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2007-3588 OrdinanceOCEAN FRONT HEIGHT REQUIREMENTS HISTORIC DISTRICTS ORDINANCE NO. 2007-3588 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDAAMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY", TO MODIFY THE MAXIMUM BUILDING HEIGHT REQUIREMENTS FOR OCEANFRONT PROPERTIES LOCATED IN HISTORIC DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (City) places a strong emphasis on 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 have procedures for the review of new construction within 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 procedures to preserve, enhance and protect the unique architectural character and context of oceanfront lots within Historic Districts in Miami Beach; and WHEREAS, The City of Miami Beach Historic Preservation and Planning Boards strongly endorse the proposed amendments to the Code 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 Chapter 142, "Zoning Districts and Regulations", Article II, "District Regulations", Division 3, "Residential Multifamily Districts", Subdivision V, "RM-3 Residential Multifamily High Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-246. Development regulations and area requirements. (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Unit Size (Square Feet) Average Unit Size (Square Feet) Maximum Building Height (Feet) Maximum Number of Stories 7,000 50 New construction-- New construction-- 150 16 550 Elderly 800 Elderly Oceanfront lots-- Oceanfront lots--22 housing: See housing: See 200 Architectural section 142-1183 section 142-1183 Architectural district: district: New Rehabilitated Rehabilitated New construction on construction on buildings--400 Hotel buildings--550 Hotel vacant lots -120; vacant lots --13; unit: 15%: 300--335 units--N/A ground floor ground floor 85%: 335+ additions on the additions on the same development same development site (whether site (whether attached or attached or detached) to detached) to existing structures existing structures on oceanfront lots- on oceanfront lots-- 50 (except as 5 (except as provided in section provided in section 142-1161) 142-1161) Notwithstanding the above, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district, with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for ground floor additions to existing structures, whether attached or detached, shall be as follows: For existing__structures greater than five (5) stories in height, the maximum height shall be limited to ten (10) stories or the height of the roof line of the main structure on site, whichever is less. At the discretion of the Historic Preservation Board, the maximum height of the ground floor addition may exceed ten (10) stories if the existing and surrounding structures are greater than five (5) stories in height provided the addition is .consistent with the scale and massing of the existing structure. 2. For existing structures five (5) stories or less in height, the maximum height shall be limited to five (5) stories Additionally, the proposed addition shall not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the Historic Preservation Board. 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 relettered 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. APPLICABILITY. Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the enforcement of amendments to the land development regulations, this ordinance shall not be interpreted to affect rights granted through a previously approved Certificate of Appropriateness issued by the Historic Preservation Board by September 25, 2007, including their rights to apply for any extensions of time of such Certificate of Appropriateness that may be needed for obtaining full building permits based upon the plans originally submitted and approved by the Historic Preservation Board, as well as a future change of use from apartment to hotel. Additionally, this ordinance shall not be interpreted to affect rights granted through a previously approved Certificate of Appropriateness granted after January 1, 2005, which have expired, to seek a new approval and apply for any extensions of time of such Certificate of Appropriateness that may be needed for obtaining a full building permit based upon the plans originally submitted to and approved by the Historic Preservation Board, provided such applications are approved by the Historic Preservation Board prior to May 1, 2008. Notwithstanding the foregoing, any grandfathered project that is the subject of this applicability section shall not contain undersized units if converted from hotel to apartment. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 2007-3588 PASSED AND ADOPTED this 12th day of December 2007. MA Matti H. Bower TEST: CITY CLERK Robert Parcher APPROVED AS TO First Reading: ctober 17, 2007 Second Reading: ecember 12, 7 Verified by: J r G. Go ez, AIC tanning Director Underscore denotes new language F RM & LANGUAGE FOR EXECUTION 1 ~ ai p~' Att rney Date 12/21 /2007 T:\AGENDA\2007\dec1207\Regular\Oceanfront Heights Historic 2007-ORD FINAL.DEC.doc 4 COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amendment -Oceanfront Heights Historic Districts ~~~~ Intended Outcome Supported: Increase satisfaction with development and growth management across the City. Increase satisfaction with neighborhood character. Supporting Data (Surveys, Environmental Scan, etc.): Development construction was ranked No. 5 by residents as one of the changes that will make Miami Beach a better place; 66% of residents and 63% of businesses rated the amount done b the Cit for historic reservation as the ri ht amount. issuc. Shall the City Commission approve an Ordinance Amendment to modify the maximum height requirements for ground level additions on oceanfront properties located in the RM-3 district and within a local historic district? --- Item Summary/Recommenaation: SECOND READING pUgLIC HEARING The proposed Ordinance establishes height limitations for ground level additions on oceanfront properties zoned RM-3 and located within a local historic district, and containing at least one (1) contributing structure. The subject Ordinance was approved at First Reading on October 17, 2007. The Administration recommends that the Commission adopt the Ordinance. Advisory Board Recommendation: On July 9, 2007, the Land Use and Development Committee reviewed the proposed Ordinance and recommended approval. On September 25, 2007 the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation. CGn~n~i~l Infnrma4inn• ~ ~~~N~~V~M~ Source of Amount Account Funds: ~ N/A 2 3 OBPI Total Financial Impact Summary: N/A Cit Clerk's Office Le islative Trackin Thomas Mooney -Planning Department /~, ~ AGENDA ITEM fZSG' .fir ~ l~""'~ ~ DATE 12-! 2 -~ `~ m MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager SECOND READING DATE: December 12, 2007 U PUBLIC HEARING SUBJECT: Ocean Front Height Requirements -HISTORIC DISTRICTS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", BY AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY HIGH INTENSITY", TO MODIFY THE MAXIMUM BUILDING HEIGHT REQUIREMENTS FOR OCEANFRONT PROPERTIES LOCATED IN HISTORIC DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. BACKGROUND On January 17, 2007 the City Commission referred the subject Ordinance Amendment to the Land Use and Development Committee. On April 9, 2007, the Land Use Committee directed the Administration to revise the proposed Ordinance and to incorporate a sliding scale for additions in local historic districts. A separate ordinance pertaining to oceanfront properties in the Architectural District has been approved by the City Commission on First Reading. ANALYSIS In 2006, the Miami Design Preservation League brought to the attention of the City Commission certain concerns associated with the maximum permitted building heights of infill construction on ocean front lots in historic districts. The Land Use and Development Committee agreed that the issue should be studied and referred the matter to the Planning Board for consideration as an Ordinance Amendment. In consultation with the Planning Board and the Historic Preservation Board, the Planning Department drafted revisions to the RM-3 section of the City Code, in order to achieve a better level of compatibility between the scale and massing of new infill additions, and the December 12, 2007 Commission Memorandum Ocean Front Lot Height Requirements Page 2 of 3 established context of existing oceanfront rear yards. The Ordinance recommended that the overall height limitation remain at 5 stories/50 feet for additions in the Architectural District and that the applicable area be expanded to include oceanfront lots in all local historic districts. The height limitation for attached or detached additions, in the rear of existing ocean front properties in the City's local historic districts is 22 stories/200 feet; this is applicable to all ocean front properties from 22"d - 53`d Streets and 62"d - 71St Streets. The City Commission was not comfortable with the proposed Ordinance and referred the matter back to the Land Use and Development Committee for further study. Based upon the direction of the Land Use and Development Committee, the Administration drafted a revised Ordinance pertaining to those properties located in focal historic districts, but not the Architectural District. The revised Ordinance proposes a modified `sliding scale' based upon the size of a given lot. Specifically, for oceanfront lots located within a locally designated historic district or site, but not within the architectural district, with less than 400 feet of lineal frontage along Collins Avenue and containing at least one contributing structure, the maximum building height for additions to existing structures greater than 5 stories in height, whether attached or detached, would be limited to ten (10) stories or the height of the roof line of the main structure on site, whichever is less. For existing structures 5 stories in height, or less, the height limit of any addition would be limited to five (stories). Additionally, language was created so that a proposed addition would not substantially reduce existing or established view corridors, nor impede the appearance or visibility of architecturally significant portions of an existing structure, as determined by the Historic Preservation Board. The proposed amendment will affect only a handful of hotel properties along Collins Avenue, as most of the properties in local historic districts that have available FAR are either condos or have an approved development project. The proposed Ordinance will also make it clear from the beginning, when most developers and architects first review the code, that certain limitations exist with regard to infitl additions on oceanfront lots in historic districts. On July 9, 2007, the Land Use and Development Committee considered the revised Ordinance Amendment and recommended approval. On September 25, 2007, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation. The Planning Board also added an `Applicability' section to Ordinance, which will allow approved projects that may have become non-conforming to apply for an Extension of Time to obtain a Building Permit, as well as change the use from apartments to hotel. On October 17, 2007 the City Commission approved the revised Ordinance at First Reading. As part of the approval, the Commission requested that the following modifications be made to the Ordinance: 1. The Historic Preservation Board be given some discretion to allow for additions to be taller than 10 stories, if the existing building is greater than 5 stories. 2. The applicability section be amended to allow previously approved projects that have expired to re-apply for a new Certificate of Appropriateness. December 12, 2007 Commission Memorandum Ocean Front Lot Height Requirements Page 3 of 3 3. The applicability section clearly delineate that no under sized units shall be permitted for grandfathered projects, if converted from hotel to apartment at a future date. The Commission also requested that the Administration analyze the heights of existing and approved buildings from 63rd Street to 71St Street, in order to ascertain the average heights within the North Beach Resort Historic District. The following is a list of all structures on the east side of Collins Avenue from 63rd - 71St Streets, which are within the North Beach Historic District, and their corresponding heights: 6345, Casablanca Condominium: 9 Stories 6365, Akoya Condominium: 48 Stories 6423, Mar del Plata Condominium: 16 Stories 6515, Bel-Aire Beach Condominium: 20 Stories 6525, Brazil-Mimosa Hotel: 4 Stories 6551, Monte Carlo Condominium: 20 Stories (approved, under permit review) 6565, Sherry Frontenac Hotel: 10 Stories 6701, Deauville Beach Condominium: 20 Stories (approved, permit issued) 6751, Deauville Hotel: 14 Stories 6747, Vacant Lot: 20 Stories allowed (and previously approved) 6767, Sterling Condominium: 20 Stories 6801, Carillon/Canyon Ranch Condominium/Hotel: 30/15/36 Stories 6901, Golden Sands Condominium: 16 Stories 6917, Victorian plaza Condominium: 15 Stories 6969, Porte-Royale Condominium: 14 Stories 6979, Normandy Isle Plaza Hotel: 3 Stories 6985, Crystal Beach Condominium: 4 Stories The average height of all of the above noted structures is 18 stories. If the non-conforming Akoya and Canyon Ranch Towers are removed, the average height drops to 14 stories. When broken down into 4 block modules, the average heights are as follows: 63rd - 67th Streets: 18 Stories; if the Akoya is removed, the average is 13 stories. 67th - 71St Streets: 17 Stories; if Canyon Ranch is removed, the average is 14 stories. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact upon the resources of the City. Furthermore, as the proposed Ordinance does not affect the floor area ratios, there should be no significant impact to any tax revenue generated by any new construction. CONCLUSION The Administration recommends that the City Commission adopt the proposed Ordinance. Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/TRM T:\AGENDA\2007\dec1207\Regular\Oceanfront Heights Historic 2007 MEM.DEC.doc so _ 0 o: . CIT'I( OF MIAMI BEACH N ~, °` NOTICE OF PUBLIC HEARING w i. NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and C'dy Commission of the Cit of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on Wednesday, December 12, 2007, to consider the following: 10:20 a.m. An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Florida, Entitled "Administration." By Amending - Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Cultural Arts Council," By Amending Section 2-58; And Creating New Sections 2-58(A) And 2-58(B); Said Amendments Related To Assigning The Powers _ And Duties Of The Community Benefit Fund To The Miami Beach Guttural Arts Council. Inquiries may be directed to the Tourism and Guttural Development at (305) 673-7577. "' 10:20 a.m. = An Ordinance Amending Chapter 2 of the Code of the City Of Miami Beach, Florida, Entitled "Administration," By Amending Article a` ! III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory ~ ', Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related To Removing The _ ; Jackie Gleason Theater Of Performing Arts (Now The "The Elmore Miami Beach At The Jackie Gleason Theater") From The Powers ~. And Duties Of The Board And, Further, Removing The Powers And Duties Of The Community Benefit Fund From The Powers And -- Duties Of The Convention Center Advisory Board. N ', Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577. L v 10:30 a.m. ? ; An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entltled "Public Property," By Amending Article I, Entitled "In E General,"By Amending Section 82-4 - 82-5, Ertitted "Reserved," By Amending Section 82-4 To Prohibit Foods Containing Artrficial Trans Fat In Vending Machines On City Property And In Concession Facilities Subject To Concession Or Management Agreements ~ With The City. s ! Inquiries may be directed to the Legal Department at (305) 673-7470. E 10:31 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II, "Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein ~ EntiBed "Hybrid/ILEV pnhereniry Low Emissions Vehicles) Vehicles Incentives. Inquiries may be directed to the Parking Department at (305) 613-7275. 10:35 a.m. An Ordinance Amending Sections 18-901-18-910, Entitled Street Perbrmers And Art Vendors; Authorizing Street Performers And Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions And Regulations For Permits Issued To Street Vendors Performers And Artist Vendors; Providing For Ertorcement, Suspension Or Revocation. Inquiries may be directed to the Neighbortwod Services Department at (305) 673-7077. 10:40 a.m. An Ordinance Deleting The language In Sections 82-366 Through 82-388 (The City's Sidewalk Cafe Ordinance) In Its Entirety, And Replacing h With New Language In Said Sections 82-366 Through 82-385, AQopting And Incorporating The City's New Sidewalk Cafe Ordinance. Inquiries may be directed to the Public Works Departmerd at (305) 673-7080. j 11:OD a.m. An Ordinance Amending The Land Deveopmert Regulations Ot The Code Of The Cily Of Miami Beach, By Amending Chapter 142, "Zoning D'~stricts And Regulatxxrs," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Modiry The Maximum Building Heigh Requirements For Oceardront Properties located In Historic Districts. Inquiries may be directed to the Planning Department at (305) 673-7550. 11:00 a.m. An Ordinance Amending The Land Developmert Regulations Of The Code Of The City OF Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations," Article II, "District Regulations," By Amending Divisbn 3, "Residential Multifamily Districts," By Amending Subdivision V, "RM-3 Residerdlal Multfamiy High kensity," To Modity The Maximum Building Height Requirements For Properties Located In The Architectural District. Inquiries may be directed to tile Planning Department at (305) 673-7550. 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 Commisson, 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, l st Floot City Hall, and' Miami Beach, Forida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. Robert E. Percher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Slat., the City hereby advises the public that: 'rf a person decides to appeal any decision made by the City Commission wlth respect 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 concert by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does ft authorize challenges or appeals rrot otherwise allowed by law. To request this material in accessible format, sign lan~age interpreters, information on access for persons with disabfltties, and/ or any accommodation to review arty document or partk:ipete in any city-sponsored proceeding, please confect (305) 604-2489 (Avdoice), (30(305)673-7218(TTY) five days in advance to initiate your request. TT.Y users may also call 711 (Fbrkla Relay Service). m MIAMI BEACH