2003-3400 OrdinanceORDINANCE NO. 2003-3400
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," SUBDIVISION III, "RM-
pRD MULTIFAMILY, PLANNED DEVELOPMENT
DISTRICT," SECTION 142-185, CLARIFYING THE
AVERAGE UNIT SIZE FOR NEW CONSTRUCTION IS A
MINIMUM OF 1,000 SQ. FT., ALLOWING THE
SUBDIVISION OF LAND WITHIN SUCH DISTRICT, AS
LONG AS THE PARENT PARCEL REMAINS IN
COMPLIANCE WITH THE LAND DEVELOPMENT
REGULATIONS OF THAT SECTION, AND PROVIDING
THAT ALL DEVELOPMENT WITHIN THE DISTRICT IS
SUBJECT TO DESIGN REVIEW PROCEDURES,
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach Land Development Regulations contain a zoning
district known as RM-PRD, which is designed for new construction of Iow intensity multiple-
family planned residential developments; and
WHEREAS, the RM-PRD district sets a minimum lot size of 10 acres; and
WHEREAS, development of RM-PRD properties may include multiple phases and
ownerships of buildings located on such 1 O-acre tracts; and
WHEREAS, the developmental regulations that govern the RM-PRD district, as well as
the review procedures of the land development regulations, adequately provide for the planned
residential development of such district, notwithstanding multiple phases or ownerships of
portions of the 10+ acre parcels; and
WHEREAS, where a new development parcel of less than ten acres is created within this
district from an original parcel of more than ten acres, and the new dex~elopment parcel is
planned consistent with the development regulations applicable to the original or parent parcel of
more than ten acres, the intent of this district and compliance with its regulations are satisfied;
and
WHEREAS, the development regulations of the district provide for an average unit size
of 1,000 sq. ft., which should be a minimum requirement whereby the average unit size is no less
than such number; and
WHEREAS, all buildings constructed in the district should be subject to design review
procedures; and
WItEREAS, subdivision of a planned residential development of 10 acres or more in
accordance with the land development regulations of this district, according to design review
procedures, satisfies the intent and purpose of Chapter 118, Article VII, Division of Land/Lot
Splits; and
WHEREAS, a similar provision allowing planned developments to be excluded from the
Division of Land/Lot Split requirements of Chapter 118, Article VII, is found in the RM-PRD-2
zoning district; and
WItEREAS, the Planning Board, at its meeting of December 3, 2002, by a vote of 4-0 (3
members absent) recommended approval of the amendment to the Land Development
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION1. CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION III, "RM-PRD MULTIFAMILY,
PLANNED DEVELOPMENT DISTRICT," SECTION 142-185, of the Land Development
Regulations, is hereby amended to read as follows:
Sec. 142-185. Development regulations.
The development regulations in the RM-PRD multifamily, planned residential
development district are as follows:
(1) Maximum floor area ratio is 1.6.
(2) Minimum lot area is ten acres.
(3) Minimum lot width is not applicable.
(4) Minimum unit size for new construction is 750 square feet.
(5) Average unit size for new construction is no less than 1,000 square feet.
(6) Maximum building height is 120 feet.
(7) Maximum number of stories is 13.
(8) Lots, plots, and parcels of land that were designated RM-PRD under this section on
October 1, 1989 (the "Parent Tract"), whether improved or unimproved or building site, a~
defined under the Land Development Regulations of the City Code, designated by number, lett~
or other description in a plat of a subdivision, may be further divided or split under this section,
as long as all development on the Parent Tract collectively is in compliance with this section.
Such division or split shall be considered to be in compliance with the regulations of this
subdivision, and shall not be reviewed under Miami Beach l.and Development Regulation~
Section 118, Article VII. Development under this section shall be subject to review under thc
design review procedures pursuant to Chapter 118, Article VI of this Code. The design review
board, in reviewing projects proposed for this district, shall take into consideration the contextual
relationship of existing and approved projects, and the buildout of the remainder of the district.
This section shall be retroactive to include all parcels and buildings existing as of March 18,
2003.
SECTION 2. REPEALER. 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. CODIFICATION. It is the intention of the City Commission that this
Ordinance be entered into the Code, and it is hereby ordained that the sections of this Ordinance
may be renumbered or relettered to accomplish such intention; and that the word "ordinance"
may be changed to "section" or other appropriate word.
SECTION 5.
adoption.
PASSED and ADOPTED this __
ATTEST:
CITY CLERK
EFFECTIVE DATE.
This ordinance shall take effect ten days after
,2003.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
CITY ATTORNEY ~
DATE
F:XattoXHELGXOrdinances~Fisher IslandXRm-prd ordinance new. DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
lAn Ordinance of the Mayor and City Commission amending Section 142-185, RM-PRD Multifamily,
Planned Development zoning district in order to clarify the average unit size for new construction and
allowing the subdivision of land as long as the parent parcel remains in compliance with the Land
Development Regulations for the district.
Issue:
Should the City Commission consider amending the Land Development Regulations for the RM-PRD
zoning district as it relates to the clarification of lot splits within the parent parcel?
Item Summary/Recommendation:
Clarify the average unit size for new construction and allowing the subdivision of land as long as the parent
parcel remains in compliance with the Land Development Regulations for the district.
The Administration recommends that the City Commission approve the ordinance.
Advisory Board Recommendation:
Planning Board - on December 3, 2002 voted 4-0 (three members absent) to recommend to the City
Commission approval of the proposed ordinance.
Financial Information:
Funds:
Finance Dept. To~!
City Clerk's Office Legislative Tracking:
I Mercy Lamazares/Jorge G. Gomez, Planning Department
n-Offs:
T:~AGENDA~2003~rnar1903\regular~1577 RM-PRD 2nd rdg sum 3-19-03.doc
DATE
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 · ~
www.d.miami-beach.fl.us
To:
From:
Subject:
COMMISSION MEMORANDUM
Date: March 19, 2003
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez
City Manager
Second Reading Public Hearing
Amendment to RM-PRD land development regulations as it relates to the subdivision
of land within the district.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS,"
SUBDIVISION III, "RM-PRD MULTIFAMILY, PLANNED DEVELOPMENT
DISTRICT," SECTION '142-'185, CLARIFYING THE AVERAGE UNIT SIZE
FOR NEW CONSTRUCTION IS A MINIMUM OF 1,000 SQ. FT., ALLOWING
THE SUBDIVISION OF LAND WITHIN SUCH DISTRICT, AS LONG AS
THE PARENT PARCEL REMAINS IN COMPLIANCE WITH THE LAND
DEVELOPMENT REGULATIONS OF THAT SECTION, AND PROVIDING
THAT ALL DEVELOPMENT WITHIN THE DISTRICT IS SUBJECT TO
DESIGN REVIEW PROCEDURES, PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends adoption of the ordinance.
BACKGROUND
At the June 19, 2002 City Commission meeting, pursuant to a Commissioner's sponsored
request, the Commission referred this matter to the Land Use and Development
Committee (LUDC). At its meeting of July 8, 2002, the LUDC discussed the proposed
ordinance and moved to recommend to the Commission referral of the proposed ordinance
to the Planning Board for consideration without any endorsement or rejection of the
amendment.
This item was first presented to the Planning Board at the August 27, 2002 meeting,
however, due to a lack of quorum, it was placed on the September 24, 2002 agenda for
consideration. At the September 24, 2002 meeting, this proposed amendment was
continued to the October meeting with a recommendation that the language be revised in
order to clarify "parent tract" and the minimum size of the aggregate of the platted lots.
Commission Memorandum
RM-PRD ordinance
March 19, 2003
Page 2 of 3
At the October meeting, the review of the ordinance was continued to the December 3,
2002 meeting at the request of one of the interested parties.
ANALYSIS
The district purpose of the RM-PRD zoning district indicates it is designed for new
construction of Iow intensity multiple-family planned residential development. The
developmental regulations that govern the RM-PRD district, as well as the review
procedures of the Land Development Regulations, adequately provide for the planned
residential development of such district, notwithstanding multiple phases or ownership of
portions of the 10+ acre parcels. However, the existing regulations for RM-PRD do not
expressly provide for a new development parcel of less than ten acres to be created within
this district from an original parcel of more than ten acres.
What this proposed ordinance is intending to accomplish is to incorporate a similar
provision allowing planned developments to be excluded from the Division of Land/Lot Split
requirements of Chapter 118, Article VII, as found in the RM-PRD-2 zoning district. This
proposal would allow parcels to be further divided or split as long as the new development
parcel is planned consistent with the development regulations applicable to the original or
parent parcel of ten acres or more subject to review under the design review procedures.
PLANNING BOARD ACTION
The Planning Board at its December 3, 2002 meeting, voted to recommend (4-0, 3
members absent) approval of the ordinance by the City Commission.
CITY COMMISSION ACTION
At the January 8, 2003 meeting, the Commission approved on first reading the proposed
ordinance, and set a second reading public hearing for the February 5, 2003 meeting. The
Commission also requested that a courtesy mailed notice be given to the neighboring
condominium association and its legal counsel. Following this request, the Administration
mailed courtesy notices to homeowner's and condominium associations within City
jurisdiction and to those outside the City limits within Fisher Island.
At the February 5, 2003 meeting, at the request of the attorneys representing diverging
interests in this matter, the Commission continued this item to the February 26, 2003
meeting. The Administration again mailed courtesy notices to homeowner's and
condominium associations within City jurisdiction and to those outside the City limits within
Fisher Island.
At the February 26, 2003 meeting, the Commission continued this item to the March 19,
2003 meeting.
Commission Memorandum
RM-PRD ordinance
March 19, 2003
Page 3 of 3
CONCLUSION
Pursuant to Sec. 118-164(3)a. of the City Code, since the proposed ordinance does not
change the actual list of permitted, conditional or prohibited uses in a zoning category, the
ordinance may be read by title or in full on a least two separate days. At least ten days
prior to adoption, the ordinance shall be published in the newspaper. Immediately
following the public hearing at the second reading, the City Commission may adopt the
ordinance b~ths vote.
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