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2011-3741 Ordinance Roofing Materials 2011 ORDINANCE NO 2011 -3741 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS ", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS ", SECTION 142- 875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to zoning districts and regulations; and WHEREAS, the City of Miami Beach recognizes the benefits of alternative roofing materials in terms of maintenance, durability, sustainability, energy efficiency and availability; and, WHEREAS, the City of Miami Beach has adopted regulations pertaining to replacement and construction of pitched roofs; and, WHEREAS, the City of Miami Beach desires to expand, modify and clarify the requirements for new and replacement roofing materials for pitched roofs; and, WHEREAS, the amendments set forth below are necessary to accomplish 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 Chapter 142, Entitled "Zoning Districts and Regulations ", Article IV, Entitled "Supplementary District Regulations ", Division 1, Entitled "Generally" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142 -875. Roof replacements and new roofs. (a) In all districts, except locally designated historic districts, sites or structures, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete, clay or ceramic material. Metal or glass roofing systems, may be proposed for new construction, existing multi - family and townhome structures, existing commercial buildings, single family homes constructed after 1942, and nonarchitecturally significant single family homes constructed prior to 1942, and shall be subject to the review and approval of the planning department, in accordance with the following criteria: (1) In single family residential districts, tThe same style, design and material used shall be required for the main structure and all accessory structures shall be compatible when located on the same property. (2) The color of the roof shall be neutral and shall not overwhelm or cause the roof to stand out in a significant manner. (3) The design, details, dimensions, surface texture and color shall be consistent with the architectural design, style and composition of the structure. (4) The design, details, dimensions, surface texture and color shall be consistent with the established scale, context and character of the surrounding area. For architecturally significant single family homes constructed prior to 1942, the (b ) Y g g Y planning p g director, or designee, may approve a metal or glass roofing system, if it is determined that the scale, massing and design of the subject home can accommodate a metal or glass roofing system, and that the metal or glass roofing system will not negatively impact the established architectural context of the immediate area. Such review by the planning director, or designee, shall be subject to the criteria in subsections Laj(1) –(4) above. The appeal of any decision of the planning department under this sections (a) and (b) above shall be to the design review board, in accordance with chapter 118, article VI of these land development regulations. The review by the design review board, either by appeal or if the a metal or glass roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (a)(1) –(4) above. (c) Within any locally designated historic district, site or structure, the new construction, repair or replacement of any pitched roof shall consist of flat or barrel tile, which shall be composed of concrete, clay or ceramic material. The use of metal or glass roofing systems on new construction shall require the review and approval of the historic preservation board, in accordance with the criteria in subsections (a)(1) –(4) above and chapter 118, article X of these land development regulations. Metal or glass roofing systems shall not be permitted on contributing buildings, except as hereinafter provided. Within all zoning districts, except single family districts, and subject to the approval of the historic preservation board, metal or glass roofing systems maybe permitted on roof - to. additions to contributin• buildings subject to the criteria in subsections a 1 – 4 above and chapter 118, article X of these land development regulations, provided the metal or glass roofing system is not visible when viewed at eye level (5' -6" from grade) from the opposite side of the adjacent right -of -way; for corner properties, the metal or glass roofing system shall also not be visible when viewed at eye level from the diagonal corner at the opposite side of the right -of -way and from the o • •osite side of the side street ri • ht -of -wa . The use of metal or glass roofing systems on existing non - contributing structures may be reviewed and approved by the planning director, or designee, in accordance with the criteria in subsections (a)(1) –(4) above and chapter 118, article X of these land development regulations, if it is determined that the scale, massing and design of an existing non - contributing structure can accommodate a metal or glass roofing system, and that such the metal or glass roofing system will not negatively impact the established historic and architectural context of the immediate area. The appeal of any decision of the planning department under this subsection shall be to the historic preservation board. The review by the historic preservation board, either by appeal or if the metal or glass roofing system does not qualify for planning director approval as provided above, shall also be pursuant to the criteria in subsections (a)(1) –(4) above, and section 118 -564. (d) Notwithstanding the above, for those structures constructed and substantially maintained in the Mediterranean revival or mission style of architecture, only concrete, clay or ceramic tile may be utilized. For purposes of this subsection, Mediterranean revival or mission architecture shall be defined as those structures built between 1915 through 1942 and characterized by, but not limited to, stucco walls, low pitch terra cotta or historic Cuban tile roofs, arches, scrolled or tile capped parapet walls and articulated door surrounds, or Spanish baroque decorative motifs and classical elements. (e) Notwithstanding the above, in the event a material other than flat or barrel tile was permitted for a pitched roof in any district, such roof may be replaced with the same material, subject to the 2 criteria in subsection (a) above. (f) For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and preserved, subject to the provisions of the applicable building codes. No variances from any of these provisions shall be granted. However, in the event that the building official determines that limitations exist regarding the Toad capacity of an existing roof, a roofing material other than concrete, clay or ceramic tile may be approved by the planning department for any type of structure, in accordance with the criteria specified in subsections 142 - 875(a)(1) - -(4) above. SECTION 2. 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 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 19th day of October 011. ATT:S • CITY LERK :INCORP GRATED �.,�'�'•••. �� �� APPROVED AS TO i FIRM & LAIL GUAGE h m . QJ � c H 26 . T °���.......• •' ' E 440 N • ttorney Date First Reading: '. e• i- mber 14, 2011 /4( Second Readi • : • c Fiber 10, 2011 Verified by: 416. Ri hard . Lorber, AICP, LEED AP Acting Planning Director Underscore denotes new language 10/12/2011 T:\AGENDA \2011 \10 -19 -11 \Roof Materials 2011- ORD.docx 3 _- r COMMISSION ITEM SUMMARY Condensed Title: Amendments to the Roofing Materials Ordinance. Key Intended Outcome Supported: Maintain strong growth management policies; Protect historic building stock Supporting Data (Surveys, Environmental Scan, etc.): While nearly half, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount," nearly one - third, 29.6 %, indicated "too little" effort is being put forth by the City in this area. Issue: Should the City Commission adopt an Ordinance Amendment that modifies the review procedures for certain types of roof materials on `contributing' structures located in historic districts, while allowing for an expanded role of planning department staff in the review process? Item Summary/Recommendation: SECOND READING: The subject Ordinance was approved at First Reading on September 14, 2011. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On January 31, 2011, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On February 8, 2011, the Historic Preservation Board reviewed the proposed ordinance and recommended approval. On April 26, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation. On July 20, 2011, the Land Use and Development Committee referred the Ordinance to the City Commission with a favorable recommendation. Financial Information: Source of — Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: The subject ordinance is not expected to have any fiscal impact. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign - Offs: Department Director Assistant C' y Manager City Manager Aiat; ■' • MIAMIBEACH AGENDA ITEM R SA DATE 10 44l 1 -P. MIAMI City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 19, 2011 SECOND READING SUBJECT: AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS ", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS ", SECTION 142 -875 "ROOF REPLACEMENTS" TO MODIFY AND EXPAND THE REQUIREMENTS FOR ROOFING MATERIALS IN ALL DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed Ordinance. BACKGROUND On February 9, 2011, the City Commission adopted an Ordinance Amendment that updated the procedures for allowing materials other than tiles to be used on new roofs for single family homes constructed prior to the year 1942, as well as `non- contributing' buildings located within local historic districts. Specifically, the subject Ordinance extended additional, appropriate latitude to the City's Planning Department for the review and approval of new roofs for pre -1942 Architecturally Significant single family homes, as well as `non- contributing' buildings located within local historic districts. ANALYSIS As part of the approval process for the recent changes to the roofing materials section of the code, a discussion commenced concerning appropriate roofing material for certain types of additions to `contributing' structures located within locally designated historic districts. Specifically, the proposed ordinance would allow, within all zoning districts except single family districts, metal or glass roofing systems on roof -top additions to contributing buildings. However, in addition to the approval of the historic preservation board, the metal or glass roofing system could not be visible from the adjacent street. Currently, metal or glass roof systems are not permitted on contributing buildings located within local historic districts. This change would allow for some limited flexibility in those instances where a new roof is proposed for an addition. The proposed ordinance is limited enough that it would not permit metal or glass to be used on existing structures, only `additions' thus ensuring the historic and design integrity of contributing structures located within local historic districts. October 19, 2011 Commission Memorandum Amendment to Roofing Materials Ordinance Page 2 of 2 A small change to the section of the ordinance that currently requires the same style, design and material of roofing material for the main structure and all accessory structures when located on the same property is also proposed. This would allow for the variation in material for additions and new construction, proposed as part of the ordinance. However, in order to protect and preserve the established scale, character and context of the single family districts in the City, the proposed ordinance would still require a consistency in roof materials for all properties located In single family residential districts. On January 31, 2011, the Land Use and Development Committee referred the Ordinance to the Planning Board, with a favorable recommendation. On February 8, 2011, the Historic Preservation Board reviewed the proposed ordinance and recommended approval. On September 14, 2011, the subject Ordinance was approved on first reading. PLANNING BOARD ACTION On April 26, 2011, the Planning Board transmitted the subject Ordinance to the City Commission, with a favorable recommendation, by a 6 -0 vote. The Planning Board recommended further changes to section 142- 875(a)(1), in order to allow for more flexibility in the application of new roof materials in all districts, including single family districts. The Planning Board was comfortable that through the DRB process, appropriate roofing materials would be used on new and existing homes. On July 20, 2011, the Land Use and Development Committee reviewed the proposed Ordinance, as amended by the Planning Board. The Land Use Committee directed staff to add stronger compatibility language to the section of the Ordinance that will now permit differentiations in roofing materials within a single development site. The Land Use Committee also directed staff to incorporate `Line -of -Site' language into that portion of the Ordinance that would allow metal and glass roofing systems on `Contributing' buildings. The Administration is confident that the proposed ordinance will address the issues and concerns identified by the DRB and result in a more streamlined and flexible approval process for single family home owners. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. JMG /JGG /RGL/TRM T:\AGENDA\2011 \10- 19- 11\Roof Materials 2011 2nd Reading - MEMO.docx NE THURSDAY, OCTOBER 6, 2011 113NE r MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that second readings and public hearings will be held by the Mayor and City Commission of the of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY, OCTOBER 19th ", 2011, to consider the following: 15 a.m. Amendments To The Roofing Material Ordinance I. Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations ", Article IV, "Supplementary District Regulations Section 142 -875 "Roof Replacements" To Modify-And Expand The`Requirements. For•Roofing Materials In All Districts Inquiries may be directed to the Planning Department at (305) 673 -7550 10:20 aim. Stay Of Work And Proceedings On Appeal. • Ordinance Amending The Land Development Regulations Of The City Code. By Amending Chapter 118, "Administrative And Review Procedures," Article II, "Boards," Division 5, "Board Of Adjustment," Section 118 -137, "Stay Of Work And Proceedings On Appeal," Clarifying And Amending The Stay Provisions Applicable To Matters On Appeal To The Board Of Adjustment. Inquiries may be directed to the Planning Department at (305) 673 -7550. 10:25 a.m. • Ordinance Amending Chapter 10 Of The Miami Beach City Code Entitled "Animals," By Amending Section 10 -11, Entitled "Running At Large Prohibited" By Extending The Pilot Program Off -Leash Area For Dogs In South Pointe Park Until January 1, 2012 And By Adding Two (2) Hours In The Evening From 5:00 p.m. To 7:00 p.m. On Monday Through Friday; Providing For An Off-Leash Area On The Par 3 Golf Course From Sunrise To 9:00 A.M. Daily And From 5:00 p.m. To 7:00 p.m On Monday Through Friday Until Construction Commences On The Par 3 Golf Course. Inquiries may be directed to the Parks and Recreation Department at (305) 673 -7730. 10:30 a.m. - 4 Minimum Unit Size And Parking Requirements For Affordable Housing Projects_ An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 130 "Off- Street Parking," Section 130 -32 "Off- Street Parking Requirements For Parking District No. 1," And Section 130 -33 "Off- Street Parking Requirements For Parking _ Districts Nos. 2, 3, And 4," By Adding Parking Requirements For Housing For Low And /Or Moderate Income Non - Elderly Persons; . • Chapter 142 "Zoning Districts And Regulations," By Amending Article IV. "Supplementary District Regulations," By Amending Division 6 "Housing For Low And /Or Moderate Income Elderly Persons," By Including Non - Elderly Persons In The Regulations; Amending. Section., 142 -1181, "Purpose," Section 142 -1182 "Definitions," Section 142 -1183, "Unit Size," And Section 142 -1184 "Mandatory Criteria;" Amendiinig Division 3. "Residential Multifamily Districts," Subdivision II. "RM -1 Residential Multifamily Low Intensity Subdivision IV. "RM-2 Residential Multifamily, Medium Intensity," Subdivision V. "RM -3 Residential Multifamily, High - Intensity," Division 4. " CD -1 Commercial, Low Intensity District," Division 5. "CD -2 Commercial, Medium Intensity District," Division 6. "CD -3 Commercial;' High .Intensity= District," And Division 18. "PS Performance Standard District," By Including References To Division 6. "Housing For Low And /Or Moderate Income-Non-Elderly And Elderly Persons:" • Inquiries may be directed to the Planning Department at (305) 673 - 7550. 10:35 a.m. Recycling Ordinance: • An Ordinance Amending Chapter 90 Of The Miami Beach City Code, Entitled "Solid Waste," By Amending The Definitions In Article Entitled "In General," By Amending Section -90 -2, Entitled "Definitions"; By Amending Article 11 Entitled "Administration" By Amending The Penalties For Solid Waste Violations And To Provide Provisions And Penalties Relative To Recycling For Multifamily Residences And Commercial Establishments; By'Creating Article V, To Be Entitled "Citywide Recycling Program For Multifamily - Residences And Commercial Establishments," To Provide Provisions For Recycling Requirements And Enforcement, A Public Education Program, A Warning Period, An Enforcement Date, Collector Liability, A "Red Tag" Noticing System, Penalties, And Special Master Appeal Procedures. Inquiries may be directed to the Public Works Department at (305) 673 -7616. • 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 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(77Y) five days in advance to initiate your request TTY users may also call 711 (Florida Relay Service) - Ad #670