Ordinance 2018-4187NORTH BEACH NATIONAL REGISTER CONSERVATION
DISTRICT OVERLAY — LDR REGULATIONS
ORDINANCE NO, 2018 -4187
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," BY AMENDING
ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY," BY AMENDING SECTION 142 -155
TO REFERENCE THE REQUIREMENTS FOR THE NORTH BEACH
NATIONAL REGISTER CONSERVATION OVERLAY; BY AMENDING
ARTICLE HI, "OVERLAY DISTRICTS," BY CREATING DIVISION 12,
ENTITLED THE "NORTH BEACH NATIONAL REGISTER
CONSERVATION DISTRICT OVERLAY," WHICH DIVISION WOULD
CREATE SPECIFIC DEVELOPMENT REGULATIONS FOR THE
OVERLAY, INCLUDING DEMOLITION REQUIREMENTS,
LIMITATIONS ON LOT AGGREGATION, REDUCTIONS IN UNIT SIZE,
MODIFICATIONS TO THE SETBACK AND HEIGHT REQUIREMENTS,
ADDITIONAL REQUIREMENTS FOR ROOFTOP ADDITIONS AND
ALLOWABLE HEIGHT EXCEPTIONS, AND INCLUSION OF DESIGN,
RESILIENCY, AND PARKING STANDARDS; AND BY AMENDING
CHAPTER 130, "OFF- STREET PARKING," DIVISION II, "DISTRICTS;
REQUIREMENTS," AT SECTION 130 -32, "OFF - STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY REDUCING
THE PARKING REQUIREMENTS FOR APARTMENT AND
APARTMENT HOTEL BUILDINGS LOCATED IN THE NORTH BEACH
NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the North Beach multifamily neighborhoods were largely developed
between 1935 and 1963 with low scale, Mid Century Modern buildings on 50 feet lots,
giving the area a cohesive and distinctive character; and
WHEREAS, on November 12, 2008, the Normandy Isles National Register
District was placed on the National Register of Historic places by the United States
Department of the Interior; and
WHEREAS, on November 18, 2009, the North Shore National Register District
was placed on the National Register of Historic places by the United States Department
of the Interior; and
WHEREAS, in order to ensure that new development is compatible with the as-
built character of National Register Districts, amendments to the RM -1 development
regulations, through the creation of a Conservation District Overlay are warranted; and
WHEREAS, the City desires to encourage the retention and preservation of
existing `Contributing' buildings in the National Register Districts, reduce parking
requirements and promote walking, bicycling and public transit modes of transportation,
as well as reduce the scale and massing of new development in the residential
neighborhoods.
WHEREAS, on February 8, 2017, the City Commission engaged the North
Beach Master Planner, Dover -Kohl, in a review and assistance capacity for this
ordinance; 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. Chapter 142, "Zoning Districts And Regulations," Article II, "District
Regulations," Division 3 "Residential Multifamily Districts," Subdivision II, "RM -1
Residential Multifamily Low Intensity," is hereby amended as follows:
Sec. 142 -155. - Development regulations and area requirements.
(a) The development regulations in the RM -1 residential multifamily, low density
district are as follows:
(4) For properties located in the North Shore and Normandy Isles National
Register Historic Districts, see Chapter 142, Article III, Division 12.
SECTION 2. Chapter 142, "Zoning Districts And Regulations," Article III, "Overlay
Districts," Division 12, "North Beach National Register Overlay" is hereby created as
follows:
DIVISION 12. NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT
OVERLAY
Sec. 142 -880. Location and purpose.
(a) The overlay regulations of this division shall apply to all new and existing
properties located in the RM -1 Residential Multifamily Low Intensity zoning district,
which are located within the boundaries of either the North Shore National Register
Historic District or the Normandy Isles National Register Historic District.
(b) In the event of a conflict with the regulations of the underlying RM -1 zoning
district, the provisions herein shall control.
(c) The purpose of this overlay district is to:
1. Provide land -use regulations that encourage the retention and preservation
of existing `Contributing' buildings within the National Register Districts.
2. To promote walking, bicycling and public transit modes of transportation.
3. To ensure that the scale and massing of new development is consistent with
the established context of the existing residential neighborhoods and
maintains the low- scale, as -built character of the surrounding
neighborhoods.
Sec. 142 -881. Compliance with regulations.
(a) Applications for a building permit shall be reviewed and approved in accordance
with all applicable development procedures specified in chapter 118.
(b) Existing structures shall be rehabilitated in general accordance with the Post-
War Modern /MiMo Design Guidelines as adopted by the design review board and
historic preservation board.
(c) The demolition of buildings within the North Beach National Register Overlay
shall comply with the following:
1. The demolition of a `contributing' building shall not be permitted for purposes
of creating a vacant lot or a surface parking lot.
2. No demolition permit for a `contributing' building not located within a local
historic district or site, shall be issued prior to the review and approval for the
new construction or site improvements by the design review board and until
all of the following criteria are satisfied:
i. The issuance of a building permit process number for the new
construction;
ii. The building permit application and all required plans for the new
construction shall be reviewed and approved by the Planning
Department;
iii. All applicable fees for the new construction shall be paid,
including, but not limited to, building permit and impact fees, as
well as applicable concurrency and parking impact fees;
iv. A tree survey, if required, shall be submitted and a replacement
plan, if required, shall be reviewed and approved by the
Greenspace Management Division;
v. All debris associated with the demolition of the structure shall be
recycled, in accordance with the applicable requirements of the
Florida Building Code.
3. The aforementioned demolition requirements shall not supersede the
regulations and requirements set forth in Chapter 118, Article X. In the
event of a conflict, the regulations in Chapter 118, Article X shall control.
Sec. 142 -882. Development regulations and area requirements.
The following overlay regulations shall apply to the North Beach National Register
Overlay. All development regulations in the underlying RM -1 regulations shall apply,
except as follows:
(a) There shall be no lot coverage limitation for properties zoned RM -1 within the
North Beach National Register Overlay district. The lot area, lot width, and lot
aggregation requirements for properties zoned RM -1 within the North Beach
National Register Overlay district are as follows:
Minimum
Minimum
Maximum
Maximum
Developable Lot
Developable
Developable
Developable
Area
Lot Width
Lot Width
Aggregation
(Square Feet)
(Feet)
(Feet)
(Platted Lots)
5,000 SF
50 feet
200 feet
Subject to Sec.
Developments
142 -883,
where all
two (2) lot
residential units
maximum
consist of
aggregation;
workforce or
up to three (3)
affordable
lots may be
housing shall
aggregated, if
have no
permitted by the
maximum lot
historic
width restriction.
preservation or
design review
board, as
applicable, and if
all `contributing'
buildings on the
aggregated site
are substantially
retained and
restored in
accordance with
Sec. 142 -883;
five (5) lot
maximum lot
aggregation may
be permitted if all
residential units
consist of
workforce or
affordable
housing for a
period of no less
than 50 years.
Educational and
religious
institutions,
existing as of
April 21, 2018,
and located on
lots consisting of
more than two
(2) platted lots
(b) The unit size requirements for the North Beach National Register Overlay district
are as follows:
Minimum
Average
Unit Size
may be retained,
provided all
existing buildings
on the lot are
retained.
New construction -400
New construction -500
`Contributing' buildings which are
There shall be
no variances
from these
maximum lot
aggregation
restrictions,
except for
existing lots
where all
structures are
proposed to be
retained, and
provided no
additional lots
are added.
(b) The unit size requirements for the North Beach National Register Overlay district
are as follows:
Minimum
Average
Unit Size
Unit Size
(Square Feet)
(Square Feet)
New construction -400
New construction -500
`Contributing' buildings which are
Workforce or Affordable housing – 400
substantially retained and restored -300
`Contributing' buildings which are
Additions to `contributing' buildings which are
substantially retained and restored —400
substantially retained and restored - 300.
Additions to `contributing' buildings which are
substantially retained and restored - 400.
(c) The height requirements for RM -1 properties within the North Beach National
Register Overlay district are as follows:
1. The maximum building height for new construction shall be 32 feet for the
first 25 feet of building depth, as measured from the minimum required front
setback and a maximum of 45 feet for the remainder of the building depth.
The Design Review or Historic Preservation Board, as applicable, may
allow for up to the first 32 feet in height to be located within the first 20 feet
of building depth, as measured from the minimum required front setback,
For properties that contain at least one 'contributing' building, and provided
that at least 50 percent of all existing `contributing' buildings on site, as
measured from the front elevation, are substantially retained and restored a
maximum of 55 feet may be permitted by the design review board or
historic preservation board, as applicable. The Design Review Board may
waive the aforementioned requirement for the 50 percent retention of
existing `contributing' buildings, provided at least 25 percent of all existing
`contributing' buildings on site, as measured from the front elevation, are
substantially retained and restored. For properties located within local
historic districts, the Historic Preservation Board, at its sole discretion, shall
determine the retention requirements for all `contributing' buildings.
2. In the event that the existing building exceeds 32 feet in height, that existing
height shall control.
3. Rooftop additions to existing `contributing' buildings, not located within a
local historic district, may be reviewed and approved at the administrative
level, in accordance with the following:
a. The roof -top addition shall not exceed one story, with a
maximum floor -to- ceiling height of 10 feet.
b. There shall be no demolition of original significant
architectural features, as determined by the Planning Director
or designee.
c. The roof -top addition shall be setback a minimum of 20 feet
from the front facade.
d. A minimum of 75 percent of the front and street side building
elevations shall be retained.
4. Elevator and stairwell bulkheads extending above the main roofline of a
building shall be required to meet the line -of -sight requirements set forth in
section 142 -1161 herein and such line -of -sight requirement, unless waived
by either the historic preservation board or design review board, as may be
applicable.
5. Shade structures, including awnings, trellises and canopies may be
permitted as an allowable height exception, provided they do not exceed
10 feet in height above the associated roof deck, and shall be subject to
the review and approval of the historic preservation board or design review
board, as applicable.
(d) Exterior building and lot standards
1. Ground floor requirements. When parking or amenity areas are provided at
the ground floor level below the first habitable level, the following requirements
shall apply:
a. A minimum height of 12 feet shall be provided, as measured from base
flood elevation plus minimum freeboard to the underside of the first floor
slab, The design review board or historic preservation board, as
applicable, may waive this height requirement by up to two feet, in
accordance with the design review of certificate of appropriateness
criteria, as applicable.
b. All ceiling and sidewall conduits shall be internalized or designed in
such a manner as to be part of the architectural language of the building in
accordance with the design review or certificate of appropriateness
criteria, as applicable.
c. Active outdoor spaces that promote walkability, social integration, and
safety shall be provided at the ground level, in accordance with the design
review or certificate of appropriateness criteria, as applicable.
2. There shall be no minimum or maximum yard elevation requirements, or
maximum lot coverage requirements within the North Beach National Register
Overlay.
(e) The setback requirements for all buildings located in the RM -1 district within the
North Beach National Register Overlay district are as follows:
Front
Interior Side
Street Side
Rear
North Shore
10 feet
Non- Waterfront:
Five (5)
Non
Lot width of 60 feet or
feet
waterfront lots
less: five (5) feet.
— five (5) feet
Lot width of 61 feet or
Waterfront
greater: 7.5 feet, or eight
lots — 10
percent (8 %) of lot width,
percent of lot
whichever is greater.
depth
Waterfront:
7.5 feet, or eight percent
(8 %) of lot width,
whichever is greater.
Additionally, regardless of
lot width, at least one
interior side shall be 10
feet or 10 percent of lot
width, whichever is
greater.
Biscayne
10 feet
Non - Waterfront:
Five (5)
10 percent of
Beach
Lot width of 60 feet or
feet
lot depth
less: five (5) feet.
Lot width of 61 feet or
greater: 7.5 feet, or eight
percent (8 %) of lot width,
whichever is greater.
Waterfront:
7.5 feet, or 8% of lot
width, whichever is
greater.
Additionally, regardless of
lot width, at least one
interior side shall be 10
feet or 10 percent of lot
width, whichever is
greater.
Normandy Isle
20 feet
Non - Waterfront:
Five (5)
Five (5) feet
and Normandy
Waterfront:
Lot width of 60 feet or
feet
Waterfront:
Shores
25 Feet
Tess: five (5) feet.
10 percent of
Lot width of 61 feet or
lot depth,
greater: 7.5 feet, or eight
maximum 20
percent (8 %) of lot width,
feet
whichever is greater.
Waterfront:
7.5 feet, or eight percent
(8 %) of lot width,
whichever is greater.
Additionally, regardless of
lot width, at least one (1)
interior side shall be 10
feet or 10 percent of lot
width, whichever is
greater.
(1) Setbacks for at -grade parking and subterranean levels, if permitted, shall be
the same as set forth in Section 142 -156.
(2) Notwithstanding the above, for rooftop additions located on `Contributing'
buildings, such additions may follow any existing non - conforming interior
side or rear setbacks. Provided at least 33 percent of an existing
`contributing' building, as measured from the front elevation, is substantially
retained and restored, any new ground level addition, whether attached or
detached, may also follow any existing non - conforming interior side or rear
setbacks. For properties located within local historic districts, the Historic
Preservation Board, at its sole discretion, shall determine the retention
requirements for all `contributing' buildings.
Sec, 142 -883. Lot Aggregation Guidelines.
Where a development is proposed on two (2) or more lots, if approved for an
aggregation of greater than 2 Tots by the Design Review Board or Historic Preservation
Board, as applicable, new construction shall comply with the following:
(a) For properties located outside of local historic districts, at least 33 percent of all
existing 'contributing' buildings, as measured from the front elevation, shall be
substantially retained and restored. The Design Review Board may waive this
building retention requirement, provided at least 25 percent of each existing
`contributing' buildings on site, as measured from the front elevation, is
substantially retained and restored.
For properties located within local historic districts, the Historic Preservation
Board, at its sole discretion, shall determine the retention requirements for all
`contributing' buildings within the aggregated site.
New construction shall acknowledge the original platting of the assembled
parcels through separation of buildings and appropriate architectural treatment
within the building's facade.
For development sites consisting of 2 platted lots or less, the width of any new
building shall not exceed 85 feet.
Lei For development sites consisting of 3 platted lots, the first 50 feet of building
depth shall require a minimum separation of ten (10') feet for every 85 feet of
building width within a single site. The Design Review or Historic Preservation
Board, as applicable, may waive these building width and separation
requirements.
fl For waterfront developments greater than two (2) Tots in width, a view corridor
through the parcel, open to the sky, shall be required. The location and
dimensions of such view corridor shall be subject to the Design Review or
Historic Preservation Board, as applicable.
g) A courtyard or semi - public outdoor area, comprised of at least 500 square feet,
shall be required. Private terraces at the ground level may be included within
this 500 square feet, provided individual units can be accessed directly from the
exterior of the terrace.
The aforementioned requirements listed in Sec. 142- 883(b) shall not be applicable to
any development where all residential units consist of workforce or affordable housing,
Sec. 142 -884. Design and Resiliency Standards.
(a) All levels of an existing structure located below Base Flood Elevation plus one
(1) foot (BFE +1') may be repurposed with non - habitable uses.
(b) Subterranean levels shall only be permitted in the event that the space is
•ur•osed and designed as •art of a storm water mana•ement •Ian includin• but not
limited to storm water collection and cisterns for reuse of captured water.
(c) All dwelling units in new construction shall be designed to incorporate exposure
to natural light from at least two (2) elevations of the building volume.
(d) New construction shall be designed to incorporate naturally landscaped areas at
the ground level, in addition to the minimum setback requirements, which is equal to or
greater than five (5) percent of the total lot area.
(e) For new construction using common vertical circulation and access corridors, a
non - emergency, convenience stair, accessing, at a minimum, the first three (3)
residential floors, shall be required. Such stair shall be designed in an open manner,
and shall connect directly to the exterior of the building, or to the entrance lobby.
(f) For raised yards requiring a retaining wall, the exterior of such wall, on all sides,
shall be designed and finished in a manner that result in a high quality appearance
when seen from adjoining properties.
(q) Landscaping within view corridors, with the exception of canopy trees, shall be
maintained at a height not to exceed three (3) feet from sidewalk elevation.
(h) In all instances where the existing elevation of a site is modified, a site shall be
designed with adequate infrastructure to retain all stormwater on site in accordance with
all applicable state and local regulations.
Sec. 142 -885. Additional Parking Standards.
(a) All parking shall be located no higher than the ground floor level. Ramps or
parking above the first floor shall be prohibited. However, mechanical lifts may be
proposed at the first level, provided all lifts are fully screened from view and not visible
from adjacent properties, the public right -of -way or any waterfront.
(b) All exterior parking and driveway surface areas shall be composed of semi -
pervious or pervious material such as concrete or grass pavers, set in sand.
(c) Required wheel stops shall be low profile and shall not exceed five (5) feet in
width.
(d) All parking areas shall meet minimum front and rear yard setback requirements
for buildings.
(e) A maximum of a single, one -way driveway curb cut per platted lot within a
development site shall be permitted, and the maximum width of a driveway curb cuts
shall not exceed 10 feet. Additionally, if approved by the design review board or historic
preservation board, as applicable, two (2) separate one -way curb cuts may be
permitted on a thru -lot, when such lot is accessible from two (2) different roadways, or a
corner lot.
(f) On waterfront Tots, parking areas shall only be secured by substantially open,
picket fencing within required front yards and rear waterfront yards.
SECTION 3. Chapter 130 of the City Code, entitled "Off- Street Parking," Article II,
"Districts; Requirements," is hereby amended as follows:
Sec. 130 -32. - Off - street parking requirements for parking district no. 1.
Except as otherwise provided in these land development regulations, when any
building or structure is erected or altered in parking district no. 1, accessory off- street
parking spaces shall be provided for the building, structure or additional floor area as
follows:
(6) Apartment building and apartment- hotel:
a. Apartment buildings in RM -1 or RM -2 zoning districts on lots that are
65 feet in width or less: There shall be no parking requirement,
provided secure storage for alternative transportation such as
scooters, bicycles, and motorcycles, is provided.
b. Apartment buildings in RM -1 or RM -2 zoning districts on lots wider
than 65 feet: One (1) space per unit for units between 550 and 1,600
square feet; two spaces per unit for units above 1,600 square feet.
c. Apartment units in all other zoning districts:
1. One and one -half (1 '/) spaces per unit for units between 550 and
999 square feet;
2. One and three- quarters (1 3/4) spaces per unit for units between
1,000 and 1,200 square feet;
3. Two (2) spaces per unit for units above 1,200 square feet.
d. Designated guest parking: Developments of 20 units or less shall
have no designated guest parking requirements. Multi - family
buildings and suites- hotels with more than 20 units shall be required
to provide supplemental designated guest parking equal to ten
percent of the required residential parking spaces.
e. When located within the North Beach National Register Conservation
Overlay District the following parking requirements shall apply:
Zero (0) spaces per unit for:
(a) buildings on lots that are 65 feet in width or less;
(b) development sites with six (6) units or less, regardless of lot
width;
(c) new buildings on development sites with existing buildings
that do not contain off - street parking, where total number of
new units does not exceed the number of existing units.
ii. One (1) space per unit for buildings on lots greater than 65 feet
in width. In the event that the property owner can substantiate
that the proposed new construction will not need to provide
off - street parking, the design review board or historic
preservation board, as applicable, may waive the parking
requirement.
For existing apartment, apartment -hotel and hotel buildings,
which are classified as `contributing' and of which at least 75
percent of the front and street side elevations, and 25 percent
of interior side elevations, are substantially retained,
preserved and restored, there shall be no parking
requirement for the existing structure, and any new additions,
whether attached or detached, regardless of lot width and
number of units. Any proposed addition to the existing
structure shall be subject to the review and approval of the
design review board or historic preservation board, whichever
has jurisdiction, and shall include a renovation plan for the
existing structure that is fully consistent with the Secretary of
the Interior Guidelines and Standards for the Rehabilitation of
Historic Buildings.
For existing apartment and apartment hotel buildings, which arc
National -- Register District or the North Shore National Register District,
there shall be no parking requirement for the existing structure, and any
detached. The proposed addition to the existing structure shall be
historic preservation board, whichever has and shall
include a renova
the rehabilitation of historic buildings.
SECTION 4. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith are hereby repealed.
SECTION 5. CODIFICATION.
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 re- numbered or
re- lettered to accomplish such intention; and that the word "ordinance" may be changed
to "section" or other appropriate word.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /1 day of
ATTEST:
Rafael E. Grariado, City Clerk
First Reading: December 13, 2017
Second Reading: April 11, 2118
Verified By:
Thomas R. ooney,
Planning Director
, 2018.
\,ACJOC'`
VED AS TO
LANGUAGE
EXECUT N
Date
T:WGENDA\2018 \04 April \Planning \NB NR Conservation District Overlay Zoning Regulations - Clean Version
Adopted.docx
M
AM BEACH
Ordinances - R5 J
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 11, 2018
1:40 p.m. Second Reading Public Hearing
SUBJECT: NORTH BEACH NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE II, "DISTRICT REGULATIONS,"
DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM -1
RESIDENTIAL MULTIFAMILY LOW INTENSITY," BYAMENDING SECTION 142 -155
TO REFERENCE THE REQUIREMENTS FOR THE NORTH BEACH NATIONAL
REGISTER CONSERVATION OVERLAY; BY AMENDING ARTICLE Ill, "OVERLAY
DISTRICTS," BY CREATING DIVISION 12, ENTITLED THE "NORTH BEACH
NATIONAL REGISTER CONSERVATION DISTRICT OVERLAY," WHICH DIVISION
WOULD CREATE SPECIFIC DEVELOPMENT REGULATIONS FOR THE
OVERLAY, INCLUDING DEMOLITION REQUIREMENTS, LIMITATIONS ON LOT
AGGREGATION, REDUCTIONS IN UNIT SIZE, MODIFICATIONS TO THE
SETBACK AND HEIGHT REQUIREMENTS, ADDITIONAL REQUIREMENTS FOR
ROOFTOP ADDITIONS AND ALLOWABLE HEIGHT EXCEPTIONS, AND
INCLUSION OF DESIGN, RESILIENCY, AND PARKING STANDARDS; AND BY
AMENDING CHAPTER 130, "OFF- STREET PARKING," DIVISION II, "DISTRICTS;
REQUIREMENTS," AT SECTION 130 -32, "OFF- STREET PARKING
REQUIREMENTS FOR PARKING DISTRICT NO. 1," BY REDUCING THE
PARKING REQUIREMENTS FOR APARTMENT AND APARTMENT HOTEL
BUILDINGS LOCATED IN THE NORTH BEACH NATIONAL REGISTER
CONSERVATION DISTRICT OVERLAY; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On October 11, 2016, the Historic Preservation Board (HPB) reviewed preliminary evaluation reports
for the proposed North Shore and Normandy Isles Local Historic Districts. The HPB recommended
Historic Designation Reports be prepared in accordance with the boundaries recommended in the
North Beach Master Plan. These local districts have gone through the designation process and are
currently pending before the City Commission.
On December 9, 2016, the Mayor and City Commission held a Special City Commission meeting and
modified the boundaries of the proposed Local Historic Districts recommended by the Historic
848
Preservation Board on October 11, 2016. Additionally, at the request of Commissioner John
Elizabeth Aleman, the City Commission referred a discussion regarding a zoning overlay and
conservation districts for the North Shore and Normandy isles National Register Districts to the Land
Use and Development Committee (Item R9A).
On January 18, 2017, the Land Use and Development Committee (LUDO) discussed the first draft of
the ordinance prepared by staff in detail, and substantial public input was provided. Pursuant to this
discussion, and the feedback from the LUDC, the following updates were incorporated into the draft
ordinance:
• The lot aggregation regulations have been further tightened to only permit the aggregation of a third
lot when a contributing building is substantially retained;
• Latitude has been provided for the DRB /HPB to waive roof encroachments of stair and elevator
bulkheads.
The item was then continued to a date certain of February 15, 2017. On February 15, 2017, the item
was continued to a date certain of March 8, 2017. The LUDC also referred the item to the North
Beach Master Plan Steering Committee for further discussion and a recommendation.
On February 24, 2017, the North Beach Master Plan Steering Committee convened and discussed
the ordinance proposal. The Steering Committee recommended that certain issues be further
addressed and continued the item to March 10, 2017.
On March 8, 2017, an update on the discussion at the Steering Committee was provided to the
LUDC, and the item was continued to the April 19, 2017 LUDC meeting. On April 19, 2017, the item
was continued to the May 10, 2017 LUDC meeting.
On March 10, 2017, the North Beach Master Plan Steering Committee discussed the proposal and
continued the discussion to their April 6, 2017 meeting. On April 3, 2017, at the invitation of the North
Beach Alliance, the Planning Director made a presentation regarding the proposed ordinance and
participated in a question and answer session. On April 6, 2017, the Steering Committee discussed
the conservation district briefly and, due to time limits, continued the discussion to April 27, 2017. On
April 27, 2017, the North Beach Master Plan Steering Committee recommended approval of the
Conservation District Overlay, as revised.
On May 10, 2017, the LUDC approved by acclamation a recommendation that the City Commission
refer the proposed North Beach National Register Conservation District Overlay Ordinance to the
Planning Board, as recommended by the Steering Committee, including the following additional
recommendations on parking and landscaping:
• All parking shall be located at grade; no ramps or parking above the first floor shall be permitted.
However, mechanical lifts may be proposed at the first level, provided all Lifts are fully screened from
view and not visible from adjacent properties, the public ROW or any waterfront;
• All parking and driveway surface areas shall be composed of pervious material such as concrete or
grass pavers, set in sand;
• Required wheel stops shall be low profile and not exceed 5 feet in width;
• All parking areas shall meet minimum front and rear yard setback requirements for buildings;
849
• A maximum of one driveway curb cut per development site may be permitted, and the maximum
width of such driveway curb cut shall not exceed 10 feet;
• On waterfront lots, parking areas shall only be secured by substantially open, picket fencing within
required front yards and rear waterfront yards;
• Landscaping within view corridors, with the exception of canopy trees, shall be maintained at a
height not to exceed 3 feet from sidewalk elevation.
The above noted parking standards would apply regardless of whether parking is required or not.
On June 7, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission
referred the North Beach National Register Conservation District Overlay Ordinance, in accordance
with the May 10, 2017 recommendation of the Land Use Committee, to the Planning Board (Item
C4E).
BACKGROUND
The "Normandy Isles National Register District" was listed on the National Register of Historic Place
on November 12, 2008. This district is generally bounded by Biscayne Bay to the south, Ray Street,
Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and
the western bulkhead of Indian Creek to the east.
The "North Shore National Register District" was listed on the National Register of Historic Places
on November 18, 2009. This district is generally bounded by 73rd Street to the south, Dickens
Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins
Court and the eastern bulkhead of the Atlantic Ocean to the east.
Each of these National Register Districts has a designation report, which contains detailed
information and data on the history, architecture and building types in the district. Additionally,
Planning Department staff has prepared comprehensive local historic district designation reports for
the local district boundaries authorized by the City Commission. On January 17, 2018, the Normandy
Isles and North Shore Local Historic Districts were adopted by the City Commission. The final piece
of the North Beach local historic district designation, the Tatum Waterway area, is scheduled to go
before the City Commission on April 11, 2018 for First Reading.
PLANNING ANALYSIS
The proposed ordinance would create an overlay for the RM -1 zoning district within the North Beach
National Register Districts. The proposed North Beach National Register Conservation District
Overlay is comprised of area specific regulations that are intended to incentivize the retention of
existing `Contributing' buildings, as well as ensure that new infill buildings are compatible with their
surroundings. The proposed draft ordinance includes specific development regulations related to the
following:
• Demolition standards;
• Lot area and width;
• Platted lot aggregation;
• Unit size requirements;
• Off - street parking requirements;
• Building heights and roof -top additions;
• Setbacks;
• Design and resiliency standards;
Parking design standard.
850
The proposal varies slightly from a traditional `Neighborhood Conservation District' (NCD), as the
same development regulations and standards that would be part of an NCD would be implemented in
the form of a zoning overlay. This overlay would be applicable to the entire boundary of each National
Register District that is in a RM -1 zoning district, regardless of whether the property is located inside
or outside of a locally designated historic district.
The reason for this approach is to apply consistent standards for new construction within the entirety
of the National Register District boundaries, including the areas being considered for local historic
designation. This will ensure cohesion of future development within the larger National Register
areas.
Additionally, demolition standards, as well as incentives for the retention of 'Contributing' buildings,
are proposed. The following is a summary of such demolition standards and incentive proposals,
which were contained in the initial draft of the ordinance:
• Demolition of contributing structures within the overlay district shall not be permitted for purposes of
creating a vacant lot or a surface parking lot.
• For the demolition of a 'Contributing Building', a demolition permit shall not be issued prior to the
review and approval for the new construction or site improvements by the Design Review Board
(DRB) or Historic Preservation Board (HPB) as applicable, and until certain minimum criteria are
satisfied.
• The minimum and average unit size is reduced for sites containing a 'Contributing' buildings as well
as additions to `Contributing' buildings which are substantially retained and restored.
• For existing apartment, apartment -hotel and hotel buildings, which are classified as 'Contributing'
and which are being substantially retained, preserved and restored, there is not a parking
requirement for the existing structure, and any new additions, whether attached or detached,
regardless of the lot width and number of units.
• For properties that contain at least one 'Contributing' building, the maximum building height can be
up to five stories and 60 feet for the lot depth in excess of 30 feet from the front setback, provided that
at least 33% of all the existing `Contributing' buildings, as measured from the front elevation, are
substantially retained and restored.
• For rooftop additions located on 'Contributing' buildings, any non - conforming interior side or rear
setback may be extended to the new construction.
• For properties that contain at least one 'Contributing' building, the aggregation of 3 lots may be
proposed, provided that at least 33% of all existing 'Contributing' buildings, as measured from the
front elevation, are substantially retained and restored.
PLANNING BOARD REVIEW
On June 27, 2017 the Planning Board discussed the proposal, provided feedback and continued the
item to July 25, 2017. Subsequent to the June 27, 2017 Planning Board meeting, the Ordinance title
was updated (and re- noticed) to be more descriptive, and the proposed modifications to the parking
requirements were moved from the overlay district to chapter 130, "Offstreet parking requirements ".
Also, the following minor adjustments were made to the legislation, in accordance with the discusion
at the June 27, 2017 Planning Board meeting:
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1. The setbacks for rooftop additions located on 'Contributing' buildings have been clarified, In this
regard, such additions may follow any existing non - conforming interior side or rear setbacks.
Additionally, any new ground level addition, whether attached or detached, may also follow an
existing non- conforming interior side or rear setbacks, provided at least 33 percent of an existing
'contributing' building, as measured from the front elevation, is substantially retained and restored.
2. The requirement for a non - emergency, convenience stair has been clarified and is now required to
access, at a minimum, the first three residential floors.
3. The proposed limitations on curb cuts have been modified to allow more than one curb cut, if
approved by the design review board or historic preservation board, as applicable, on a thru -lot, when
such lot is accessible from 2 different roadways, or a corner lot.
Finally, a corresponding Comprehensive Plan amendment, to address the proposed reductions in
minimum unit size, was been drafted as a separate ordinance for review.
On July 25, 2017, the Board reviewed the Ordinance and continued the item to a date certain of
September 26, 2017. At the request of the housing authority, the Planning Board, on September 26,
2017, endorsed minor tweaks to the Ordinance, clarifying that the maximum lot area, maximum lot
width and no variance provisions would not be applicable to developments containing workforce or
affordable housing. Additionally, the ability for the DRB or HPB to waive view corridor requirements
for developments containing workforce or affordable housing was endorsed by the Planning Board.
These minor text changes, which are consistent with previous City Commission direction regarding
lot aggregation for applicable developments containing workforce or affordable housing, were
incorporated into the revised Ordinance.
On September 26, 2017, the Planning Board continued the item to a date certain of October 24,
2017. On October 24, 2017 the Board continued the item to a date certain of November 21, 2017.
On November 21, 2017, the Planning Board reviewed the item and transmitted the proposed
Ordinance Amendment to the City Commission with a favorable recommendation, with the following
recommendations:
1. Maximum Developable Lot Area and Maximum Developable Lot Width Requirements.
Under Sec. 142- 882(a), the proposed ordinance sets forth limits on maximum developable lot area
(maximum of 15,000 square feet) and maximum developable lot width (150 feet). The Planning Board
recommends the deletion of these proposed maximum developable lot area and maximum
developable lot width requirements. The Board concluded that limitations on maximum lot
aggregation would ensure appropriately scaled development. Further, it would allow for 3 lot
aggregations on those sites that may slightly exceed the proposed maximum lot area and width, due
to platting or lot acquisition anomalies that occurred over time.
2. Maximum Height Exceptions. Under Sec. 142- 882(c), pertaining to maximum height
requirements, properties that contain at least one 'contributing' building may exceed the maximum
height requirements proposed, provided that at least 50 percent of all existing 'contributing' buildings
on site, as measured from the front elevation, are substantially retained and restored. The Planning
Board recommends that the Design Review Board (DRB) or Historic Preservation Board (HPB), as
applicable, be permitted to waive these minimum retention requirements for contributing buildings.
The Board concluded that since the Tatum Waterway area was placed back into the proposed local
historic district boundaries, the historic preservation board would be better equipped, through the
certificate of appropriateness process, to determe what portions of contributing buildings should be
retained.
852
3. Minimum Setback Requirements. Under Sec. 142- 882(d), for rooftop additions located on
`contributing' buildings, as well as any new ground level addition, whether attached or detached, such
additions may follow any existing non - conforming interior side or rear setbacks. However, at least 33
percent of the `contributing' building, as measured from the front elevation, must be substantially
retained and restored. The Planning Board recommends that the Design Review Board (DRB) or
Historic Preservation Board (HPB), as applicable, be permitted to waive these minimum retention
requirements for contributing buildings.
4. Lot Aggregation Standards. Under Sec. 142- 883(b), development proposed on three (3) lots
must contain at least one (1) `contributing' structure. Additionally, the following is required for a 3 lot
aggregation:
a. At least 33 percent of all existing `contributing' buildings, as measured from the front elevation, shall
be substantially retained and restored;
b. New construction shall acknowledge the original platting of the assembled parcels through
architectural treatment within the building's facade;
c. A view corridor though the parcel, open to the sky, shall be required above the second floor of the
building. The Design Review or Historic Preservation Board, as applicable, may waive this view
corridor requirement for developments where all residential units consist of workforce or affordable
housing.
d. The width of any new building shall not exceed 85 feet.
e. A courtyard or semi - public outdoor area, comprised of at least 500 square feet, shall be required.
Private terraces at the ground level may be included within this 500 square feet, provided individual
units can be accessed directly from the exterior of the terrace.
The Planning Board also recommended that the Design Review Board (DRB) or Historic
Preservation Board (HPB), as applicable, be permitted to waive the above noted minimum building
retention, view corridor and building width requirements. Additionally, the Planning Board
recommended that none of the lot aggregation standards specified under Sec. 142- 883(b) be
applicable to workforce or affordable housing.
SUMMARY
The initial draft of the overlay ordinance presented to the Land Use and Development Committee
(LUDC) on January 18, 2017 was the first step in a comprehensive process for creating tangible
development regulations for the larger North Beach National Register areas. As indicated previously,
and reiterated on multiple occasions, staff believes that through stakeholder input, including the North
Beach Master Plan Steering Committee, residents, property owners and businesses, these
regulations have been continually refined.
After the initial discussions at the LUDC, on February 8, 2017, the City Commission authorized the
Administration to engage the North Beach Master Planner (Dover -Kohl) in a review and assistance
capacity for the conservation overlay district ordinance. Staff engaged Dover -Kohl in this regard, and
as part of the evaluation by the North Beach Master Plan Steering Committee. Dover -Kohl
participated in staff discussions regarding the ordinance, attended meetings of the North Beach
Master Plan Steering Committee, and put together a series of drawings and renderings illustrating
existing conditions and the impact of the proposed conservation district regulations.
As noted previously, with regard to the recommendations of the Planning Board, the Administration
agrees with the proposal to remove the maximum developable lot area and maximum developable lot
width requirements. In this regard, the limitations on maximum platted lot aggregation would ensure
appropriately scaled development. Further, as noted by the Planning Board, 3 lot aggregations could
853
be proposed on sites that may slightly exceed the proposed maximum lot area and width, due to
platting or lot acquisition anomalies that have occurred over time.
The Administration did have concerns with the remainder of the recommendations of the Planning
Board, as noted hereto:
• Regarding the proposal to amend Sec. 142- 882(c), allowing the Design Review Board (DRB) or
Historic Preservation Board (HPB), as applicable, to waive the minimum retention requirement of
50% of contributing buildings, when additional building height is proposed, the Administration
recommends that any such waiver have a definable cap. As proposed, an open ended waiver could
result in a very small portion of the existing building being retained, in order to gain additional height.
Specifically, it is recommended that any DRB or HPB waiver require that at least 25 percent of all
existing 'contributing' buildings on site, as measured from the front elevation, be substantially retained
and restored. Alternatively, since the Tatum Waterway area was placed back into the proposed local
historic district boundaries, the height incentives could simply be removed in their entirety, as the
historic preservation board would be able to determine which buildings should be retained within local
district boundaries, through the certificate of appropriateness process.
• The Administration is not in support of the proposal to amend Sec. 142- 882(d), allowing, the DRB
or HPB, as applicable, to waive the minimum retention requirements for contributing buildings, in
order to retain non - conforming setbacks associated with rooftop and ground level additions to
'contributing' buildings. As proposed, such an open ended waiver could result in only a very small
portion of the existing building being retained, in order to maintain existing, non - conforming setbacks
for a substantially new building. Additionally, the ordinance, as drafted, has a fairly modest retention
requirement of 33 percent of the 'contributing' building, as measured from the front elevation. In this
regard, if at least 1/3 of a building cannot be retained, the new building should be required to meet
conforming setback requirements.
• As it pertains to the proposal to amend the lot aggregation standards under Sec. 142- 883(b), the
Administration recommends that the DRB or HPB, as applicable, be permitted to waive the minimum
building retention, view corridor and building width requirements for projects consisting solely of
workforce or affordable housing. In this regard, exceptions to the lot aggregation requirements have
been provided for workforce and affordable housing developments. The lot aggregation standards
proposed in Sec. 142- 883(b) are not difficult to comply with.
The proposed Conservation District Overlay includes the collective input of the Land Use
Committee, the North Beach Steering Committee and the Planning Board. The Administration
believes that, on balance, the proposal is fair and meets the intentions outlined in the North Beach
Master plan.
UPDATE
On December 13, 2017, the City Commission approved the subject Ordinance at First Reading, with
the following changes:
1. Applicability. All areas designated as a local historic district have been removed from the
conservation district overlay. Minor modifications have been made throughout the ordinance, to
remove 'historic preservation board', as their review authority would no longer be applicable.
2. Maximum Developable Lot Area and Maximum Developable Lot Width Requirements. As
recommended by the Planning Board and the Administration, the 'Maximum Developable Lot Area'
and 'Maximum Developable Lot Width' requirements in Sec. 142- 882(a) have been deleted.
854
3. Maximum Height Exceptions. As recommended by the Planning Board and the Administration,
the Design Review Board (DRB) would have the ability to waive the minimum retention requirements
for contributing buildings in Sec. 142- 882(c). Additionally, any DRB waiver would require that at least
25 percent of all existing 'contributing' buildings on site, as measured from the front elevation, be
substantially retained and restored.
4. Lot Aggregation Standards. As recommended by the Planning Board, the lot aggregation
standards in Sec. 142- 883(b) are no longer required for projects consisting solely of workforce or
affordable housing. Additionally, the DRB would be permitted to waive these standards related to
minimum building retention, view corridor and building width requirements, for all other residential
projects.
Additionally, at the request of the sponsor, Commissioner John Elizabeth Aleman, the item was
referred to the Land Use and Development Committee for further discussion, prior to Second
Reading (Item R5R). The January 2018 LUDC meeting was moved to February 7, 2018.
Subsequent to First Reading approval of the ordinance, staff met with the item sponsor to further
discuss the removal of the local historic districts from the overlay boundaries. Because of
inconsistencies created, particularly as it would affect abutting parcels, the Local Historic Districts
have been placed back into the overlay. A revised map showing the overall boundaries, including a
demarcation of the local historic district boundaries, is attached.
For the February 7, 2018 LUDC meeting, the following additional, non- substantive, changes were
made to the Ordinance:
1. A simplification of the height regulations, including the height incentive for the retention of
'contributing' buildings, as follows:
• A maximum of 30 feet in height for first 30 feet of building depth;
• A maximum of 40 feet in height for the remainder of the building depth.
• A maximum of 50 feet may be permitted by the DRB or HPB for the remainder of the building depth,
for properties that contain at least one (1) `contributing' building that is 50% or more substantially
retained and restored. The DRB or HPB may waive the aforementioned requirement for the 50%
retention of existing 'contributing' buildings, provided at least 25% of all existing 'contributing'
buildings on site, as measured from the front elevation, are substantially retained and restored.
2. Minor, non - substantive changes, to address spelling errors, formatting and clarity.
3. Clarification that the existing lot coverage limitation of 45% in the RM -1 districts is not applicable to
properties within the conservation overlay. It was never the intention to have this lot coverage
limitation within the overlay, due to proposal to reduce setbacks, and because of the anticipated
retention of existing buildings.
On February 7, 2018, the Land Use Committee discussed the revisions to the proposed overlay
Ordinance, as more specifically noted above. After public input and deliberation, the Committee
continued the item to March 14, 2018, and directed the administration to revise the Ordinance in
accordance with the public input and discussion.
A revised overlay ordinance, modified in a manner consistent with the recommendations discussed at
the February 7, 2018 Land Use Committee meeting, was presented to the LUDC on March 14, 2018.
855
The following is a summary of the modifications reviewed by the LUDC on March 14, 2018:
1. Maximum Building Height. The maximum building height for new construction and additions has
been revised as follows:
• An increase to 32 feet in height for the first 25 feet of building depth; previously the maximum was 30
feet in height for the first 30 feet of building depth.
• An increase from 40 feet to 45 feet for the remainder of the building depth.
• An increase from 50 feet to 55 feet that may be permitted by the DRB or HPB for the remainder of
the lot depth for properties that contain at least one (1) 'contributing' building, which is 50% or more
substantially retained and restored. The waiver provision for the DRB and HPB remains, provided at
least 25% of all existing 'contributing' buildings on site, as measured from the front elevation, are
substantially retained and restored.
2. Building and Lot Standards. The proposed increases in building height were suggested in order
to be consistent with existing RM -1 development regulations. In this regard, the RM -1 regulations
were amended to address the future raising of adjacent streets and sidewalks. In order for the
increase in overall height for new construction to be consistent with these sea level rise and resiliency
objectives, additional exterior building and lot standards have been incorporated into the proposed
overlay. Specifically, when parking or amenity areas are provided at the ground floor level below the
first habitable level (below BFE plus Freeboard), the following shall apply:
• A minimum height of 12 feet shall be provided, as measured from base flood elevation plus minimum
freeboard to the underside of the first floor slab. The design review board or historic preservation
board, as applicable, may waive this height requirement by up to two feet.
• All ceiling and sidewall conduits shall be internalized or designed in such a manner as to be part of
the architectural language of the building.
• Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the
ground level.
Additionally, language has been added clarifying that there shall be no minimum or maximum yard
elevation requirements, or maximum lot coverage requirements, within the North Beach National
Register Overlay.
3. Parking Location and Access. The standards and requirements for parking location and access
have been modified as follows:
• All parking shall be located no higher than the ground floor level; previously `grade' was the
standard, which did not allow for slightly elevated ground floors.
• A single, one -way driveway curb cut is now allowed per platted lot within a development site.
On March 14, 2018 the Land Use Committee recommended that the City Commission adopt the
revised ordinance at Second Reading with the following modifications:
1. Allow up to a 5 lot aggregation for Workforce and Affordable Housing developments, provided such
developments remain as workforce or affordable housing for at least 50 years.
2. Amend the Lot Aggregation requirements of Sec. 142- 882(a) by removing the term "platted lots"
from the aggregation standard.
LATEST UPDATE
The attached overlay Ordinance has been revised to include the aforementioned modifications
856
recommended by the Land Use Committee. Additionally, a revised column by column summary of the
current legislation, as recommended by the Land Use Committee, compared to the existing RM -1
regulations, is attached, for informational purposes.
As it pertains to the proposal to remove `platted lots' from the proposed lot aggregation standards, the
Administration would like to provide some history and perspective. In this regard, `platted lots' are the
original lots of record, and were created when the area was first platted. Over time, some platted lots
within the boundaries of the proposed Conservation District Overlay were combined and single
buildings, or multiple connected buildings, were developed on multiple, `platted' lots. These
developments on multiple, platted lots constitute a single lot' under the current definition of 'lots' in
Chapter 114 of the City Code.
When the Conservation District regulations were first drafted in January 2017, the Tatum Waterway
area was excluded from the boundaries of the North Shore Local Historic District. The term `platted
lots' was used in the initial draft of the proposed overlay to ensure that new development was
consistent with what was identified as the successful, low scale building context within the area,
consisting primarily of single platted lots and 2 platted lots. This direction was also consistent with the
recommendations of the North Beach Master Plan.
Absent the term `platted lots', under the current definition of 'lots' in the City Code, an existing lot'
consisting of multiple `platted lots', would be considered a single lot of record for purposes of
aggregation. For example, if an existing property with a single building located on 4 platted lots (`Lot'
1) was combined with an abutting property that has a building on 3 platted lots ('Lot'2), the
aggregation of these `lots' (Lot 1 and Lot 2) would be permissible, even though the resulting
aggregation would consist of 7 platted lots. Attached are maps of the Normandy Isle and North Shore
overlay areas, which show the various aggregations of platted lots that have occurred over time;
these attachments illustrate the combination of original platted lots in red and green.
Subsequent to the March 14, 2018 Land Use Committee meeting, staff reviewed the lot aggregation
requirements and standards proposed in Sec. 142 -882 and 142 -883 of the proposed overlay with the
Chair of the LUDC and sponsor of the item. Pursuant to this discussion, it was requested that the
term `platted' be reintroduced, and that additional flexibility be provided for the aggregation of multiple
'platted' lots including revised lot aggregation guidelines pertaining to the retention of contributing
buildings, building width and separation standards based on lot width and required view corridors for
waterfront lots.
After careful review of the attached maps depicting current lot aggregations within the Normandy Isle
and North Shore overlay areas, it was concluded that having a cap on the number of platted lots, as
well as a limit on the overall developable width of a site, makes sense. To this end, a cap of up to four
(4) platted lots is recommended, subject to HPB /DRB approval and revised lot aggregation
standards, to ensure that oversized and over scaled new construction does not result. The following
is a summary of the changes being recommended for Second Reading:
• Reincorporating the term `platted' for lot aggregation purposes;
• Reincorporating a maximum developable lot width limitation;
• Placing a cap on the number of platted lots that can be aggregated into a single site at four (4)
platted lots, subject to DRB or HPB approval;
• Allowing existing lots consisting of more than two platted lots to be retained provided all existing
buildings on the lot are retained.
857
• Allowing variance requests from maximum lot aggregation requirements for existing lots where all
structures are proposed to be retained.
• Updating the Lot Aggregation Guidelines proposed in Sec. 142 -883 of the overlay as follows:
1. New construction shall acknowledge the original platting of the assembled parcels through
separation of buildings and appropriate architectural treatment within the building's facade.
2. For development sites consisting of two platted lots or less, the width of any new building shall not
exceed 85 feet.
3. For development sites consisting of three or four platted lots, the first 50 feet of building depth shall
require a minimum separation of ten (10') feet for every 85 feet of building width within a single site.
The Design Review or Historic Preservation Board, as applicable, may waive these building width
and separation requirements.
4. For waterfront developments greater than two lots in width, a view corridor through the parcel,
open to the sky, shall be required above the second floor of the building. The location and
dimensions of such view corridor shall be subject to the Design Review or Historic Preservation
Board, as applicable.
The original draft of the lot aggregation requirements, utilizing the standard of 'platted' lots, was
intended to ensure that the built context of the conservation overlay was re- enforced, particularly as it
pertains to new construction. Some of the recommended conditions detailed above have been
modified over the 15 month review of this item, and would allow for more lot aggregation flexibility,
while meeting the spirit and intent of the overlay. The Administration believes a careful balance with
the built context and new development can be achieved with the additional mitigation measures noted
above, and in the conclusion below.
CONCLUSION
In view of the foregoing analysis, the Administration recommends that the City Commission adopt the subject
Ordinance. Additionally, the Administration recommends that the City Commission include the following amendments
to Sec. 142 -882 and Sec. 142 -883, for inclusion in the adopted Ordinance:
Sec. 142 -882. Development regulations and area requirements.
The following overlay regulations shall apply to the North Beach National Register Overlay. All development
regulations in the underlying RM -1 regulations shall apply, except as follows:
(a) There shall be no lot coverage limitation for properties zoned RM -1 within the North Beach National
Register Overlay district. The lot area, lot width, and lot aggregation requirements for properties zoned RM -1
within the North Beach National Register Overlay district are as follows:
Minimum
Minimum
Maximum
Maximum
Maximum
Developable
Developable
D evelepable
LotAr a
Developable
Developable
Lot Area
Lot Width
Lot Width
Aggregation
(Square Feet)
(Feet)
(S- quar-e-Feet)
(Feet)
(Platted Lots)
5,000 SF
50 feet
000 -S-F-
-459 200 feet
Subject to Sec.
D- evelepmenta
Developments
142-883
858
where all
residential units
V-V �.f I lJ1J�4{,�7i
workforce or
affordable
have-no
maximum let
area restrietien:
where all
residential units
consist of
workforce or
affordable
housing shall
have no
maximum lot
width
restriction.
859
two (2) lot
maximum
aggregation
three-(3)-lot
maximum up to
four (4) lots may
be aggregated,
if permitted by
the historic
preservation or
design review
board, as
applicable, and
if there is at i ast
ene
Trentributingl
building-en-the
aggregated site
and all
`contributing'
buildings on the
aggregated site
are substantially
retained and
restored in
accordance with
Sec. 142-883;
five (5) lot
maximum lot
aggregation
may be
permitted if all
residential units
consist of
workforce or
affordable
housing for a
period of no
less than 50
years.
Existing lots
consisting of
more than 2
platted Tots may
be retained,
provided all
existing
buildings on the
lot are retained.
There shall be no
variances from
these maximum
lot aggregation
restrictions,
except for
existing lots
where all
structures are
proposed to be
retained.
d evelepments
where all
residential units
consist of
wefkforee -or
affordable
housing
Sec. 142 -883. Lot Aggregation Guidelines.
Where a development is aro•osed on two 2 or more lots new construction shall com•I with the followin
asscmel
facade.
ent --is -p opesed -on, hree -(3) -lets; there- shall -bc at least- ene -(-1 `ee; t,,;;ati,=,g-
strueturc. Additie; rallyA, he-foll red:
a. At least 33 percent of all existing 'contributing' buildings, as measured from the front elevation shall be
substantially retained and restored. The Design Review or Historic Preservation Board, as applicable,
may waive this building retention requirement, provided at least 25 percent of all existing
`contributing' buildings on site as measured from the front elevation, are substantially retained and
restored.
b. New construction shall acknowledge the original platting of the assembled parcels through separation of
buildings and appropriate architectural treatment within the building's facade.
c. For development sites consisting of 2 platted Lots or less, the width of any new building shall not exceed
85 feet.
d. For development sites consisting of 3 or 4 platted lots, the first 50 feet of building depth shall require
a minimum separation of ten (10') feet for every 85 feet of building width within a single site. The
Design Review or Historic Preservation Board, as applicable, may waive these building width and
separation requirements.
e. For waterfront developments greater than 2 lots in width, a A- view corridor through the parcel, open to
the sky, shall be required above the so d feor of thebuilding. The location and dimensions of such
view corridor shall be subject to the Design Review or Historic Preservation Board, as applicable, may
. ' quirernent.
f. A courtyard or semi - public outdoor area, comprised of at least 500 square feet, shall be required. Private
terraces at the ground level may be included within this 500 square feet, provided individual units can be
accessed directly from the exterior of the terrace.
The aforementioned requirements listed in Sec. 142 -883 shall not be applicable to any development where
all residential units consist of workforce or affordable housing.
860
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o
MAP `NCD and LHD
o Normandy Isies Platted Lots MAP
n North Shore - Platted Lots MAP
o RM-1 and NOD Comparison CHART
n Ordinance
861
d Neighborhood Conservation District
oundaries,of Natoli
or
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.North Beach National Register Conservation District Overlay
Parcels
Platted Lots
Normandy Iles tasted District , ® ®�
Parcels with 2 Platted Lots
Parcels With 3 Platted Lots � ,
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Normandy Parcels
Over 2 Platted Lots
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P rcels .111 Planed Lot,
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85TH ST
86TH ST
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North Shore Parcels
Over 2 Platted Lots
83RD ST
z it
2ND ST
82ND
a TER
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80TH ST
79TH ST
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77THrST
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250 500 1,000 Feet
11 1 1 I
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8b4
Existing RM1 Zoning Regulations and Proposed NCD Regulations
LOT COVERAGE 145%
SETBACKS
!FRONT 20' -0"
< 65 Width - 7.5 feet
ANTERIOR 1> 65 Width - 10 feet /
!SIDE or 8% of lot width
(whichever is greater)
!SIDE
IFACING A
!STREET
SUM OF THE
SIDES
< 65 Width - 7.5 feet
I> 65 Width - 10 feet /
or 8% of lot width
(whichever is greater)
16% of lot width
REAR 10% of lot depth
NON - CONFORMING
SETBACK STANDARDS
N/A
NA
'North Shore - 10' -0"
Biscayne Beach - 10' -0"
Normandy Isle and Normandy Shores - 20' -0"
Waterfront - 25' -0"
North Shore, Biscayne Beach, Normandy Isle and Normandy Shores
Non-Waterfront:
s •Lot width of 60 feet or less - 5 feet
!•Lot width of 61 feet or greater - 7.5 feet, or 8% of lot width
I Waterfront:
•7.5 feet, or 8% of lot width, whichever is greater
!.One (1) interior side shall be 10 feet -or- 10% of lot width
'Five (5) feet
NA
North Shore
•Non - waterfront Tots — 5 feet
•Waterfront lots — 10% of lot depth
Biscayne Beach
• 10 % of lot depth
Normandy Isle and Normandy Shores
•Non - waterfront Tots — 5 feet
•Waterfront -10% of lot depth, maximum 20 feet
Existing `Contributing' Buildings
•Rooftop additions may follow existing interior side and /or rear
setbacks
• New ground level additions may follow any existing interior side
and /or rear setback, provided at least 33 % of building issubstantially
retained and restored
865
Existin• RM1 Zonin• Re • ulations and Pro•osed NCD Re • ulations
MAXIMUM
:LOT AGGREGATION
;Two (2) contiguous lots*
*The two (2) lot aggregation
may be exceeded if the
`development site was
combined with a unity of title
;prior to June of 2017
Two (2) platted lots
!Three (3) platted lot Exceptions:
;•Where a development site contains at least one (1) 'contributing'
structure
!Five (5) lot Exceptions:
•Projects consisting solely of affordable and /or workforce housing
'• 32 feet for the first 25 feet of building depth
i• 45 feet for the remainder of the building depth
•50' -0" = • 55 feet may be permitted by DRB or HPB for the remainder of the
• 55'-0' For properties outside! lot ,depth for properties that contain at least one (1) 'contributing'
MAXIMUM HEIGHT a local historic district with a ,
„ground level consisting of Ibuilding that is 50% or more substantially retained and restored
a ;non habitable parking and /or INOTE: The DRB or HPB may waive the aforementioned requirement
kamenit use for the 50% retention of existing 'contributing' buildings, provided at
y least 25% of all existing 'contributing' buildings on site, as measured
from the front elevation, are substantially retained and restored.
UNIT SIZE
MINIMUM UNIT SIZE
• New construction: 550
•Rehabilitated buildings: 400
• WF /AH: 400
MINIMUM UNIT SIZE
• New construction - 400
•`Contributing' buildings which are substantially retained and
restored - 300
•Additions to 'contributing' buildings which are substantially
retained and restored - 300
• WF /AH - 400
AVERAGE UNIT SIZE AVERAGE UNIT SIZE
• New construction: 800 •New construction - 500
• Rehabilitated buildings: 500 •`Contributing' buildings which are substantially retained and
•WF /AH: 400 restored - 400
•Additions to `contributing' buildings which are substantially
retained and restored - 400
•WF /AH - 400
866
Existing RM1 Zoning Regulations and Proposed NCD Regulations
;Lots 65 feet in width or less:
`• No Parking Requirement
Lots wider than 65 feet:
PARKING I•Units between 550 and
11,600 SF - 1 (one) space p
;unit
1•Units 1,600 SF or greater -
(two) spaces per unit
'Note: DRB or HPB can waive parking requirements
i 3
DEMOLITION
PROCEDURES
ROOF -TOP ADDITIONS
ELEVATOR AND
STAIRWELL BULKHEAD
HEIGHT
SHADE STRUCTURE
HEIGHT EXCEPTION
DESIGN AND
RESILIENCY
STANDARDS SPECIFIC
TO NB NCD
ADDITIONAL PARKING
DESIGN STANDARDS
SPECIFIC TO NB NCD
!Lots 65 feet in width or less:
• No Parking Requirement
`Lots wider than 65 feet:
•No Parking Requirement for development sites with six (6) units or
;less and for 'Contributing' buildings that are substantially retained,
er ;preserved and restored
}• One (1) space per unit (regardless of unit size) for developments
2with seven (7) or more units.
Subject to HPB approval in
1Local Historic Districts
• No standards or procedures
loutside of Local Historic
Districts
Subject to HPB or DRB
approval
Subject to HPB or DRB
approval
Subject to HPB or DRB
approval, not to exceed 25'
Not required, but still subject
to applicable Sea Level Rise
Criteria
No demolition of 'contributing' buildings for surface parking lots
•Outside of Local Historic Districts new requirements for replacement!
structure approval and permitting prior to demolition of 'contributing'
building
I. Subject to HPB approval in Local Historic Districts
?• Outside of Local Historic Districts may be reviewed by staff, subject
to compliance with specified criteria
(Required to meet, unless waived by DRB or HPB
Maximum 10' and subject to DRB or HPB approval
As specified in ordinance
Not required As specified in ordinance
867