Ordinance 2023-4560 Architectural District RM-3 Single Story Rooftop Additions
ORDINANCE NO. 2023-4560
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE 5, ENTITLED
"SUPPLEMENTARY DISTRICT REGULATIONS," AT SECTION 7.5.2.1
ENTITLED "HEIGHT REGULATION EXCEPTIONS AND ROOFTOP
ADDITIONS," TO ADOPT REGULATIONS APPLICABLE TO SINGLE STORY
ROOFTOP ADDITIONS ON PROPERTIES LARGER THAN 115,000 SQUARE
FEET IN THE RM-3 ZONING DISTRICT LOCATED BETWEEN LINCOLN ROAD
AND 18 STREET; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
•
WHEREAS, the City of Miami Beach's (City) Resiliency Code promotes the protection,
enhancement, and retention of the established architectural scale, character, and context of the
City's multifamily zoning districts; and
WHEREAS, the City Commission has deemed it in the best interest and welfare of the
City to adopt regulations that preserve, enhance and protect the unique architectural character
and context of oceanfront lots within the Architectural District in Miami Beach; and
WHEREAS, the Planning Board has reviewed and endorsed the proposed amendment to
the Resiliency Code set forth herein; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 7.5.2.1, "Height regulation exceptions and rooftop additions" is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE 5. —SUPPLEMENTARY DISTRICT REGULATIONS
* * *
7.5.2. — HEIGHT REGULATIONS EXCEPTIONS
Section 7.5.2.1 Height regulation exceptions and rooftop additions.
* * *
d Rooftop additions.
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ix. Notwithstanding the foreqoinq, a one-story (1-story) rooftop addition, with a
maximum floor to ceiling heiqht of 15 feet, may be permitted for properties
exceedinq a lot size of 115,000 square feet in the RM-3 zoning district, which are
located between Lincoln Road and 18th Street, provided that such rooftop addition
shall not be visible from Collins Avenue and is set back at least 150 feet from both
the rear property line and Lincoln Road. Notwithstanding anything in these
regulations to the contrary, an accessible deck may be constructed on top of a
mechanical room that is part of a rooftop addition permitted under this subsection.
ix:x. 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. 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 re-lettered to
accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or
other,appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION.4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall
not be affected by.such invalidity.
SECTION.5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 628 day of �n e- , 2023.
ATTEST:
JUL — 5 2023
Dan Gelber, Mayor
Rafael E. Granado, City Clerk. .
APPROVED AS TO FORM
AND LANGUAGE
First Reading: May 17, 2023 AND FOR EXECUTION
Second Reading une 28, 2023 (17)/
OS S'6-10
City Attorney Nk Date
Verified by:
Thomas R. Mooney, Al
Planning Director
T:\Agenda\2023\4-May 2023\Planning\RM3 Arch District Single Story Addition-First Reading ORD.docx
Ordinances- R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Mina T. Hudak, City Manager
DATE: June 28, 2023
10:20 a.m. Second Reading Public Hearing
SUBJECT:ARCHITECTURAL DISTRICT RM-3 SINGLE STORY ROOFTOP
ADDITIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE 5,
ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," AT SECTION
7.5.2.1 ENTITLED "HEIGHT REGULATION EXCEPTIONS AND
ROOFTOP ADDITIONS," TO ADOPT REGULATIONS APPLICABLE TO
SINGLE STORY ROOFTOP ADDITIONS ON PROPERTIES LARGER THAN
115,000 SQUARE FEET IN THE RM-3 ZONING DISTRICT LOCATED
BETWEEN LINCOLN ROAD AND 18 STREET; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On February 22, 2023, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed amendment (C4 H) to the Land Use and Sustainability Committee
(LUSC), the Planning Board and the Historic Preservation Board. On April 19, 2023 the LUSC
recommended that the Planning Board transmit the item to the City Commission with a favorable
recommendation.
The Historic Preservation Board (HPB) is scheduled to discuss the proposal on May 9, 2023.
The Administration will provide an update on the recommendation of the HPB.
Representatives of the Ritz Carlton and Sagamore Hotels, located at 1 Lincoln Road and 1671
Collins Avenue, respectively, are proposing a redevelopment project including the renovation of
the existing contributing buildings, the construction of a new ground level tower addition and
single-story rooftop addition, and overall site improvements:As part of this effort, the developer
has proposed amendments to the Land Development Regulations of the City Code (LDRs)
pertaining to height regulation exceptions.
Page 931 of 1808
Tangentially, on November 8, 2022, the Historic Preservation Board (HPB) held a discussion
regarding the current regulations governing rooftop additions within historic districts. As part of
this discussion the HPB unanimously approved the following motion with five (5) members
present:
To further incentivize the retention and restoration of contributing buildings, the Board
recommends that the Mayor and City Commission consider amending the Land
Development Regulations to give the HPB greater latitude in the review and approval of
rooftop additions, not to exceed the maximum permitted height for the underlying zoning
district, within historic districts.
Separately,and as directed by the City Commission,the representatives of these properties are
in the process of negotiating, an agreement with the City to govern the development and
maintenance responsibilities for proposed improvements to impact a portion of the public right-
of-way in the 100 Block of Lincoln Road. Such agreement would require approval by the City
Commission and the potential fiscal impact is yet to be determined.
ANALYSIS
Rooftop additions are currently prohibited on oceanfront properties located within the
Architectural District, except for properties with no frontage on Collins Avenue. The proposed
amendment will allow for the construction of a single-story rooftop addition, not to exceed the
maximum permitted height in the underlying zoning district, on oceanfront properties greater than
115,000 square feet in size that are located between.Lincoln Road and 18th Street.
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The amendment also requires that a rooftop addition not be visible from Collins Avenue, and
that the addition be set back a minimum of 150 feet from both the rear property line and Lincoln
Road.Also, any rooftop addition would have a maximum floor to ceiling height of 15 feet, which
is consistent with rooftop additions allowed within the Moms Lapidus/Mid-20th Century Historic
District and for properties within the Architectural District that do not have frontage on Collins
Avenue. Finally, the amendment will allow for the introduction of a roof deck above a mechanical
room.
Any rooftop addition proposed for a building located within a historic district requires certificate
of appropriateness approval from the HPB.As such,the HPB will have full discretion regarding
the height, placement, and design of any proposed rooftop addition. Considering the
requirement for a certificate of appropriateness from the HPB, as well as the additional setback
requirements,the Administration is supportive of the proposed ordinance.
Further, as noted in the background section of this memo, the proposed amendment is
consistent with a recommendation made by the HPB at their November 8, 2022 meeting and will
allow for more flexibility for additions to existing buildings.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0). By separate motion,
the Planning Board also recommended that the City Commission accelerate the improvements
proposed for the public right-of-way in the 100 Block of Lincoln Road.
UPDATE
Page 932 of 1808
The subject ordinance was approved at First Reading on May 17, 2023,with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact is 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
Strategic Connection
Neighborhoods - Prioritize historic gems and create opportunities to build resilience into historic
properties.
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
Ordinance
Page 933 of 1808