Ordinance 94-2908 ORDINANCE NO, 94-2908
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA, AMENDING COMPREHENSIVE
ZONING ORDINANCE NO. 89-2665; AMENDING SECTION 3,
ENTITLED"DEFINITIONS",AMENDING SUBSECTION 3-2,ENTITLED
"TERMS DEFINED" BY MODIFYING THE DEFINITION OF "OPEN
SPACE"TO EXCLUDE PARKING SPACES FROM THE CALCULATION
OF OPEN SPACE; AMENDING SECTION 7, ENTITLED "PARKING
REGULATIONS", AMENDING SUBSECTION 7-8, ENTITLED
"PARKING CREDIT SYSTEM", BY CLARIFYING THE EFFECTIVE
DATE FOR THE PURPOSES OF CALCULATING PARKING CREDITS
AND THAT PARKING CREDITS ARE NOT APPLICABLE TO
PORTIONS OF BUILDINGS WHICH HAVE BEEN DEMOLISHED,AND
BY ALLOWING PARKING CREDITS FOR USES IN THE
REDEVELOPMENT AREA AND FOR REHABILITATED HOTEL
UNITS; AMENDING SECTION 13, ENTITLED "NONCONFORMING
STRUCTURES AND USES", AMENDING SUBSECTION 13-5,
ENTITLED "DESTRUCTION OR RENOVATION OF
NONCONFORMING BUILDINGS AND USES" BY CLARIFYING THE
REGULATIONS FOR NONCONFORMING USES AND
NONCONFORMING BUILDINGS; AMENDING SECTION 20,
ENTITLED "PS-PERFORMANCE STANDARD DISTRICT" BY
RESTRICTING NIGHTCLUBS; BY MODIFYING THE RESIDENTIAL
AND COMMERCIAL DEVELOPMENT REGULATIONS IN TERMS OF
LOT AREA, LOT WIDTH, MAXIMUM BUILDING HEIGHTS,
MINIMUM AND AVERAGE UNIT SIZES, SETBACKS AND BY
MODIFYING THE OPEN SPACE RATIO CALCULATIONS;
PROVIDING FOR INCLUSION I14 THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach wishes to encourage development in the South Pointe
Redevelopment Area; and,
WHEREAS, the South Pointe Advisory Committee has reviewed and accepted the proposed
amendments to the District Regulations for the South Pointe Area; and,
WHEREAS, the University of Miami, in consultation with the City of Miami Beach, held a
design symposium which helped refine the proposed amendments; and,
WHEREAS, the amendments set forth herein are necessary to the welfare of the residents of
the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Zoning Ordinance No. 89-2665, is hereby
amended as follows:
3-2 TERMS DEFINED
* * *
139. OPEN SPACE: That part of a Lot in the Redevelopment Area, including Courts and
Yards which:
a. is open and unobstructed from its lowest level upward, and
b. is accessible to all residents on the Lot without restrictions except as may be
required for safety, and
c. is not occupied by Off-Street Parking, Streets, drives, or other surfaces for
vehicles, except as may be required to provide one parking space per
Apartment Unit on the Lot. Open Space is, in general, that part of a Lot
available for entry and Use by the occupants of the Building or Buildings on
the Premises, but may include space located and treated to enhance the
amenity of the Development by providing landscaping, screening for the
benefit of the occupants or neighboring areas, or a general appearance of
openness. Open Space may include water surfaces that comprise not more
than 10 percent of total Open Space, and may include
4. landscaped-ng, roofs, and decksor garages-pursuant to conditions contained
in the district regulations.
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SECTION 2. That Subsection 7-8, entitled "Parking Credit System" of Zoning Ordinance No. 89-2665, is
hereby amended as follows:
7-8 PARKING CREDIT SYSTEM
A. Whenever a Building or Use that was established prior to •- - _ • : `. : . •' ! :'.. • -
October 1, 1989, is changed in a manner that results in an increase in the number of required
Parking spaces, the following regulations shall apply.
1. Any Building or Use that lawfully existed on •_ _ _ !. ! -
October 1, 1989, shall receive a parking space credit equal to the number of parking
spaces required prior to the adoption of this Ordinance. The parking credit shall run
with the land and shall be applied toward the required Parking as follows:
a. The Parking credit shall only be applied to the area within the existing shell
of the Building.
b. Parking credits shall not be applicable to Buildings or portions of a Building
that have been demolished. •• _ ' :__ _ .. _• • 1. . _ . . .
c. Parking credits in the MXE Mixed Use Entertainment District shall only be
applied as of November 5, 1990. Parking credits in the Redevelopment Area
shall only be applied as of(the effective date of Ordinance). Any existing Use
in the MXE Mixed Use Entertainment District or Redevelopment Area which
has satisfied the parking requirement through participation in the Parking
Impact Fee Program may have its Parking Impact Fee adjusted for parking
credits at the next due date for payment. No reimbursement or prorating
shall be allowed.
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Units.
SECTION 3. That Subsection 13-5, entitled "Destruction or Renovation of Nonconforming Buildings and
Uses" of Zoning Ordinance No. 89-2665, is hereby amended as follows for properties in the South Pointe
Redevelopment Area:
13-5 DESTRUCTION,REPAIR AND/OR RENOVATION OF NONCONFORMING BUILDINGS AND
USES.
A. NONCONFORMING USES
If a Building which contains a Nonconforming Use is damaged, repaired or renovated at a cost
exceeding 50% of the Value Determination of the Building as determined by the Building
Official pursuant to the standards set forth in the South Florida Building Code, it shall not be
thereafter used except in conformity with the Use Regulations in the applicable Zoning District
contained in this Ordinance and all rights as a Nonconforming Use are terminated.
B. NONCONFORMING BUILDINGS
1. Nonconforming Buildings which are damaged, repaired or rehabilitated by LESS
THAN FIFTY (50%) PERCENT OF THE VALUE DETERMINATION of the
Building as determined by the Building Official pursuant to the standards set forth in
the South Florida Building Code, may be repaired or rehabilitated if the following
conditions are met:
a. Renovated or repaired units shall meet the minimum Floor Area as set forth
for the Zoning District in which the property is located. The number of units
in the building shall not be increased.
b. The Building shall have previously been issued a Certificate of Use,Certificate
of Completion, Certificate of Occupancy or Occupational License by the City
to reflect it's current use.
c. Such repairs or reconstruction in the damaged or repaired portion of the
Building shall meet the requirements of the Miami Beach Property
Maintenance Standards,the South Florida Building Code,Fire Prevention and
Safety Code, and if a Historic Structure, shall comply substantially with the
Secretary of Interior Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Structures,U.S.Department of the Interior(1983)and
as amended.
2. Nonconforming Buildings which are damaged, repaired or rehabilitated by MORE
THAN FIFTY (50%) PERCENT OF THE VALUE DETERMINATION of the
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Building as determined by the Building Official pursuant to the standards set forth in
the South Florida Building Code, it may be repaired or rehabilitated if the following
conditions are met:
a. Historic Structures:
All Residential Units shall meet the minimum and average unit sizes
for rehabilitated buildings as set forth in the Zoning District in which
the property is located.
2). The existing structure's Floor Area, Height, and Setbacks may
remain, but any new addition or alteration must comply with the
current development regulations in the Zoning District in which the
property is located.
3). All parking regulations pursuant to Section 7 of the Zoning
Ordinance.
4). The Building shall meet all requirements (as amended) in the
following: South Florida Building Code, State Fire Marshall's Rules
and Regulations, Fire Prevention and Safety Code, the Miami Beach
Property Maintenance Standards and shall comply substantially with
the Secretary of Interior Standards for Rehabilitation and Guidelines
for Rehabilitating Historic Structures, U.S. Department of the
Interior (1983) and as amended.
b. Non Historic Structures
1� All Residential Units shall meet the minimum and average unit sizes
for new construction as set forth in the Zoning District in which the
property is located.
The Building must meet all development regulations (lot size, lot
width, setbacks, height, open space, etc.) as set forth in the Zoning
District in which the property is located, except for the Floor Area
Ratio which may remain as is if it currently exceeds the maximum
FAR allowed in the Zoning District. No new floor area may be
added if the maximum FAR is presently exceeded.
The Building shall receive no parking credits and must pay a parking
impact fee or provide the required parking on site or within 1200 feet
of the subject property.
4). The Building shall meet all requirements (as amended) in the
following: South Florida Building Code, State Fire Marshall's Rules
and Regulations, Fire Prevention and Safety Code and the Miami
Beach Property Maintenance Standards.
A. Except as provided in paragraph B herein, if a Non conforming Building or Use ivied
. .. ..�
it shall not be restored except in conformity with the regulations contained in this Ordinance
and all rights as a Nonconforming Building or Use arc terminated.
B. A Nonconforming Building may be repaired regardless of the time a Building has been vacant
• . • . _
1. The Building is a Historic Building as determined by the Planning and Zoning
Department. A Building Permit shall not be issued until the Planning and Zoning
Department approves the architectural plans for a Historic Building pursuant to the
Design Review Board procedures and which shall also include the Historic
Preservation Board procedures, as set forth in Section 19 3 of this Ordinance.
Building Code, State Fire Marshal's Rules and Regulations, Fire Prevention and
for Rehabilitating Historic Structures, U.S. Department of the Interior (1983) and as
wed•.
3. The total number of units shall not exceed those which are listed on the Building Card,
and each Hotel or Apartment Unit shall meet the Floor Area requirements set forth
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satisfied by the Use of the Parking Impact Fee Program as set forth in Section 7 7
Uses shall be determined by using the Parking Credit system as set forth in Section 7
5. The above provisions arc not applicable in those cases where multiple permits in one
.... . .. • . . .
a Redevelopment Area or in Structures which are under a Demolition order from the
Dade County Unsafe Structures Board.
.... - . ..
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that:
1. Such repairs or reconstruction are completed within twelve (12) months of the date of
such damage and a Certificate of Use, Certificate of Completion, Certificate of
2. Such repairs or reconstruction in the damaged portion of the Building shall meet the
• •
Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior
(1983) and as amended and;
3. Damaged and subsequently repaired units shall meet the Floor Area requirements as
set forth for the district in which the Property is located.
CD-. If a Nonconforming Building has been cited by the Dade County Unsafe Structures Board,the
owners shall bring the Structure into conformity with applicable codes within the time period
specified by said Board. With regard to multiple Family residential Buildings, all of the units
shall meet the Floor Area requirements as set forth in Section 13-5,B. above. 6 of this
Ordinance for the applicable Zoning District. If the Building is not brought into compliance
within said time period, the Building shall not again be used except in compliance with all the
regulations of this Ordinance.
E. Nonconforming Buildings and Uses in the Performance Standard (PS) Districts shall conform
. . . . . .. _ . .
SECTION 4. That Section 20, entitled "PS - PERFORMANCE STANDARD DISTRICT" of Zoning
Ordinance No. 89-2665, is hereby amended as follows:
20-1 ESTABLISHMENT OF DISTRICT AND DIVISIONS
The PS - Performance Standard District is hereby established as shown on the map designated as the
City of Miami Beach Zoning District Map. The PS district consists of all land in the Redevelopment
Area and consists of five (5) districts including: a Residential Performance Standard (R-PS) District,
a Commercial Performance Standard (C-PS) District, a Residential Limited Mixed Use Performance
Standard (M-PS) District (each of which is further subdivided based upon the type and density or
intensity of permitted Uses) a GU Government Use District and MR Marine Recreation District.
20-2 DISTRICT PURPOSE AND SUBDISTRICTS
F. Residential Performance Standards.
The Residential-Performance Standards Districts are designed to accommodate a broad
spectrum of medium-low to high density residential Development including Townhome
Development and multiple-Family Development pursuant to "performance standards" which
control the permissible type and density of residential Development. Performance standards
development will allow for modification of requirements affecting certain individual Lots,
greater flexibility, particularly for large-scale Development, and incentives for provision of
certain amenities and for conformance with specified objectives, thereby encouraging more
flexible and innovative design and Development, in accordance with the goals and objectives
of the Comprehensive Plan and the Redevelopment Plan.
In order to adequately and properly distinguish among the permissible types and densities of
residential Development, the Redevelopment Area is divided into the following residential
districts:
R-PS 1 Medium - Low Density
R-PS 2 Medium Density
R-PS 3 Medium - High Density
R-PS 4 High Density
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B. Commercial Performance Standards.
The Commercial Performance Standards Districts are designed to accommodate a range of
business, Commercial, office and Hotel Uses, as well as medium to high density residential
Development pursuant to"performance standards' which control the permissible type, density
or intensity, and mix of Development. Performance standards Development will allow for
modification of requirements affecting certain individual Lots;greater flexibility,particularly for
large-scale Development;large commercial,medium to high density residential and mixed Use
Developments in phases over time where the overall Development at a single point in time or
in a single instance by private owners would not be practical;providing incentives for provision
of certain amenities and for conformance with specified objectives,thereby encouraging more
flexible and innovative design and Development in accordance with the goals and objectives of
the Comprehensive Plan and the Redevelopment Plan.
In order to adequately and properly distinguish between types,densities and intensities of Uses
and mix of permitted commercial Development in the Redevelopment Area, districts are
divided as follows:
C-PS1 Limited Mixed-Use Commercial
C-PS2 General Mixed-Use Commercial
C-PS3 Intensive Mixed-Use Commercial
C-PS4 Intensive Mixed-Use Phased Bayside Commercial
C. Residential Limited Mixed Use Performance Standards.
The Residential Limited Mixed Use Performance Standards District is designed to
accommodate the new construction of light Commercial, office and public uses, as well as low
density residential Development pursuant to "performance standards" which control the
permissible type, density or intensity, and mix of Development. Performance standards
Development will allow for modification of requirements affecting certain individual Sites;
greater flexibility, particularly for large-scale Development; light commercial, low density
residential and mixed Use Developments in phases over time where the overall Development
at a single point in time or in a single instance by private owners would not be practical;
providing incentives for provision of certain amenities and for conformance with specified
objectives, thereby encouraging more flexible and innovative design and Development in
accordance with the goals and objectives of the Comprehensive Plan and the Redevelopment
Plan.
In order to adequately and properly distinguish between types, densities and intensities of Uses
and mix of permitted mixed Development in the Redevelopment Area,the RM-PS1 Residential
Limited Mixed Use Development is established.
20-3 USE REGULATIONS
A. Uses Permitted By Right,Uses Permitted by Conditional Use Permit and Uses Not Permitted.
No Building, Structure or land shall be Used or occupied except as a main permitted Use, a
Conditional Use, or an Accessory Use to a main permitted Use, in accordance with the Table
and text of Permitted Uses. A Use in any district denoted by the letter"P" is a Use permitted
by right in such district or subdistrict,provided that all requirements and performance standards
applicable to such Uses have been met. A Use in any district denoted by the letter "C" is
permissible as a Conditional Use in such district or subdistrict, provided that all requirements
and performance standards applicable to such Use have been met and provided that all
requirements of Section 17-3 of the Zoning Ordinance have been met. A Use in any district
denoted by the letter"N", or specifically listed as a use not permitted in the text of Section B.
below,is not permitted in such district or subdistrict. Uses permitted by right,as a Conditional
Use,or as an Accessory Use shall be subject to all Use regulations and performance standards
contained herein and to such other regulations as may be applicable,including Site Plan review
and design review. Uses not listed in the Table of Permitted Uses are not permitted in the
district or subdistrict. Notwithstanding any provision of this Section, no Use is permitted on
a parcel,whether listed by right, as a Conditional Use or as an Accessory Use in such district,
unless it can be located on such parcel in full compliance with all of the performance standards
and other requirements of the Zoning Ordinance applicable to the specific Use and parcel in
question.
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B. Table of Permitted Uses
General Use R-PS 1,2 R-PS 3,4 C-PS 1,2,3,4 RM-PS 1
Category
Single Family;Townhome; P P P P
Apartment;Apt/Hotel Apt/Hotel not
permitted
Hotel N P P N
Commercial N N P* P*
8%of Floor Area
Institutional C C C C
1.25%of Floor Area
Accessory P P P P
P-Main Permitted Use C-Conditional Use N-Not Permitted
Floor Area in the RM-PS 1 District refers to total Floor Area in project. Commercial Uses in RM-PS1 limited to stores and
restaurants.
For purposes of this Section, a Car Wash, Filling Station and any Use that sells gasoline, automobiles or
automotive or related repair Uses are considered as industrial Uses and are not permitted in the Redevelopment
Area.
* For purposes of this Section,Nightclubs are not permitted as a Main Permitted or Accessory Use in the
Redevelopment Area; however,in the C-PS3 and C-PS4 Districts a Nightclub shall be permitted as an Accessory
Use within a hotel of 250 rooms or more with access to the Nightclub only from the interior lobby and not from
the street.
Commercial and non-commercial Parking Lots and Garages shall be considered as a Conditional Use in the R-
PS1,2,3 and 4 Districts.
C. .. - -- . • -: . : Non-Conforming Uses, Lots and Structures
1. Applicability. Non-conforming Uses, Lots and Structures shall be subject to the
regulations contained in Section 13 of this Ordinance and the additional and
2. Building Permit or other permit(s) shall be issued by the City for rehabilitation-ef-a
Non conforming Structure or Use:
a. If no other Building Permit or City permit for repair or rehabilitation has
been issued during the Preceding calendar year.
. .-- -- - • - ... .- .
... .-- --
Code, and Fire Prevention and Safety Code as determined by an on Site
- ' ----. - - •. -- e• --
the Structure is located.
c. When the cost of rehabilitation is equal to or greater than fifty (50%)percent
of the assessed valuation of the Structure or fifty (50%) percent of the
replacement value as determined by the Dade County Property Appraiser,
whichever is greater, and the Structure meets all applicable standards of the
Code as determined by an on Site inspection; and not less than eighty five
(85%) percent - . - .
fifteen (15%) percent of the Apartment Units in the Structure(s) shall have
a minimum gross Floor Area of not less than 400 square feet, unless a
-- • .. . • .. - ..
Effective Date of this Ordinance and either:
a. The Structure has remained idle or unused for a continuous period of six(6)
-months-.
b. The Structure has remained idle or unused for 18 months during any three(3)
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20-4 PERFORMANCE STANDARD REGULATIONS
A. General Requirement. No Building, Structure or land shall be used or occupied except in
conformance with the performance standards applicable to the Use and subdistrict as set forth
in the applicable Table of Performance Standards.The purposes of the performance standards
are-is:
1. to provide detailed regulations by means of minimum criteria which must be met by
all Uses in order to ensure Development consistent with the goals and objectives of the
Comprehensive Plan and the Redevelopment Plan;
2. to protect the integrity of the Comprehensive Plan and the Redevelopment Plan and
the relationships between Uses and densities that are essential to the viability of these
Plans and the Redevelopment Area; and
3. to promote and protect the public health, safety, and general welfare by requiring all
Development to be consistent with the land Use,circulation and amenities components
of the redevelopment element of the Comprehensive Plan and the capital
improvements program for the area, as specified in the Comprehensive Plan.
B. Table of Residential Performance Standards
Residential Subdistricts
Performance Standard R-PS1 R-PS2 R PS3 R-PS4
1. Minimum Lot Area 49,990 5,750 sq.ft. 49,900 5,750 sq.ft. 48,990 5,750 sq.ft. 48,090 5,750 sq.ft.
2. Minimum Lot Width 400 50 ft 480 50 ft 490 50 ft 409 50 ft
3. Required Open Space Ratio .60,See Sec 20-4,J .65,See Sec 20-4,J .70,See Sec 20-4,J .70,See Sec 20-4.J
4. Maximum Building Height -Nene 45 ft Stene 45 ft -Flute 60 ft -Nene
Lots 50'wide or less- Lots 50'wide or less- Lots 50'wide or less- Non-oceanfront-80 ft;
35 ft 35 ft 35 ft
Oceanfront-100 ft
Lots 50'wide or less-
35ft
5. Base FAR(without bonus) .75 1.0 1.25 1.5
6. Max FAR(with bonus)' 1.5 1.75 2.00 2.25
7. Minimum Floor Area Per New Construction 700 New Construction 650 New Construction 600 New Construction 550
Apartment Unit(square feet) Rehabilitated Rehabilitated Rehabilitated Buildings Rehabilitated
Buildings 400 Buildings 400 400 Buildings 400
8. Minimum Average Floor Area Per New Construction 950 New Construction 900 New Construction 850 New Construction 800
Apartment Unit(square feet) Rehabilitated Rehabilitated Rehabilitated Buildings Rehabilitated
Buildings 550 Buildings 550 550 Buildings 550
9. Minimum Floor Area Per Hotel N.A. N.A. 15% = 300-335 sq.ft. 15% = 300-335 sq.ft.
Unit(square feet)
85% = 335+ sq.ft. 85% = 335+ sq.ft.
10. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4,K Requirement herein.
11. Minimum Off-Street Loading Pursuant to Section 7-5 of Zoning Ordinance.
12. Signs Pursuant to Section 9 of Zoning Ordinance.
13. Suites Hotel Pursuant to Section 6-22 of Zoning Ordinance.
* The maximum FAR increase above the base Floor Area Ratio is achieved by using the Design Bonus
provisions as listed in Section 6-24 of this Ordinance.
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C. Setback Requirements R-PS1,2,3,4
1. Front 2. Side, 3. Side, 4. Rear
Interior Facing a Street
a. At Grade Parking 5'-30' 5',or 5%of Lot 5',or 5%of Lot Non-oceanfront
Lot(below und . whichever Lots-5 feet
Building) is greater(0' if is greater. Oceanfront Lots-
Lot Width is 50' 50 feet from
or less). Bulkhead Line.
b. Subterranean 5'302 5',or 5%of Lot 5',or 5%of Lot Non-oceanfront
`Wid iahcver Lots-0 feet
is greater.(0'if is greater. Oceanfront Lots-
-Lot--1141c1414-is4W 50 feet from
or less) Bulkhead Line.
c. Pedestal 5'40" 7.5' 5'. Non-oceanfront
Lots 50'wide or Lots-10%of Lot
less-5 ft Yards shall equal Depth.
16%of Lot Width. Oceanfront Lots-
Yards shall equal Min. 7.5'or 8% 20%of Lot
16%of Lot Width. of Lot Width, Depth,50'
•whichever-is minimum from
nth, greater. Bulkhead Line.
whichever is
greater.
d. Tower 50' The required The required Non-oceanfront
20' + 1' for every Pedestal setback Pedestal setback Lots-15%of Lot
1'increase in plus.10 the height plus .10 the height Depth.
4+eigli-t-above--501, of the Building. of the Building. Oceanfront Lots-
Tower not to 25%of Lot
50', then shall -etieee+1--50-feet-. Yards shall equal Depth,75'
4-614.3:144-C-A+1,S441.14-. 16%of the Lot minimum from
-Wis14-1+. Bulkhead Line.
Min. 7.5'or 8%
of Lot Width,
whichever is
greater.
5. All required setbacks shall be considered as minimum requirements except for the pedestal
front yard setback and pedestal side yard facing a street setback which shall be considered as
both a minimum and maximum requirements.
6. For lots greater than 100 feet in width the front setback shall be extended to include at least
one open court with a minimum area of three (3) square feet for every linear foot of lot
frontage.
D. Table of Commercial Performance Standards
Commercial Subdistricts
Performance C-PS1 C-PS2 C-PS3 C-PS4
Standard
1. Minimum Lot -14000 6,000 sq. ft. -10,990 6.000 sq, ft. 40,000 6.000 sq.ft. -10,009 6,000 sq.ft.
Area
2. Minimum Lot 100 ft.50 ft 100 ft.50 ft 100 ft.50 ft 100 ft.50 ft
Width
3. Maximum 75 ft 75 ft None None
Building Height
4. Base FAR 1.0 2.0 2.5 2.5
5. Maximum FAR 2.0 2.5 3.5 3.5
(with bonus)*
6. Residential and Pursuant to all R- Pursuant to all R-PS3 Pursuant to all R-PS4 Pursuant to all R-PS4
Hotel PS2 district district regulations, district regulations district regulations,
Development regulations,except except maximum except maximum Floor except maximum
maximum building building height for Area Ratio shall be Floor Area Ratio
height for residential residential and mixed 3.5, no height shall be 3.5, no
and mixed use use buildings shall be restriction and Open height restriction
buildings shall be 75 75 ft. Space Ratio.60 and Open Space
ft. measured at or above Ratio.60 measured
Grade. at or above Grade.
7. Minimum Apt. New Construction New Construction 600 New Construction 550 New Construction
Unit Size (sq.ft.) 650 Rehabilitated Rehabilitated 550
Rehabilitated Buildings 400 Buildings 400 Rehabilitated
Buildings 400 Buildings 400
8. Average Apt.Unit New Construction New Construction 850 New Construction 800 New Construction
Size(sq.ft.) 900 Rehabilitated Rehabilitated 800
Rehabilitated Buildings 550 Buildings 550 Rehabilitated
I3uildings 550 Buildings 550
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9. Minimum Floor Area Per Hotel Unit 15% = 300-335 sq.ft.;85% = 335+ sq.ft.in all districts.
(square feet)
10. Minimum Parking Requirements Pursuant to Section 7 of Zoning Ordinance and Section 20-4,H Requirement
herein.
11. Minimum Off-Street Loading Pursuant to Section 7 of Zoning Ordinance.
12. Signs Pursuant to Section 9 of Zoning Ordinance.
* The maximum FAR increase above the base Floor Area Ratio is achieved by using the Design Bonus
provisions as listed in Section 6-24 of this Ordinance.
E. Setback Requirements C-PS1,2,3,4
1. Front 2. Side, 3. Side, 4. Rear
Interior Facing a Street
a. Subterranean 0 feet 0 feet 0 feet 0 feet
b. Pedestal and 0 feet 7_5'-18'when 0 feet 10'when abutting
Tower abutting atg a residential
(non-oceanfront) residential -a-residential district,
district, district, unlees otherwise-5'
otherwise none. separated by a
Residential Uses Street or unless separated
shall follow the ateiavay by a Waterway
R-PS1,2,3,4 otherwise none. otherwise-none.
setbacks(See Residential Uses
Section 20-4.C). shall follow the
R-PS1,2,3,4
setbacks(See
Section 20-4.C).
c. Pedestal and Pedestal- 15' Comm Uses-10' Comm Uses-10' 25%of Lot
Tower Tower-20'+ 1' Depth,75'
(oceanfront) for every 1' Residential Uses Residential Uses minimum.
increase in height shall follow the shall follow the
above 50',to a R-PS1,2,3,4 R-PS1,2,3,4
maximum of 50', setbacks(See setbacks(See
then shall remain Section 20-4.C). Section 20-4.C).
constant.
d. Parking Lots and If located on the same Lot as the main Structure the above setbacks shall
Garages apply, If primary Use the setbacks are listed in Section 6-24,B.14.
5. All required setbacks shall be considered as minimum requirements except for the pedestal front
yard setback and the pedestal side yard facing a street setback which shall be considered as both
a minimum and maximum requirements.
6. For lots greater than 100 feet in width the front setback shall be extended to include at least one
open court with a minimum area of three (3) square feet for every linear foot of lot frontage.
F. Mixed Use Buildings: Calculation of Setbacks and Floor Area Ratio
1. Setbacks - When more than 25% of the total area of a Building in a C-PS District is used
for residential or Hotel Units, any floor containing such units shall follow the R-PS1,2,3,4
setback regulations.
2. FAR - When at least 75% of the linear frontage of the Building at the ground floor level
is used for commercial uses,the Floor Area Ratio shall follow the range of the commercial
district in which the Building is located.In all other instances • --- . • ". : --
total arca of a Building in a C PS District is used for residential or Hotel Units, the FAR
range shall follow the Floor Area Ratios as follows: in the C-PS1 District, the FAR as set
forth in the R-PS1 District; in the C-PS2 District, the FAR as set forth in the R-PS2
District; in the C-PS3 District, the FAR as set forth in the R-PS3 District; in the C-PS4
District, the FAR as set forth in the R-PS4 District.
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G. Table of Residential Limited Mixed Use Performance Standards
Mixed Subdistricts
RM-PS 1
Performance Standard
1. Minimum Site Area 120,000
2. Minimum Site Width 350 ft.
3. Required Open Space Ratio .60
4. Maximum Building Height 60 feet above ground or above enclosed parking.
5. Base FAR (without bonus) .75
6. Maximum FAR (with bonus) 1.5
7. Minimum Floor Area Per Apartment 600
Unit (square feet)
8. Minimum Average Floor Area Per 1000
Apartment Unit (square feet)
9. Minimum Floor Area Per Hotel Unit N/A
(square feet)
10. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and
Section 20-4,L.3-1 Requirement herein.
11. Minimum Off-Street Loading Pursuant to Section 7-5 of Zoning Ordinance.
12. Signs Pursuant to Section 9 of Zoning Ordinance.
13. Suites Hotel N/A
H. Setback Requirements RM-PS1
1. Front, Rear, Sideyard Facing Street 2 feet when approved by the Design Review Board
otherwise Section 20-4,C applies.
2. Side Interior See Section 20-4,C.
I. Performance Standard Bonuses. Floor Area Ratio bonuses may be accumulated by meeting one
or more of the criteria as set forth in Section 6-24; provided that in no event shall any Use be
permitted an increase in Floor Area Ratio so as to exceed the maximum Floor Area Ratio
specified in the applicable Table of Residential, Commercial Performance Standards or
Residential Limited Mixed Use Performance Standards, except through the Use of Transfer of
Development Rights as set forth in Subsection 6-29 herein.
J. Minimum Required Yards in Relation to Minimum Open Space Ratio. In all cases, except as
otherwise provided herein, an Applicant shall comply with both minimum Required Yard and
minimum Open Space requirements. •
the Applicant shall provide not less than 50% of the difference in the form of Open Space at
Grade.
1. The Open Space Ratio may include Open Space on roof top decks which are-less-than
fifty(50) feet or less above Grade. ;except that in the C PSI and RM PSI Districts the
. .. .. . .
at Grade. At least 25% of the roof top deck shall constitute living landscape material.
Open Space above Grade may be in the form of recreational facilities above the
'-
2. Required Yards and Open Space, whether at or above Grade, may not be utilized for
• . • . •. .- . .
2.3. Required Yards and Open Space, whether at or above Grade in the C- PS4 and
RM-PS1 Districts may also be utilized for drives and Off-Street Parking Spaces, except
that if drives are ramped, they shall be at least seven and one half(7 z) feet from the
front property line and, not more than ten (10) feet or one level above Grade at their
10
highest point;the total length of an elevated drive shall not exceed forty percent (40%)
of that portion of the Lot facing the adjacent Street.
3. Required Yards adjacent to Biscayne Bay in the C-PS4 District may be utilized for open
and unenclosed decks, platforms,planters,canopies,canvass type Awnings,baywalks or
removable furniture such as tables and chairs. Required Side Yards in the C-PS4
District may have public walkways that are partially covered.
4. Up to fifty percent (50%) of the Open Space required by this Ordinance may be
fulfilled by payment of an in-lieu-of fee into the South Pointe Streetscape Fund.
Notwithstanding the above, in no case shall the Open Space provided at grade be less
than the total area resulting from the required setbacks.
a. The in-lieu-of payment as described above shall be made at the rate of$1.00
per square foot of Open Space not provided. Said fee shall be paid in full at
the time of application for the Building Permit. The fee shall be refunded if
construction does not commence prior to the expiration of the Building Permit.
5. No variances shall be granted from the requirements of this Sub-Section.
K. Alternative Parking Requirement for Multi-Family Residential Development in R-PS Districts
Pursuant to the Parking Impact Fee.
See the Parking Impact Fee Program as set forth in Section 7-7.
L. Supplemental Parking Regulations: C PS3 and C PS4 District
1. All Districts
All non-oceanfront and non-bayfront Residential development shall be encouraged to
have parking with access to and from the Alley only and such parking shall be rendered
not visible from the street by the building's front facade. However,on corner buildings,
the side view may be obscured by a wall.
2. C-PS3 and C-PS4 District
1.25 parking spaces per Apartment Unit, 1 parking space per Hotel Unit,and 2.5 parking spaces
per 1,000 square feet of commercial space.Up to forty percent(10%)of the total parking spaces
created on the Premises may be for compact cars. Required parking for Hotel,Hotel Accessory
Uses and club Uses may be satisfied through the provision of valet parking spaces. Twenty
percent (20%) of required Apartment Unit parking spaces may be satisfied through the
provision of valet parking spaces.
3. RM-PS1 District
1.65 parking spaces per Apartment Unit, and one (1) parking space per 1,000 square feet of any
non-residential use. Up to twelve percent (12%) of the total parking spaces created on the
Premises may be for valet parking spaces.
Parking spaces shall be sized in accordance with the following chart:
Parking ngle Standar-.1 Spaces
9g� 8'6" Wide
18 0" Long
8'6" Wide
18'0" Long
1}5¢ 8'6" Wide
18'0" Long
Parallel 8'6" Wide
23'0" Long
Handicapped 12'0" Wide
18'0" Long
4
11
Access aisles shall be provided in accordance with the following chart:
Size/Car Angle of Width of Aisle: Width of Aisle: Width of Aisle:
Parking One Way Two-Way- One Way
Traffic Double Traffic Double Traffic Single
Loaded Loaded Loaded
Standard - 23.0 feet 23.0 feet 23.0 feet
Standard -609- 11.8 feet 19.3 feet 12.7 feet
Standard 9.5 feet 18.5 feet 10.8 feet
Compact 902- 20.0 feet 21.0 feet 20.0 feet
Compact -60g- 9.5 feet 19.0 feet 10.3 feet
Compact- 152- 9.2 feet 18.7 feet 10.6 feet
Standard & Parallel 10.0 feet 20.0 feet 10.0 feet
Compact Parking
•
M. Supplemental Parking Regulations: RM PS1 District
1.65 parking spaces per Apartment Unit, and one (1) parking space per 1,000
square feet of any non residential use. Up to twelve percent (12%) of the total
parking spaces cr ted on the Premises may be for valet parking spaces.
SECTION 5. 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 6. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be
and the same are herewith repealed.
SECTION 7. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect on the 26th day
of February 1994.
PASSED and ADOPTED this 16t day of -bruar A
1994.
roe
4,
MAYOR
ATTEST:
4.,1 17),
o FORM APPROVED
CITY CLERK LEGAL DEPT.
1st reading 2/2/94
2nd reading 2/16/94By 0
Underline =new language
Crile—eat- =deleted languageDate �- 10--
DJG/JGG
cHP:\SOUTHPNT.93
January 17, 1994
12
CITY OF MIAMI BEACH
CST"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. J()R,91/41
TO: Mayor Seymour Gelber and DATE: Feb. 16, 1994
Members of the City Commission
FROM: Roger M. Cant
City Manager
SUBJECT: AMENDMENT TO ZONING ORDINANCE NO. 89-2665 RELATIVE TO
AMENDING THE DEVELOPMENT REGULATIONS FOR THE SOUTH POINTE
REDEVELOPMENT AREA - SECOND READING.
RECOMMENDATION
The City Administration recommends that the City Commission, upon
holding a public hearing, adopt on second first reading the
attached amendment package which deals primarily with the
Development Regulations for the South Pointe Redevelopment Area.
The package also addresses the rehabilitation of non-conforming
buildings and uses within the South Pointe Area, as well city-wide.
BACKGROUND
As part of an on-going analysis of the City' s current Zoning
Ordinance and development patterns south of 6th Street, the City
Administration has identified the need to encourage new
construction and rehabilitation of existing structures within the
Performance Standards Districts which is more consistent and
compatible with the character of the area comprising the South
Pointe Redevelopment Area. The City contracted with the University
of Miami School of Architecture to analyze proposed zoning changes
that were drafted by City staff to accomplish these objectives. In
response to this report, numerous meetings with the South Pointe
Advisory Committee and through the efforts of other departments and
staff, the following Ordinance Amendments were formulated to create
a more practical and sensitive environment for both new
construction and rehabilitation within the Redevelopment Area.
The underlying goal of the Amendments is to foster development
which is pedestrian friendly. Rather than tall towers surrounded
by large landscaped setback areas, the proposed zoning envisions
buildings which are constructed close to the street and reflective
of the historic 'built' environment. While taller buildings would
be allowed, there would be height restrictions and substantial
setback requirements for the tower portions of these structures.
Smaller fifty (50) ft. wide lots could once again be developed and
larger site development would be architecturally detailed in a
manner to visually break up the mass of the building fronting on
the street so as not to a "concrete canyon" .
320
1 AGENDA R. 3I
ITEM - L
DATE 1 L-C)
The Administration is requesting that Amendments to the Zoning
Ordinance be considered regarding the definition of open space, the
calculation of Parking Credits, the definition of nonconforming
structures and uses, restriction of nightclubs within a Performance
Standard District, and by modifying the Residential and Commercial
Performance Standards Development Regulations in terms of lot area,
lot width, maximum building heights, minimum and average unit
sizes, setbacks, and by modifying the open space ratio
calculations.
The Planning Board, at its meeting of November 23 , 1993 , voted 6-0
(1 abstention due to conflict) to recommend in favor of the
amendment package. The City Commission, at its meeting of February
2 , 1994 , voted 7-0 to adopt, on first reading, the proposed
Ordinance.
ANALYSIS
The attached Ordinance identifies the proposed new Sections of the
Zoning Ordinance. The underlined portions are those that would be
added to the existing ordinance and the struck through portions are
those that would be deleted. To assist in the review of the
proposed amendments, the following provides a brief explanation of
each proposal :
Sub-Section General Title Pages Explanation\
Impact
3-2 . 139 Terms Defined 1 Clarification
Open Space of Open Space.
Definition to
exclude parking
areas and
garages.
7-8A. 1 Parking Credit System 2 Establishes
effective date
of parking
credit system
to be
concurrent with
the creation of
the Zoning
Ordinance
(10/1/89) .
7-8A. l.b Parking Credit System 2 Clarifies
parking credit
exemption for
demolished
portions of
buildings;
further, that
parking credits
will now apply
within the
South Pointe
Redevelopment
Area.
2 3:?1
•
Sub-Section General Title Pages Explanation\
Impact
7-8A. 1.c Parking Credit System 2 Allows existing
Parking Impact
Fee
participants in
the South
Pointe
Redevelopment
Area to adjust
the parking
credits and
Parking Impact
Fee account at
the next due
date. Of the
$28 , 000 in
parking impact
fees non
collected in
the South
Pointe area,
approximately
$20, 000 would
initially have
been lost by
instituting
parking
credits.
However, the
use of parking
credits should
spur
significantly
more
rehabilitation,
thereby
generating
additional
parking impact
fees.
7-8A. 2 Parking Credit System 2 Deletes 50%
Assessed Value
Rehabilitation
Rule and allows
parking Credits
for change of
use from
apartment to
hotel units.
13-5 Destruction, Repair and/ 2 Adds 'Repair'
or Renovation of Non to Subsection
Conforming Buildings title.
and Uses
3 3?2
Sub-Section General Title Pages Explanation\
Impact
13-5A Nonconforming Uses 2 New text
clarifies 50%
Rule
determination
for non-
conforming uses
and their
continuation
and their
termination.
(Grandfather
clause)
13-5B. 1 Nonconforming Buildings 2 , 3 New text for
construction
work less than
50% of the
value
determined by
the Building
Official,
Citywide.
13-5B. 2 Nonconforming Buildings 3 New text for
construction
work exceeding
50% of the
value
determination
for historic
and nonhistoric
structures.
13-5 Nonconforming Buildings 3 , 4 Deletes old
and Uses text addressed
above.
13-5C Nonconforming Buildings 4 Clarifies
regulations for
buildings cited
by the Dade
County Unsafe
Structures Bd.
20-3A&B Use Regulations 5, 6 New text
Performance Standards clarifies
District specific uses
allowed in the
Redev. Area.
20-3C Nonconforming Uses 6 Deletes old
text addressed
above.
4 3?3
Sub-Section General Title Pages Explanation/
Impact
20-4B Performance Standards - 7 Revised
Residential Districts development
regulations for
minimum lot
area, lot
width, open
space ratio,
maximum
building height
and minimum and
average unit
sizes for
rehabilitated
buildings. No
change to
existing Floor
Area Ratios.
20-4C Setback Requirements - 8 New Setback
R-PS 1, 2 , 3 , 4 requirements
for residential
development.
20-4D Performance Standards - 8 New development
Commercial Districts regulations for
min. lot area
and lot width,
bldg. height,
min. and avg.
unit sizes and
regulations for
Residential
construction in
a Commercial
district.
20-4E Setback Requirements 9 Changes to
C-PS 1, 2 , 3 , 4 side setback
requirements.
Also, defines
front pedestal
setback as min.
and maximum
requirement for
front setback;
open courts on
larger bldgs.
added.
20-4F Mixed Use Buildings 9 Clarifies and
in the Redev. Area amends the
F.A.R. range
for mixed use
buildings;
qualification
changed to
commercial
frontage.
20-4J Open Space Ratio 10 Clarifies Open
Space Ratio
definition and
deletes old
ambiguous
language.
5 z?4
Sub-Section General Title Pages Explanation/
Impact
20-4J. 4 Open Space Ratio 11 Creates method
to fulfill Open
Space Ratio
with an in-
lieu-of fee;
sets rate and
restrictions.
20-4L. 1 Supplemental Parking 11 Encourages
Regulations parking access
from the alley
for non-
oceanfront
residential
buildings and
visual
screening.
20-4 . L. 2 Supplemental Parking 11 Deletes text
Regulations related to
compact parking
spaces which
are no longer
permitted.
20-4L. 3 Supplemental Parking 11, 12 Parking
Regulations, RM-PS1 requirements
for this
district are
taken from 20-
4M which is to
be deleted;
also deletes
unnecessary
text which
follows.
CONCLUSION
The Administration recommends the adoption of the proposed
amendments to Zoning Ordinance 89-2665 and supports the
conclusions of the University of Miami study, the review by the
South Pointe Advisory Committee and the Planning Board 's review
and recommendation. Essentially, the amendments would implement
a transition from the original concept of demolition and
development of large scale development for the South Pointe
Redevelopment Area to a concept which balances large scale
development, where appropriate, with the rehabilitation of
remaining existing buildings and new less intense in-fill
development.
RMC:DJG:m1
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