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98-22838 RESO RESOLUTION NO. 98-22838 A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting First Reading Public Hearings for Proposed Amendments to the Zoning Ordinance Currently Being Considered by the Planning Board Consisting of: 1. An Amendment to the Zoning Ordinance Which Would Reduce the Allowable Floor Area Ratios (FAR's) for Buildings in a Number of Zoning District Classifications (as more particularly described in the attached materials); and, 2. An Amendment to the Zoning Ordinance Which Would Rezone a Number of Areas on the Zoning Map from Their Existing Zoning District Classifications to New Zoning District Classifications (as more particularly described in the attached materials). WHEREAS, the Mayor and City Commission of the City of Miami Beach recognize that these amendments to the Zoning Ordinance are currently being considered by the Planning Board; and WHEREAS, these amendments require a 30 day mailed notice of public hearing; and WHEREAS, to enable the City Commission to hear the proposed amendments in a timely manner on first reading at its September 23, 1998 meeting, the Administration is requesting that the public hearings be set at this time, in anticipation of the Planning Board's expected action on July 20, 1998, or soon thereafter; NOW, THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: The City Commission hereby sets a time certain of ~~()Or'I'/I' on September 23, 1998, for first reading public hearings regarding the two proposed amendments to Zoning Ordinance 89-2665, referenced above and more particularly set forth in the attached ordinances. PASSED and ADOPTED thislS day of July, 1998. ATTEST: ~II MAYOR ~t ftu~ CITY CLERK APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION DJG\RGL\rgl F:\PLAN\$ALL\CC _ MEMOS\RES-ZONE. WPD 1f~ ....Ay Affomev Vt ~ITY OF MIAMI BEACH ;ITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 Ittp:\\ci. miami-beach. fl. us COMMISSION MEMORANDUM NO. ~O - 9 8' TO: Mayor Neisen O. Kasdin and Members of the City ommission ;1 DATE: July 15, 1998 FROM: Sergio Rodriguez City Manager SUBJECT: Setting of First Reading Public Hearings - Proposed Amendments to the Zoning Ordinance Currently Being Considered by the Planning Board Consisting of: 1. An Amendment to the Zoning Ordinance Which Would Reduce the Allowable Floor Area Ratios (FAR's) for Buildings in a Number of Zoning District Classifications (as more particularly described in the attached materials); and, 2. An Amendment to the Zoning Ordinance Which Would Rezone a Number of Areas on the Zoning Map from Their Existing Zoning District Classifications to New Zoning District Classifications (as more particularly described in the attached materials). RECOMMENDATION The Administration recommends that the City Commission set the required first reading public hearings for a time certain on September 23, 1998 for these proposed separate amendments to the Zoning Ordinance regarding Floor Area Ratios (FAR's), inclusive of use changes in the MXE District, and Zoning Map Changes. (Note: These amendments require a 30 day mailed notice of public hearing, and either the first or second reading must be held after 5:00 p.m.). BACKGROUND These amendments to the Zoning Ordinance are currently being considered by the Planning Board. On June 23, 1998 the Planning Board held public hearings to consider these proposed amendments; said hearings were continued to the July 20, 1998 special meeting of the Planning Board, at which time the Board expects to take action on the amendments. With respect to each amendment, attached are Alternative "A" (the original amendment as proposed by the Planning Board), and Alternative "B" (revised to include the Planning, Design and Historic Preservation Division staff recommendations) . These amendments require a 30 day mailed notice of public hearing. Therefore, to enable the City Commission to hear the proposed amendments in a timely manner on first reading at its September 23, 1998 meeting, the Administration is requesting that the public hearings be set at this time, in anticipation of the Planning Board's expected action on July 20, 1998. AGENDA ITEM Ci J DATE ,-/5-9 ~ It should be noted that a third companion amending ordinance regarding height limitations will also have first reading on September 23. Since this ordinance does not involve a change in zoning designation or permitted uses, it only requires one hearing, on second reading. CONCLUSION Based on the foregoing, the Administration recommends that the City Commission set the first reading public hearings regarding the two proposed amendments to Zoning Ordinance 89-2665, referenced above and more particularly set forth in the attached ordinances, for September 23, 1998. SR~\D~RGL\rgl F:\PLAN\$ALL\CC _MEMOS\ 1341 SET.98 attachments Staff Recommendations for Zoning Map Change ordinance (where different than the original Planning Board proposal)*. Refer to area number. 1- Staff Recommendation: Approve the rezoning as proposed. However if the Planning Board chooses not to approve this rezoning, then the Planning Board should modify the C-PS3 height restrictions to allow 100 feet on Oceanfront properties. 4- Staff Recommendation: Rezone the subject area to C-PS2 rather than C-PS 1 as originally proposed. 11 - Staff Recommendation: Rezone the subject area to RM-l, rather than RS-4 as proposed. 16- Staff Recommendation: Rezone this area to the TH Townhome district, rather than the RS-4 single-family district. 17 - Staff Recommendation: Rezone the northeast portion of the area as proposed. However, the southwest portion of the site, Lots 4 through 10, should remain zoned CD-I. 19- Staff Recommendation: Rezone the area to RM-l, rather than RS-3 as originally proposed. 28- Staff Recommendation: The area should remain CD-l and not be rezoned. 30 - Staff Recommendation: Rezone the area to RM-2, rather than RM-l as originally proposed. 31 - Staff Recommendation: The area should remain zoned HD Hospital District. *Note: The staff recommendations included in this report are of a preliminary nature and are subject to change. Staff is taking into consideration testimony presented to the Planning Board at its June 23, 1998 public hearing, and may revise said recommendations prior to the continuation of the public hearing on July 20, 1998. rJ1 E-- == e" - o~ E--== rJ1~ E--:;;;J ~~ ~~- ~ ~.~ ~-....t; ~rJ1Q < 0 >> - ~E--= ~~ 0< ~~ ~< ~~ o o ~ ~ ", '" = ", .s .:c ~ OD Q,l '1:1 .~ .~ = ::: ~ 8 e ~ g e ..... CJ -- :::: Q,l >< .... p::: eo: ...::E '; .. 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Zoning Map Changes Original proposal as Revised to include the proposed by the Planning Planning, Design and Board Historic Preservation Division staff recommendations. Heights Also included in package of proposed zoning changes to have first reading on September 23, but not included in this request for the setting of a public hearing since this ordinance does not involve a change in zoning designation or permitted uses, and only requires one hearing, on second reading. y~AFT ALTERNATIVE "A" PLANNING BOARD VERSION - AS ORIGINALLY PROPOSED ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY: AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", BY MODIFYING THE MAXIMUM FLOOR AREA RATIOS FOR THE FOLLOWING SUBSECTIONS: SUBSECTION 6-2, ENTITLED "RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY", SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY", SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI F AMIL Y, HIGH INTENSITY", SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY", SUBSECTION 6-10, ENTITLED "CCC CIVIC, CONVENTION CENTER DISTRICT"; AND DELETING LOT SIZE CATEGORIES SPECIFYING FLOOR AREA RATIOS FOR THE FOLLOWING SUBSECTIONS: SUBSECTION 6-2, ENTITLED "RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY", SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY", SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY", SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY"; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT", BY LIMITING THE USES PERMITTED ON NON-OCEANFRONT BUILDINGS WITH THREE STORIES OR MORE FRONTING COLLINS AVENUE FROM 8TH STREET TO 16TH STREET; AMENDING SUBSECTION 20, ENTITLED "PS PERFORMANCE STANDARD DISTRICTS" AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE STANDARD REGULATIONS", AMENDING SUBSECTIONS 20-4, (D) BY MODIFYING THE MAXIMUM FLOOR AREA RATIOS IN THE FOLLOWING PERFORMANCE STANDARD DISTRICTS: C-PS3, COMMERCIAL INTENSIVE MIXED-USE, C-PS4, COMMERCIAL INTENSIVE MIXED-USE PHASED BA YSIDE; AND, PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. 1 WHEREAS, the Planning Board has determined that modifying the floor area ratios for certain zoning districts is necessary to ensure that new development is compatible and in scale with the built environment of the City; and, WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have determined that changes relative to development regulations are necessary to ensure that new and future development is in the best interest of the City; and, WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have determined that increases to the floor area ratios by utilizing a sliding scale based on lot size are not in the best interests of the City; and, WHEREAS, the amendments set forth below are necessary to ensure all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89- 2665 of the City of Miami Beach, Florida is hereby amended as follows: SECTION 6 SCHEDULE OF DISTRICT REGULA nONS * * * 6-2 RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY * * * B. Development Regulations L6t Ar<:a <:qtlal t6 6r kss L6t Area greater than than 15,000 sq. ft. 15,000 sq. ft. 1. MItX. fAR ";/est side ef C611ms -+:4 A (<:ntle b<:h,<:<:n 76th Mid 79th Str<:<:t 1.4 6th<:!"'" is<: 1.25 2 L Max. FAR - 1.25: west side of Collins Avenue between 76th and 79th Street - 1.4 * * * 3 6-3 RM-2 RESIDENTIAL MULTI F AMIL Y, MEDIUM INTENSITY * * * B. Development Regulations L6t Area L6t Area eqtlal t6 6f 6.er 30,000 k33 than stt:*: 30,000 3q.ft. 1. Max. 2!-:G r.z.s. FAR: L Max. FAR - 1.75 * * * 6-4 RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY * * * B. Development Regulations * * * L6t Area L6t Mea L6t Mea Let Area L6t Area eql1al t6 6f ben. een ben. een bet\. een greater than less than 30,001 and -45,001 and 60,991 Mid 100,800 sq. 30,000 sq.ft. 45,998 3q.ft. 60,000 3q.ft. 100,990 fr. ~ 1. Max. ~ ~ 3-:00- 3.25 3-:-5&- FAR: L Max. FAR - 2.25: Architectural District - 1.5 * * * 4 6-8 CD-3 COMMERCIAL, HIGH INTENSITY * * * B. Development Regulations Lot Area Lot Area Lot Area Lot Area eC[t1al to or bet'..een bet'..een greater than k33 thttn 30,001 and 45,001 fl:f'Id 100,000 30,000 3q.ft. 45,000 3q.ft. 100,000 sttfr. sttfr. t Max. FAR I 2.50 I 3.00 I :He-- I 4.00 I 1. Max. FAR - 2.25: lots over 45.000 s.f. - 2.75 a. IIowc"ver, the Floor Area Ratio maximum fur residential dCvclopnlertt, inclusive of hotels, in the Architectural District shaH be 2.50 * * * 6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT * * * B. Development Regulations Lot Area Lot Area Lot Area be Lot Area be Lot Area be Lot Area eqtlal to or bet'.. een tv.een 37,500 tween 45,990 h. een 60,000 greftter than le:33 than 22,509 fl:f'Ia ll:l1a 44,999 ana 59,999 ll:l1a 74,999 75,000 3q.ft. 22,499 3q.ft. 37,4993q.ft. sttfr. sttfr. sttfr. EI M",. FAR 1.25 2.00 2.75 3.50 4.25 5.00 1. Max. FAR - 2.75 * * * 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT * * * C. Permitted Uses in existing Buildings at the time of adoption of this Sub-section with two (2) stories or less fronting on Ocean Drive or Ocean Terrace and any Building fronting on Collins Avenue from 6th to .8.fuJ-6th-Street shall comply with the following. 5 1. The entire Building shall be substantially renovated and comply with the South Florida Building Code, Fire Prevention Safety Code and the Property Maintenance Standards. If the Building is a Historic Structure, the plans shall substantially comply with the Secretary of the Interior Standards and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (Revised 1983) and as amended. 2. Such Buildings may contain offices (medical and dental offices are prohibited), retail, eating or drinking Uses and residential Uses or any combination thereof. Commercial Uses located above the ground floor shall only have access from the interior of the Building; no exterior access shall be permitted unless a Variance from this requirement is granted. 3. Required parking may be satisfied through participation in the Parking Impact Fee Program as set forth in Section 7-7 where applicable under the regulations contained therein. 4. No existing Building shall be internally re-constructed to change the number of stories except that 20% of each floor plate may be removed to create an open area or atrium. 5. For existing Buildings with two (2) stories or less fronting on Ocean Drive or Ocean Terrace, the addition of a story shall require that Commerical Uses comply with all provisions of Sub-section 6-21,D for accessory uses, unless a Variance from the provisions of Sub-section 6-21,D is granted. For purposes of example only, in Buildings described in the foregoing sentence, the existence of Commercial Uses on the ground floor which exceed 25% of the floor area shall not, upon the addition of one story, be deemed grandfathered in, and the percentage of Commercial Uses on the ground floor, upon the addition of one story, must comply with the requirements of Subsection 6-21,D except if a Variance is granted. 6. No Variances shall be granted from the requirements of Sub-section6-16,C except as specified in subparagraphs 6-16,C,2 and 6-16,C,5. 6 SECTION 2. That Subsection 20-4, entitled "Performance Standard Regulations" of Section 20, entitled "PS-Performance Standard District" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 20-4 PERFORMANCE STANDARD REGULATIONS * * * D. Table of Commercial Performance Standards Commercial Subdistricts Performance C- PS I C- PS2 C- PS3 C-PS4 Standard , * * * 4. Max. FAR 1.0 2.0 ~2.Q ~ 2...21. 5. Residential and Pursuant to all R- Pursuant to all R- Pursuant to all R- Pursuant to all R- Hotel PS2 district PS3 district PS4 district PS4 district Development regulation, f:Xf:f:l't regulations, f:Xf:f:l't regulations except regulations, MaXlfntlm maxtml:lm ol:lilding maxtml:lm Floor except maximum ol:lildmg hdght hdght felr Arf:a Ratie 3hall Of: Floor Area Ratio far re3identialand rf:3idential !l1'I.d 2.5 , no hf:ight shall be H 2...21., mixed l:l3f: mixed tl3f: rf:3trif:tien and ne hdght otlildmg3 3hall Of: otlildmg3 3hall Of: Open Space Ratio rf:31:rktien and =t5-ft:. =t5-ft:. .60 measured at or Open Space Ratio above Grade. .60 measured at or above Grade. * * * SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 7 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the ,1998. day of PASSED and ADOPTED this day of ,1998. MAYOR ATTEST: CITY CLERK Underlined';" new language t = deleted language F:\PLAN\$ALL\DRAFT _ OR\@PB\FARCHNGS.ORD DIG/lOG December 9, 1997 8 j)QJLtFT ALTERNATIVE "B" REVISED VERSION CONT AINING STAFF'S RECOMMENDATIONS ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY: AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", BY MODIFYING THE MAXIMUM FLOOR AREA RATIOS FOR THE FOLLOWING SUBSECTIONS: SUBSECTION 6-2, ENTITLED "RM-l RESIDENTIAL MULTI F AMIL Y, LOW INTENSITY", SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY", SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI F AMIL Y, HIGH INTENSITY", SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY", SUBSECTION 6-10, ENTITLED "CCC CIVIC, CONVENTION CENTER DISTRICT"; AND DELETING LOT SIZE CATEGORIES SPECIFYING FLOOR AREA RATIOS FOR THE FOLLOWING SUBSECTIONS: SUBSECTION 6-2, ENTITLED "RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY", SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI F AMIL Y, MEDIUM INTENSITY", SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY", SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY"; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT", BY LIMITING THE USES PERMITTED ON NON-OCEANFRONT BUILDINGS FRONTING COLLINS AVENUE FROM 8TH STREET TO 16TH STREET; AMENDING SUBSECTION 20, ENTITLED "PS PERFORMANCE STANDARD DISTRICTS" AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE STANDARD REGULATIONS", AMENDING SUBSECTIONS 20-4, (D) BY MODIFYING THE MAXIMUM FLOOR AREA RATIOS IN THE FOLLOWING PERFORMANCE STANDARD DISTRICTS: C-PS3, COMMERCIAL INTENSIVE MIXED-USE, C-PS4, COMMERCIAL INTENSIVE MIXED-USE PHASED BA YSIDE; AND, PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Planning Board has determined that modifying the floor area ratios for certain zoning districts is necessary to ensure that new development is compatible and in scale with the built environment of the City; and, WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have determined that changes relative to development regulations are necessary to ensure that new and future development is in the best interest of the City; and, WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have determined that increases to the floor area ratios by utilizing a sliding scale based on lot size are not in the best interests of the City; and, WHEREAS, the amendments set forth below are necessary to ensure all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89- 2665 of the City of Miami Beach, Florida is hereby amended as follows: SECTION 6 SCHEDULE OF DISTRICT REGULATIONS * * * 6-2 RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY * * * B. Development Regulations Lat Art:a t:ql1al ta ar k33 Lat Art:a grt:lttt:r than than 15,000 3q.ft. 15,000 3q.ft. 1. Max. FAR .. t:3t 3iat: af Callin3 --l-:4 A.t:nl1t: et:t\.t:t:n 76th ana 79th Strt:t:t 1.-4 t)tht:1"'.. i3t: 1.25 2 1... Max. FAR - 1.25: west side of Collins Avenue between 76th and 79th Street - 1.4 * * * 3 6-3 RM-2 RESIDENTIAL MULTI F AMIL Y, MEDIUM INTENSITY * * * B. Development Regulations Lat Area Lat Area eqtlal ta ar a.er 30,000 le:33 than ~ 30,000 3q.ft. 1. Max. r.e r.%5- AAR: 1.. Max. FAR - 1.75 * * * 6-4 RM-3 RESIDENTIAL MULTI F AMIL Y, HIGH INTENSITY * * * B. Development Regulations * * * Lat Area Lat Area Lat Area Lat Area Lat Area eql:lal to or behveen bet'.. een ben. een greater thMi le33 MiMi 30,001 and 45,001 Mid 60,00 land 100,000 3q. 30,000 3q.ft. 45,000 3q.ft. 60,0003q.ft. 100,000 it ~ 1. Mm<. I ~ I ~ I 3-:eG- I 3.25 I ~ I AAR: 1.. Max. FAR - 2.25: Architectural District - 2.0 * * * 4 6-8 CD-3 COMMERCIAL, HIGH INTENSITY * * * B. Development Regulations Lelt Area L6t Area L6t Area Lot Area eqtlal tel elr bet;, een bet'., een ~rettter than 1e:n tnltft JO,OOlllna 45,001 ana 100,000 30,000 sq. ft. 45,000 sq. ft. 100,000 sq4 sq4 +.- Max. FAR I 2.50 I 3.00 I ~ I 4.00 I 1" Max. FAR - 2.25: lots over 45.000 s.f. - 2.75 a. 'However, the Floor hotels, in the Arc^ * * * 6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT * * * B. Development Regulations Lot Area Let I.rea L6t Area be Let /.rea be L6t Area be L6t Area eqtlal tel elr bet'>. een t'"een 37,500 t'>,een 45,000 t'>, een 60,000 gretlter M\1tft k:n tnan 22,500 ana Ima 44,999 Itfta 59,999 ana 74,999 75,000 sq.ft. 22,499 sq. ft. 37,499 sq. ft. 9q4 9q4 9q4 tJ MM. FAR 1.25 2.00 2.75 3.50 4.25 5.00 1" Max. FAR - 2.75 * * * 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT * * * C. Permitted Uses in existing Buildings at the time of adoption of this Sub-section with two (2) stories or less fronting on Ocean Drive or Ocean Terrace and any Building fronting on Collins A venue from 6th to .81b..+6th-Street shall comply with the following. 5 1. The entire Building shall be substantially renovated and comply with the South Florida Building Code, Fire Prevention Safety Code and the Property Maintenance Standards. If the Building is a Historic Structure, the plans shall substantially comply with the Secretary of the Interior Standards and Guidelines for Rehabilitating Historic Structures, U.S. Department of the Interior (Revised 1983) and as amended. 2. Such Buildings may contain offices (medical and dental offices are prohibited), retail, eating or drinking Uses and residential Uses or any combination thereof. Commercial Uses located above the ground floor shall only have access from the interior of the Building; no exterior access shall be permitted unless a Variance from this requirement is granted. 3. Required parking may be satisfied through participation in the Parking Impact Fee Program as set forth in Section 7-7 where applicable under the regulations contained therein. 4. No existing Building shall be internally re-constructed to change the number of stories except that 20% of each floor plate may be removed to create an open area or atrium. 5. For existing Buildings with two (2) stories or less fronting on Ocean Drive or Ocean Terrace, the addition of a story shall require that Commerical Uses comply with all provisions of Sub-section 6-21,D for accessory uses, unless a Variance from the provisions of Sub-section 6-21,D is granted. For purposes of example only, in Buildings described in the foregoing sentence, the existence of Commercial Uses on the ground floor which exceed 25% ofthe floor area shall not, upon the addition of one story, be deemed grandfathered in, and the percentage of Commercial Uses on the ground floor, upon the addition of one story, must comply with the requirements of Subsection 6-2l,D except if a Variance is granted. 6. No Variances shall be granted from the requirements of Sub-section6-16,C except as specified in subparagraphs 6-16, C,2 and 6-16, C,5. 6 SECTION 2. That Subsection 20-4, entitled "Performance Standard Regulations" of Section 20, entitled "PS-Performance Standard District" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 20-4 PERFORMANCE STANDARD REGULATIONS * * * D. Table of Commercial Performance Standards Commercial Subdistricts Performance C- PS 1 C-PS2 C-PS3 C-PS4 Standard , * * * 4. Max. FAR 1.0 2.0 H2.Q H 2....2i 5. Residential and Pursuant to all R- Pursuant to all R- Pursuant to all R- Pursuant to all R- Hotel PS2 district PS3 district PS4 district PS4 district Development regulation, exee!'t regulations, exee!'t regulations except regulations, maximl:lm maximl:lm b1:lilding mltXtm1:lm Floor except maximum b1:lilding height height for Area R:Mio 3hall be Floor Area Ratio far re3idential Imd re3idential tmd 2.5 , no height shall be H 2....2i, mixed 1:I3e mixed 1:I3e re3trietien and no height btlilding3 3hall be: b1:lildmg3 3hall be Open Space Ratio re3trietion and 9-5-ft:- 9-5-ft:- .60 measured at or Open Space Ratio above Grade. .60 measured at or above Grade. * * * SECTION 3. 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 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. 7 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the ,1998. day of PASSED and ADOPTED this day of ,1998. MAYOR ATTEST: CITY CLERK Underlined ~ new language t = deleted language F:\PLAN\$ALL\DRAFT _ OR\@PB\FARCHNGS.ALT DJG/JGG December 9, 1997 8 j)~HFT ALTERNATIVE "A" PLANNING BOARD VERSION - AS ORIGINALLY PROPOSED ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY REZONING THE PROPERTIES AS LISTED BELOW FROM THE EXISTING ZONING DISTRICT CLASSIFICATIONS AS LISTED, TO THE PROPOSED ZONING DISTRICT CLASSIFICATIONS AS LISTED; See Area General Description of Area Existing Zoning District Proposed Zoning Number Classification District Classification IN THE AREA SOUTH OF 23RD STREET, (SEE MAP 1): 1 Area generally South of Biscayne Street C-PS3, Commercial R-PS4, Residential Intensive Mixed Use High Density 2 Area bounded by Ocean Drive on the R-PS4, Residential High R-PS3, Residential East, Fourth Street on the North, Collins Density Medium-High Density A venue on the West, and First Street on the South 3 Area bounded by Ocean Drive on the C-PS2, Commercial R-PS3, Residential East, Fifth Street on the North, Collins General Mixed Use Medium-High Density Avenue on the West, and Fourth Street on the South 4 Area bounded by West A venue on the C-PS4, Commercial C-PSl, Commercial East, the North Line of Lot 2, Block 1 General Mixed Use Limited Mixed Use of the Amended Plat of the Aquarium Site Resubdivision on the North, Biscayne Bay on the West, and Fifth Street on the South 5 Those properties fronting on the East RM - 3, Residential High RM -1 Residential Low side of West A venue, from Thirteenth Intensity Intensity Street on the North, to South Shore Hospital on the South 6 The West 75 feet of Lots 7 and 8, Block CD-2, Commercial RO, Residential Office 35 of Ocean Beach Addition #3 Medium Intensity 7 Those properties fronting on the East CD-2, Commercial RO, Residential Office side of Pennsylvania A venue, from Medium Intensity Eleventh Street on the North, to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition #3 on the South 8 Those properties fronting on the West CD-I, Commercial Low RO, Residential Office side of Drexel A venue, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 9 Those properties fronting on the East CD-I, Commercial Low RO, Residential Office side of Alton Road, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 10 , Area bounded by West A venue on the RM-3, Residential High RM-2, Residential East, Fourteenth Street on the North, Intensity Medium Intensity Biscayne Bay on the East, and the South Property line of those properties located along the South side of Monad Terrace on the South; plus Lot 7, Block 43 of ALTON BEACH REALTY COMP ANY'S BA YFRONT SUBDIVISION 11 Area bounded by West A venue on the RM-2, Residential RS-4, Residential East, Fifteenth Street on the North, Bay Medium Intensity Single Family Road on the West, and Fourteenth Street on the South 12 Lot 1, Block 46 of LINCOLN RM-l, Residential Low CD-I, Commercial SUBDIVISION Intensity Low Intensity 13 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM-3, Residential the East, Twenty-first street on the Intensity High Intensity North, Collins Avenue on the West, and Sixteenth Street on the South 14 Area bounded by Collins A venue on the CD-3, Commercial High CD-2, Commercial East, Twenty-first Street on the North, Intensity Medium Intensity Liberty A venue on the West, and Twentieth Street on the South 15 Those properties fronting on the West RM-2, Residential RM -1 Residential Low side of Meridian A venue, from Dade Medium Intensity Intensity Boulevard on the North, to Seventeenth Street on the South 16 Those properties fronting on Jefferson RM -1, Residential Low RS-4, Residential A venue, Michigan A venue and Lenox Intensity Single Family A venue, located south of Dade Boulevard and North of Seventeenth Street; excluding the Southernmost three (3) lots fronting on each side of Jefferson Avenue, Michigan Avenue and Lenox Avenue North of Seventeenth Street 17 Area bounded by Michigan A venue on CD-I, Commercial Low RM-l Residential Low the Northeast, Alton Road on the Intensity Intensity Northwest, and Nineteenth Street on the South 18 Lots 4 through 13, of AMENDED PLAT RM-2, Residential RM -1 Residential Low , OF LOT I BLOCK I OF MID-GOLF Medium Intensity Intensity SUBDIVISION (30-19) 19 Lots 1-3 and Lots 14-15, of AMENDED RM-2, Residential RS- 3, Residential PLAT OF LOT 1 BLOCK 1 OF MID- Medium Intensity Single Family GOLF SUBDIVISION (30-19) 20 Area bounded by Park A venue on the CD-3, Commercial High RM-2, Residential East, the Collins Canal on the Intensity Medium Intensity Northwest, and Twenty-second Street on the South 21 Area bounded by Collins A venue on the CD- 3, Commercial High CD-2, Commercial East, the Collins Canal and Lake Intensity Medium Intensity Pancoast on the North and Northwest, Park Avenue on the West, and Twenty- second Street on the South; excluding Lots 6,8, & 10, Block 1 of MIAMI BEACH IMPROVEMENT COMPANY'S OCEAN FRONT PROPERTY 22 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM - 3, Residential the East, Twenty-fourth Street on the Intensity High Intensity North, Collins Avenue on the West, and Twenty-second Street on the South IN THE AREA BETWEEN 23RD STREET AND 51ST STREET, (SEE MAP 2): 23 Lots 27 & 28, Block 3 FLAMINGO CD-I, Commercial Low RS-2, Residential TERRACE SUBDIVISION (10-3) Intensity Single Family 24 Lots 1-4, FLAMINGO BAY CD-3, Commercial High RM-3, Residential SUBDIVISION (6-101) Intensity High Intensity 25 All the Lots of Block 3 41 ST STREET CD-3, Commercial High RM -1, Residential Low BUSINESS SUBDIVISION Intensity Intensity 26 Lot E and Lots 52,53 and 54, Block 1 RM-3, Residential High RM-2, Residential NAUTILUS SUBDIVISION Intensity Medium Intensity 27 Lot 44, Block 1 NAUTILUS TH, T ownhome District RS-4, Residential SUBDIVISION Single Family 28 Area bounded by Municipal Parking lot CD-I, Commercial Low RM-l, Residential Low on the East, Forty-seventh Court on the Intensity Intensity North and West, and Forty-seventh Street on the South IN THE AREA NORTH OF 51ST STREET, (SEE MAP 3): 29 Area bounded by the Atlantic Ocean on CD- 3, Commercial High RM - 3, Residential , the East, the South line of the City Park Intensity High Intensity located at 6475 Collins Avenue on the North, Collins Avenue on the West, and the North Line of BATH CLUB PROPERTY TRACT I on the South 30 Area bounded by Collins A venue on the RM-3, Residential High RM -1, Residential Low East, Sixty-third Street on the North, Intensity Intensity Indian Creek Waterway on the West, and the North line of BATH CLUB PROPERTY TRACT 3 on the South 31 Allison Island, South of 63rd Street HD, Hospital District TH, Townhome District 32 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM-3, Residential the East, Seventy-second Street on the Intensity High Intensity North, Collins Avenue on the West, and the North line of the City Park located at 6475 Collins Avenue on the South 33 Lots 22-40, Block 3 AMENDED PLAT RM-2, Residential RM-1, Residential Low OF SECOND OCEAN FRONT Medium Intensity Intensity SUBDIVISION (28-28); together with the Area bounded by Harding Avenue on the East, Sixty-ninth Street on the North, and Indian Creek Drive on the Southwest; together with Blocks E, H, J & N, CORRECTED PLAT OF ATLANTIC HEIGHTS; together with Lots 6 & 7, Block 16 NORMANDY BEACH SOUTH (21-54); together with Lots 4 through 10, Block 14; Lots 4 through 9, Block 13; and Lots 4 through 6, Block 12; all of NORMANDY BEACH SOUTH (21-54) 34 ' Lots 3-5, Block 15; Block 17; Block 1; CD-3, Commercial High RM -1, Residential Low Lots 1-4 and 9-12, Block 2; Block 3; Intensity Intensity Lots 1-4 and 9-12, Block 4; Lots 1-4 and 9-12, Block 5; and Lots 1-4, Block 6; all of NORMANDY BEACH SOUTH (21-54) 35 Those properties fronting on the South CD-2, Commercial RM -1, Residential Low side of Marseille Drive, from Rue Notre Medium Intensity Intensity Dame on the West, to Bay Drive on the East; along with those properties fronting on the North side of Normandy Drive, from Rue Notre Dame on the West, to the West line of Lot 31, Block 9 of ISLE OF NORMANDY OCEAN SIDE SECTION (25-60) on the East 36 Those properties fronting on the East CD-2, Commercial CD-1, Commercial side of Harding Avenue, from Seventy- Medium Intensity Low Intensity fifth Street on the North, to Seventy- third Street on the South 37 Area bounded by Collins Avenue on the East, Seventy-ninth Street on the North, Harding Avenue on the West, and Seventy- fifth Street on the South; together with the Area bounded by Harding Avenue on the East, Eighty- Third Street on the North, Abbott Avenue on the West, and Seventy-third Street on the South; together with the Area bounded by Abbott A venue on the East, Eighty-second Terrace on the North, Byron Avenue on the West, and Eightieth Street on the South; together with Lots 1-4, Block 7 HAYNSWORTH BEACH SUBDIVISION; together with , Lots 1 and 2, Block 1 TATUM WATERWAY SUBDIVISION (46-2); together with the Southernmost four (4) lots North of Seventy-third Street between Abbott A venue and Dickens Avenue 38 Area bounded by the Atlantic Ocean on the East, Eighty-seventh Terrace on the North, Harding Avenue on the West, and Eighty-seventh Street on the South; excluding Lot 1 Block 11 ALTOS DEL MAR NO. 2 (4-162) RM-2, Residential Medium Intensity RM -1, Residential Low Intensity RM-3, Residential High Intensity RM-2, Residential Medium Intensity AMENDING THE AFFECTED PORTIONS OF THE CITY'S ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has undertaken a comprehensive review to study the zoning district classifications in all areas within the Municipality; and WHEREAS, amending the zoning of the properties listed below as provided herein is necessary to insure that development of those properties will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS OF 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 contained in Comprehensive Zoning Ordinance No. 89-2665 by changing the zoning district classifications of the following properties as listed below, from the existing zoning district classifications as listed, to the proposed zoning district classifications as listed: See Area General Description of Area Existing Zoning District Proposed Zoning Number Classification District Classification IN THE AREA SOUTH OF 23RD STREET, (SEE MAP 1): 1 Area generally South of Biscayne Street C-PS3, Commercial R-PS4, Residential Intensive Mixed Use High Density 2 Area bounded by Ocean Drive on the R-PS4, Residential High R-PS3, Residential East, Fourth Street on the North, Collins Density Medium-High Density Avenue on the West, and First Street on the South 3 Area bounded by Ocean Drive on the C-PS2, Commercial R-PS3, Residential East, Fifth Street on the North, Collins General Mixed Use Medium-High Density Avenue on the West, and Fourth Street on the South 4 Area bounded by West A venue on the C-PS4, Commercial C-PSl, Commercial East, the North Line of Lot 2, Block 1 General Mixed Use Limited Mixed Use of the Amended Plat of the Aquarium Site Resubdivision on the North, Biscayne Bay on the West, and Fifth Street on the South 5 Those properties fronting on the East RM-3, Residential High RM -1 Residential Low side of West A venue, from Thirteenth Intensity Intensity Street on the North, to South Shore Hospital on the South 6 The West 75 feet of Lots 7 and 8, Block CD-2, Commercial RO, Residential Office 35 of Ocean Beach Addition #3 Medium Intensity 7 Those properties fronting on the East CD-2, Commercial RO, Residential Office side of Pennsylvania Avenue, from Medium Intensity Eleventh Street on the North, to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition #3 on the South 8 Those properties fronting on the West CD-I, Commercial Low RO, Residential Office side of Drexel Avenue, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 9 Those properties fronting on the East CD-l, Commercial Low RO, Residential Office side of Alton Road, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 10 Area bounded by West A venue on the RM - 3, Residential High RM-2, Residential East, Fourteenth Street on the North, Intensity Medium Intensity Biscayne Bay on the East, and the South Property line of those properties located along the South side of Monad Terrace on the South; plus Lot 7, Block ,43 of ALTON BEACH REALTY COMPANY'S BA YFRONT SUBDIVISION 11 Area bounded by West A venue on the RM-2, Residential RS-4, Residential East, Fifteenth Street on the North, Bay Medium Intensity Single Family Road on the West, and Fourteenth Street on the South 12 Lot 1, Block 46 of LINCOLN RM-l, Residential Low CD-I, Commercial SUBDIVISION Intensity Low Intensity 13 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM - 3, Residential the East, Twenty-first street on the Intensity High Intensity North, Collins Avenue on the West, and Sixteenth Street on the South 14 Area bounded by Collins A venue on the CD-3, Commercial High CD-2, Commercial East, Twenty-first Street on the North, Intensity Medium Intensity Liberty Avenue on the West, and Twentieth Street on the South 15 Those properties fronting on the West RM-2, Residential RM-l Residential Low side of Meridian A venue, from Dade Medium Intensity Intensity Boulevard on the North, to Seventeenth Street on the South 16 Those properties fronting on Jefferson RM -1, Residential Low RS-4, Residential A venue, Michigan A venue and Lenox Intensity Single Family A venue, located south of Dade Boulevard and North of Seventeenth Street; excluding the Southernmost three (3) lots fronting on each side of Jefferson A venue, Michigan Avenue and Lenox A venue North of Seventeenth Street 17 Area bounded by Michigan A venue on CD-I, Commercial Low RM -1 Residential Low the Northeast, Alton Road on the Intensity Intensity Northwest, and Nineteenth Street on the South 18 Lots 4 through 13, of AMENDED PLAT RM-2, Residential RM -1 Residential Low , OF LOT 1 BLOCK 1 OF MID-GOLF Medium Intensity Intensity SUBDIVISION (30-19) 19 Lots 1-3 and Lots 14-15, of AMENDED RM-2, Residential RS-3, Residential PLAT OF LOT 1 BLOCK 1 OF MID- Medium Intensity Single Family GOLF SUBDIVISION (30-19) 20 Area bounded by Park A venue on the CD-3, Commercial High RM-2, Residential East, the Collins Canal on the Intensity Medium Intensity Northwest, and Twenty-second Street on the South 21 Area bounded by Collins A venue on the CD- 3, Commercial High CD-2, Commercial East, the Collins Canal and Lake Intensity Medium Intensity Pancoast on the North and Northwest, Park Avenue on the West, and Twenty- second Street on the South; excluding Lots 6, 8, & 10, Block 1 of MIAMI BEACH IMPROVEMENT COMPANY'S OCEAN FRONT PROPERTY 22 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM - 3, Residential the East, Twenty-fourth Street on the Intensity High Intensity North, Collins Avenue on the West, and Twenty-second Street on the South IN THE AREA BETWEEN 23RD STREET AND 51ST STREET, (SEE MAP 2): 23 Lots 27 & 28, Block 3 FLAMINGO CD-I, Commercial Low RS-2, Residential TERRACE SUBDIVISION (10-3) Intensity Single Family 24 Lots 1-4, FLAMINGO BAY CD-3, Commercial High RM - 3, Residential SUBDIVISION (6-101) Intensity High Intensity 25 All the Lots of Block 3 41 ST STREET CD-3, Commercial High RM-l, Residential Low BUSINESS SUBDIVISION Intensity Intensity 26 Lot E and Lots 52, 53 and 54, Block 1 RM - 3, Residential High RM-2, Residential NAUTILUS SUBDIVISION Intensity Medium Intensity 27 Lot 44, Block 1 NAUTILUS TH, T ownhome District RS-4, Residential SUBDIVISION Single Family 28 Area bounded by Municipal Parking lot CD-I, Commercial Low RM-1, Residential Low on the East, Forty-seventh Court on the Intensity Intensity North and West, and Forty-seventh Street on the South IN THE AREA NORTH OF 51ST STREET, (SEE MAP 3): 29 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM - 3, Residential , the East, the South line of the City Park Intensity High Intensity located at 6475 Collins Avenue on the North, Collins Avenue on the West, and the North Line of BATH CLUB PROPERTY TRACT 1 on the South 30 Area bounded by Collins Avenue on the RM-3, Residential High RM -1, Residential Low East, Sixty-third Street on the North, Intensity Intensity Indian Creek Waterway on the West, and the North line of BATH CLUB PROPERTY TRACT 3 on the South 31 Allison Island, South of 63rd Street HD, Hospital District TH, Townhome District 32 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM - 3, Residential the East, Seventy-second Street on the Intensity High Intensity North, Collins Avenue on the West, and the North line of the City Park located at 6475 Collins Avenue on the South 33 Lots 22-40, Block 3 AMENDED PLAT RM-2, Residential RM -1, Residential Low OF SECOND OCEAN FRONT Medium Intensity Intensity SUBDIVISION (28-28); together with the Area bounded by Harding A venue on the East, Sixty-ninth Street on the North, and Indian Creek Drive on the Southwest; together with Blocks E, H, J & N, CORRECTED PLAT OF ATLANTIC HEIGHTS; together with Lots 6 & 7, Block 16 NORMANDY BEACH SOUTH (21-54); together with Lots 4 through 10, Block 14; Lots 4 through 9, Block 13; and Lots 4 through 6, Block 12; all of NORMANDY BEACH SOUTH (21-54) 34 ,Lots 3-5, Block 15; Block 17; Block 1; CD-3, Commercial High RM -1, Residential Low Lots 1-4 and 9-12, Block 2; Block 3; Intensity Intensity Lots 1-4 and 9-12, Block 4; Lots 1-4 and 9-12, Block 5; and Lots 1-4, Block 6; all of NORMANDY BEACH SOUTH (21-54) 35 Those properties fronting on the South CD-2, Commercial RM -1, Residential Low side of Marseille Drive, from Rue Notre Medium Intensity Intensity Dame on the West, to Bay Drive on the East; along with those properties fronting on the North side of Normandy Drive, from Rue Notre Dame on the West, to the West line of Lot 31, Block 9 of ISLE OF NORMANDY OCEAN SIDE SECTION (25-60) on the East 36 Those properties fronting on the East CD-2, Commercial CD-I, Commercial side of Harding A venue, from Seventy- Medium Intensity Low Intensity fifth Street on the North, to Seventy- third Street on the South 37 Area bounded by Collins Avenue on the East, Seventy-ninth Street on the North, Harding Avenue on the West, and Seventy- fifth Street on the South; together with the Area bounded by Harding Avenue on the East, Eighty- Third Street on the North, Abbott Avenue on the West, and Seventy-third Street on the South; together with the Area bounded by Abbott Avenue on the East, Eighty-second Terrace on the North, Byron Avenue on the West, and Eightieth Street on the South; together with Lots 1-4, Block 7 HA YNSWORTH BEACH SUBDIVISION; together with , Lots 1 and 2, Block 1 TATUM WATERWAY SUBDIVISION (46-2); together with the Southernmost four (4) lots North of Seventy-third Street between Abbott A venue and Dickens Avenue 38 Area bounded by the Atlantic Ocean on the East, Eighty-seventh Terrace on the North, Harding Avenue on the West, and Eighty-seventh Street on the South; excluding Lot 1 Block 11 ALTOS DEL MAR NO.2 (4-162) RM-2, Residential Medium Intensity RM -1, Residential Low Intensity RM-3, Residential High Intensity RM-2, Residential Medium Intensity These amendments shall not be applicable to any properties described herein which are the subject of a Development Agreement or Development of Regional Impact Development Order (a "Development Order"), which has been approved by the City, for any period during which such Development Agreement or Development Order remains in full force and effect; provided, however, that any properties that are subject to a Development Order may be re-zoned pursuant to the terms of such Development Order. SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect on the _ day of , 199_. PASSED and ADOPTED this _ day of , 199_. ATTEST: MAYOR CITY CLERK F:\PLAN\$ALL\DRAFT _ OR\@PB\MAPORDNC.ORD yK-AFT ALTERNATIVE "B" REVISED VERSION CONTAINING STAFF'S RECOMMENDATIONS ORDINANCE NO. AN ORDINANCE OF THE MA YOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY REZONING THE PROPERTIES AS LISTED BELOW FROM THE EXISTING ZONING DISTRICT CLASSIFICA nONS AS LISTED, TO THE PROPOSED ZONING DISTRICT CLASSIFICATIONS AS LISTED; See Area Number General Description of Area Existing Zoning District Proposed Zoning Classification District Classification IN THE AREA SOUTH OF 23RD STREET, (SEE MAP 1): 1 Area generally South of Biscayne Street C-PS3, Commercial Intensive Mixed Use 2 Area bounded by Ocean Drive on the East, Fourth Street on the North, Collins Avenue on the West, and First Street on the South 3 Area bounded by Ocean Drive on the East, Fifth Street on the North, Collins Avenue on the West, and Fourth Street on the South 4 Area bounded by West Avenue on the East, the North Line of Lot 2, Block 1 of the Amended Plat of the Aquarium Site Resubdivision on the North, Biscayne Bay on the West, and Fifth Street on the South 5 Those properties fronting on the East side of West Avenue, from Thirteenth Street on the North, to South Shore Hospital on the South The West 75 feet of Lots 7 and 8, Block 35 of Ocean Beach Addition #3 6 R-PS4, Residential High Density C-PS2, Commercial General Mixed Use C-PS4, Commercial General Mixed Use RM-3, Residential High Intensity CD-2, Commercial Medium Intensity R-PS4, Residential High Density R-PS3, Residential Medium-High Density R-PS3, Residential Medium-High Density C.PS2, C General RM -1 Residential Low Intensity RO, Residential Office 7 Those properties fronting on the East CD-2, Commercial RO, Residential Office side of Pennsylvania Avenue, from Medium Intensity Eleventh Street on the North, to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition #3 on the South 8 Those properties fronting on the West CD-I, Commercial Low RO, Residential Office side of Drexel A venue, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 9 Those properties fronting on the East CD-I, Commercial Low RO, Residential Office side of Alton Road, from Fourteenth Intensity Street on the North, to Twelfth Street on the South 10 , Area bounded by West A venue on the RM - 3, Residential High RM-2, Residential East, Fourteenth Street on the North, Intensity Medium Intensity Biscayne Bay on the East, and the South Property line of those properties located along the South side of Monad Terrace on the South; plus Lot 7, Block 43 of ALTON BEACH REALTY COMPANY'S BA YFRONT SUBDIVISION 11 Area bounded by West A venue on the RM-2, Residential East, Fifteenth Street on the North, Bay Medium Intensity Road on the West, and Fourteenth Street on the South 12 Lot 1, Block 46 of LINCOLN RM-l, Residential Low CD-I, Commercial SUBDIVISION Intensity Low Intensity 13 Area bounded by the Atlantic Ocean on CD-3, Commercial High RM-3, Residential the East, Twenty-first street on the Intensity High Intensity North, Collins Avenue on the West, and Sixteenth Street on the South 14 Area bounded by Collins A venue on the CD-3, Commercial High CD-2, Commercial East, Twenty-first Street on the North, Intensity Medium Intensity Liberty A venue on the West, and Twentieth Street on the South 15 Those properties fronting on the West RM-2, Residential RM -1 Residential Low side of Meridian A venue, from Dade Medium Intensity Intensity Boulevard on the North, to Seventeenth Street on the South 16 Those properties fronting on Jefferson A venue, Michigan A venue and Lenox A venue, located south of Dade Boulevard and North of Seventeenth Street; excluding the Southernmost three (3) lots fronting on each side of Jefferson Avenue, Michigan A venue and Lenox Avenue North of Seventeenth Street 17 Area bounded by Michigan Avenue on the Northeast, Alton Road on the Northwest, and Nineteenth Street on the South 18 , Lots 4 through 13, of AMENDED PLAT OF LOT 1 BLOCK 1 OF MID-GOLF SUBDIVISION (30-19) Lots 1-3 and Lots 14-15, of AMENDED PLA T OF LOT 1 BLOCK 1 OF MID- GOLF SUBDIVISION (30-19) 19 20 Area bounded by Park Avenue on the East, the Collins Canal on the Northwest, and Twenty-second Street on the South 21 Area bounded by Collins A venue on the East, the Collins Canal and Lake Pancoast on the North and Northwest, Park Avenue on the West, and Twenty- second Street on the South; excluding Lots 6,8, & 10, Block 1 of MIAMI BEACH IMPROVEMENT COMPANY'S OCEAN FRONT PROPERTY 22 Area bounded by the Atlantic Ocean on the East, Twenty-fourth Street on the North, Collins Avenue on the West, and Twenty-second Street on the South RM-l, Residential Low Intensity CD-I, Commercial Low Intensity RM-2, Residential Medium Intensity RM-2, Residential Medium Intensity CD-3, Commercial High Intensity CD-3, Commercial High Intensity CD-3, Commercial High Intensity TH,. Townhome District For Lots 4 through 10, no changefr()ID. CD-I; for the remainder of the site, Rl\tf-ll{esideritial Low Interi.s!'ty RM -1 Residential Low Intensity RM -1 Residential Low Intensity RM-2, Residential Medium Intensity CD-2, Commercial Medium Intensity RM - 3, Residential High Intensity IN THE AREA BETWEEN 23RD STREET AND 51ST STREET, (SEE MAP 2): 23 Lots 27 & 28, Block 3 FLAMINGO CD-I, Commercial Low RS-2, Residential TERRACE SUBDIVISION (10-3) Intensity Single Family 24 Lots 1-4, FLAMINGO BAY CD-3, Commercial High RM-3, Residential SUBDIVISION (6-101) Intensity High Intensity 25 All the Lots of Block 3 41 ST STREET CD-3, Commercial High RM -1, Residential Low BUSINESS SUBDIVISION Intensity Intensity 26 Lot E and Lots 52, 53 and 54, Block 1 RM - 3, Residential High RM-2, Residential NAUTILUS SUBDIVISION Intensity Medium Intensity 27 Lot 44, Block 1 NAUTILUS TH, T ownhome District RS-4, Residential SUBDIVISION Single Family 28 Area bounded by Municipal Parking lot CD-I, Commercial Low Nochange.fmm CD-l on the East, Forty-seventh Court on the Intensity North and West, and Forty-seventh Street on the South IN THE AREA NORTH OF 51ST STREET, (SEE MAP 3): 29 Area bounded by the Atlantic Ocean on CD-3, Commercial High the East, the South line of the City Park Intensity located at 6475 Collins Avenue on the North, Collins Avenue on the West, and the North Line of BATH CLUB PROPERTY TRACT Ion the South 30 Area bounded by Collins A venue on the East, Sixty-third Street on the North, Indian Creek Waterway on the West, and the North line of BATH CLUB PROPERTY TRACT 3 on the South Allison Island, South of 63rd Street 31 32 Area bounded by the Atlantic Ocean on the East, Seventy-second Street on the North, Collins Avenue on the West, and the North line of the City Park located at 6475 Collins Avenue on the South RM-3, Residential High Intensity HD, Hospital District CD-3, Commercial High Intensity RM-3, Residential High Intensity RM - 3, Residential High Intensity 33 Lots 22-40, Block 3 AMENDED PLAT RM-2, Residential RM -1, Residential Low OF SECOND OCEAN FRONT Medium Intensity Intensity SUBDIVISION (28-28); together with the Area bounded by Harding Avenue on the East, Sixty-ninth Street on the North, and Indian Creek Drive on the Southwest; together with Blocks E, H, J & N, CORRECTED PLAT OF A TLANTIC HEIGHTS; together with Lots 6 & 7, Block 16 NORMANDY BEACH SOUTH (21-54); together with Lots 4 through 10, Block 14; Lots 4 through 9, Block 13; and Lots 4 through 6, Block 12; all of NORMANDY BEACH SOUTH (21-54) 34 'Lots 3-5, Block 15; Block 17; Block 1; CD-3, Commercial High RM-l, Residential Low Lots 1-4 and 9-12, Block 2; Block 3; Intensity Intensity Lots 1-4 and 9-12, Block 4; Lots 1-4 and 9-12, Block 5; and Lots 1-4, Block 6; all of NORMANDY BEACH SOUTH (21-54) 35 Those properties fronting on the South CD-2, Commercial RM-1, Residential Low side of Marseille Drive, from Rue Notre Medium Intensity Intensity Dame on the West, to Bay Drive on the East; along with those properties fronting on the North side of Normandy Drive, from Rue Notre Dame on the West, to the West line of Lot 31, Block 9 of ISLE OF NORMANDY OCEAN SIDE SECTION (25-60) on the East 36 Those properties fronting on the East CD-2, Commercial CD-I, Commercial side of Harding Avenue, from Seventy- Medium Intensity Low Intensity fifth Street on the North, to Seventy- third Street on the South 37 38 Area bounded by Collins Avenue on the East, Seventy-ninth Street on the North, Harding Avenue on the West, and Seventy- fifth Street on the South; together with the Area bounded by Harding Avenue on the East, Eighty- Third Street on the North, Abbott Avenue on the West, and Seventy-third Street on the South; together with the Area bounded by Abbott A venue on the East, Eighty-second Terrace on the North, Byron Avenue on the West, and Eightieth Street on the South; together with Lots 1-4, Block 7 HAYNSWORTH BEACH SUBDIVISION; together with , Lots 1 and 2, Block 1 TATUM WATERWAY SUBDIVISION (46-2); together with the Southernmost four (4) lots North of Seventy-third Street between Abbott Avenue and Dickens Avenue Area bounded by the Atlantic Ocean on the East, Eighty-seventh Terrace on the North, Harding Avenue on the West, and Eighty-seventh Street on the South; excluding Lot 1 Block 11 ALTOS DEL MAR NO.2 (4-162) RM-2, Residential Medium Intensity RM -1, Residential Low Intensity RM - 3, Residential High Intensity RM-2, Residential Medium Intensity AMENDING THE AFFECTED PORTIONS OF THE CITY'S ZONING DISTRICT MAP TO CORRESPOND WITH THESE CHANGES; PROVIDING FOR A REPEALER AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has undertaken a comprehensive review to study the zoning district classifications in all areas within the Municipality; and WHEREAS, amending the zoning of the properties listed below as provided herein is necessary to insure that development of those properties will be compatible with development in adjacent and surrounding areas, and will contribute to the health and general welfare of the City; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. AMENDMENTS OF 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 contained in Comprehensive Zoning Ordinance No. 89-2665 by changing the zoning district classifications of the following properties as listed below, from the existing zoning district classifications as listed, to the proposed zoning district classifications as listed: See Area General Description of Area Existing Zoning District Proposed Zoning Number Classification District Classification IN THE AREA SOUTH OF 23RD STREET, (SEE MAP 1): 1 Area generally South of Biscayne Street C-PS3, Commercial R-PS4, Residential Intensive Mixed Use High Density 2 Area bounded by Ocean Drive on the R-PS4, Residential High R-PS3, Residential East, Fourth Street on the North, Collins Density Medium-High Density Avenue on the West, and First Street on the South 3 Area bounded by Ocean Drive on the C-PS2, Commercial R-PS3, Residential East, Fifth Street on the North, Collins General Mixed Use Medium-High Density Avenue on the West, and Fourth Street on the South 4 Area bounded by West A venue on the C-PS4, Commercial East, the North Line of Lot 2, Block 1 General Mixed Use of the Amended Plat of the Aquarium Site Resubdivision on the North, Biscayne Bay on the West, and Fifth Street on the South 5 Those properties fronting on the East RM-3, Residential High RM -1 Residential Low side of West A venue, from Thirteenth Intensity Intensity Street on the North, to South Shore Hospital on the South 6 The West 75 feet of Lots 7 and 8, Block cD-2, Commercial RO, Residential Office 35 of Ocean Beach Addition #3 Medium Intensity 7 Those properties fronting on the East CD-2, Commercial RO, Residential Office side of Pennsylvania Avenue, from Medium Intensity Eleventh Street on the North, to the South Lot Line of Lot 4, Block 35 of Ocean Beach Addition #3 on the South 8 Those properties fronting on the West side of Drexel Avenue, from Fourteenth Street on the North, to Twelfth Street on the South 9 Those properties fronting on the East side of Alton Road, from Fourteenth Street on the North, to Twelfth Street on the South 10 Area bounded by West A venue on the East, Fourteenth Street on the North, Biscayne Bay on the East, and the South Property line of those properties located along the South side of Monad Terrace on the South; plus Lot 7, Block , 43 of ALTON BEACH REALTY COMPANY'S BA YFRONT SUBDIVISION 11 Area bounded by W est Avenue on the East, Fifteenth Street on the North, Bay Road on the West, and Fourteenth Street on the South 12 Lot 1, Block 46 of LINCOLN SUBDIVISION 13 Area bounded by the Atlantic Ocean on the East, Twenty-first street on the North, Collins Avenue on the West, and Sixteenth Street on the South 14 Area bounded by Collins Avenue on the East, Twenty-first Street on the North, Liberty Avenue on the West, and Twentieth Street on the South 15 Those properties fronting on the West side of Meridian Avenue, from Dade Boulevard on the North, to Seventeenth Street on the South CD-I, Commercial Low Intensity CD-I, Commercial Low Intensity RM-3, Residential High Intensity RM-2, Residential Medium Intensity RM -1, Residential Low Intensity CD-3, Commercial High Intensity CD- 3, Commercial High Intensity RM-2, Residential Medium Intensity RO, Residential Office RO, Residential Office RM-2, Residential Medium Intensity RM-l~. ResidentialLow Intensity CD-I, Commercial Low Intensity RM-3, Residential High Intensity CD-2, Commercial Medium Intensity RM -1 Residential Low Intensity 16 Those properties fronting on Jefferson A venue, Michigan A venue and Lenox Avenue, located south of Dade Boulevard and North of Seventeenth Street; excluding the Southernmost three (3) lots fronting on each side of Jefferson A venue, Michigan A venue and Lenox Avenue North of Seventeenth Street 17 Area bounded by Michigan Avenue on the Northeast, Alton Road on the Northwest, and Nineteenth Street on the South 18 ,Lots 4 through 13, of AMENDED PLAT OF LOT 1 BLOCK 1 OF MID-GOLF SUBDIVISION (30-19) Lots 1-3 and Lots 14-15, of AMENDED PLAT OF LOT 1 BLOCK 1 OF MID- GOLF SUBDIVISION (30-19) 19 20 Area bounded by Park Avenue on the East, the Collins Canal on the Northwest, and Twenty-second Street on the South 21 Area bounded by Collins Avenue on the East, the Collins Canal and Lake Pancoast on the North and Northwest, Park Avenue on the West, and Twenty- second Street on the South; excluding Lots 6,8, & 10, Block 1 of MIAMI BEACH IMPROVEMENT COMPANY'S OCEAN FRONT PROPERTY 22 Area bounded by the Atlantic Ocean on the East, Twenty-fourth Street on the North, Collins Avenue on the West, and Twenty-second Street on the South RM-1, Residential Low Intensity CD-I, Commercial Low Intensity RM-2, Residential Medium Intensity RM-2, Residential Medium Intensity CD-3, Commercial High Intensity CD- 3, Commercial High Intensity CD-3, Commercial High Intensity TH, Townhome District For Lots 4 through 10, no change fr{)m CD-l ; for the remainder of the site, RM -1l{~~idential Low IntensitY RM-l Residential Low Intensity RM-1 Residential Low Intensity RM-2, Residential Medium Intensity CD-2, Commercial Medium Intensity RM-3, Residential High Intensity 23 IN THE AREA BETWEEN 23RD STREET AND 51ST STREET, (SEE MAP 2): Lots 27 & 28, Block 3 FLAMINGO TERRACE SUBDIVISION (10-3) CD-I, Commercial Low Intensity RS-2, Residential Single Family 24 Lots 1-4, FLAMINGO BA Y CD-3, Commercial High RM-3, Residential SUBDIVISION (6-101) Intensity High Intensity 25 All the Lots of Block 3 41 ST STREET CD-3, Commercial High RM-1, Residential Low BUSINESS SUBDIVISION Intensity Intensity 26 Lot E and Lots 52, 53 and 54, Block 1 RM - 3, Residential High RM-2, Residential NAUTILUS SUBDIVISION Intensity Medium Intensity 27 Lot 44, Block 1 NAUTILUS TH, T ownhome District RS-4, Residential SUBDIVISION Single Family 28 Area bounded by Municipal Parking lot CD-I, Commercial Low No changeJrotn CD-l on the East, Forty-seventh Court on the Intensity North and West, and Forty-seventh Street on the South 29 IN THE AREA NORTH OF 51ST STREET, (SEE MAP 3): Area bounded by the Atlantic Ocean on the East, the South line of the City Park located at 6475 Collins Avenue on the North, Collins Avenue on the West, and the North Line of BATH CLUB PROPERTY TRACT 1 on the South 30 Area bounded by Collins Avenue on the East, Sixty-third Street on the North, Indian Creek Waterway on the West, and the North line of BATH CLUB PROPERTY TRACT 3 on the South 31 Allison Island, South of 63rd Street 32 Area bounded by the Atlantic Ocean on the East, Seventy-second Street on the North, Collins Avenue on the West, and the North line of the City Park located at 6475 Collins Avenue on the South CD- 3, Commercial High Intensity RM-3, Residential High Intensity RM-3, Residential High Intensity HD, Hospital District CD-3, Commercial High Intensity RM-3, Residential High Intensity 33 Lots 22-40, Block 3 AMENDED PLAT RM-2, Residential RM-1, Residential Low OF SECOND OCEAN FRONT Medium Intensity Intensity SUBDIVISION (28-28); together with the Area bounded by Harding Avenue on the East, Sixty-ninth Street on the North, and Indian Creek Drive on the Southwest; together with Blocks E, H, J & N, CORRECTED PLAT OF ATLANTIC HEIGHTS; together with Lots 6 & 7, Block 16 NORMANDY BEACH SOUTH (21-54); together with Lots 4 through 10, Block 14; Lots 4 through 9, Block 13; and Lots 4 through 6, Block 12; all of NORMANDY BEACH SOUTH (21-54) 34 ' Lots 3-5, Block 15; Block 17; Block 1; CD-3, Commercial High RM-l, Residential Low Lots 1-4 and 9-12, Block 2; Block 3; Intensity Intensity Lots 1-4 and 9-12, Block 4; Lots 1-4 and 9-12, Block 5; and Lots 1-4, Block 6; all of NORMANDY BEACH SOUTH (21-54) 35 Those properties fronting on the South CD-2, Commercial RM-l, Residential Low side of Marseille Drive, from Rue Notre Medium Intensity Intensity Dame on the West, to Bay Drive on the East; along with those properties fronting on the North side of Normandy Drive, from Rue Notre Dame on the West, to the West line of Lot 31, Block 9 of ISLE OF NORMANDY OCEAN SIDE SECTION (25-60) on the East 36 Those properties fronting on the East cD-2, Commercial CD-I, Commercial side of Harding Avenue, from Seventy- Medium Intensity Low Intensity fifth Street on the North, to Seventy- third Street on the South 37 Area bounded by Collins A venue on the East, Seventy-ninth Street on the North, Harding Avenue on the West, and Seventy- fifth Street on the South; together with the Area bounded by Harding Avenue on the East, Eighty- Third Street on the North, Abbott Avenue on the West, and Seventy-third Street on the South; together with the Area bounded by Abbott Avenue on the East, Eighty-second Terrace on the North, Byron Avenue on the West, and Eightieth Street on the South; together with Lots 1-4, Block 7 HA YNSWORTH BEACH SUBDIVISION; together with , Lots 1 and 2, Block 1 TATUM WATERWAY SUBDIVISION (46-2); together with the Southernmost four (4) lots North of Seventy-third Street between Abbott Avenue and Dickens Avenue 38 Area bounded by the Atlantic Ocean on the East, Eighty-seventh Terrace on the North, Harding Avenue on the West, and Eighty-seventh Street on the South; excluding Lot 1 Block 11 ALTOS DEL MAR NO. 2 (4-162) RM-2, Residential Medium Intensity RM-1, Residential Low Intensity RM-3, Residential High Intensity RM-2, Residential Medium Intensity These amendments shall not be applicable to any properties described herein which are the subject of a Development Agreement or Development of Regional Impact Development Order (a "Development Order"), which has been approved by the City, for any period during which such Development Agreement or Development Order remair\s in full force and effect; provided, however, that any properties that are subject to a Development Order may be re-zoned pursuant to the terms of such Development Order. SECTION 2. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect on the day of , 199_. PASSED and ADOPTED this _ day of ,199_. ATTEST: MAYOR CITY CLERK , F:\PLAN\$ALL\DRAFT_ OR\@PB\MAPORD.ALT