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RESOLUTION 92-20654 RESOLUTION NO. 92-20654 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING PUBLIC HEARINGS TO CONSIDER AN ORDINANCE AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING THE DEVELOPMENT REGULATIONS FOR THE RM-3, RESIDENTIAL MULTI FAMILY, HIGH INTENSITY DISTRICT, RM-2, RESIDENTIAL MULTI FAMILY MEDIUM INTENSITY DISTRICT AND RM-1, RESIDENTIAL MULTI FAMILY, LOW INTENSITY DISTRICT AS SET FORTH IN SUBSECTIONS 6-2, 6-3 AND 6-4 OF THE ZONING ORDINANCE BY IMPOSING A FORTY (40) FOOT HEIGHT LIMITATION ON STRUCTURES LOCATED WITHIN 300 FEET OF A PROPERTY IN A SINGLE FAMILY DISTRICT; 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: WHEREAS, the City' s Planning, Design and Historic Preservation Division has recommended that the development regulations for the RM-3 , Residential Multi family, High Intensity District, RM-2 , Residential Multi family, Medium Intensity District and RM-1, Residential Multi family, Low Intensity District as set forth in Subsections 6-2 , 6-3 and 6-4 of Comprehensive Zoning Ordinance No. 89-2665 be amended by imposing a forty (40) foot height limitation on structures located within 300 feet of a property in a single family district; and WHEREAS, on October 20, 1992 the City' s Planning Board held a public hearing to consider the aforestated proposed amendment and voted 5-0 to recommend that the City Commission defer the matter for further study; and WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89- 2665, the proposed amendment must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that public hearings to consider an ordinance setting forth the aforementioned amendment to the Comprehensive Zoning Ordinance are 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, the first 1 to be held on December 9, 1992 beginning at 2 : 02 P.M. , and the second to be held, tentatively, on December 23 , 1992 at 2 : 02 P.M. ; and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 4th day of November , 1992. t(:)---___„„/— 114 / I ATTEST: ► • Y*R -Teq/Lc1/41,44 CITY CLERK SWS:scf:diskl\compamnd.res FORM APPROVED LEGAL DEPT. By J C Date 59r5 Io-3o-42 2 CITY OF MIAMI BEACHer_D 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. (,070 -92- DATE: 70 -IZDATE: Nov. 4 , 1992 TO: Mayor Seymour Gelber and Members of the City Commission FROM: Roger M. Canto City Manager SUBJECT: SET PUBLIC HEARING- AMENDMENT TO ZONING ORDINANCE 89-2665 RELATIVE TO AMENDING THE RM-1, RESIDENTIAL MULTI-FAMILY LOW INTENSITY DISTRICT; RM-2, RESIDENTIAL MULTI-FAMILY MEDIUM INTENSITY; RM-3, RESIDENTIAL MULTI-FAMILY HIGH INTENSITY; WITH REGARD TO MAXIMUM BUILDING HEIGHT ADMINISTRATION RECOMMENDATION The Administration recommends that the proposed amendment to Zoning Ordinance 89-2665 which would limit the .height of that portion of a structure in the RM-1, RM-2 and RM-3 Districts within 300 feet of a property in a single family zoning district, be set for a public hearing at a special meeting of the City Commission on December 9, 1992 at 2 : 03 p.m. This amendment was originally precipitated by the Planning Board' s previous actions relative to the Sunset Harbour site on Purdy Avenue and 20th Street. It is appropriate that a hearing on this matter be held on the same day as the hearings scheduled to consider the amendments on the Future Land Use Map and Zoning district classification of the Sunset Harbour Site. BACKGROUND The Request The City Administration, through the Miami Beach Planning Board, is requesting that an amendment to the Zoning Ordinance be considered, which would place a height restriction on sites located in the RM-i, RM-2 and RM-3 Districts. The sites affected would be those within 300 feet of a property located within a Single Family District. History On March 9 , 1992 , the Planning Board passed a motion to re-zone a portion of the Sunset Harbour (Miami Beach Yacht Club) site from RM-3 to RM-1. Included in that motion was a provision that the RM- 1 District regulations be amended to include a height restriction. It was noted that the RM-1 District in the Architectural District has a height limitation of 40 feet and that this should be the height restriction for the amended RM-1 District. The major expressed concern was the proximity of the high-rise multi-family district to a low-rise single family district, and the fact that a waterway that is 100 ' wide may not be an adequate 53visual buffer between the two uses. AGENDA _ F ITEM DATE l l 7- On April 21, 1992 the Planning Board approved an amendment to the Zoning Ordinance restricting the height of developments in the RM-1 District that are adjacent to a waterway and within 200 feet of a single family district. This would ensure that those multi-family sites on canals, across from single family homes, would be limited to a maximum height of 40 feet. The Planning Board at that time and at subsequent workshop meetings expressed the possibility of expanding this restriction to all sites in the RM Districts that are adjacent to a single family district regardless of its location on a waterway. Conceptually, the same rationale should apply to all such situations since it is the juxtaposition of height which is the real issue. Planning Staff Review Staff has reviewed the proposed expansion areas as shown on the attached maps and has determined the following: - The height restriction should apply to all multi-family districts adjacent to single family districts. - The distance separation should be measured from the property line of a single family property, not the district boundary line. In certain cases the district boundary line runs down the center of waterways, making it difficult to determine the distance separation. - The sites affected should be within 300 feet of a single family property. The prior amendment stated a separation of 200 feet as measured from the District line. By measuring from the property line a longer distance is required to cover the same area. - Only that portion of a structure within 300 feet of a single family property is affected, not the entire development site. - The height restriction should be 40 feet. This coincides with the existing height restriction for the multi-family district in the Architectural District. The proposed amendment to the Zoning Ordinance adds language to Sections 6-2 , 6-3 and 6-4 restricting the maximum height of any portion of a structure within 300 feet of a property located within a Single Family District to 40 feet. The attached map delineates which areas would be affected by this amendment. Planning Staff Recommendation The proposed amendment has been discussed at length with the City consultant on the Comprehensive Plan (Robert K. Swarthout) and he has affirmed these amendments are consistent with his recommendations to ensure adequate air and light in adjoining residential zones. Accordingly, Planning staff has recommended approval of this proposed amendment to Zoning Ordinance 89-2665. Planning Board Recommendation The Planning Board at its special meeting of October 20 , 1992 , held a hearing on this matter. The Board expressed some concern that it was uncertain as to how the proposed height limit amendment might affect the conforming status of existing buildings located in multi-family districts within a 300 ' radius of single family residential zoned properties. The Board asked staff to provide additional information at its next meeting (November 24 „ 1992) ; accordingly, it voted to recommend to the City Commission that the decision on the amendment be deferred until further study is completed. - 2 - 54 • CONCLUSION It is anticipated that the Planning Board will have the requested additional information at its November 24, 1992 meeting. Although the Board has requested a deferral of a decision, the administration is confident that additional information on the impact of the proposed amendment will be available to the Planning Board by that date and that the same will also be available to the City Commission. Accordingly, the Administration believes it to be appropriate to proceed in setting a time certain public hearing, at a special meeting of the City Commission, for December 9, 1992 on this matter. DJG:JGG:ml attachment Commisn\1106Bcom. 92 - 3 - 55 RESOLUTION NO. 92-20654 Calling public hearings to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665, amending the development regulations for the RM-3, residential multi family, high intensity district, RM-2, residential multi family medium intensity district and RM-1, residential multi family, low intensity district as set forth in subsections 6-2, 6-3 and 6-4 of the zoning ordinance by imposing a forty (40) foot height limitation on structures located within 300 feet of a property in a single family district.