maintained, and that it is designed to fit the scale of the neighborhood. It is
not out of scale with the needs of the City or the neighborhood
2. RM-2 FLU category
Consistent - This amendment is being proposed to ensure that the
character of the West Avenue neighborhood is maintained, and is designed
to fit the scale of the neighborhood. It is not out of scale with the needs of
the City or the neighborhood.
3. I-1 FLU category
Consistent - The proposed amendment is not out of scale with the needs of
the City or the neighborhood.
4. "Other Uses" Section of the FLU
Consistent - The proposed amendment adds additional uses, many of which
are currently existing, to many Future Land Use categories. These additions
make the Land Development Regulations and the Comprehensive Plan
consistent with one another, and thus the proposed changes are not out of
scale with the needs of the City or the neighborhood.
Whether the proposed change would tax the existing load on public facilities
and infrastructure.
1. RM-I FLU category
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 9 of 15
=
Consistent - The proposed changes are not expected to have a negative
impact upon the existing public facilities or infrastructure.
2. RM-2 FLU category
Consistent - The proposed change is not expected to have a negative
impact upon the existing public facilities or infrastructure.
3. I-1 FLU category
Consistent - The proposed change is not expected to have an impact upon
the existing public facilities or infrastructure.
4. "Other Uses" Section of the FLU
Consistent - The proposed change is not expected to have an impact upon
the existing public facilities or infrastructure.
Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
Not applicable
Whether changed or changing conditions make the passage of the proposed
change necessary.
1. RM-1 FLU category
Partially Consistent - A portion of this amendment has been brought about
by changing conditions, namely the addition of uses to the West Avenue Bay
Front Overlay District, which is newly created. However, the inclusion of bed
and breakfast inns within the Flamingo Park neighborhood, and the addition
of"Other Uses" to the RM-1 were not brought about by changing conditions.
2. RM-2 FLU category
Consistent - Changing conditions in the form of a newly created West
Avenue Bay Front Overlay District have brought about this proposed
amendment.
3. I-1 FLU category
Partially Consistent - The permitted uses in Light Industrial land use
category provides for light industrial uses and compatible retail and service
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 10 of 15
facilities. This category does not list office as a permitted use. Adding office
use, as a permitted use on the second floor could be complementary to the
primary ground floor industrial uses.
4. "Other Uses" Section of the FLU
Consistent - Changing conditions have brought about several amendments
to the land development regulations over the past several years. The
proposed amendment makes the Comprehensive Plan and the Land
Development Regulations consistent with one another.
Whether the proposed change will adversely influence living conditions in the
neighborhood.
1, RM-1 FLU category
Partially Consistent - The addition of a wider variety of transient housing
may be perceived as adversely impacting living conditions for residents,
however staff included criteria in the amendments specific to the Districts
involved that would mitigate those impacts.
2. RM-2 FLU category
Consistent - The addition of a wider variety of transient housing could be
seen as adversely impacting living conditions for residents, but staff has
proposed conditions in the amendments specific to the Districts involved to
mitigate those impacts.
3. I-1 FLU category
Consistent - The proposed amendment is not expected to negatively impact
living conditions in this area. Residential uses are not permitted, though
there are two existing non-conforming residential buildings within the
boundaries of the district.
4. "Other Uses" Section of the FLU
Consistent - The proposed amendment is not expected to negatively impact
living conditions in the city. The uses which are proposed for addition to
these categories already exist in many cases, and if not already existing,
they are compatible with the intent of the future land use category. This
amendment will also correct scrivener's errors that occurred during the 1994
amendment round
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 11 of 15
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.
1. RM-1 FLU category
Partially Consistent - The proposed text amendment is not expected to
have a negative impact on the traffic congestion in Miami Beach. However,
that determination will be made on a case-by-case basis by the
Transportation and Concurrency Management Division.
2. RM-2 FLU category
Partially Consistent - The proposed text amendment is not expected to
have a negative impact on the traffic congestion in Miami Beach. However,
as projects are reviewed, a determination would have to be made as to
whether or not mitigation would be necessary.
3. I-1 FLU category
Consistent - Future construction of office space may increase the number of
employees in this area, but the proposed amendment is not expected to
have any negative impact on the traffic congestion in Miami Beach.
4. "Other Uses" Section of the FLU
Consistent - The proposed amendment is not expected to have any
negative impact on the traffic congestion in Miami Beach. The uses that are
proposed for addition to these categories already exist in many cases.
Whether the proposed change will seriously reduce light and air to adjacent
areas.
1. RM-1 FLU category
Consistent - The proposed text amendment is not changing the current
building height, bulk or mass regulations, but only what is allowed to exist
within the building. The proposed amendment should not have a negative
impact on the light and air received by adjacent areas, as it attempts to
encourage the adaptive re-use of existing buildings.
2. RM-2 FLU category
Consistent - The proposed text amendment is not changing the current
building height, bulk or mass regulations, but only what is allowed to exist
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 12 of 15
within the building. The proposed amendment should not have a negative
impact on the light and air received by adjacent areas.
3. I-1 FLU category
Consistent - The proposed text amendment is not changing the current
building height, bulk or mass regulations, but only what is allowed to exist
within the building. The proposed amendment should not have a negative
impact on the light and air received by adjacent areas.
4. "Other Uses" Section of the FLU
Consistent - The proposed text amendment is not changing the current
building height, bulk or mass regulations, but only what is allowed to exist
within the building. There is not expected to be a negative impact on the light
and air received by adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
1. RM-1 FLU category
Consistent - Property values in the adjacent areas are not expected to be
negatively affected by the proposed text amendment. Providing additional
permitted uses may have a beneficial impact on property values.
2. RM-2 FLU category
Consistent - Property values in the adjacent areas are not expected to be
negatively affected by the proposed text amendment. Providing additional
permitted uses may have a beneficial impact on property values.
3. I-1 FLU category
Consistent - Property values in the adjacent areas are not expected to be
negatively affected by the proposed amendment. Providing additional
permitted uses may have a beneficial impact on property values.
4. "Other Uses" Section of the FLU
Consistent - Property values in the adjacent areas are not expected to be
negatively affected by the proposed amendment. Providing additional
permitted uses may have a beneficial impact on property values.
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 13 of 15
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations,
1. RM-I FLU category
Consistent - This text amendment is not expected to be a deterrent to the
improvement/development of the adjacent parcels or districts.
2. RM-2 FLU category
Consistent - This text amendment is not expected to be a deterrent to the
improvement/development of the adjacent parcels or districts.
3. I-1 FLU category
Consistent - The proposed amendment will not be a deterrent to the
improvement/development of the adjacent parcels. On the contrary, by
adding office use on the second floor, staff expects that there will be an
increased ability to complement the stated purpose of the category, namely,
to provide an area for industrial uses. Also, allowing office uses on the
second floor, where industrial uses have traditionally not been located, it
allows development of the parcels to their fullest allowed height and FAR.
4. "Other Uses" Section of the FLU
Consistent -The proposed amendment is not expected to be a deterrent to
the improvement/development of the adjacent parcels. The uses, which are
proposed for addition to these categories, in many cases already exist in the
LDRs.
12.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning.
13,
Not applicable
Whether it is impossible to find other adequate sites in the city for the
proposed use in a district already permitting such use.
1. RM-I FLU category
Partially Consistent - It is possible to find other future land use categories
where these uses can be created, but the beneficial effects on retaining
neighborhood character warrant their inclusion in this category as well.
2. RM-2 FLU category
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 14 of 15
Partially Consistent - It is possible to find other future land use categories
where these uses can be created, but the beneficial effects on retaining
neighborhood character warrant their inclusion in this category as well.
3. I-1 FLU category
Partially Consistent - Office uses can be placed in all commercial
categories, and also in the residential office category.
4. "Other Uses" Section of the FLU
Partially Consistent - All of the uses proposed for addition to the various
future land use categories are also allowed in various other categories
throughout the City. However, the Land Development Regulations allowthe
listed uses, and the proposed amendment creates consistency between the
Comprehensive Plan and the Land Development Regulations.
Planning Board Action
The subject amendment is a Text Amendment to the Comprehensive Plan of the City of
Miami Beach. As such, the Planning Board, as the land-planning agency for the city, was
required to hold a public hearing and to make a recommendation. The Board heard this
matter at a public hearing on July 23, 2002, and without any dissent from the public
present, the Board voted unanimously 5-0 (two members absent) to recommend to the City
Commission approval of the proposed amendment.
Procedure
The City Commission held the first reading public hearing on September 25, 2002 in
accordance with Section 163-3184(15(b)1, F.$. At that meeting, the Commission
approved the proposed ordinance on first reading and directed the Administration to
transmit the proposed Plan amendment to the Department of Community Affairs (DCA)
and other state and regional agencies for review and comment.
On December 17, 2002, the Administration received notification from the DCA informing
the City that there were no objections to the proposed amendment and that upon receipt of
the letter, the City has 60 days in which to adopt the proposed amendment. Please note
that adoption of the proposed amendment is time sensitive. At this time the Commission
must hold a second reading public hearing to adopt the proposed amendment, and
pursuant to Section 163.3184(15) F.S., shall be advertised in the newspaper at least 5
days before the public hearing.
Commission Memorandum
February 5, 2003
Comprehensive Plan Amendments - Round 03-1
Page 15 of 15
Since this proposed amendment could not be adopted during the year 2002, the
amendment has been transferred to the first cycle of the year 2003, thereby allowing the
City only one other cycle of amendments during 2003.
Conclusion
Based on the foregoing, the Administration recommends that the City Commission approve
the proposed amendment to the Comprehensive Plan.
J MG\C'~C\~M L
T:~AGENDA~2003\feb0503~regular~1552 complan 03-1 2nd rdg.doc
CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO PART I1: BOALS,
THE CITY OF MIAMI BEACH
TEAR 2000 COMPREHENSIVE PLAN
NOTICE TO THE PUBLIC
The City of Miami Beach pmpoass to adopt the following Ordinance:
Round #03-1 Comprehensive Plan amendments. AN ORDINANCE OF THE MAYOR
AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
PART I1: GOALS, OBJECTIVES AND POLICIES OF THE CITY OF MIAMI BEACH YEAH
2000 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING POLICY 1.2 OF
OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS OF THE FUTURE LAND USE
ELEMENT TO ALLOW BED AND BREAKFAST ESTABLISHMENTS IN THE RM-1
1 EDTUSE LAND USE CATEGORY WITHIN THE FLAMINGO PARK HISTORIC DISTRICT;
TO ALLOW OFFICES IN THE I-1 FUTURE LAND USE CATEGORY; TO ADD
RESIDENTIAL OFRCE, SUITE HOTELS, AND BED ANO OREAICT-AST INNS TO THE
LIST OF PERMITIT:D USES IN THE IIM-1 CATEG(XlY WITHIN THE WEST AVENUE
BAY FRONT DI~lglCT OVERLAy; AND TO ADO RESIDENTIAL OFFICE TO THE RM-2
~C~. ~_Wr~H~ I.N.,..~,.E_WEST.AVENUE BAY FRONT DISTRICT OVERLAy; AND BY
B.~.qISIPTINiJ A5 UTHER USES THE CONDITIO
NAL USES WHICH ARE REQUIRED
TO GO THROUGH A PUBLIC HEARING PROCESS AND THE ACCESSORY
.T.O._B.E SUBOnD,NATE THE AS THEY YUYUY BE
iP.u m r.A~. LANU USE CATEGORY; DIRECTING TRANSMITrALS OF THIS
ORDINANCE AND ALL APPLICABLE DOCUMENTS TO AFFECTED AGENCIES;
'.O"AN"' . '"'.'NCU.,0H,HTHE OMPBE.END,UE
A PIJaUC HEARING on the ordinance will be held by the MfamJ Beach 'City
Commission on Wednesday February 6, 2003 at 5'15 p m or as soon there
ib4e ' . ' · after as
poas., iff the Commission Chambers, 3rd Floor, City Haft, 1700 Convefltioo CorKer
Drive, Miami Beach, Rorida, This item may be continued, and under such
circumstances, sddibenaf legal notice would not be prcvidsd, -
I ,,qwo 0~ mJmlg a~]r~qaeo ~0 ale ~ffy ~ommlss~ofl cio the City Clerk's Office 1700
Cent~D~, ?tF~r,C.ilyHall MiamiB4~ch F',oricla33139 Thea Icat~ '
documents ~ , ofdlrlance~, ami afl
relate~ thefmo are available for public
· ~ during normal bus,ness hours in
or Its ............. -q,~-, = - ;,~ conaidured at its
w..,-n ~ gnc~m]es me te~mony and evidence u whk:h proceedl
,o( co~ coflSmlt by the City for the Introduction or admission of ot~ inadmissible or
J/IrTelevant evidence, nor dues it mJthoglze challenges or appeals nof othe~vlse allowed by ,aw
~n.~c_c_~.d~a~c.e .w_ith_~he Americans with Disabilities Act of 1990 persons nee'dlna'soecial
~,,,,r.~..~m~o~.~.~. ,.~ ,..p~.c~!e_ ~,n. ~ ,proceeding should co.ct the C~ Crerk~ office no ~te~ than
.,_-,~zo .P,-~,_,~u~,e..p~oce?, ,rig, [etephona (305) a73.74~1 for assistance; if hemlng impaired,
mmpmm me J'K~ma ~e ay ~erwce numbers (aDO) 95~-a77~ ~'OD) or (aoo) 955-e770 (VOl~ for