Ordinance 2020-4347 A..
Zoning Overlay for North Beach Private and Public Schools
District Overlay
ORDINANCE NO. 2020-4347
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER
142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," AT ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," TO ESTABLISH DIVISION 14, ENTITLED "NORTH
BEACH PRIVATE AND PUBLIC SCHOOL OVERLAY
DISTRICT," TO PROVIDE REGULATIONS FOR RENOVATIONS
AND ENHANCEMENTS TO SCHOOLS LOCATED WITHIN THE
BOUNDARIES OF THE DISTRICT; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City's land development regulations include regulations for permitted,
accessory, conditional, and prohibited uses in the City's RM-1 residential multifamily, low intensity
districts; and
WHEREAS, the City Commission desires to adopt regulations permitting physical
enhancements to existing schools in the RM-1 district in North Beach; and
WHEREAS, the City seeks to encourage the revitalization and redevelopment of existing
schools in order to address current and future educational requirements and strategies, and to
promote public safety; and
WHEREAS, the City seeks to ensure that the scale and massing of new development is
consistent with the low-scale, as-built context of existing residential neighborhoods; and
WHEREAS, the proposed overlay is necessary in order to incentivize reasonable school
development in North Beach.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article Ill. "Overlay Districts," Division
14. "North Beach Private and Public School District Overlay," is hereby created as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE III. —OVERLAY DISTRICTS
* * *
ACTIVE 49110757v4
DIVISION 14. - NORTH BEACH PRIVATE AND PUBLIC SCHOOL OVERLAY DISTRICT
Sec. 142-870.20. - Location and purpose.
(a) The overlay regulations in this division shall apply to all new and existing schools located in
that portion of the RM-1 Residential Multifamily Low Intensity zoning district which is bounded
on the north by the south side of 78th Street; on the east by the west side of Carlyle Avenue;
on the west by the east side of Tatum Waterway; and on the south by the north side of 75th
Street.
(b) In the event of a conflict between the overlay regulations in this division and the regulations
for the underlying RM-1 zoning district and/or North Beach National Register Conservation
District Overlay, these overlay regulations shall control.
(c) The purpose of this overlay district is to:
(1) Provide land-use regulations that encourage the retention and preservation of existing
public and private schools within the overlay;
(2) Promote enhancements to educational facilities for children that improve academic
offerings, campus security, vehicle circulation, parking, and student access; and
(3) Ensure that the scale and massing of new development is consistent with the established
context of the existing residential neighborhoods, and maintain the low-scale, as-built
character of the surrounding neighborhoods.
Sec. 142-870.21. - Development regulations and area requirements.
The following overlay regulations shall apply to the North Beach Private and Public School
District Overlay:
(a) The lot area, lot width, and lot aggregation requirements for properties zoned RM-1 within
the North Beach Private and Public School District Overlay district are as follows:
Minimum Minimum Maximum
Developable Lot Developable Lot Maximum Developable Lot Developable
Area (Square Feet) Width (Feet) Width (Feet) Aggregation (Platted
Lots)
Developments for schools Schools: up to nine
5,000 SF 50 feet have no maximum lot width (9) lots may be
restriction. aggregated.
(b) The height requirements for RM-1 properties within the North Beach Private and Public
School Overlay District are as follows:
(1) The maximum building height for new construction shall be 32 feet for the first 10
feet of building depth, as measured from the minimum required front setback, and a
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maximum of 60 feet for the remainder of the building depth when the building
includes a gymnasium; otherwise, the maximum building height shall be 45 feet.
(2) In the event that the existing building exceeds 32 feet in height that existing height
shall control.
(3) Elevator and stairwell bulkheads extending above the main roofline of a building
shall be required to meet the line-of-sight requirements set forth in section 142-1161,
unless waived by either the historic preservation board or design review board, as
may be applicable.
(c) Exterior building and lot standards.
j) There shall be no minimum or maximum yard elevation requirements or maximum
lot coverage requirements within the North Beach Private and Public School District
Overlay.
(d) The setback requirements for all buildings located in the RM-1 district within the North
Beach Private and Public School Overlay District are as follows:
Front Interior Side Street Rear
Side
Non-waterfront: Non-
10 Lot width of 60 feet or less: five feet. Lot width of 61 feet or Five waterfront
feet greater: 7.5 feet, or eight percent of lot width, whichever is feet lots:
greater. Five feet
(e) No additional setback requirements shall be imposed for landscaping.
(f) For development of school sites consisting of nine platted lots or fewer, there shall be no
specific restriction on the width of any new building.
(g) For development of school sites consisting of nine platted lots or fewer, there shall be no
minimum distance separation between buildings on a single site.
(h) For development of school sites, a courtyard or semi-public outdoor area shall not be
required.
(i) Notwithstanding the provisions in section 142-1132, within the required front yard, rear
yard, or side yards facing a street or interior, fences, walls, and gates shall not exceed
eight (8) feet in height, as measured consistent with the definition of "adiusted future
grade" in section 114-1.
Sec. 142-870.22. -Additional parking standards.
(a) Notwithstanding the provisions of section 130-32, there shall be no minimum parking
requirement associated with the redevelopment of an existing school.
(b) All exterior parking and driveway surface areas shall be composed of semi-pervious or
pervious material such as concrete or grass pavers, set in sand.
(c) Required wheel stops shall have a low profile, and shall not exceed five feet in width.
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(d) All parking lots for schools shall meet the following minimum setback requirements,
notwithstanding any other requirement in the land development regulations: 5' — front, 5' —
rear, 5' —side-interior, and 5' —side facing a street.
(e) For schools, a maximum of five (5) one-way driveway curb cuts per platted lot within a
development site shall be permitted. The maximum width of each driveway curb cut shall not
exceed 15 feet.
(f) Notwithstanding the provisions of section 130-101, no new loading spaces shall be required
in connection with the expansion of an existing school (including the construction of a new
building or structure, or an increase to the floor area of the school)_
(q) Notwithstanding the requirements of section 126-11, as applicable to landscaped areas in
permanent parking lots, when reconfiguring existing parking for a school, the minimum
landscape requirements shall be subject to the review and approval of the design review
board.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 3. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach,and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida, as amended. The sections of this ordinance may be renumbered or relettered to
accomplish such intention, and the word "ordinance" may be changed to"section" or other appropriate
word.
SECTION 4. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction,then said holding shall in no way affect the validity
of the remaining portions of this ordinance.
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SECTION 5. Effective Date.
This Ordinance shall take effect the ? day of AtfPusf , 2020.
PASSED AND ADOPTED this ' day of Tiny , 2020.
Dan Gelber, Mayor
ATTEST:
r
"afael Grana9o, Cit Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
City Attorney 1 Date
First Reading: June 24, 2020 Iv
Second Reading: July 29, 2020 „,,,
1) ; '
_.fir �f-�`'� ����z�
I}iCORPROR"�TED,•
.
Verified By. , LA ,/ ,
Thomas R. Mooney, AICP c�1''26
Planning Director """
•
T:\Agenda\2020\06 June 241PIanning\North Beach Private and Public School District Overlay-First Reading ORD.docx
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Ordinances -R5 D
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29,2020
9:25 a.m.Second Reading Public Hearing
SUBJECT:ZONING OVERLAY FOR NORTH BEACH PRIVATE AND PUBLIC
SCHOOLS DISTRICT OVERLAY AN ORDINANCE OF THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,
AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," AT ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," TO ESTABLISH DIVISION 14, ENTITLED "NORTH BEACH
PRIVATE AND PUBLIC SCHOOL OVERLAY DISTRICT," TO PROVIDE
REGULATIONS FOR RENOVATIONS AND ENHANCEMENTS TO
SCHOOLS LOCATED WITHIN THE BOUNDARIES OF THE DISTRICT;
AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION,AND
AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On December 11, 2019, at the request of Commissioner Micky Steinberg,the City Commission
referred the item to the Land Use and Development Committee and the Planning Board (Item
C4N). The item was placed on the January 21, 2020 agenda of the newly created Land Use
and Sustainability Committee (LUSC). The item was deferred to the February 18, 2020 LUSC
meeting. On February 18, 2020,the item was deferred to March 17, 2020.
The March 17, 2020 LUSC meeting was postponed, and the item was moved to the May 6,
2020 LUSC agenda. On May 6, 2020 the LUSC recommended that the Planning Board
transmit the ordinance to the City Commission with a favorable recommendation.
ANALYSIS
PLANNING ANALYSIS
The Lehrman Day School is a long standing, community institution that has served the residents
of Miami Beach for decades. In order to accommodate modest expansion plans, inclusive of a
new gym facility and internal drop-off and pick-up area, the school is seeking modifications to
the RM-1 development regulations. These modifications would be specific to an overlay for the
institutional use.
Page 456 of 2461
On April 11, 2018, the City Commission established the North Beach National Register
Conservation District Overlay.This created regulations to maintain the character of the
community made up of low-scale multi-family appartment buildings. These regulations include
reduced height limits, increased setbacks, and limitations on lot aggregation, which are very
approporate for the residential buildings in the area. However, after careful review, it has been
determined that they are too restricitive for public and private schools within its boundaries.
The Lehrman School has prepared the attached proposed overlay and LDR amendments. The
overlay is bounded by 78th Street on the north, Carlyle Avenue on the east, Tatum Waterway on
the west,and 75th Street on the south (see map at the end of the report.)
The proposed changes modify the physical development regualtions of a school parcel within
the overlay, as they relate to building height, setbacks, lot width and minimum lot aggregation.
Specifically the ordinaince proposes the following:
1. Remove the limitation on maximum developable width;
2. Increase the lot agregation limit from two(2)or three (3)to nine (9);
3. Increase the height limit from 45 feet to 60 feet for buildings with a gymnasium;
4. Reduce the upper level setback from 25 feet to ten(10)feet;
5. Reduce the requried setback for lots 61 feet or greater from the greater of 7.5 feet or eight
(8)percent of lot width to five (5)feet;
6. Remove parking requirements for schools;
7. Increase driveway limit from one (1)per platted lot to five (5)per school;
8. Remove loading requirements for existing schools that are being expanded; and
9. Modify landscaping requirements for landscape areas in existing permanent parking lots that
are being reconfigured.
These adjustments are expected to allow the school to expand and improve its facilities,thereby
improving educational opportunities for students in the vicinity. Because there are limited
opportunities for new schools in the area, it is not expected that this ordinance will create a
significant impact on the community. It should be noted that in addtion to the approval from the
Historic Preservation Board,that schools are a conditional use in the RM-1 district and therefore
require approval from the Planning Board.As a result any potential impacts to the community
would be addressed through the conditional use process.
PLANNING BOARD REVIEW
On May 19, 2020,the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 6-0. The Planning Board also
recommended that the minimum landscape requirements for reconfiguring existing parking
areas be subject to the review and approval of the design review board. The recommendation of
the Planning Board has been incorporated into the text of the attached ordinance.
Page 457 of 2461
PD
UAT E
The subject ordinance was approved at first reading on June 24, 2020, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
North Beach
Is this a"Residents Right Does this item utilize G.O.
to Know"item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor `
Commissioner Micky Steinberg
ATTACHMENTS:
Description
❑ ORDINANCE- Form Approved
Page 458 of 2461