2007-3589 OrdinanceOCEAN FRONT LOT HEIGHT REQUIREMENTS
ARHITECTURAL DISTRICT
ORDINANCE NO. 2007-3589
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
PROPERTIES LOCATED IN THE ARCHITECTURAL
DISTRICT; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY 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 the Architectural District 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 in the architectural district, the
overall height of an attached addition may exceed 5 stories and 50 feet, but shall not
exceed the height of the roof line of the structure attached to, provided all of the following
conditions are satisfied:
(1) The proposed addition shall consist of the expansion of existing hotel units only and
shall not result in an increased number of units.
(2) The proposed addition shall be for hotel units only. A restrictive covenant, running
with the land, or other similar instrument enforceable against the
owner(s), acceptable to and approved as to form by the City Attorney, shall be
required to ensure that the units remain as hotel units for a minimum of 30 years. If
the applicant is unable to provide such a covenant, this reauirement may be waived
by the City Manager if it s_demonstrated that the project provides an extraordinary
ublic benefit to the surroundina area.
(3) The proposed addition shall not be attached to front, street side or oceanfront
elevations, nor along any other principal elevations or facades, as determined by
the Historic Preservation Board.
(4) 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 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 12th day of December , 200 .
ATTEST: `~.
Q ~
CITY CL RK Robert Parcher
MAY Matti H. Bower
APPROVED AS TO
First Reading: October 17, 2007
Second Reading; Decembey/12, 2007
Verified by:
G.'Gom~z.IAICP
tanning Dire to
Underscor denotes new language
12/13/2007
FORM & LANGUAGE
& FOR EXECUTION
iz~Z
y orney Date
T:WGENDA\2007\dec1207\Regular\Oceanfront Heights Architectural 2007- ORD FINAL.dec.doc
3
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Oceanfront Heights Architectural District
intenaea outcome su
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.
Shall the City Commission approve an Ordinance Amendment to modify the maximum height requirements
for ground level additions on oceanfront properties located in the Architectural District?
Issue:
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance modifies the height limitations for ground level additions on oceanfront properties
located within the Architectural District.
The proposed Ordinance was approved at First Reading on October 17, 2007.
The Administration recommends that the Commission adopt the ordinance.
Advisory Board Recommendation:
On June 11, 2007, the Land Use and Development Committee reviewed the proposed Ordinance and
recommended approval.
On August 28, 2007 the Planning Board transmitted the proposed Ordinance to the City Commission with a
favorable recommendation.
Financial Information:
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
Sign-Offs:
~ Dyepartment Diy~tor ~ A~sis~ant~ity Manager ~ City Manager ~
2007 - SUM.dec.doc
~~' AGEiVDA ITEM S
~aTE (2-12 -o -~
m MIAMIBEACH
City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, w~ww.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City C mission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: December 12, 2007 PUBLIC HEARING
SUBJECT: Oceanfront Height Requirements -Architectural District
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 PROPERTIES LOCATED IN THE
ARCHITECTURAL DISTRICT; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On May 8, 2007, the Historic Preservation Board passed a Resolution that referred a
proposed Ordinance Amendment pertaining to oceanfront heights in the Architectural
District to the Land Use and Development Committee for consideration. The code currently
permits, subject to Certificate of Appropriateness approval, up to a 5 story attached or
detached addition, in the rear of existing oceanfront properties zoned RM-3 in the
Architectural District; this includes all ocean front properties from 16th Street to 21St Street.
Previously the Historic Preservation Board had proposed to reduce the maximum allowable
height for additions in the Architectural District to 2 stories / 25 feet. However, the Planning
Board recommended that the overall height limitation remain at 5 stories/50 feet for
additions, and that the applicable area be expanded to include oceanfront lots in all local
historic districts. The rationale of the Planning Board was that a limitation of 2 stories/25
feet in height for additions might be a little restrictive and that the Certificate of
Appropriateness review process would be better suited for those instances in which a
height lower than 5 stories/50 feet would be appropriate.
The City Commission was not comfortable with either the recommendation of the Historic
Preservation Board, nor the Planning Board and referred the matter back to the Land Use
and Development Committee for further discussion. Based upon the Resolution adopted by
the Historic Preservation Board regarding additions within the Architectural District, the
Planning Department has drafted a separate Ordinance for oceanfront lots located in the
December 12, 2007
Commission Memorandum
Ocean Front Lot Height Requirements -ARCHITECTURAL DISTRICT
Page 2 of 2
Architectural District.
ANALYSIS
The proposed Ordinance would maintain the existing 5 story limitation for attached and
detached additions. However, the overall height of an attached addition could be tallerthan
5 stories, but not exceed the height of the roof line of the structure attached to, provided all
of the following conditions are satisfied:
(1) The proposed addition shall consist of the expansion of existing hotel units only and
shall not result in an increased number of units.
(2) The proposed addition shall be for hotel units only; a restrictive covenant, running
with the land, shall be required to ensure that the units remain as hotel units for a
minimum of 30 years.
(3) The proposed addition shall not be attached to front, street side or oceanfront
elevations, nor along any other principal elevations or facades, as determined by the
Historic Preservation Board.
(4) 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.
The proposed amendment will only affect a limited number of oceanfront properties within
the Architectural District and would allow for more flexibility in terms of expanding existing
hotels in an architecturally appropriate manner.
The Land Use and Development Committee evaluated the proposed Ordinance on June 11,
2007 and recommended approval. On August 28, 2007, the Planning Board transmitted the
subject Ordinance to the City Commission with a favorable recommendation.
The subject Ordinance was approved at First Reading on October 17, 2007.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
CONCLUSION
The Administration recommends that the City Commission adopt the 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.
JMGlTH/JGG/TRM
T:\AGENDA\2007\dec1207\Regular\Oceanfront Heights Architectural 2007 - MEM.dec.doc
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CITY OF MIAMI BEACH
°~ NOTICE OF PUBLIC HEARING
a
u~
ti
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City oT
`'Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Ha11,1700 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
c Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Guttural 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 Benetft Fund To The Miami Beach Guttural Arts Council
Inquiries may be directed to the Tourism and Guttural Development at (305) 673-7577. "
~ I
"' 10:20 a.m.
x`
- 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
E ! Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related Ta Removing The
u+ ! 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 Fram The Powers And
- Duties Of The Convention Center Advisory Board.
Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
t
. 10:30 a.m.
z An Ordinance Amending Chapter 82 Of The Miami Beach City Code, EMiUed "Public Property," By Amending Article I, Entitled "In
E ! General,"By Amending Section 82-4 - 82-5, Entitled "Reserved," By Amending Section 82-4 To Prohiblt Foods Corrtaining Art~cial
Trans Fat In Vending Machines On City Properly And In Concession Facilities Subject To Concession Or Management Agreements
'° ' With The City.
~ '
' Inquiries may be directed to the Legal Department at (305) 673-7470.
E
10:31 a.m.
An Ordinance Amending The Code Of The Ciiy 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
m + Entitled "HybriMLEV (Inherently Low Emissions Vehicles) Vehicles Incentives.
F
Inquiries may be directed to the Parking Department at (305) 673-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Enttled Street Performers 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 Enforcement, Suspension Or Revocation.
j Inquiries may be directed to the Neighborfwod Services Department at (305) 673-7077.
' 10:40 a.m.
~. An Ordinance Deleting The Language In Sections 82-366 Through 82-388 (Ttie City's Sidewalk Cafe Ordinance) In lts Entirety, And
Replacing tt With New Language In Said Sections 82-366 Through 82-385, Adopting And Incorporating The City's New Sidewalk
Cafe Ordinance.
Inquiries may be directed to the Public Works Department at (305) 673-7080.
11:00 a.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Ot 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 ModifyThe Maximum Building Height Requirements
' For OceardroM Properties Located In Historic Districts.
I
Inquiries may be directed to the Planning Departme-d at (305) 673-7550.
11:00 am.
An Ordinance Amending The Land Deveopment 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 Properties Located In The Architectural District.
i Inquiries may be directed to the 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 Commission, c% 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, Fkxida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
t
Robert E. Percher, City Clerk
City of Miami Beach
Pursuam to Section 286.0105, Fla. Stet., the City hereby advises the public that: if a pe(son decides to appeal any decision made
by the City Commission with 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 noYconstitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does lt authorize challenges or appeals not otherwise allowed by taw.
To request this material in accessible format, sign language interpreters, irdormation on access for persons with disabillties, and/
or-any accommodation to review any documerrt or participate in any city-sponsored proceeding, please contact (305) 604-2489
(Avdoice), (3(305)673-7218(ffY) five days in advance to initiate your request TTY users may also call 7t 1 (Florida Relay Service).
_ MIA/V~I BEACH