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Ordinance 2000-3233 ORDINANCE NO.2000-323 3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142- 246, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", AND SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY CLARIFYING THE DEFINITION OF GROUND FLOOR AND ROOFTOP ADDITIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the Code of the City of Miami Beach specifies certain maximum building height restrictions for ground floor additions and rooftop additions ; and WHEREAS, the City of Miami Beach deems it advisable to clarify that these regulations apply to ground floor and rooftop additions whether attached to the main building or detached from the main building; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-246, entitled "Development Regulations and Area Requirements" of Chapter 142, entitled"Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Subdivision V. RM-3 Residential Multifamily, High Intensity Sec. 142-246. Development regulations and area requirements. * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Maximum Lot Lot Unit Unit Building Number Area Width Size Size Height of Stories (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) 7,000 50 New New 150 16 construction- construction- -550 -800 Oceanfront Oceanfront Rehabilitated Rehabilitated lots--200 lots--22 buildings--40 buildings--55 Architectural Architectural 0 0 dist.: New dist: New Hotel unit: Hotel construction- construction- 15%: units--N/A -120; ground -13; ground 300--335 floor floor 85%: 335+ additions additions (whether (whether attached or attached or detached) to detached) to existing existing structures on structures on oceanfront oceanfront lots--50 lots--5 (except as (except as provided in provided in section section 142-1161) 142-1161) SECTION 2. That Section 142-1161, entitled "Height Regulation Exeptions" of Chapter 142, entitled "Zoning Districts and Regulations", of the Code of the City of Miami Beach, Florida is hereby amended to read as follows: Chapter 142 ZONING DISTRICTS AND REGULATIONS DIVISION 5. HEIGHT REGULATIONS 2 Sec. 142-1161. Height regulation exceptions. (d) Rooftop additions. * * * (2) Additional Regulations. Existing structures within an historic district shall only be permitted to have habitable one-story rooftop additions (whether attached or detached), with a maximum floor to ceiling height of 12 feet. No variance from this provision shall be granted. The additions shall not be visible when viewed at eye level (5'-6" from Grade) from the opposite side of the adjacent right-of-way; for corner properties, said additions 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 opposite side of the side street right-of-way. Notwithstanding the foregoing, the line-of-sight requirement may be modified as deemed appropriate by the joint design review/historic preservation board based upon the following criteria: (i)the addition enhances the architectural contextual balance of the surrounding area, (ii) the addition is appropriate to the scale and architecture of the existing building, (iii)the addition maintains the architectural character of the existing building in an appropriate manner, (iv) the addition minimizes the impact of existing mechanical equipment or other rooftop elements. The placement and manner of attachment of additions (including those which are adjacent to existing structures) are subject to joint design review/historic preservation board approval. SECTION 3. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 4. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA 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 Code of the City of Miami Beach 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. 3 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 on the 23rd slay of February , 2000. PASSED and ADOPTED this 4th day of March , 2000. ATTEST: MAYOR CITY CLERK 1st readomg 1/26/00 2nd reading 2/23/00 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City At ornife / Date RGL/rgl F:\PLAN\$PLB\NO V\ENGI1408\ENGINEER.ORD 4 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH,FLORIDA 33139 http:\\ci.m iam i-beach.fl.us COMMISSION MEMORANDUM NO. i -00 • TO: Mayor Neisen O. Kasdin and DATE: February 23,2000 Members of the City Commission FROM Lawrence A. Levy .1, City Manager Second Reading- Public Hearing SUBJECT: Ordinance- Clarifying Ground Floor and Rooftop Additions An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida Amending the Code of the City of Miami Beach, Florida,Amending Chapter 142, Entitled "Zoning Districts and Regulations", Section 142-246, Entitled"Development Regulations and Area Requirements",and Section 142- 1161, Entitled "Height Regulation Exceptions" by Clarifying the Definition of Ground Floor and Rooftop Additions; Providing for Inclusion in the Code of the City of Miami Beach,Florida; Repealer; Severability; and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, upon second reading public hearing, adopt the proposed amending Ordinance: ANALYSIS An amendment to the Land Development Regulations (LDR's) of the City Code to clarify the definition of ground floor and rooftop additions was requested by the members of the Planning Board at their October 26, 1999 regular meeting. As part of the comprehensive review of the zoning ordinance which was completed last year, the regulations regarding maximum allowable building heights were amended to address ground floor additions to buildings located in the RM-3 Residential Multi-family High Intensity zoning district within the Architectural District. Additionally, the zoning changes limited any rooftop additions within the City's historic districts to no more than one story. Recently, however, both of these provisions have been questioned by developers active in the City's Architectural District. In the case of the building height limitation on ground floor additions,the developer in question has argued that because his addition is not attached to the main building, but separated, it should not be considered a ground floor addition. In the case of the prohibition on rooftop additions of more than one story, a developer is arguing that because the addition is separated from the roof of the existing building by a small airspace, that the proposed AGENDA ITEM R 5 Pk DATE 2-23-DO Commission Memorandum February 23, 2000 Ordinance- Clarifying Ground Floor and Rooftop Additions Page 2 ANALYSIS (Continued) To clarify these issues, an ordinance has been drafted by Planning Department staff at the request of the Planning Board. The proposed ordinance would simply add the words "whether attached or detached"to two sections of the Land Development Regulations dealing with maximum building height. Currently, for the RM-3 zoning district, Section 142-246 limits the maximum number of stories for ground floor additions to existing structures on oceanfront lots within the Architectural District to 50 feet and 5 stories. By clarifying that the regulation applies to"ground floor additions (whether attached or detached)to existing structures",the ordinance will be clearly understood to be addressing all proposed additions to these historic properties. This provision had always been understood to be referring to additions to properties which have been historically configured to contain a main building, whether or not the proposed addition was actually attached to the main building or not. Otherwise, additions could be made to these historic properties which disregarded the scale and character of the original historical configuration. Regarding the limitation on rooftop additions,it was clear throughout the process of amending the zoning ordinance that the intent of this new regulation was to protect the integrity of the historic buildings, sight lines and view corridors of the City's historic districts. Clearly, allowing a structure of more than one story to be constructed over an existing building, simply because the new structure is separated by an airspace, is completely contrary to the Planning Board and the City Commission's intent when the legislation was approved. Clarifying that existing structures within historic districts shall only be permitted to have one-story rooftop additions (whether attached or detached),will be clearly understood to refer to all such structures. This will insure the protection of the historic character of the districts' buildings, sight lines and view corridors. At its December 20, 1999 meeting, the Planning Board voted to recommend approval of the proposed amending ordinance. On January 26, 2000, the Commission approved the proposed amending ordinance on first reading. At its February 8, 2000 meeting, the Historic Preservation Board also reviewed the proposed ordinance and passed a resolution recommending approval. (See attached). Based on the foregoing analysis,the Administration recommends that the Commission adopt,upon second reading public hearing, the proposed amending ordinance to Sections 142-246 and 142- 1161 of the Land Development Regulations of the Code of the City of Miami Beach, Florida, as it would clarify that the regulations regarding ground floor additions and rooftop additions apply to any addition, whether attached or detached. LAL\JAG\JG1\RggGL\r l Attachment T:\AGENDA\2000\FEB2300\REGULAR\1434CMM.WPD CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, February 23, 2000, at 2 :30 p.m. , to consider the ' ' adoption of the following ordinance : AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS" , SECTION 142-246, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS" , AND SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY CLARIFYING THE DEFINITION OF GROUND FLOOR AND ROOFTOP ADDITIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. Inquiries may be directed to the the Planning Department at (305) 673-7550 . ALL 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 this ordinance are available for public inspection during normal business hours in the City Clerk' s Office, 1700 Convention Center Drive, 1st Floor, City Hall, 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. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk' s office. Telephone (305) 673-7411 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800) 955-8770 (VOICE) , for assistance . CITY OF MIAMI BEACH DESIGN REVIEW/HISTORIC PRESERVATION BOARD RESOLUTION Re: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS", SECTION 142-246, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", AND SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY CLARIFYING THE DEFINITION OF GROUND FLOOR AND ROOFTOP ADDITIONS WHEREAS, the City of Miami Beach Design Review/Historic Preservation Board is charged by ordinance as serving in an advisory capacity to the City Commission and other City boards on issues affecting the City's historic districts; and WHEREAS, the proposed changes to the Land Development Regulations of the Miami Beach Code by clarifying the definition of ground floor and rooftop additions will have a positive impact on the Miami Beach's historic districts and sites as well as upon the composition and duties of the Board; and WHEREAS, the Code of the City of Miami Beach specifies certain maximum building height restrictions for ground floor additions and rooftop additions ; and WHEREAS, the City of Miami Beach deems it advisable to clarify that these regulations apply to ground floor and rooftop additions whether attached to the main building or detached from the main building; THEREFORE, it is hereby resolved that the Design Review/Historic Preservation Board unanimously endorses the proposed modifications to Section 142-246, entitled "Development Regulations and Area Requirements", and Section 142-1161, entitled "Height Regulation Exceptions" of the Miami Beach Code be adopted by the City Commission. PASSED AND ADOPTED THIS 8th DAY OF FEBRUARY, 2000. X14 Chair Design Review/Histor. /Preservation Board F:\PLAN\$HPB\RESO-ROO.WPD Sal 777 •-•-/ f / \ '7 q E C2 U / 2 u .� 2 al / 3 2 « 3 • '••-•' q � 3 k k k ? a) ] \ " 271- = § .\ c 9N •- _ .§ § •2 & 2 .2 2 § � § k � 3� 3 U 2 § k § k •