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RESOLUTION 89-19692 RESOLUTION NO. 89-19692 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,CALLING A PUBLIC HEARING TO CONSIDER A RECOMMENDATION OF THE PLANNING BOARD TO REPEAL THE CITY'S ZONING ORDINANCE NO. 1891 AND TO ADOPT A NEW ZONING ORDINANCE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, THAT, WHEREAS, on January 21, 1988, the City Commission organized and appointed a Zoning Ordinance Review Committee, whose purpose it was to prepare a new Zoning Ordinance for the City of Miami Beach; and WHEREAS, the Zoning Ordinance Review Committee held seventeen (17) full Committee meetings and sixty-eight (68) Subcommittee meetings to prepare said Ordinance; and WHEREAS, on June 7, 1989, the City Commission received the proposed Zoning Ordinance prepared by the Zoning Ordinance Review Committee and forwarded it to the Planning Board for purposes of initiating the adoption process; and WHEREAS, on June 12, 19, and 27, 1989, the Planning Board held public workshops on the proposed Ordinance; and WHEREAS, on July 6, 1989, the Planning Board held a public hearing and recommended (by a vote of 5 to 2) that the City Commission repeal Zoning Ordinance No. 1891 and approve the proposed Ordinance as amended by the Planning Board. NOW, THEREFORE BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing for consideration of the repeal of Zoning Ordinance 1891 and the adoption of a new City of Miami Beach Zoning Ordinance is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, beginning at 6:00 p.m. on the 7th day of September , 1989, and the City Clerk is hereby authorized and directed to publish in a newspaper of general circulation of the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 26th day of July , 1989 • YO' ATTEST: 6;ae---71t r4'' CITY CLERK RWP:JK:ibm a:zoreso FORM AFPRGVEO LEG L OEPAi , ENT BY: . r i n 47_23 t_f_et urt I ee Nee:tote - FLORIDA 3 3 1 3 9 d. Rr '..�i 4 (*I,INCOR ORATED* "VACA TI(SNLAND U. S. A. " ''.: _p .-4,1 OFFICE OF THE CITY MANAGER CITY HALL ROB W.PARKINS 1700 CONVENTION CENTER DRIVE CITY MANAGER TELEPHONE: 673-7010 COMMISSION MEMORANDUM NO. i DATE: JULY 26, 1989 TO: Mayor Alex Daoud - - . Members of th• " Ity Commi .io FROM: -...Rob W. Pa kins /f1' , City Manag: Ai/0/11W •y SUBJECT: PLANNING BO 'RD RECOMMENDATION: TO REQUEST THE CITY COMMISSION SCHEDULE PUBLIC HEARING DATES PERTAINING TO THE ADOPTION OF THE ZONING ORDINANCE ZONING ORDINANCE REVIEW COMMITTEE On January 21, 1988, the City Commission organized and appointed members to the Zoning Ordinance Review Committee. The purpose of this Committee was to evaluate the current Ordinance and, if appropriate, to prepare a new Ordinance that would direct the future development of the City. In order to accomplish this task, the Committee organized itself into five subcommittees. These subcommittees and their functions are as outlined below. 1. Administrative Subcommittee - This Subcommittee reviewed .. the Boards which affect planning (Board of Adjustment, Planning Board, Design Review Board and Historic Preservation Board) . The Subcommittee developed a more efficient organization of the Boards and a review process . that expedited the issuance of Building Permits. Members of the Subcommittee included Lester Goldstein as - Chairman, Harold Rosen, Ira Elegant, Ron Molko and Joe Fleming. .2 . Development Subcommittee - This Subcommittee prepared alternative conceptual approaches 'towards the development t - of lard_. The . Subcommittee developed the . concept of a Floor Area Ratio based Ordinance, a generic listing of permitted and accessory uses and alternative parking solutions. Members of the Subcommittee included Lucia Dougherty and John Forte as Co-Chairmen, Denis Russ and Saul Gross. 3 . Architectural Subcommittee - This Subcommittee prepared regulations pertaining to Floor Area Ratio, parking, setbacks, permitted and accessory use regulations. Members of the Subcommittee included Ron Molko as Chairman, John Hinson and John Forte. The Subcommittee was assisted by architects, Robert Chisolm, Stuart Cohen, Mark Frankel, Randy Sender and Jaime Shapiro who, although not members of ZORC, generously volunteered their time. 4 . Hospital Subcommittee - This Subcommittee prepared the Hospital District Regulations. Members included Lester Goldstein as Chairman and Denis Russ, Saul Gross and Ron Molko. 4-4 AGENDA , ITEM R- C(- C DATE ?-76 5. Legal Subcommittee - This Subcommittee reviewed questions pertaining to legal issues. Members included Lester Goldstein as Chairman and Ira Elegant, Harold Rosen and Joe Fleming. 6. Ordinance Adoption Review Committee - The purpose of this Subcommittee was to monitor the adoption review process and to attend the meetings of the Planning Board and City Commission for purposes of explaining the Ordinance and advocating its adoption. Members included Lester Goldstein, John Forte, John Hinson, Denis Russ and Joe Fleming. To date, there have been 17 meetings of the full Committee and 68 Subcommittee meetings. On June 1, 1989, the Zoning Ordinance Review Committee held a public hearing for the purpose of soliciting input from the public pertaining to the Proposed Zoning Ordinance and Official Zoning Map. Following the public hearing, ZORC recommended that the City Commission forward the Ordinance and Map for approval by the Planning Board. On June 7, 1989 the City Commission forwarded the Ordinance to the Planning Board for purposes of initiating the legislative process. PLANNING BOARD ACTION As part of the legislative and review process, the Planning Board scheduled three public workshops on June 12 , 19 and 27, 1989 . During the workshops, the Board discussed a number of technical changes to the Ordinance that was recommended by ZORC. This Ordinance includes the Planning Board and the Zoning Ordinance Review Committee recommendations. It was delivered to the Commission on July 21 and copies are available in the City Clerk' s office and the Planning and Zoning Department. The original text, prepared by the Zoning Ordinance Review Committee, which was deleted by the Planning Board, has been crossed out. Changes which the Planning Board recommended are shaded. The Zoning Ordinance Review Committee will review the Planning Board recommendations in late August. The only significant changes relate to the composition of the Planning Board and the Par 3 ' Golf Course. It was recommended by ZORC that the Planning Board be composed of members of the Board of Adjustment. The Planning Board recommended it remain the same. The changes to the Zoning Map pertaining to the Par 3 Golf. Course are listed in this memorandum under the General Summary of the Ordinance item No. 8. On July 6, 1989 the Planning Board held a public hearing. Following the hearing, the Board recommended (5-2) 'that the City Commission approve the Ordinance as amended by the Planning Board. The two members in opposition to the Ordinance were Neisen Kasdin and Joy Alschuler. They recommended against the Ordinance for the following reasons: 1. It ioes not encourage the preservation of historic buildings which are not in locally designated historic districts. The Ordinance does not include additional property in locally designated districts such as the Museum District or all of the Architectural District. The Ordinance allows the introduction of commercial uses into historic buildings without providing for a way to stop the demolition of other historic buildings (Museum District proposed zoning to MXE Mixed Use Entertainment District) . 2 . It allows for too much development without adequate safeguards for setbacks and open space, 3 . It fails to insure a balance between properties that were up zoned without down zoning of other properties, 1S 4 . The Floor Area Ratio regulations in the CD-3 and RM-3 Districts will allow for excessive development, and; 5. Issues relating to potential uses and preservation of open space on the Par 3 Golf Course requires further study prior to designating the property as a Townhome District should the Commission declare this property as surplus. On July 25, 1989 the Board will consider a proposal relating to the transfer of floor area from one parcel to another. The Administration will advise the City Commission of the Board' s recommendation at this Commission meeting. GENERAL SUMMARY OF THE ORDINANCE The attached outline summarizes the proposed Ordinance. The highlights are listed below: 1. The Ordinance provides for zoning districts which are primarily differentiated from one another by the base and maximum Floor Area Ratio (FAR) . Increases above the base FAR are achieved through lot assemblage and design amenities. The high intensity districts (RM-3 and CD-3) provide for an additional bonus pertaining to the average apartment unit size. 2 . There are specific regulations that apply towards hotel development. These are designed to encourage hotel construction and the substantial rehabilitation of existing buildings. Unit sizes have been reduced from 400 sq. ft. to 335 sq. ft. (15% of total) and 335 sq. ft. for the balance of the units. Also, in order to respond to current market trends, suite hotels (kitchens) are allowed based upon certain performance criteria. 3 . There are minimum and average apartment unit sizes. For rehabilitation projects, 400 sq. ft. is the minimum size with an average of 550 sq. ft. For new construction, the minimum size is 550 sq. ft. with an average size of 800 sq. ft. The purpose of this regulation is to provide for an inventory of units that meet the City' s objectives of providing a broader mix of available units to meet market demands. • • 4. Land Uses are divided into Permitted, Conditional and . • Accessory Uses. The permitted used . are listed ,in a generic manner� (i.e. . apartment, hotel retail, office) Accessory Uses - are allowed on a: basis on what is customarily associated with the main permitted use. This approach provides for an Ordinance that is extremely flexible in allowing for innovative uses that are compatible with the purpose of the zoning district in which the use is located. Conditional uses are limited to those uses teat require approval after a Planning Board public hearing. The process was selected to insure that such uses are consistent with neighborhood uses and would not negatively impact the neighborhood. Conditional uses include ACLFs, nursing homes, day nurseries, places of worship and parking lots in multiple family districts. 5. Rehabilitation of historic buildings are encouraged by allowing non-conforming buildings to be substantially renovated. The policy of discouraging the substantial rehabilitation structures in the Redevelopment Area is maintained as the preferred development strategy to encourage new construction and lot coverage. In order to improve the financial feasibility of renovating structures, the Ordinance permits commercial uses (retail, eating/drinking) as an accessory use to apartment and hotel buildings. 1.6 6. In order to encourage the private sector to provide additional parking facilities throughout the City, the Ordinance includes new concepts as shared parking, under utilized parking and surplus parking. A parking impact fee system is included in the Ordinance which allows for the payment of a fee in lieu of actually providing the parking. For the first time, commercial and non- commercial lots may be located in multiple family districts as a Conditional Use. The purpose of the Conditional Use Review is to insure that the operation of the lot will not disrupt the quality of life in the adjoining apartment buildings. 7 . In order to expedite the review process, three of the four Boards which effect planning and zoning issues have been reorganized as follows: A. Planning Board - Same composition as the Board of Adjustment, but will be maintained as a separate Board. This procedure is currently used with the Board of Adjustment as they also serve as the Property Maintenance Appeals Board and when the City Commission sits as the Redevelopment Agency. The Planning Board will continue to hear Conditional Uses which are limited to ACLF's, Nursing Home, Day Nurseries, Religious Institutions and amendments to the Zoning Ordinance and Comprehensive Plan. Other Conditional Uses that relate to design issues, were shifted to the Design Review Board. B. Design Review Board - maintain 7 member Board; but, reorganized categories to better respond to the needs of the community. C. Historic Preservation Board - reduce the membership from 11 to 9 members in order to provide for a more efficient operation of the Board. Maintain the provision that three members of the Board will serve with the Design Review Board when a project requires both Board • approvals. D. Board of Adjustment - it was not recommended to change the composition or powers and duties of the Board as it functions .efficiently. There had been a recommendation to add an ; : alternative and to •change the term :of office, :however, after review by the Board of.. Adjustment, the ZORC Adoption Review Subcommittee withdrew this proposal . 8. The Zoning Map includes two provisions that address the Par 3 Golf Course. The first is in accordance with the Option Agreement with the Hebrew Academy. It provides for that portion of the Par 3 Golf Course which will be conveyed to the Hebrew Academy to automatically be rezoned to a RM-1 District which allows for schools as a Conditional Use (all schools in the City are Conditional Uses) . The parcel the City will receive will be listed in a Government Use District when the City takes possession of the property . The second addresses the balance of the Par 3 Golf Course which will automatically be rezoned for townhomes if the City Commission declares the property as "surplus" . ADOPTION PROCESS The adoption of the proposed Zoning Ordinance is part of the planning for the City's Year 2000 Comprehensive Plan. As such, the proposed Future Land Use Map of the Comprehensive Plan and the Official Zoning Map are compatible. As setforth in State Statutes, 1.'7 the Zoning Ordinance is designed to implement the development regulations that are set forth in the Comprehensive Plan. ANALYSIS OF THE REQUEST BY OTHER BOARDS The Design Review Board, the Historic Preservation Board and the Zoning Board of Adjustment reviewed the Proposed Zoning Ordinance and Official Zoning Map and submitted comments which are attached to this report. These recommendations pertain to the Ordinance as proposed by the Zoning Ordinance Review Committee and not the Planning Board. ADMINISTRATIVE RECOMMENDATION The Administration recommends that the City Commission set public hearing dates in September for purposes of further considering the Planning Board and Zoning Ordinance Review Committee' s proposed Zoning Ordinance. It is recommended that the hearing be scheduled following the public hearing on the Comprehensive Plan (copies of the Comprehensive Plan and the Proposed Zoning Ordinance are available in the City Clerk' s Office and in the Planning and Zoning Department) . JK:GM:VAG:jm Attachments commisn\zo726 • • • 1.8 ORIGINAL RESOLUTION NO. 89-19692 Calling a public hearing to consider a recommendation of the Planning Board to repeal the City's Zoning Ordinance No. 1891 and to adopt a new Zoning Ordinance.