92-2784 ORD
ORDINANCE NO.
92-2784
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: AMENDING
SECTION 6, "SCHEDULE OF DISTRICT REGULATIONS," AMENDING
SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL HIGH INTENSITY" BY
CLARIFYING REHABILITATION STANDARDS FOR OCEANFRONT
PROPER TIES TO ALLOW FOR RETAIL/OFFICE AREAS AND BY
AMENDING THE REGULATIONS FOR CERTAIN USES WHEN LOCATED
ON THAT PORTION OF LINCOLN ROAD THAT IS CLOSED TO TRAFFIC;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A
REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the amendments to Sub-section 6-8 set forth herein would be in keeping
with the evolving development goals and objectives of the City; and
WHEREAS, the City Commission believes that the amendments contained herein are
necessary to the welfare of the citizens of the City of Miami Beach, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA:
Underlined words = new language
Strike out = deleted language
SECTION 1. That Subsection 6-8 of Zoning Ordinance No. 89-2665, entitled "CD-3
Commercial, High Intensity" is hereby amended as follows:
6-8 CD-3 COMMERCIAL, HIGH INTENSITY.
A. Purpose and Uses
1. District Purpose 2. Main Pennitted Uses 3. Conditional Uses 4. Accessory Uses
This district is designed to Commercial Uses; Apartments; Adult Congregate Living See Section 6-21.
accommodate a highly Apartment/Hotels; Hotels. Facilities; Nursing Homesj
concentrated business core in Oceanfront properties in the religious Institution; public
which activities serving the Architectural District shall not and private Institutions;
entire City are located. be permitted to have ~ retail Schools.
and/or office areas totallinll: When located on that portion
more than 250 SQ-ft. unless the of Lincoln Road that is closed
~ Building is rehabilitated to traffic. these uses shall
according to the South Florida comply with Sec. 6-8.A.5.
Building Code, the Miami
Beach Property Maintenance
Standards, and Fire Prevention
and Safety Codes and if it is a
Historic Structure the U.S.
Secretary of the Interior
Standards for Rehabilitation
and Guidelines for
Rehabilitating Historic
Structures. Offices are
prohibited on the ground floor
on that portion of Lincoln Road
which is closed to traffic. unless
the office area is located in a
mezzanine. or at least 75 ft,
back from the storefront: also
Apartments. Apartment/Hotels
and Hotels located on that
portion of Lincoln Road shall
complv with Sec. 6-8.A.5. Vae&
tRat sel'ie .A.leaRalie ge'lelages
as listea iR SestiaR 12 (Alssaslis
ge'lelages).
5. Apartments. Apartment/Hotels. Hotels and the Conditional Uses. as described
above. which are located on that portion of Lincoln Road that is closed to
traffic. may have first floor entrances and lobbies occupying UP to 20% of their
total Street frontage(s). The remainder of their first floor frontage shall consist
solei v of Commercial Uses. extending back at least 75 ft. from the Street
fron ta gee s ).
B. Development Regulations
Lot Area Lot Area Lot Area Lot Area Lot Area Lot Area
equal to or between between 37,500 between between 60,000 greater than
leu than 22,500 and and 44,999 45,000 and and 74,999 75,000 sq.ft.
22,499 sq.ft. 37,499 sq.ft. sq.ft. 59,999 sq.ft. sq.ft.
1. Base FAR 1.25 2.00 2.75 3.50 4.25 5.00
2. Maximum FAR 2.25 3.00 3.75 4.50 5.25 6.00
with bonUllell
(See Sec.
6-g2S)
SECTION 2. 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 3. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith
be and the same are herewith repealed.
SECTION 4. SEVERABILITY. If any section, subsection, clause or provlSlon of this
Ordinance is held invalid, the remainder shall not be affected by such invalidity.
SECTION S. EFFECTIVE DATE. This Ordinance shall take effect on the
of June , 1992.
27th
day
PASSED and ADOPTED this
1992.
ATTEST:
1 '/' A;l -) /,
J.A,{!jLa~d (~. /)ltrUIL I/;~t
CITY CLERK / 7J
/!a-fa&~ ,Xdt,ve;!-
/([~) it {~ (
1st reading 6/3/92 as amended
2nd reading 6/17/92
DJG/ JGG
First Reading 6-3-92
Second Reading 6-17-92
c:\ wp\jgg\pb\LR.92
FORM APPROVED
LEGAL DEPT.
By ')L~~~}f; i..}~.Jt.~l4Z{
Date (, - to - '1-;2
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) 673-7782
COMMISSION MEMORANDUM-NO..~~~\~
DATE:
June 17, 1992
TO:
FROM:
Mayor Seymour Gelber and
Members of the City Commission
Roger M. Carlt ~ I " [\ A
City Manager ~
SUBJECT:
AMENDMENTS TO ZONING ORDINANCE 89-2665,
SUB-SECTION 6-8/TECHNICAL AMENDMENTS III-C -
(INCLUDING OFFICES ON LINCOLN ROAD) SECOND READING
ADMINISTRATIVE RECOMMENDATION
The Administration recommends that the City Commission approve on second reading these
proposed amendments to Zoning Ordinance 89-2665, Subsection 6-8, in light of the
recommendation for approval from the Planning Board and the approval, as amended, by the
Commission on June 3. The Ordinance has been amended to reflect the change proposed by
Commissioner Pearlson relative to retail uses in CD-3 zoned oceanfront properties in the
Architectural District.
BACKGROUND
On September 24 and October 3, 1991, the Planning Board held a public hearing on a package
of amendments to Zoning Ordinance 89-2665, otherwise known as Technical Amendments III.
The Board voted to recommend approval of most of this amendment package, including those
amendments to. Sub-Section 6-8 of the Ordinance. Said action was duly transmitted to the
Commission which then scheduled a public hearing on October 9, 1991 to hear the Planning
Board's recommendation. After this first reading, the Commission voted to approve the
amendments to the Ordinance.
At the City Commission's second reading of this matter, held on October 23, 1991, the Technical
Amendments III package was approved; however, the Commission also voted to defer a vote on
the amendments to Sub-Section 6-8 with the stated reason that further consideration and
deliberation was required. It was understood that the amendments to this Sub-Section would
necessarily be reviewed and voted upon by the new incoming Commission.
On February 5, 1992, the new City Commission held a public hearing on the proposed
amendments to Sub-Section 6-8. The Commission voted to defer this item for three months and
referred it back to the Planning Board for reconsideration since the statutory time for approval
from the original date of approval recommendation had elapsed. The Commission also
expressed a desire to hear from the Transition Team Committee on this issue during this
intervening period. The Planning Board held a new public hearing on the proposed amendments
on April 21, 1992 and voted 7-0 to recommend approval to the City Commission.
The City Commission, at its first reading hearing on June 3, 1992, voted to approve (7-0) the
proposed amendments to Subsection 6-8, subject to a change suggested by Commissioner
Pearlson exempting new retail or office areas of less than a total of 250 sq.ft. in Architectural
District oeanfront properties (in the CD-3) from the rehabilitation requirements.
34
. 1
AGENDA
ITEM
DATE
L -li-Cf2
ANAL YSIS
The following provides a brief analysis of the proposed amendments:
Under Sub-Section 6-8A.2, the permissibility of oceanfront properties to have retail and/or
office areas has been clarified to' read as it was intended as it relates specifically to .the
National Register Architectural District; in these instances, the building must be rehabilitated
according to the U.S. Secretary of the Interior Standards for Rehabilitation and Guidelines for'
Rehabilitating Historic Structures as well as all other cited codes and standards. Properties
which would be affected by this amendment are those east of Collins A venue, between 16th
and 21st Streets. With the new language vis-a-vis new retail/office areas totaling less than 250
sq.ft., introduced and adopted by the Commission on first reading, these uses would not trigger
the requirement for the entire building to be rehabilitated. As per other sections of the
Ordinance, retail and office uses outside the National Register Architectural District are
permitted in oceanfront properties without this rehabilitation requirement.
Under the same Sub-section, new language is being recommended which would permit offices
on the ground floor of buildings located on the closed portion of Lincoln Road, as long as they
are back 75 feet from the storefront. This amendment would allow ground floor space which
has long been vacant to be used for offices, without impacting on the retail character of
Lincoln Road itself; retail spaces would still be required for the front 75 feet depth of all
buildings.
Under Sub-Section 6-8A.3. anew reference is provided for conditional uses for proposed new
development restrictions on Lincoln Road requiring compliance with a new Sub-Section 6-8A.5.
This new subsection requires that all apartments, apartment/hotels, hotels and conditional uses
located on that portion of Lincoln Road closed to traffic limit their entrances and lobbies to
only 20% of their total street frontage; the balance of frontage must consist solely of
commercial (retail) uses.
CONCLUSION
These amendments are part of a larger package which was prepared for the City
Administration by the Planning and Zoning Department. As such, they are seen as necessary
to clarify issues, correct errors and refine ordinance language so that it is in keeping with the
evolving development goals and objectives of the City. The Administration concludes,
therefore, that the amendments to the Zoning Ordinance are of benefit to the City and the
approval process should proceed.
RMC:DJG:jm
commisn\6176-8.92
2
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