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Ordinance 2022-4501 Rooftop Additions in the CD-3 District ORDINANCE NO. 2022-4501 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS," TO MODIFY THE REGULATIONS GOVERNING ROOFTOP ADDITIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment of existing historic structures in the area zoned CD-3 that is bounded by Collins Avenue on the east, Drexel Avenue on the west, 16 Street on the south, and 17 Street on the north; and WHEREAS, thoughtfully designed additions to historic structures in this area will contribute to the economic vitality of the Lincoln Road pedestrian mall and the Miami Beach Convention Center; and WHEREAS, the Mayor and City Commission desire to incentivize the preservation of, and improvements to, historic structures in this area of the City. 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 IV, "Supplementary District Regulations," Division 5, "Height Regulations," Section 142-1161 is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 5. HEIGHT REGULATIONS Sec. 142-1161. Height regulation exceptions. * * * (d) Rooftop additions. * * * ) CD-3 zoned parcels in the area bounded by Collins Avenue on the east, Drexel Avenue on the west, 16 Street on the south, and 17 Street on the north. Notwithstanding the provisions of subsection (d)(2), the following shall be permitted for existing structures on sites zoned CD-3 in the area bounded by Collins Avenue on the east, Drexel Avenue on the west, 16th Street on the south, and 17th Street on the north: multistory habitable rooftop additions (whether attached or detached) not to exceed the maximum permitted building height. (-7--)LED Design and appropriateness guidelines. In determining if existing structures are eligible for rooftop additions, the historic preservation board, in addition to any and all other applicable criteria and guidelines contained in these land development regulations, shall consider whether: * SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 3. 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 renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to"section" or other appropriate word. SECTION 4. SEVERABILITY. • If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE, This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this 02° day of I , 2022. ATTEST: Dan Gelber, Mayor JUL 2 5 2022 Rafael E. Granado, City Clerk - !.B. q APPROVED AS TO FORM AND LANGUAGE s & FOR EXECUTION IHCORP ORATED1 's 6 3- H City Attorney OV._ Date First Reading: June 22, 2022 Second Reading: July 20 20 V1114.Th Verified By: Thomas R. Mooney, AICP Planning Director T:Wgenda\2022\6_June 2022\Planning\Roof Top Additions in CD3 District-First Reading ORD.docx 2 Ordinances-R5 A MIAMIBEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Aline T. Hudak, City Manager DATE: July 20, 2022 10:05 a.m. Second Reading Public Hearing SUBJECT: ROOFTOP ADDITIONS IN THE CD-3 DISTRICT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS," TO MODIFY THE REGULATIONS GOVERNING ROOFTOP ADDITIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject Ordinance. BACKGROUND/HISTORY HISTORY On May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and Sustainability Committee(LUSC) and the Planning Board (C4S). The sponsor of the proposal is Commissioner Ricky Arriola. The LUSC is scheduled to discuss the proposal on June 1, 2022. BACKGROUND The Gale Hotel, which is a contributing structure and located in the Museum Local Historic District, is seeking to add a rooftop addition. The hotel has an existing roof-top addition, which was approved a few years ago. ANALYSIS PLANNING ANALYSIS Currently, existing structures located within the Museum Local Historic District are permitted to have a single story, habitable rooftop addition. The proposed Ordinance amends Section 142- 1161 of the LDR's, pertaining to height regulation exceptions, to allow existing structures on sites zoned CD-3 in the area bounded by Collins Avenue on the east, Drexel Avenue on the west, 16th Street on the south, and 17th Street on the north may be permitted to have multistory habitable rooftop additions not to exceed the maximum permitted building height. Page 577 of 1502 Any proposed rooftop addition to a building located within the Museum Historic District, whether a single story or multistory addition, requires a certificate of appropriateness from the historic preservation board. As such, the historic preservation board will have full discretion regarding the height, placement and design of any proposed rooftop addition that consists of multiple levels. Considering the requirement for a certificate of appropriateness from the historic preservation board,,the Administration is supportive of the proposed Ordinance,as it will provide more flexibility for additions to existing buildings. PLANNING BOARD REVIEW The Planning Board is held a public hearing on June 21, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation(6-1). UPDATE The subject.Ordinance was approved at First Reading on June 22,2022. SUPPORTING SURVEY DATA Enhance Hotel Development FINANCIAL INFORMATION No Fiscal,Impact Expected CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.O. to Know" item. pursuant to Bond Funds? City Code Section 2-14?, Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description ❑ Ordinance Page 578 of 1502