93-20887 Reso RESOLUTION NO. .93-20887
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING A
PUBLIC HEARING TO CONSIDER ADOPTING AN
ORDINANCE AMENDING COMPREHENSIVE ZONING
ORDINANCE NO. 89-2665, AMENDING SECTION 6,
ENTITLED "DEVELOPMENT REGULATIONS", AMENDING
SUBSECTION 6-2, ENTITLED "RM-1, RESIDENTIAL
MULTI FAMILY; LOW INTENSITY" BY ADDING A 50
FOOT HEIGHT RESTRICTION FOR NEW CONSTRUCTION
OR ADDITIONS FOR THOSE AREAS IN THE RM-1
DISTRICT WHICH DO NOT ALREADY HAVE A HEIGHT
RESTRICTION AS INDICATED ON THE ATTACHED MAP;
PROVIDING THAT THIS ORDINANCE SHALL SUPPLEMENT
ORDINANCE NO. 93-2853 ADOPTED ON JUNE 16,
1993; PROVIDING FOR INCLUSION IN THE ZONING
ORDINANCE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City's Planning, Design and Historic Preservation
Division has recommended that Subsection 6-2 , entitled "RM-1,
Residential Multi Family, Low Intensity" , of Section 6, entitled
"Development Regulations" of the City's Comprehensive Zoning
Ordinance No. ,89-2665 be amended by adding a fifty (50) foot height
restriction for new construction or additions for those areas in
the RM-1 District which do not already have height restrictions, as
indicated on the attached map; and
WHEREAS, on June 16, 1993 the Miami Beach City Commission.
adopted Ordinance No. 93-2853 which made these regulations
applicable to all areas within the City included in the RM-1
District except those areas shown in the map attached hereto; and
WHEREAS, these regulations should apply to all areas within
the City located within the RM-1 District; and
WHEREAS, on August 3, 1993 the City's Planning Board held a
public hearing and considered the aforesaid proposed amendment
which also makes the proposed restrictions applicable in the areas
indicated on the attached map, and the Board voted 6-0 in favor of
said amendment; 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.
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NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing to consider an ordinance amending Comprehensive Zoning
Ordinance No. 89-2665, amending Section 6, entitled "Development
Regulations" , amending Subsection 6-2 , entitled "RM-1, Residential
Multi Family, Low Intensity" by adding a fifty (50) foot height
restriction for new construction or additions for those areas in
the RM-1 District which do not already have a height restriction as
indicated on the attached map; providing that this ordinance shall
supplement Ordinance No. 93-2853 ; providing for inclusion in the
Zoning Ordinance; providing fdr repealer, severability and
effective date, is hereby called to be held before the Mayor and
City Commission in their chambers on the Third Floor of City Hall,
1700 Convention Center Drive, Miami Beach, Florida on October 20 ,
1993 , beginning at 5c15 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 81'h': day o/ SeptemberILes:___, 993.
ATTEST: '
.- /
W.YOR
e--(ZULCAAA A`AYVv\.
CITY CLERK
SWS:scf:disk4\devreg.res
FORM APPROVED
LEGAL DEPT.
la -SCD
Date 611)% S-2'<3 .
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010
FAX: (305) 673-7762
COMMISSION MEMORANDUM NO. Z4i.1
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission
SEPTEMBER 8, 1993
FROM: Roger M.
City Manager
SUBJECT: . AMENDMENT TO ZONING:ORDINANCE NO. 89-2665 RELATIVE TO
AMENDING THE R14-1, RESIDENTIAL MULTI-FAMILY LOW INTENSITY •
DISTRICT MAXIMUM BUILDING HEIGHT -- SETTING OF PUBLIC
HEARING -
ADMINISTRATION RECOMMENDATION
The City Administration recommends that the City Commission set a
date and time certain for a first reading public hearing on the
attached amendment to Zoning Ordinance No. 89-2665.
BACKGROUND •
The City Administration is requesting consideration of this clean,-
up amendment to- the Zoning Ordinance which would place a height
restriction on all properties located within the RM-1 Zoning
District. This request has been necessitated by a prior flawed
public notice which inadvertently excluded two small areas of the ' .
City, currently zoned RM-1, from the original Amendment Ordinance
limiting the height of all development in RM-1 Zoning Districts
outside of the Architectural District to 50 feet.
HISTORY
The Planning ,Board, at its meeting of March 30, 1993, voted 5-1 in
favor of recommending approval of a proposed amendment to impose a
50 ft. height limit in all RM-1 Zoning Districts, outside of the
Architectural District. The public hearing notice was published on
February 28, 1993 in the "Neighbors" section of the Miami Herald.
Inadvertently, two maps indicating RM-1 Zoning Districts were
omitted from this advertisement (see attached) . This problem was
further compounded by several property owners in these two areas
not being sent mailed notices. It has been determined by staff of
the Planning, Design and Historic Preservation Division and the
Legal Department that these two RM-1 Districts were effectively
excluded from the original Zoning Ordinance Amendment, due to this
flawed noticing.
Consequently, these two areas require a new hearing to ensure
proper legal notice has been provided. As such, the proposed
amendment represents the inclusion of these two areas of the City
zoned RM-1 into the original height limitation amendment. The
Planning Board, at its meeting of August 3, 1993, voted 6-0 to
recommend to the City Commission that the amendment be adopted.
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AGENDA f _771_,_ In
ITEM K V
DATE I 0' 9-3
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ANALYSIS -
The Administration believes that the City Commission should
consider adoption this proposed clean-up amendment to Zoning
Ordinance No. 89-2665 in order to rectify the omission of these two
RM-1 Zoning Districts from the Original Amendment Ordinance. By
imposing a height limitation in the RM-1 District, the City now has
a zoning classification which purposefully encourages Low
Intensity, Low-Rise, Single and Multiple Family developments that
is in keeping with the district's purpose. The RM-1 District, with
a height limitation, serves as an appropriate low-rise buffer
between areas zoned single family and higher density commercial and
residential zoned areas. The two areas in question should have
•
this same restriction.
CONCLUSION
The Administration has concluded that the proposed amendment is
necessary in order to clean-up a flaw which has left two small
areas in the City zoned RM-1 without . a height limitation.
Accordingly, the City Commission should proceed to set a date and
• time certain for a first reading public hearing on the Ordinance in
question.
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