HomeMy WebLinkAbout2006-3522 Ordinance
ORDINANCE NO. 2006-3522
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT REGULATIONS"
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," AMENDING
SECTION 142-696 "RESIDENTIAL PERFORMANCE STANDARD AREA
REQUIREMENTS," BY AMENDING THE MAXIMUM BUILDING HEIGHT IN THE R-
PS4 ZONING DISTRICT; AMENDING SECTION 142-697 "SETBACK
REQUIREMENTS IN THE R-PS1, 2, 3, 4 DISTRICTS," TO PROVIDE FOR
ADDITIONS TO FOLLOW THE EXISTING BUILDING LINE AND MODIFYING THE
TOWER SETBACKS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Ocean Beach Historic District contains a collection of important historic
buildings which together embody a rich history of the first three decades of the development of
Miami Beach; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated to
provide for compatibility of new development in historic districts in Miami Beach; and
WHEREAS, the Land Development Regulations in the Ocean Beach Historic District provide
for a reasonable limitation of the height of new development on sites with existing contributing
structures in the Residential Special Performance "R-PS" areas west of Ocean Drive which aid in
the development of compatible infill structures; and
WHEREAS, the Land Development Regulations do not presently provide for a compatible
height limitation in the R-PS4 zoning district.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1 Chapter 142, "Zoning Districts and Regulations", Article II, "District Regulations" District
18, "Performance Standard District," of Land Development Regulations of the Code of the City of
Miami Beach is hereby amended as follows:
DIVISION 18 PERFORMANCE STANDARD DISTRICT
*
*
*
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Section 142-696. Residential performance standard area requirements
Residential Sub-districts
Performance R-PS1 R-PS2 R-PS3 R-PS4 ,
Standard .
Minimum lot area 5,750 SQ. ft. 5,750 SQ. ft 5,750 sq. ft. 5,750 SQ. ft.
Minimum lot width 50 feet 50 feet 50 feet 50 feet 1
Required open 0.60, see Sec. 142- 0.65, see Sec. 142-704 0.70, see Sec. 142- 0.70, see Sec. 142-704 ,
space ratio 704 704
Maximum building 45 feet 45 feet 50 feet Non-oceanfront - 80 feet; :
Height Lots 50 feet wide or Lots 50 feet wide or less Lots 50 feet wide or Oceanfront - 100 feet;
less - 35 feet - 35 feet less - 35 feet except that in the Ocean
Beach Historic District - 35
feet for the first 60 feet of lot
depth, 75 feet thereafter.
subiect to the line-of-siQht
analysis of Sec. 142-697 ( d ).:
Lots 50 feet wide or less -
35 feet.
Maximum number 5 5 5 Non-oceanfront - 8 ,
of stories Lots 50 feet wide or Lots 50 feet wide or less Lots 50 feet wide or Oceanfront - 11
less - 4 -4 less - 4 Lots 50 feet wide or less -
4 i
In the Ocean Beach i
Historic District - 7 i
Maximum floor 1.25 1.50 1.75 2.0 i
area ratio ,
Minimum floor New construction - New construction - 650 New construction - New construction - 550
Area per 700 Rehabilitated 600 Rehabilitated I
apartment unit Rehabilitated buildings - 400 Rehabilitated buildings - 400
(square feet) buildinqs - 400 buildinqs - 400 i
Minimum average New construction - New construction - 900 New construction - New construction - 800 I
floor area per 950 Rehabilitated 850 Rehabilitated
apartment unit Rehabilitated buildings - 550 Rehabilitated buildings - 550
(square feet) buildinqs - 550 buildinqs - 550
Minimum average N/A N/A 15% = 300-335 15% = 300-335 square feet
floor area per square feet 85% = 335+ square feet
hotel unit (square 85% = 335+ square
feet) feet
Minimum parkinq Pursuant to Chapter 130 and Section 142-705 requirement i
Minimum off- Pursuant to Chapter 130, Article III. i
street loadinq
Siqns Pursuant to Chapter 138
Suites hotel Pursuant to Article IV, division 3 of this chapter. i
· Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean Beach
historic district, as defined in subsection 118-593(e)(11), the maximum building height for a lot located in
the R-PS1, R-PS2, or R-PS3 zoning districts
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a certificate of
appropriateness for demolition (or any such approval has expired),
shall be 35 feet.
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1. Notwithstanding the above height restrictions, existing structures within a local historic district are
subject to section 142-1161.
2. In the R-PS4 zoninq district, within the Ocean Beach Historic District, when an existinq contributinq
structure is nonconforminq with respect to the heiqht requlations in Sec. 142-696, such structure
may be repaired, renovated or rehabilitated reqardless of the cost of such repair, renovation or
rehabilitation, notwithstandinq the provisions of Chapter 118, Article IX, "Nonconformances."
3. Lots at a width of 50 feet or less aqqreqated with adiacent parcels after November 3, 2002 shall
have a maximum heiqht of 35 feet and shall not be allowed the increased heiqht for parcels wider
than 50 feet.
SECTION 2. Sec. 142-697. Setback requirements in the R-PS1, 2, 3,4 districts.
(a) The setback requirements in the R-PS1, 2, 3, 4 districts are as follows:
Front Side, Interior Side, Facing a Street Rear
At-grade 5 feet 5 feet 5 feet Non-oceanfront lots--5 feet
parking lot Oceanfront lots--50 feet
(below buildinq) from bulkhead line
Subterranean 5 feet 5 feet 5 feet Non-oceanfront lots--O feet
Oceanfront lots--50 feet
from bulkhead line
Pedestal 5 feet 7.5 feet, except 5 feet Non-oceanfront 10ts--1 0% of
when section lot depth Oceanfront
(e) below lots--20% of lot depth, 50
applies. feet minimum from
Lots 50 feet bulkhead line
wide or less--5
feet
Tower 50 feet, The required The required pedestal Non-oceanfront lots--15% of
except that pedestal setback plus 0.10 the lot depth
in the R- setback plus height of the building Oceanfront lots--25% of lot
PS4 within 0.10 the height depth, 75 feet minimum
the Ocean of the building from bulkhead line
Beach
Historic
District. the
minimum
shall be 60
feet.
(b) All required setbacks shall be considered as minimum requirements except for the pedestal front
yard setback and pedestal side yard facing a street setback which shall be considered as both a
minimum and maximum.
(c) For lots greater than 100 feet in width the front setback shall be extended to include at least one
open court with a minimum area of three square feet for every linear foot of lot frontage.
f.Q} In the R-PS4 zoning district, within the Ocean Beach Historic District, the tower portion of ground-
floor additions to contributing buildinqs, or new construction shall meet a line-of-sight, which for the
purpose of this section is defined as not visible when viewed at eve-level (5'6" from qrade) from the
opposite side of the adiacent right-of-way.
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ill} In the R-PS4 zoning, district within the Ocean Beach Historic District, when an existinq contributinq
structure has a minimum 5-foot sideyard setback, the setback of new construction in connection with
the existinq buildinq may be allowed to follow the existinq buildinq line. The maintenance of the
existinq setback shall apply to the linear extension of the existinq buildinq.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the City of
Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or part 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.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
SECTION 5. EFFECTIVE DATE.
PASSED and ADOPTED this 12tlJday of July
MAYOR
This Ordinance shall take effect ten days following adoption.
ATTEST:
f
~t. S ~tz:--Le
CITY CLERK (f
Robert Parcher
First Reading:
Second Reading
APPROVED AS TO
FORM AND LANGUAGE
? & FOR EXECUTION
Verified by:
Underscore tlenotes new language
Strikethrough denotes deleted language
F:\PLAN\$PLB\draft ordinances\1562 - R-PS4 heights\1562 RPS4 heights cc 6-7-06.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
Amendment pertaining to development regulations for the Residential Performance Standard Districts
relative to edestal and tower setbacks and maximum hei ht in the R-PS4 district.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character.
Issue:
Should the City Commission re-adopt the proposed regulations in order to correct a scrivener's error
in ublication for the ado tion of this ordinance in November 2002.
Item Summary/Recommendation:
The proposed ordinance re-establishes the intent of reducing heights in the R-PS4 district to have
more compatibility with the surrounding Ocean Beach Local Historic District neighborhood.
The Administration recommends that the Commission adopt the ordinance.
Adviso Board Recommendation:
At the April 19, 2006 meeting, the Planning Board recommended that the City Commission adopt the
ro osed ordinance b a vote of 5-0 2 members absent .
Financial Information:
Source of Amount Account Approved
Funds: 1
C .~
3
4
OBPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si
A\2006~uI1206\Regular\1562-r - Resid tial Performance Standard sum 7-12- .d c
City Manager
m
......
MIAMI BEACH
AGENDA ITEM
DATE
R5"F
l-IL~
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ .
July 12, 2006 ()~econd Reading Public Hearing
TO:
DATE:
SUBJECT: Residential Performance Standard Requirements
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142-696 "RESIDENTIAL
PERFORMANCE STANDARD AREA REQUIREMENTS," BY AMENDING
THE MAXIMUM BUILDING HEIGHT IN THE R-PS4 ZONING DISTRICT;
AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PS1,
2, 3, 4 DISTRICTS," TO PROVIDE FOR ADDITIONS TO FOLLOW THE
EXISTING BUILDING LINE AND MODIFYING THE TOWER SETBACKS;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
BACKGROUND
Although this ordinance was adopted by the City Commission on November 13, 2002,
and became effective 10 days later, it has been challenged as defective because of a
published notice indicating a "first" reading, when in fact a "second" reading was
announced, scheduled, read, and second reading public hearing held. In an abundance
of caution the ordinance was reviewed by the Planning Board who recommended re-
adoption to the City Commission.
OVERVIEW
February 20, 2002 - the Commission referred an ordinance to the Planning Board that
would impose a maximum building height of 35 feet on lots exceeding 50 feet in width in
the R-PS4 district where a contributing structure exists.
April 23. 2002 - the Planning Board considered the proposed ordinance and continued
the public hearing to May 28,2002.
Mav 28. 2002 - following the direction of the Planning Board, Planning Department staff
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 2
prepared an alternative ordinance and recommended that the public hearing be
continued to the June 25, 2002 meeting because the proposed amendments introduced
several new concepts that affected other sections of the City Code that had not been
advertised.
June 25, 2002 - the Planning Board adopted a motion that consisted of three
components:
. Denial of the ordinance as referred by the City Commission;
. Acknowledgement that something needed to be done with respect to this issue; and
. Declaration of the desire of the Planning Board to further study an alternative which
would limit heights to 35 feet for a length of lot depth measured from the street, past
which point new construction would be allowed to go higher.
Julv 10. 2002 - the Commission discussed a resolution to set a public hearing to
consider the proposed amendment to the RPS-4 regulations as originally referred to the
Planning Board. The Commission did not set the public hearing and the discussion
resulted in another referral to the Planning Board with the following directives:
. That the height of the 50 ft. lots not be increased;
. To study eliminating any incentives in the Code for lot aggregation which would
result in taller buildings; and
. To continue to study RPS-4 district with lower-scaled buildings, and let the buildings
get a little taller in the back, but no taller than 55 feet.
Auqust 6, 2002 - following a public workshop, the Planning Board directed staff to draft
an ordinance that would take the following in consideration:
· All lots in the RPS-4 district within the Ocean Beach Local Historic District should be
treated equally as a tool to prevent lot aggregation in order to gain greater building
height.
· New construction on the first 140 feet of lot dept to be 35 feet in height and 55 feet
maximum height thereafter.
· Provide an analysis showing how much of a contributing building would be affected
after the 140 feet of lot depth - how much of the existing structure could be
potentially demolished.
· Elicit comments from professional architects relative to this proposed regulation.
Auqust 27. 2002 - the Planning Board recommended the City Commission approve an
ordinance that would require a height of 35 feet for the first 115 feet of lot depth and a
maximum height of 75 feet thereafter for lots wider than 50 feet.
October 23. 2002 - The City Commission held a public hearing to discuss and review
five alternatives to the proposed amendments for the R-PS4 development regulations
within the Ocean Beach Local Historic District. The Commission approved an ordinance
that proposed a maximum height of 75 ft., but modified the lot depth where the height
will be restricted to a maximum of 35 feet from 115 feet to 60 feet. The Commission also
requested that a rear setback be included in the ordinance for second reading.
November 13. 2002 - The City Commission adopted the ordinance as modified during
the second reading and public hearing, including the restriction that lots 50 feet in width
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 3
or less aggregated after the effective date of the ordinance would be restricted to a
maximum height of 35 feet.
ANAL YSIS
The R-PS4 zoning district is limited to the area that lies east of Ocean Drive and south of
5th Street. This district also includes the Ocean Parcels, which consist of the Continuum
project, South Pointe Tower and Portofino Tower - all high-rise structures - though these
properties are not part of the Ocean Beach Local Historic District. Staff conducted a
survey of the properties in the R-PS4 district and prepared the table below. The Ocean
Beach Local Historic District zoning district contains 14 properties and as can be
discerned from the table, of the 14 properties, 8 are 50 -ft wide lots; there are only 3
structures that are 35 feet high or less; and only 6 of all the existing structures are
classified contributing.
Continuum (phase
2 under constr.
2 Bentley Beach 2002 7/3 *** 100 x 440 condo/ 98
hotel
3 121 Ocean Dr. Sea Crest A ts. 1948 24 2 50 x 477 a t. 18
4 125 Ocean Dr. Villa Luisa 1940 42 3 50 x 426 hotel 50
5 135 Ocean Dr. Atlantic Vue (CofA 1964 64(2) 7/1*** 50 x 421 apt. 47(2)
for demo a rd.
6 155-161 Ocean Marriott Hotel 2000 99 (4) 8/2*** 150 x 420 hotel 236
Dr.
7 301 Ocean Dr. 1967 54 5/1 *** 50 x 370 condo 45
8 315 Ocean Dr. Vacant 50 x 390
9 321 Ocean Dr. Hotel Simone 1937 38 +/- 3 50 x 392 hotel 95 (1)
10 325 Ocean Dr. East Atlantic 1969 55 5/1 *** 50 x 340 condo 45
Gardens
11 335 Ocean Dr. Oceanwalk 1939 35 3 50 x 350 condo
Sorrento Hotel
12 345 Ocean Dr. Ocean Point 1970 107 9/2*** 105 x 339 condo 238
13 401 Ocean Dr. The Presidential 1970 96 9/2*** 152 x 332 condo 238
14 425 Ocean Dr. * Savoy 1935 41 hotel 54
455 Ocean Dr * Arlington 1941 35 3 hotel/ 78 htl
a t. 15 a t
15 465 Ocean Dr. Royal Atlantic 1968 96 9/2*** 219 x 330 condo 239
Clarifvinq notes for the table above:
*These properties are unified and the parcel consists of 73,253 square feet, roughly 200
x 370 ft., as per Miami-Dade County Property Appraiser's data.
** This property was developed under the C-PS3 development regulations, which allows
for a higher FAR and heights.
*** Number of floors over parking levels
(1) As per records of the Miami-Dade County Property Appraiser's Office
(2) As per records of the City of Miami Beach Building Department
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 4
(3) Submitted before height regulations were amended.
(4) Received a variance to convert rooftop mechanical/engineer's room into one
residential unit.
*
*
*
At the time this ordinance was being discussed, a reference was made that the RM-3
zoning districts in historic districts permitted a height of 200 feet. It should be noted that
Subdivision V. "RM-3 Residential Multifamily, High Intensity" Section 142-246
"Development regulations and area requirements," of the City Code restricts the
maximum building height for new construction in the Architectural District (the area east
of Collins Avenue from 16th to 23rd Streets) to 120 feet; and the maximum height for
ground floor additions to existing structures on oceanfront lots in this district is 50 feet;
rooftop additions are not permitted on oceanfront lots in the Architectural District; and
variances cannot be granted for the rooftop additions.
The maximum building height in the Collins Waterfront Local Historic District (generally
bounded by 22nd Street on the south and 44th Street on the north) is 200 feet. However,
buildings in this historic district that are five stories or less may not have more than one
1-story rooftop addition. In this district, eligibility for rooftop additions of more than one
story for hotel structures greater than five stories, is under the purview of the Historic
Preservation Board pursuant to Sec. 142-1161 (3)b. of the City Code. Those hotel
structures that may be deemed eligible may be allowed one story per every three stories
of the existing building, up to a maximum of four additional stories as rooftop additions,
but only for the sole purpose of hotel development. This formula may result in the
possibility of a 16-story hotel building. Allowable rooftop additions are subject to a
number of criteria, as listed in the above-mentioned section of the City Code.
Historical Backaround
The designation of the Ocean Beach Historic District became effective on March 1,
1996, through the enactment by the City Commission of Ordinance No. 96-3037. This
district represents a part of the first settlement of Miami Beach in the early Twentieth
Century. It is also the site of the first subdivision (platted in 1912) and infrastructure on
Miami Beach, and traces the development of Twentieth Century oceanfront resort
architecture when viewed together with its neighboring buildings.1 It is important to note
that not every building in this historic district is significant by itself; that the significance
lies when all buildings are viewed as a collection.
The evolution of the R-PS4 zoning district, where prior to 1999, both sides of Ocean
Drive were designated R-PS4, which is one of the underlying zoning districts within the
Ocean Beach Historic District, has changed the actual as-built character of this area east
of Ocean Drive. Prior zoning classifications in the 1960's introduced mid-rise buildings,
and in later years, high-rises have been developed in the R-PS4 and the R-PS3, which
is the zoning district on the west side of Ocean Drive. The amendment to the maximum
height of buildings in the R-PS4 deals with a small portion of this historic district, and
affects only oceanfront properties.
1 Excerpt from the Ocean Beach Historic District Designation Report, 1995.
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 5
During 1992-1993, the School of Architecture of the University of Miami conducted a
study in order to investigate alternatives for development in the South Pointe
Redevelopment Area. The purpose of the study was to verify zoning amendments being
proposed at that time before their adoption, "...due to the strong desire of the community
to preserve the existing character of the neighborhood and to ensure that new
development is in keeping with that character.. .,,2 A section of the study was related to
maximum building heights in the R-PS3 and R-PS4, indicating a reasonableness in
allowing taller buildings on Ocean Drive, Collins and Washington Avenues, and
suggested a more balanced relationship between 50-foot and 100-foot lots. In this
regard, the suggestion was that the balance could be achieved by ".. . limiting the heights
of all buildings to 45 feet at the front, and allowing for the rear portions of a building to be
taller at least 50 feet back from the front lot line regardless of their lot size." This
suggests that 50-foot lots could spur penthouses or small towers in the rear of the lots,
an incentive to small lot development, without affecting the streetscape.3
*
*
*
Following the request of the City Commission at the October 23, 2002 meeting, a
revised ordinance was drafted which incorporated the maximum height for the first 60
feet of lot depth to be 35 feet, and a maximum height thereafter to be 75 feet. The
Commission also requested that the revised ordinance incorporate a rear setback so as
to diminish the perception of height from the beach. It should be noted that the eastern-
most property line for all the oceanfront properties is the Erosion Control Line, however,
construction is not permitted in the area comprised between the Bulkhead Line and the
Erosion Control Line.
In this regard, staff reviewed the current setback regulations, which are shown below for
informational purposes. It is also worth noting that "pedestal" and "tower" are terms
defined in the City Code as follows:
"pedestal" is "that portion of a building or structure which is equal to or less than 50 feet
in height above sidewalk elevation."
"tower" is defined as "that portion of a building or structure which exceeds 50 feet in
height."
Currently, the rear setback for the pedestal for oceanfront lots is 20% of the lot depth,
with a minimum of 50 feet from the bulkhead line, and the rear setback for the tower,
also for oceanfront lots is 25% of lot depth, with a minimum of 75 feet from the bulkhead
line. The revised ordinance proposed to increase the front tower setback from 50 feet to
60 feet, and the rear tower setback to 120 feet from the bulkhead line. The table below
reflects the revisions as requested by the Commission. The underlined portion of the
text is the new language.
The methodology used to establish the rear setback was to draw a line of sight from a
2 South Pointe Zoning Amendments: Practical Analysis Report. University of Miami
School of Architecture. October 1992 - January 1993. Project Advisor: Elizabeth Plater-Zyberk.
3 South Pointe Zoning Amendments - Practical Analysis Report, 1993. Project Advisor:
Elizabeth Plater-Zyberk.
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 6
point 25 feet east of the erosion control line crossing the 50-ft. height of the pedestal,
and extending it to a point where the proposed 75 feet of maximum height of the tower
would intercept the line (see attachment #1). The result was 120 feet from the bulkhead
line.
Following below is a table for Sec. 142-697. "Setback requirements in the R-PS1, 2, 3, 4
districts," which shows the revisions made to the tower setback from the rear as
requested. There is also a revision to the front tower setback, which is being
incorporated for clarity purposes and conforms to the policy decision made at the
meeting of allowing a higher height after the first 60 feet of lot depth.
(a) The setback requirements in the R-PS1, 2, 3,4 districts are as follows:
Pedestal
5 feet
Tower
50 feet,
except that
in the R-
PS4 within
the Ocean
Beach
Historic
District. the
minimum
shall be 60
feet.
PLANNING BOARD ACTION
5 feet
5 feet
Non-oceanfront lots--5 feet
Oceanfront lots--50 feet
from bulkhead line
Non-oceanfront lots--O feet
Oceanfront lots--50 feet
from bulkhead line
Non-oceanfront lots--1 0%
of lot depth Oceanfront
lots--20% of lot depth, 50
feet minimum from
bulkhead line
7.5 feet, except
when section
(d) below
applies.
Lots 50 feet
wide or less--5
feet
The required
pedestal
setback plus
0.10 the height
of the building
5 feet
The required pedestal
setback plus 0.10 the
height of the building
Non-oceanfront lots--15%
of lot depth
Oceanfront lots--25% of lot
depth, 75 feet minimum
from bulkhead line. except
that in the R-PS4 within the
Ocean Beach Local Historic
District. the minimum shall
be 120 feet from the
bulkhead line.
At the April 19, 2006 meeting, the Planning Board recommended that the City
Commission re-adopt the proposed ordinance in order to correct a scrivener's error in
the publication of the previous ordinance. The Board approved the motion by a 5-0 (2
members absent).
CITY COMMISSION ACTION
At the June 7, 2006 meeting, the City Commission approved on first reading re-adoption
of the proposed ordinance.
Commission Memorandum
July 12, 2006
Residential Performance Standard Requirements
Page 7
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CONCLUSION
The Administration recommends that the City Commission re-adopt the ordinance.
Pursuant to Section 118-164(3) of the City Code, when a request to amend the Land
Development Regulations does not change the actual list of permitted, conditional or
prohibited uses in a zoning category, the proposed ordinance may be read by title or in
full on at least two separate days and shall, at least ten days prior to adoption, be
noticed once in the newspaper. Immediately following the public hearing at the second
reading, the City Commission may adopt the ordinance by an affirmative vote of five-
sevenths.
JMG/TH/JGG/ML
T:\AGENDA\2006~uI1206\Regular\1562-r - Residential Performance Standard cc 7-12-06.doc
ce MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, In the
Commission Chambel'$, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2006, to
consider the following:
10:20 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures,"
- Article IV, "Conditional Use Procedure," By Creating Review Guidelines For New Structures 50,000 Square Feet And Over.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing
For The Classifications In Group V, Being Those Classifications Covered By The Government Supervisors Association Of Florida, Opieu
Local 100, (GSAF) , In Accordance With The Negotiated Agreement; Retroactively Effective In The First Pay Period Ending In October Of
2003, There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And Maximum Of Each Pay
Range Will Also Be Increased By One Half Percent (.5%); Retroactively Effective With The First Pay Period Ending In October Of 2004,
There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By One Half Percent (.5%); Retroactively Effective In The First Pay Period Ending In October 2005, There Shall Be
An Across The Board Wage Increase Of One Percent (1 %), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By One Percent (1 %); Amending The Minimum And Maximum Of The Pay Ranges To Reflect The Present Classification And Pay System
Applicable To The Unclassified Classifications; Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:45 a.m.
An Ordinance Amending Chapter 46 Of The City Code, E~titled "Environment," By Amending Article IV, Entitled "Noise," By Amending
Section 46-156, Entitled "Temporary Permits," By Amending The Procedures And Requirements For Construction Activities And Providing
Exceptions Thereto, Prohibiting Construction Noise On Sundays And National Holidays In All Non-Residential Zoning Districts, Except
Under Certain Circumstances And As Authorized By The Building Official, Prohibiting Construction Noise In Residential Zoning Districts
Before 10:00 A.M. And After 4:00 P.M. On Sundays And National Holidays And Prohibiting Construction Noise Between 10:00 A.M. And
4:00 P.M. On Sundays And National Holidays, Providing Provisions For The Revocation Of Temporary Permits, And Providing Subheading
Titles To Be Entitled (A) "Requirements And Procedures," (B) "Violation Of Temporary Permits" And (C) "Revocation Of Temporary
Permits;"Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation, Warnings" By Amending Subsection
(A) To Clarify The Notice Of Violation Provisions, Amending Subsection (B)(2) To Provide Clarification As To The Number Of Written
Warnings In All Zoning Districts Except Single Family Zoning Districts; Providing For One Written Warning In Single Family Zoning Districts
Prior To A Notice Of Violation And Providing That A Violation, Instead Of A Written Warning, Shall Be Issued If A Violator Is Also Being
Cited For An Illegal Commercial Or Non-Permitted, Non-Residential Use In A Residential Zoning District; Amending Section 46-159
Entitled "Fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement,"By Providing Fines And Penalties For Any Offense
Which Was Committed While The Violator Was Also Engaged In An Illegal Commercial Or Non-Permitted, Non-Residential Use In A
Residential Zoning District.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
2:00 p.m.
An Ordinance Amending Chapter 118, Of The City Code Entitled, "Administration And Review Procedures," By Amending Division 2,
I "Planning Board,"Section 118-51, "Powers And Duties," By Including Criteria For The Review Of The Sale, Exchange, Conveyance Or
Lease Of Ten Years Or Longer Of Such City Property, As Provided In City Charter, Section 1.03(B)3.
,')nquiries may be directed to the Planning Department at (305) 673-7550.
)(,.2:10 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And
Regulations" Article II, "District Regulations" Division 18, "PS Performance Standard District," Amending Section 142-696 "Residential
Performance Standard Area Requirements," By Amending The Maximum Building Height In The R-PS4 Zoning District; Amending Section
142-697 "Setback Requirements In The R-PS1, 2, 3, 4 Districts," To Provide For Additions To Follow The Existing Building Line And
Modifying The Tower Setbacks.
Inquiries may be directed to the Planning Department at (305) 673-7550.
, 2:20 p.m.
. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118,
"Administration And Review Procedures,"Article IX, "Nonconformances," Section 118-395 To Add New Subsections For Nonconforming
Gasoline Service Stations.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
these ordinances are available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,
1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the
I City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any
accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service).
Ad #378
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