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RESOLUTION 92-20505 RESOLUTION 92-20505 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: AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL HIGH INTENSITY" BY CLARIFYING REHABILITATION STANDARDS FOR OCEANFRONT PROPERTIES TO ALLOW FOR RETAIL/OFFICE AREAS AND BY AMENDING THE REGULATIONS FOR CERTAIN USES WHEN LOCATED ON THAT PORTION OF LINCOLN ROAD THAT IS CLOSED TO TRAFFIC; 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 City Commission held a meeting on February 5, 1992 , and voted to defer a vote on amendments to Sub-section 6-8 of Zoning Ordinance No. 89-2665 and referred it back to the Planning Board; and WHEREAS, the Planning Board of the City of Miami Beach held a pubic hearing on April 21, 1992 and voted unanimously (7-0) to recommend in favor of said amendment to Zoning Ordinance 89-2665; and WHEREAS, said recommended amendments to Sub-section 6-8 would be in keeping with the evolving development goals and objectives of the City; 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. 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 amendment to the 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 on June 3 , 1992 , beginning at 4 : 15 P.M. and the City clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearing in a newspaper of general circulation of the City of Miami Beach, at which time and place all in rested parties will be heard. PASSED AND ADOPTED this 6th day of May, 192 . AP / Pr MAYOR ATTEST: 2... etir CITY CLERK FORM APPROVED commisn\res6-8 . 92 LEGAL DEPT. By .,,iiiiiddia„, 5:641„44,4>el Date • OF •CITY • n/1 � A n/1 IBEACH 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. 30 7-9Z DATE: May 6, 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Carlton CityManager Cc �t, 9 t..- ,.- SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665, SUB-SECTION 6-8/TECHNICAL AMENDMENTS III-C - SETTING OF PUBLIC HEARING ADMINISTRATIVE RECOMMENDATION The Administration recommends that the City Commission set a public hearing on these proposed amendments to Zoning Ordinance 89-2665, Subsection 6-8, in light of the recommendation for approval from the Planning Board. The Commission voted to defer this matter on February 5 with explicit instruction that it be brought back in three months for reconsideration. BACKGROUND 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 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-Section 6-8 with the stated reason that further consideration and deliberation was required. It was understood that the amendments to this Sub-Section would necessarily be reviewed and voted upon by the new incoming Commission. On February 5, 1992, the new City Commission held a public hearing on the proposed amendments to Sub-Section 6-8. The Commission voted to defer this item for three months and referred it back to the Planning Board for reconsideration since the statutory time for approval from the original date of approval recommendation had elapsed. The Commission also expressed a desire to hear form the Transition Team Committee on this issue during this intervening period.The Planning Board held a new public hearing on the proposed amendments on April 21, 1992 and voted 7-0 to recommend approval to the City Commission. ANALYSIS The following provides a brief analysis of the proposed amendments: 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 intended as it relates specifically to the National Register 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 RehabilitatingHistoric Structures as well as all other cited codes and standards. Properties p which would be affected by this amendment are those east of Collins Avenue, between 16th 1 AGENDA -. ITEM • DATE 9 z and 21st Streets. As per other sections of the Ordinance, retail and office uses outside the National Register Architectural District 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 back 75 feet 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 for proposed new 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. CONCLUSION These amendments are part of a larger package which was prepared for the City Administration by the Planning and Zoning Department. As such, they 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. The Administration concludes, therefore, that the amendments to the Zoning Ordinance are of benefit to the City and the approval process should proceed. RMC:DJG:jm commisn\6-8.92 . . 2 . 9 l'iC 1 is 11N E&L RESOLUTION NO. 92-20505 Calling a public hearing to consider a recommendation of the Planning Board on the following: Amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 6, "Schedule of District Regulations".