RESOLUTION 92-20424 RESOLUTION NO. 92-20424
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 ON THE FOLLOWING
AMENDMENTS TO ZONING ORDINANCE NO. 89-2665: AMENDING
SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS,"
AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL HIGH
INTENSITY" BY CLARIFYING REHABILITATION STANDARDS ALLOWING
FOR RETAIL/OFFICE AREAS FOR CERTAIN OCEANFRONT PROPERTIES;
PROVIDING THAT OCEANFRONT PROPERTIES IN THE ARCHITECTURAL
DISTRICT MAY HAVE RETAIL/OFFICE AREAS ONLY IF THEY CONFORM
TO STANDARDS SET BY THE SECRETARY OF THE INTERIOR AND BY
AMENDING THE REGULATIONS FOR CERTAIN USES WHEN LOCATED ON
THAT PORTION OF LINCOLN ROAD THAT IS CLOSED TO TRAFFIC;
AMENDING SECTION 9,ENTITLED"SIGNS,"AMENDING SUBSECTION 9-3,
ENTITLED"SIGNS AND SIGN DEVICES PROHIBITED"BY AMENDING THE
PROCEDURES FOR THE REMOVAL OF SIGNS ON PUBLIC PROPERTY;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;PROVIDING
FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, THAT,
WHEREAS, the Planning Board of the City of Miami Beach held a public hearing on
September 24, 1991 and continued the meeting on October 3, 1991 and voted unanimously (6-0)
to recommend in favor of amendments to Zoning Ordinance 89-2665; and,
WHEREAS, said action of the Planning Board has been duly transmitted to the City
Commission pursuant to Section 14, entitled "Changes and Amendments" of Zoning Ordinance
No. 89-2665, and Section 14 requires that a public hearing be held by the City Commission to
hear the Planning Board's recommendation; and,
WHEREAS, the City Commissioi1 on Octob r 9, 1991 voted on first reading to approve
these amendments; and,
WHEREAS, the City Commission met again on October 23, 1991, and voted on second
reading to defer a decision on Sub-sections 6-8 and 9-3,specifically relating to the amendments
in those sections dealing with the regulations for certain uses on that part of Lincoln Road
closed to traffic and procedures for the removal of signs from public property; and,
WHEREAS,these amendments to Zoning Ordinance 89-2665 involve policy issues which
must be addressed.
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
aforementioned amendments to the Zoning Ordinance is hereby c. led to be held before the
City Commission in its chambers on he Third Floor of City Hal 1700 Convention Center
Drive, f 5
Miami Beach,Florida,Febru. , 1992,beginnin .t 4:00 p.m.
and the City Clerk is hereby auth• zed and directed to publish a iropriate Public Notice of
the said Public Hearing in a new:p.per of general circulation of th- City of Miami Beach, at
which time and place all intere e• parties will be heard.
PASSED and ADOPT 'D h': day J nuary, 192.
MAYOR
ATTEST:
.C/(kc‘AC2A,
CITY CLERK
DJG:jm �
RM APPROVED
commisn\18Lincres.91 LEGAL DEPT.
wPY
Date -2
C (1)1ITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7782
COMMISSION MEMORANDUM NO. c-,2_9L2,
JANUARY 8, 1992
DATE:
TO: Mayor Seymour Gelber and
Members of the City Commission
-4t )
FROM: Carla bernabei Talarico
City Manager
SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665, SUB-SECTIONS
6-8 AND 9-3/TECHNICAL AMENDMENTS III-B
THE REQUEST
On September 24 and October 3, 1991 the Planning Board held a public hearing on a package
of amendments to Zoning Ordinance 89-2665, otherwise known as Technical Amendments III.
The Board voted to recommend approval of most of this amendment package, including those
amendments to Sub-Section 6-8 and 9-3 of the Ordinance. Said action was duly transmitted to
the Commission which then scheduled a public hearing on October 9, 1991 to hear the Planning
Board's recommendation. After this first reading, the Commission voted to approve the
amendments to the Ordinance.
At the City Commission's second reading of this matter,held on October 23, 1991,the Technical
Amendments III package was approved; however, the Commission also voted to defer a vote on
the amendments to Sub-Sections 6-8 and 9-3 with the stated reason that further consideration
and deliberation was required. It was understood that the amendments to these two Sub-
sections would necessarily be reviewed and voted upon by the new incoming Commission.
BACKGROUND AND EXPLANATION
These amendments are part of a larger package which was prepared for the City
Administration by the Planning and Zoning Department. These amendments are seen as
necessary to clarify issues,correct errors and refine ordinance language so that it is in keeping
with the evolving development goals and objectives of the City.
Under Sub-Section 6-8A.2, the permissibility of oceanfront properties to have retail and/or
office areas has been clarified to read, as it was originally intended, and as it relates
specifically to the Architectural District;in these instances,the building must be rehabilitated
according to the U.S.Secretary of the Interior Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures. As per other sections of the Ordinance, retail and office
uses are permitted in oceanfront properties without this rehabilitation requirement.
Under the same Sub-Section, new language is being recommended which would permit offices
on the ground floor of buildings located on the closed portion of Lincoln Road, as long as they
are situated 75 feet back from the storefront. This amendment would allow ground floor space
which has long been vacant to be used for offices, without impacting on the retail character
of Lincoln Road itself; retail spaces would still be required for the front 75 feet depth of all
buildings.
Under Sub-Section 6-8A.3. a new reference is provided for conditional uses in terms of
development restrictions on Lincoln Road requiring compliance with a new Sub-Section 6-8A.5.
This new subsection requires that all apartments,apartment/hotels,hotels and conditional uses
located on that portion of Lincoln Road closed to traffic limit their entrances and lobbies to
only 20% of their total street frontage; the balance of frontage must consist solely of
commercial (retail) uses.
01 M �
AGENDA •
ITEM C
DAT E — i�iL
Under Sub-Section 6-8B.2.there is a correction to the reference which has been changed to read
"See Section 6-24," rather than Section 6-23.
Under Sub-Section 9-3.D., language is recommended to be deleted and new wording added
which amends the process wherein the City may remove a sign illegally erected or placed on
public property by doing so without prior notice; this Sub-Section continues to allow for the
owner to recover such a sign by paying for the removal cost. This amendment will allow the
City to deal effectively and quickly with illegal signs (primarily sandwich board signs) that
are proliferating throughout Miami Beach. The procedure which is now in place has been
found to be too cumbersome and, consequently, ineffective.
ADMINISTRATION RECOMMENDATION
Based on the foregoing, the Administration recommends that the City Commission schedule a
public hearing to amend Zoning Ordinance 89-2665.
CBT:DJG:jm
commisn\181inc.91
' 2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY:
1. AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS,"
AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL HIGH INTENSITY" BY
CLARIFYING REHABILITATION STANDARDS ALLOWING FOR RETAIL/OFFICE AREAS
FOR CERTAIN OCEANFRONT PROPERTIES; PROVIDING THAT OCEANFRONT
PROPERTIES IN THE ARCHITECTURAL DISTRICTS MAY HAVE RETAIL/OFFICE
AREAS ONLY IF THEY CONFORM TO STANDARDS SET BY THE SECRETARY OF THE
INTERIOR AND BY AMENDING THE REGULATIONS FOR CERTAIN USES WHEN
LOCATED ON THAT PORTION OF LINCOLN ROAD THAT IS CLOSED TO TRAFFIC;
2. AMENDING SECTION 9, ENTITLED "SIGNS," AMENDING SUBSECTION 9-3,
ENTITLED "SIGNS AND SIGN DEVICES PROHIBITED" BY AMENDING THE
PROCEDURES FOR THE REMOVAL OF SIGNS ON PUBLIC PROPERTY;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the revisions setforth herein are deemed necessary to clarify certain provisions,
relating to retail/office areas on oceanfront properties in the CD-3 District and to improve
procedures for removal of signs placed on public property without building permits; and
WHEREAS, these revisions will encourage rehabilitation and use of properties which are
currently not being fully utilized as well as preserving the integrity of the Architectural
District; and
WHEREAS, the City of Miami Beach Planning and Zoning Department has recommended the
revisions to the City's Comprehensive Zoning Ordinance contained herein; and
WHEREAS, the City's Planning Board has also recommended that the City Commission pass
these amendments to the Zoning Ordinance; and
WHEREAS, the City Commission believes that the amendments contained herein are necessary
to the health and welfare of the citizens of the City of Miami Beach, Florida.
1 •
03
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
= new language
deleted language
SECTION 1. That Subsection 6-8, entitled "CD-3 Commercial, High Intensity", of Section 6,
entitled "Schedule of District Regulations", of Zoning Ordinance No. 89-2665 is hereby
amended as follows:
6-8 CD-3 COMMERCIAL. HIUH INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses
This district is designed to Commercial Uses;Apartments; Adult Congregate Living See Section 6-21.
accommodate a highly Apartment/Hotels;Hotels. Facilities;Nursing Homes;
concentrated business core in Oceanfront properties 010* religious Institution;public
which activities serving thecct: :otal,: ic: shall not and private Institutions;
entire City are located. be permitted to have retail Schools.
and/or office areas unless the iwyi*****04-:".i;•iwgigikoko.ii
astiro Building is rehabilitated ttttmcaln Road that i dosed
according tct~if4 $e8:a1
coma with Sec 64
a
the U.S.
Secretary of the Interior
Standards fur Rehabilitation
and Guidelines for
Rehabilitating Historic
Structures. Offices are
prohibited on the ground floor
on that portion of Lincoln Road
..............
which is closed to traffics lo [
l sea ;or ai leas : :.
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k art is it t/Hated
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B. Development Regulations
Lot Area Lot Area Lot Area Lot Area Lot Area Lot Area
equal to or between between 37,500 between between 60,000 greater than
less than 22,600 and and 44,999 45,000 and and 74,999 75,000 sq.ft.
22,499 sq.ft. 37,499 sq.ft. sq.ft. 59,999 sq.ft. sq.ft.
1. Base FAR 1.25 2.00 2.75 3.50 4.25 5.00
2. Maximum FAR 2.25 3.00 3.75 4.50 5.25 8.00
with bonuses
(See Sec.
6-$23)
-
2 •
04
SECTION 2. That Subsection 9-3, entitled "Signs And Sign Devices Prohibited" of Section 9,
entitled "Signs", Zoning Ordinance No. 89-2665 is hereby amended as follows:
9-3 SIGNS AND SIGN DEVICES PROHIBITED.
D. When a Sign fcgooliolii:§010040491a8-43een-efeeteit on public property and
without a Building Permit,t oi:ggt i o:... ...
.
• - - - - - - - - • - - . • 444444.04144-4-434y6-44-441-6
. . . • •: • . • - - -- - . :
Fe ' . The owner may recover the Sign by paying the
removal costs within sixty (60) days of the ' ' removal. If
the Sign is not recovered by the owner within sixty (60) days, then it shall be
considered abandoned property in the hands of the City and shall be disposed
of as permitted by law.
SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the
City Commission, and it is hereby ordained that the provisions of this ordinance shall become
and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effec on the day
of , 1991.
PASSED and ADOPTED this day of
1991.
MAYOR
ATTEST:
CITY CLERK
DJG/JGG
A:\amend\LR-SIGN.91
FORM APPROVED
LEGAL DEPT.
By 5�
,c44.41Date
3
0S
•
ORIGINAL
RESOLUTION 92-20424
Call a public hearing to consider a
recommendation of the Planning Board on
the following amendments to Zoning
Ordinance No. 89-2665: Amending §6,
entitled "Schedule of District Regulations,