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2007-3549 Ordinance ORDINANCE NO. 2007-3549 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," SECTION 142-704, "MINIMUM REQUIRED YARDS IN RELATION TO MINIMUM OPEN SPACE RATIO," BY ALLOWING VARIANCES FROM MINIMUM OPEN SPACE REQUIREMENTS FOR MAJOR CULTURAL INSTITUTIONS WITHIN A LOCAL HISTORIC DISTRICT THAT ONLY ACHIEVE NO MORE THAN 80% OF THE TOTAL ALLOWABLE FAR AND CAN DEMONSTRATE THAT THE OPEN SPACE CANNOT BE PROVIDED ON THE ROOF TOP; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, building expansion reducing open space would not be desirable citywide; and WHEREAS, the City Commission finds that the limited expansion of cultural and other buildings that serve a public purpose with a minor reduction in green space, only for lots satisfying certain specified criteria, is consistent with the health, safety and welfare of the City and should be allowed; and WHEREAS, the proposed ordinance accomplishes the desired outcome for such cultural and other public-purpose buildings. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Sec. 142-704. Minimum required yards in relation to minimum open space ratio. (a) Open space. (1) Open space ratio in the PS performance standard district refers to a percentage calculated as the area of open space, including required yards, at grade to the gross lot area of a parcel. (2) Open space is that part of a lot in the performance standard district, including courts and yards which: a. Is open and unobstructed from its lowest level upward; b. Is accessible to all residents on the lot without restrictions except as may be required for safety; and c. Is not occupied by off-street parking, streets, drives, or other surfaces for vehicles. Open space is, in general, that part of a lot available for entry and use by the occupants of the building or buildings on the premises, but may include space located and treated to enhance the amenity of the development by providing landscaping, screening for the benefit of the occupants or neighboring areas, or a general appearance of openness. Open space may include water surfaces that comprise not more than ten percent of total open space, and may include landscaped roofs and decks pursuant to conditions contained in the district regulations. (b) Calculation. In all cases, except as otherwise provided herein, an applicant shall comply with both minimum required yard and minimum open space requirements. (1) The open space ratio may include open space on roof top decks which are 50 feet or less above grade. At least 25 percent of the roof top deck shall constitute living landscape material. (2) Required yards and open space, whether at or above grade in the C-PS4 and RM-PS 1 districts may also be utilized for drives and off-street parking spaces, except that if drives are ramped, they shall be at least 7 1/2 feet from the front property line and not more than ten feet or one level above grade at their highest point; the total length of an elevated drive shall not exceed 40 percent of that portion of the lot facing the adjacent street. (3) Required yards adjacent to Biscayne Bay in the C-PS4 district may be utilized for open and unenclosed decks, platforms, planters, canopies, canvas type awnings, baywalks or removable furniture such as tables and chairs. Required side yards in the C-PS4 district may have public walkways that are partially covered. (4) Up to 50 percent of the open space required by these land development regulations may be fulfilled by payment of an in-lieu-of fee into the South Pointe Streetscape Fund. Notwithstanding the above, in no case shall the open space provided at grade be less than the total area resulting from the required setbacks. The in-lieu-of payment as described above shall be made at the rate as provided in appendix A per square foot of open space not provided. Such fee shall be paid in full at the time of application for the building permit. The fee shall be refunded if construction does not commence prior to the expiration of the building permit. (5) No variances shall be granted from the requirements of this section;- ~ except that variances may be souqht as to subsection (b) (4) above. only for maior cultural institutions within local historic districts. which only achieve no more than 80% of the total allowable FAR and can demonstrate that the open space cannot be provided on the roof toP. SECTION 3. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. cJbOl- 3S lJ 'I SECTION 4. 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 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 following adoption. PASSED and ADOPTED this 14th day of March ,2007. A~.. ~~ CITY CLERt-B Robert Parcher ~mb~ru-umu - Michael Gongora Vice-Mayor Undersco denotes new language Strikethrough denotes deleted language APPROVED AS TO ORM AND LANGUAGE & FOR EXECUTION ~ ity Attorney Date First Reading: February 14, Second Reading: March 14, Verified by: Jorge G. G Pia n F:\PLAN\$PLB\draft ordinances\1815 - Open Space Ratio in RPS\Planning Board version revised by gh.doc COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending the Land Development Regulations of the City Code regarding the requirements for minimum open space ratio in RPS districts and allowing variances for Major Cultural Institutions within a local historic district that only achieve no more than 80% of the total allowable FAR and can demonstrate that the 0 en s ace cannot be rovided on the roof to . Ke Intended Outcome Su orted: Increase satisfaction with neighborhood satisfaction; preservation of historic resources Issue: Should variances be granted for open space ratios in RPS districts for Major Cultural Institutions that do not achieve an more than 80% of its allowable FAR? Item Summa IRecommendation: The open space requirements in the RPS districts were intended to provide amenities to the residents of buildings within the district, and a general appearance of openness. Typically the requirement is met by providing landscaped roof gardens, as well as the required landscaped setback areas. However, for projects that involve the redevelopment of properties with historic buildings, this approach is not always feasible. The Administration recommends that the Cit Commission ado Advisory Board Recommendation: At the January 23, 2007 meeting of the Planning Board, a representative from the Jewish Museum, located on Washington Avenue and 3rd Street, expressed concern with the restriction regarding the attainment of a maximum of 75% of the total allowable FAR because future plans for the expansion of the Museum may be at 80% of the allowable FAR. The Planning Board recommended by a unanimous vote (5-0, two members absent) that the City Commission approve the ordinance including two modifications - one changing "Public Purpose buildings," to "Major Cultural Institutions," and the other changing the original 75% of maximum achievable FAR to 80%. Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Cit Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares Si n-Offs: Department Director City Manager ......:::........ MIAMI BEACH AGENDA ITEM DATE RSA ~-{ If-o 7 l.t\ l.t\ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager~ March 14,2007 SECOND READING PUBLIC HEARING TO: DATE: SUBJECT: OPEN SPACE RATIO IN RPS DISTRICTS. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING SECTION 142-704, "MINIMUM REQUIRED YARDS IN RELATION TO MINIMUM OPEN SPACE RATIO," BY ALLOWING VARIANCES FROM MINIMUM OPEN SPACE REQUIREMENTS FOR MAJOR CULTURAL INSTITUTIONS WITHIN A LOCAL HISTORIC DISTRICT THAT ONLY ACHIEVE NO MORE THAN 80% OF THE TOTAL ALLOWABLE FAR AND CAN DEMONSTRATE THAT THE OPEN SPACE CANNOT BE PROVIDED ON THE ROOF TOP; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND At the November 13, 2006 meeting, the Land Use and Development Committee (LUDC) of the City Commission reviewed an ordinance dealing with the open space ratios in the RPS Districts. At its December 6, 2006 meeting the City Commission referred the ordinance to the Planning Board for its review and recommendation. ANAL YSIS The area south of Fifth Street has several areas zoned RPS, Residential Performance Standard District (RPS-1, RPS-2, RPS-3, and RPS-4). These areas, in the former redevelopment area, contain additional development regulations that the rest of the City's residentially zoned areas do not have. Section 142-704 of the City Code contains minimum open space ratio requirements for the properties in the RPS districts. These range from 0.60 in the RPS-1 district, to 0.70 in the RPS-4 district. These open space requirements were intended to provide amenities to the residents of buildings within the district, and a general appearance of openness. Typically the requirement is met by providing landscaped roof gardens, as well as the required landscaped setback areas. However, for projects that involve the redevelopment of City Commission Memorandum Open Space ratio in RPS districts March 14, 2007 Page 2 properties with historic buildings, this approach is not always feasible. Unfortunately for those in this situation, there is a provision in this section that prohibits variances to this regulation. The proposed ordinance would amend the Code to specify that for projects in the RPS districts that contain one or more contributing buildings in a historic district, could apply to the Board of Adjustment to request a variance from this requirement, if a hardship is present. The LUDC recommended that the ordinance be tightened to permit variances only for Public Purpose buildings that will achieve no more than 75% of the total allowable FAR and can demonstrate that the open space cannot be provided on the roof top. The Planning Board recommended changing "Public Purpose buildings" to "Major Cultural Institutions" and no more than 80% of the allowable FAR. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. PLANNING BOARD ACTION At the January 23, 2007 meeting of the Planning Board, a representative from the Jewish Museum, located on Washington Avenue and 3rd Street, expressed concern with the restriction regarding the attainment of a maximum of 75% of the total allowable FAR because future plans for the expansion of the Museum may be at 80% of the allowable FAR. The Planning Board recommended by a unanimous vote (5-0, two members absent) that the City Commission approve the ordinance including two modifications - one changing "Public Purpose buildings," to "Major Cultural Institutions," and the other changing the original 75% of maximum achievable FAR to 80%. CITY COMMISSION ACTION At the February 14, 2007 meeting, the City Commission approved the ordinance on first reading with some minor, non-substantive changes for better clarity in the plain reading of the text. These changes are incorporated into the attached ordinance. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the City. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative five- sevenths vote. JMG/TH/JGG/ML T:\AGENDA\2007\mar1407\Regular\1815 - Open space ratio in RPS memo.doc <e MIAMIBEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 14,2007, to consider the following: ~ 10:15 a.m. . , . An Ordinance Amending The Land Development Regulations Of The City Code By Amending Chapter 142, "Zoning Districts And Regulations," Section 142-704, "Minimum Required Yards In Relation To Minimum Open Space Ratio,"By Allowing Variances From Minimum Open Space Requirements Far Major Cultural Institutions Within A Local Historic District That Only Achieve No More Than 80% Of The Total Allowable FARAnd Can Demonstrate That The Open Space Cannot Be Provided On The Roof Top. Inquiries may be directed to the Planning Department at (305) 673-7550. 10:20 a.m. An Ordinance Amending The Land Development Regulations Of The City, By Amending Chapter 118, "Administration And Review Procedures," Article X, "Historic Preservation", Division 4, "Designation," Section 118-591, By Clarifying The Requirements And Procedures For Designation Of Historic Structures And Districts And The Issuance Of Demolition Permits. Inquiries may be directed to the Planning Department at (305) 673-7550. 5:00 p.m. An Ordinance Amending Chapter 142, "Zoning Districts And Regulations," Of The City Code, By Amending Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts," By Adding New Section 142-109 Entitled "Commercial Use Of Single Family Homes Prohibited" Inquiries may be directedto the City Manager's Office at (305) 673-7010. INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commis~ion, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City. Commission with res'pect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call711 (Florida Relay Servic~). Ad #426 .. . ~ OJ ~ iii' 3 :f to iil ~ <:> 3 i I t:-~ I V> c z 0 > :< ~: > ~ N Y' N 8 " . .... .