2002-3386 Ordinance
ORDINANCE NO. 2002-3386
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
*
*
*
10(4
II
l..
,j
Section 142-696. Residential performance standard area requirements
Residential Sub-districts
Minimum lot area
Minimum lot width
Required open
s ace ratio
Maximum building
Height
5,750 s . ft.
50 feet
0.60, see Sec. 142-
704
45 feet
Lots 50 feet wide or
less - 35 feet
5,750 s . ft
50 feet
0.65, see Sec. 142-704
45 feet
Lots 50 feet wide or less
- 35 feet
5,750 s . ft,
50 feet
0.70, see Sec. 142-
704
50 feet
Lots 50 feet wide or
less - 35 feet
Maximum number 5 5 5
of stories Lots 50 feet wide or Lots 50 feet wide or less Lots 50 feet wide or
less - 4 - 4 less - 4
1.25
1.50
1.75
New construction -
600
Rehabilitated
buildin s - 400
New construction -
850
Rehabilitated
buildin s - 550
15% = 300-335
square feet
85% = 335+ square
feet
Pursuant to Cha ter 130 and Section 142-705 re uirement
Pursuant to Chapter 130, Article III.
New construction -
700
Rehabilitated
buildin s - 400
New construction -
950
Rehabilitated
buildin s - 550
N/A
New construction - 650
Rehabilitated
buildings - 400
New construction - 900
Rehabilitated
buildings - 550
N/A
Pursuant to Cha ter 138
Pursuant to Article IV, division 3 of this cha ter.
5,750 s . ft.
50 feet
0.70, see Sec. 142-704
Non-oceanfront - 80 feet;
Oceanfront - 100 feet;
exceot that in the Ocean
Beach Historic District - 35
feet for the first 60 feet of lot
deoth. 75 feet thereafter.
subiect to the line-of-siaht
analvsis of Sec. 142-697(dl.
Lots 50 feet wide or less -
35 feet.
Non-oceanfront - 8
Oceanfront - 11
Lots 50 feet wide or less -
4
In the Ocean Beach
Historic District - 7
2.0
New construction - 550
Rehabilitated
buildings - 400
New construction - 800
Rehabilitated
buildings - 550
15% = 300-335 square feet
85% = 335+ square feet
. 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.
I
\
20'4
.L Notwithstanding the above height restrictions, existing structures within a local historic
district are subject to section 142-1161.
2. In the R-PS4 zonina district. within the Ocean Beach Historic District. when an existina
contributina structure is nonconformina with respect to the heiaht reaulations in Sec. 142-
696. such structure mav be repaired. renovated or rehabilitated reaardless of the cost of
such repair. renovation or rehabilitation. notwithstandina the provisions of Chapter 118.
Article IX. "Nonconformances."
3. Lots at a width of 50 feet or less aaareaated after the effective date of this ordinance with
adiacent parcels shall have a maximum heiaht of 35 feet and shall not be allowed the
increased heiaht 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,lnterior Side, Facing a Street Rear
At-grade 5 feet 5 feet 5 feet Non-oceanfront lots-5 feet
parking lot Oceanfront 10ts--50 feet
(below buildinol 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, exceot 5 feet Non-oceanfront lots--10% of
when section lot depth Oceanfront
ie) below lots--20% of lot depth, 50
aoolies. 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
exceot 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.
30f4
(d) In the R-PS4 zonina district. within the Ocean Beach Historic District. the tower oortion of
around-floor additions to contributina buildinas, or new construction shall meet a line-of-
siaht. which for the ouroose of this section is defined as not visible when viewed at eve-
level (5'6" from arade) from the oooosite side of the adiacent riaht-of-wav.
(e) In the R-PS4 zonina. district within the Ocean Beach Historic District. when an existina
contributina structure has a minimum 5-foot sidevard setback, the setback of new
construction in connection with the existina buildina may be allowed to follow the existina
buildina line. The maintenance of the existina setback shall aoolv to the linear extension
of the existina buildina.
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 fo
PASSED AND ADOPTED this 13th
ATTEST
JIJ; L\ (f ~cWA
CI CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
Underscore denotes new language
StFiketRFel::lgt-l denotes deleted language
F:\PlANI$PLB\2002\Flle 1562 - R-PS4 helghts\1562 RPS4 heights cc al17.doc
fI-~-OV"
Date
40'4
CITY OF MIAMl BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
Second reading public hearing to consider an ordinance of the Mayor and City Commission amending the
development regulations for the RPS-4 Residential Performance Standard zoning district.
Issue:
Should the City Commission amend the maximum height permitted for new development in that portion
of the RPS-4 zoning district that lies within the Ocean Beach Local Historic District to
1 . 35 feet for the first 60 feet of lot depth and 75 feet thereafter; and
2. the rear setback for the tower to be 120 feet from the bulkhead line?
Item Summa IRecommendation:
The Administration recommends that the City Commission review the attached ordinance as approved on
first reading at the October 23, 2002 meeting. The Commission has the option to adopt the ordinance on
second readin ,or consider further modifications if deemed necessa
Advlsorv Board Recommendation:
At the August 27, 2002 meeting, the Planning Board passed a motion (4-1, two members absent)
recommending that the Commission approve an ordinance that limits the height of the first 115 feet of lot
deoth to 35 feet, and 75 feet thereafter for lots wider than 50 feet.
Financial Information:
Source of
Funds:
D
Finance Dept.
CI Clerk's Office Le Islative Trackln :
Mercy Lamazares/Jorge G. Gomez, Planning Department
T:\AGENDAI2002\NOV130
AGENDA ITEM
DATE
fist
1{-1.3-o2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.cl.miami-beach.f1.us
COMMISSION MEMORANDUM
From:
Mayor David Dermer and
Members of the City Commission
Jorge M. Gonzalez ~. -.r-
City Manager ~ 0
Second Reading Public Hearing
Amendment to RP -4 development regulations
Date: November 13, 2002
To:
Subject:
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 EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission review the attached ordinance
as approved on first reading at the October 23, 2002 meeting. The Commission has the
option to adopt the ordinance on second reading, or consider further modifications if
deemed necessary.
BACKGROUND
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.
Aoril 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
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 and other sections of the City Code that were not part of the original version,
which had not been advertised.
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development regulations
Page 2 of 8
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 does need 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 certain amount of lot depth back from the street, past
which point new construction would be allowed to go higher.
July 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 letthe buildings get
a little taller in the back, but no taller than 55 feet.
July 23. 2002 - the Planning Board agreed to discuss the RPS-4 regulations at a separate
workshop meeting to be held on August 6,2002.
AUQust 6. 2002 - following the workshop, the Planning Board directed staff to draft an
ordinance for the RPS-4 district 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 shall 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 a planning perspective, from professional architects relative to
this proposed regulation.
. What would the impact of this ordinance be in relieving traffic capacity?
. Staff should start studying the lot aggregation issue citywide and bring it back to the
Board at a future date.
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. This ordinance does not
address the issue of lot aggregation.
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development regulations
Page 3 of 8
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 moved to approve Altemative 4,
which proposes a maximum height of 75 ft., but modified the lot depth from 115 feet to 60
feet, where the height will be restricted to a maximum of 35 feet. The Commission also
requested that a rear setback be included in the ordinance for second reading.
OVERVIEW
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, currently under construction, 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.
Address Name Year Height Floors Lot Size Condol No. of
Built (feet) (+1-\ Hotel/Apt Units
1 1 So. Pointe Dr," Continuum under 378 & 36& 12 acres condo
(2 bldas-.\ constr 431 42 +1-
2 101 Ocean Dr. Bentley Beach 2002 107 (3) 7/3 - 100 x 440 condolhotel 98
3 121 Ocean Dr. Sea Crest Apts. 1948 24 2 50 x 477 apt. 18
4 125 Ocean Dr. Villa Luisa 1940 42 3 50 x 426 hotel 50
5 135 Ocean Dr. Atlantic Vue 1964 641") 7/1". 50 x 421 apt. 471")
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 (+1-) 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 107 912- 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/ 78htl
aot. 15 aot
15 465 Ocean Dr. Royal Atlantic 1968 96 9/2- 219 x 330 condo 239
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development regulations
Page 4 of 8
Clarifvina notes for the table on previous paae:
* Currently, 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
(3) Submitted before height regulations were amended.
(4) Received a variance to convert rooftop mechanical/engineer's room into one residential
unit.
*
*
*
At the October 23, 2002 City Commission meeting, some of the public comments made
reference to inaccuracies in the table. Staff conducted a visual survey of properties listed
in the table and made clarifications relative to the height and number of floors, which are
explained in the notes above. It is important to note that the information in the table was
obtained through the records of the City's Building Department and the Miami-Dade County
Property Appraiser's database and assumed to be correct.
There was also a comment made referring to a permitted height of 200 feet in the RM-3
zoning districts in historic district. This comment was erroneous and in order to correct the
record, a reference needs to be made to Subdivision V. "RM-3 Residential Multifamily, High
Intensity" of the City Code. According to Sec. 142-246 "Development regulations and area
requirements," the maximum building height in the Architectural District (the area east of
Collins Avenue from 16th to 23rd Streets) for new construction is 120 feet. 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; 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 the approved relocation of 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 pursuantto Sec. 142-1161 (3)b ofthe 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
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development regulations
Page 5 of 8
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, 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 in this area and in later years, high-rises have been developed both in the R-PS4
and the R-PS3, which is the zoning district on the west side of Ocean Drive. It should be
noted that until 1999, both sides of Ocean Drive were designated R-PS4. The request, as
referred by the City Commission, deals with a small portion of this historic district, and
affects only oceanfront properties.
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
1 Excerpt from the Ocean Beach Historic District Designation Report, 1995.
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
November 13, 2002
Amendments to R-PS4 development regulations
Page 6 of 8
The City of Miami Beach has very strong Historic Preservation Regulations and the proof
of this statement is the evolution of the City as a destination place due in part to the
preservation of its historic neighborhoods, sites and contributing buildings. Staff believes
that Section 118-564 of the City Code details the review process for the issuance of a
Certificate of Appropriateness with enough clarity and detail to enable the Historic
Preservation Board to make a proper decision. Any addition to a site where there is an
existing contributing building would have to be scrutinized by the Historic Preservation
Board utilizing the evaluation and compatibility criteria listed in the City Code in order to
determine compatibility. In addition, the review process also includes criteria that review
the aesthetics, appearances, safety and function of any new or existing structure, public
interior space and physical attributes of the project in relation to the site, adjacent
structures and properties, and the surrounding community - all of this, before a Certificate
of Appropriateness is approved for modifications, alterations or new construction.
ANALYSIS
Following the request of the Commission at the October 23, 2002 meeting, staff drafted a
revised ordinance that incorporates 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 eastem-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 proposes 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 point
25 feet east of the erosion control line crossing the 50-ft. height of the pedestal, and
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development ragulations
Page 7 of 8
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:
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 buildina) 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, exceot 5 feet Non-oceanfront lots--10% of
when section lot depth Oceanfront
(d) below lots--20% of lot depth, 50
aoolies. 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
exceot 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. exceot
Beach that in the R-PS4 within the
Historic Ocean Beach Local Historic
District. the District. the minimum shall
minimum be 120 feet from the
shall be 60 bulkhead line.
feet.
*
*
*
Plannina Board Action
At the August 27,2002 meeting, after a lengthy discussion, and several failed motions, the
Planning Board passed a motion (4-1, two members absent) to recommend that the
Commission approve an ordinance that would allow a height of 35 feet for the first 115 feet
of lot depth and a maximum height thereafter of 75 feet, for lots wider than 100 feet. The
regulations for lots that are 50 feet wide or less remain unchanged.
Commission Memorandum
November 13, 2002
Amendments to R-PS4 development regulations
Page 8 of 8
City Commission Action
At the October 23, 2002 public hearing, the City Commission discussed and reviewed five
alternatives to the proposed amendments for the R-PS4 development regulations within
the Ocean Beach Local Historic District. The Commission approved Alternative 4 on first
reading, which proposes a maximum height of 75 ft., and changed the lot depth from 115
feet to 60 feet, where the height will be restricted to a maximum of 35 feet. The
Commission also requested that a rear setback be included in the ordinance for second
reading
CONCLUSION
Pursuant to Section 118-164 (3)a. of the City Code, at least ten days prior to adoption of
the proposed amending ordinance, shall be noticed in the newspaper. Immediately
following the second reading public hearing, the City Commission may adopt the ordinance
by a 517ths vote. W,h
JMG\~J~V.1r
T:\AGENDA\2002\NOV1302\REGULAR\1562 RPS-4 2nd rdg 11-13-02.doc
Prope
Line
6'3:
::'0
00..,.,
lil" _.""
::!l-c
:IE CIl Vl
-- (l. I
~ .j>.
;::')>0
~ fa" Vi"
::l 3 q-
g;~ii
iil'CIl
~.j>.
Bulkhead
Line
Erosion
Control
Line
~
.
,
c
'"
~
I
I
1
\ I
\1 0
\
~--------,
\ I
1
I
h
I ;;
I 1
i
~
I
'l'
<
.
..
1l
I
~
II
II
I I
/ I
I I
I I
I I
I I
I 1
I
I
I I
I I
I I
I I
It-----l ~
~
I ~
I .
I
I
I
I
I
o
I
I
/ ~
I\--"
I :e
I ~
I
--I-
I
I
I
ATTACHMENT #1
~
~
. CITY OF MtAMI BEACH
NOTICE OF A PUBLIC HEARING
NOTICE IS HEI'lEBY given that a public hearing will be held by the Mayor and
City Commission of tile City of Miami Seach, Florida. in tile Commission
Chambers, 3rd floor. City Hall, 1700 Convention Center Drive, Miami Seach,
Fiorida. on Wednesday, November 13, 2002, st 5:05 p.m., to consider
the following on first reading:
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; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND EFFECTIVE DATE,
Inquiries may be directed to tile 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 tIleir views in writing addressed to tile
City Commission, c/o the City Clerk. 1700 Convention Center Drive, 1 st 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 O'Iay 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., tile City hereby advises the public
tIla!: If a person decides to appeal any decision made by tile City Commission
with respect to any matter considered at Rs meeting or its hearing, such person
must ensure tIlat a verbatim record of the proceedings Is made, which. record
Includes tile testimony and evidence upon which the appeal.is to be based,
This . not~ does not constitute consent by the City for the introduction or
admiSllion of otherwise Inadmissible or irrelevant evidence, nor does
It aulhorfze challenges or appeals not otherwise allowed by law, '
In accordance witll the Americans witll Disabilities Act of 1990, persons
needing special accommodation to participate in tIlis proceeding should
contact the City Clerk's' office no later than four days prior to the proceeding,
telephone (305) 673-7411 for assistance; if hearing impaired, telephone tile
Florida Relay Service numbers, (800) 955-8771 (TOO) or (800) ll5lMlno
(VOICE), for assistance.
.
(Ad 10141)
S1
SUNDAY, NOVEMBER 3, 2002 The Herald
MB