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Ordinance 94-2918 ORDINANCE NO. 94-2918 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY REZONING A PARCEL OF LAND LOCATED AT 5937 COLLINS AVENUE, KNOWN AS "THE BATH CLUB" AND HAVING THE LEGAL DESCRIPTION OF TRACT 1, THE BATH CLUB PROPERTY, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 40, AT PAGE 14 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, FROM THE CURRENT RM-3, RESIDENTIAL MULTI FAMILY, HIGH INTENSITY ZONING DISTRICT CLASSIFICATION TO RM-1, RESIDENTIAL MULTI FAMILY, LOW INTENSITY; AMENDING THE AFFECTED PORTIONS OF THE CITY' S ZONING DISTRICTS MAP TO CORRESPOND WITH SAID CHANGES; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. WHEREAS, the Bath Club, Inc . has requested that the City' s Comprehensive Zoning Ordinance No. 89-2665 be amended by rezoning a parcel of land located at 5937 Collins Avenue, known as "the Bath Club" , and having the legal description of Tract 1, the Bath Club Property, according to the Plat thereof, recorded in Plat Book 40 , at Page 14 , of the Public Records of Dade County, Florida, from the current RM-3 , Residential Multi Family, High Intensity Zoning District classification to RM-1, Residential Multi Family, Low intensity, and that the City' s Zoning Districts Map be amended in accordance with these changes; and WHEREAS, the City' s Planning, Design and Historic Preservation Services Division has recommended in favor of the Bath Club' s request; and WHEREAS, on December 23 , 1993 , the City' s Planning Board held a public hearing to consider the aforestated request, after which the Board voted 7 to 0 to recommend in favor of the request; and WHEREAS, the requested change in zoning district classification is consistent with the existing low density of the site; and WHEREAS, the City Commission believes that a reduction in permitted residential density will improve the quality of life for residents of the City of Miami Beach; and WHEREAS, said reduction in residential density will lessen the potential future demand on utility infrastructure, recreation facilities, road and municipal services provided by the City of Miami Beach. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 . AMENDMENT TO ZONING DISTRICTS AND MAP OF COMPREHENSIVE ZONING ORDINANCE. That the Mayor and City Commission hereby amend the Zoning Districts and Zoning District Map of City of Miami Beach Comprehensive Zoning Ordinance No. 89-2665 by changing the zoning district classification of a parcel of land located at 5937 Collins Avenue, known as "the Bath Club" , and having the legal description of Tract 1, the Bath Club Property, according to the Plat thereof, recorded in Plat Book 40 , at Page 14 , of the Public Records of Dade County, Florida, from the current RM-3 , Residential Multi Family, High Intensity Zoning District classification to RM-1, Residential Multi Family, Low Intensity. SECTION 2 . REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3 . SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4 . EFFECTIVE DATE. This Ordinance shall take effect on the 30th day of April , 1994 . PASSED AND ADOPTED this 20th day of April. / ATTEST: A_ II\ MAYOR ' -6(_,iLla,\A- --C- s-viy\,,-,— t CITY CLERK 1st reading 4/6/94 2nd reading 4/20/94 SWS:scf:disk6\bathclub.ord FORM APPROVED LEGAL DEPT, 2 E„ �.�_�� D„,.,e 5ws 2-7-41 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER LRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 11D '/L/ TO: Mayor Seymour Gelber and DATE: April 20, 1994 Members of the City Commission FROM: Roger M. Carat.•'4 . /1‘: City Manager SUBJECT: SECOND READING - APPLICATION FROM THE BATH CLUB, INC. , REQUESTING A ZONING DISTRICT CHANGE FOR THE PROPERTY AT 5937 COLLINS AVENUE FROM RM-3 (RESIDENTIAL MULTI-FAMILY HIGH INTENSITY) TO RM-1 (RESIDENTIAL MULTI-FAMILY LOW INTENSITY) RECOMMENDATION The Administration recommends that the City Commission, upon holding a public hearing, adopt on second reading the request from the Bath Club, Inc. to rezone its property at 5937 Collins Avenue from RM-3 to RM-1. BACKGROUND The applicant, the Bath Club, Inc. , is requesting to change the Official Zoning District Map of the City of Miami Beach for the property located at 5937 Collins Avenue from the RM-3 (Residential Multi-Family High Intensity) classification to the RM-1 (Residential Multi-Family Low Intensity) classification. The subject property is currently utilized as a private beach club which was originally constructed in 1927 . The site contains approximately 230, 124 square feet or 5.28 acres. The Atlantic Ocean beachfront abounds the property to the East and Collins Avenue right-of-way abuts the West property line for approximately 308 linear feet. The existing site consists primarily of low rise buildings less than thirty (30) feet in height with an existing Floor Area Ratio, FAR, of less than one, (1. 0) . The existing use of the property is a legal non-conforming use which would not be affected by a change in zoning classification. The Planning Board, at its December 21, 1993 meeting, voted 7-0 to recommend approval of the proposed downzoning. The City Commission, at its meeting of April 6, 1994, voted 6-0 to approve this amendment. ANALYSIS In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board considered the following criteria and found each to be consistent based on staff analysis: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; 60 AGENDA I ITEM DATE "' -zo- Consistent - The down zoning of the property will meet the criteria for public purpose basis as contained in the 9J-5 legislation of the State Statutes. The change in land use from residential high intensity to residential low intensity is in compliance with the Department of Community Affairs objective to foster improved hurricane evacuation response times in high hazard areas especially on oceanfront properties. The down zoning will also reduce the number of new apartment units that potentially may be built on the site in the future. This also conforms to the DCA objective to reduce the densities in high hazard areas. The down zoning is also consistent with the Future Land Use Map, (FLUM) , in that the proposed FAR densities are no greater than those indicated on said map. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Consistent - The change in Zoning designation would continue as a multi-family residential district and, therefore, would relate in the surrounding area. 3 . Whether the change suggested is out of scale with the needs of the neighborhood or the City; Consistent - The change is consistent with the existing low density character of the site and is in scale with the overall needs of the City and the neighborhood to reduce development density. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - The LOS for the area public facilities and infrastructure should not be negatively affected by the change. The future potential LOS for the site and area will be improved based on the possible decreased density allowed under the RM-1 zoning regulations instead of the present RM-3 zoning classification. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Consistent - The proposed change encompasses the entire site. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - The use of the subject property as a private club has not changed since its inception in 1927 and is not expected to change any time in the immediate future. However, in the event that there is a change in ownership which would allow the site to be redeveloped for multi-family residential use, this change will limit the density and height of such use. - 2 - 61 7 . Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - The proposed change should not affect living conditions or the Quality of Life for the surrounding properties. In the event the existing private club was demolished and new residential construction was built, the decreased density resulting from the new development built under the RM-1 regulations would have a far less effect on the surrounding properties than new construction built under the existing RM-3 permissible density. 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - The change in zoning intensity would lessen any future increased traffic in the event new residential construction is built on the site than that amount of traffic which would occur under the current Zoning regulations. The change would not increase traffic congestion beyond the existing LOS established for the area. 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Consistent - The current RM-3 designation does not at the present time have a height restriction. The RM-1 designation has a height restriction of fifty (50) feet, thereby lessening the potential for future development to seriously reduce light and air. 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - The surrounding property values should not be affected by the down zoning of the subject property. By providing for a height restriction, the adjoining properties might further increase in value since the views from the upper floors would be preserved. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Consistent - The down zoning of this site will not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the down zoning should not affect the ability for an adjacent property to be developed in accordance with said regulations. - 3 - 62 12 . Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Not Applicable - ( Note: The change in zoning designation would not effect the current non- conforming use of the property. ) 13 . Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Not Applicable - This review criteria is not applicable to this Zoning change request. In addition to the above analysis, the following gives some insight into the effect the proposed zone change would have on potential density on the site. Based on the current RM-3 zoning classification regulations, the site could be developed to a maximum Floor Area Ratio (FAR) of six (6. 0) , or approximately 1. 38 million square feet of habitable building area, excluding the required parking garage. This could translate in the current residential marketplace into a building with approximately 1, 240 residential apartments with 1, 000 sq. ft. of floor area per unit. The parking requirement would consist of 1,860 parking spaces and 14 loading spaces for this construction. The maximum density under the RM-3 classification could be approximately 1, 550 units at an average of 800 sq. ft. each. There is no current height restriction for this zoning district. The RM-1 zoning classification regulations impose a fifty (50) foot height limit with a maximum FAR of two (2.0) . This would translate into a hypothetical building in today's marketplace with approximately 460,248 sq. ft. of habitable floor area or approximately 414 apartment units of 1, 000 sq. ft. each. The required parking for such a building would consist of 621 parking spaces and 7 loading zones. The maximum density on the site, under the RM-1 classification, would be approximately 520 units at an average of 800 sq. ft. each. If approved, the down-zoning to the RM-1 classification would effectively reduce the density of the site to one third of the permissible existing density under the RM-3 zoning classification. While the City Attorney has opined that the revenue loss issue is not a matter for discussion during the City Commission's deliberation, the potential revenue loss was requested by a member of the City Commission. The City has estimated that the assessed value of the site will be reduced as a result of this downzoning from $ 11,506, 750.00 to $8, 056,750. 00, effectively reducing the yearly property tax from $121, 384.71 to approximately $85, 384. 00, a reduction of approximately $36, 000 based on current millage. All other jurisdictions would be similarly impacted, resulting in a projected $100, 000 annual tax savings for the Bath Club. CONCLUSION The Administration has concluded that the request is in compliance with the review criteria and is in keeping with the goals of the City's Comprehensive Plan; therefore, it is recommended that the City Commission, adopt on second reading, the proposed downzoning Ordinance. 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