2012-3784 Ordinance GROUND FLOOR ADDITIONS IN THE ARCHITECTURAL DISTRICT
ORDINANCE NO. 2012-3784
i
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 11, "DISTRICT REGULATIONS," BY
AMENDING DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS,"
BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY
HIGH INTENSITY," TO CREATE ADDITIONAL REGULATIONS
REGARDING GROUND FLOOR ADDITIONS 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 have 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 Board and Planning
Board have reviewed and endorsed the proposed amendment 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. 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:
Section 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 Minimum Minimum Average Maximum Maximum
Lot Area Lot Width Unit Size Unit Size Building Height Number
(Square (Feet) (Square Feet) (Square Feet) (Feet) of Stories
Feet)
7,000 50 New New 150 16
construction— construction-
550 800 Oceanfront lots— Oceanfront lots-
Non-elderly and Non-elderly and 200 22
elderly low and elderly low and Architectural dist.: Architectural dist:
moderate moderate New construction— New
income income housing: 120; ground floor construction-13;
housing: See See section additions (whether ground floor
section 142- 142-1183 attached or additions (whether
1183 Rehabilitated detached) to attached or
Rehabilitated buildings-550 existing structures detached) to
buildings-400 Hotel units— on oceanfront existing structures
Hotel unit: N/A lots-50 (except as on oceanfront
15%: 300— provided in section lots-5 (except as
335 142-1161 provided in section
85%: 335+ 142-1161
(c) 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:
(1) For existing structures greater than five stories in height, the maximum height
shall be limited to ten 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 stories if the existing
and surrounding structures are greater than five stories in height, provided the
addition is consistent with the scale and massing of the existing structure.
(2) For existing structures five stories or less in height, the maximum height shall
be limited to five 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.
(d) Notwithstanding the above, for oceanfront lots located in the architectural district, the
overall height of an attached addition may exceed five 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
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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 requirement may be waived by
the city manager if it is demonstrated that the project provides an extraordinary
public benefit to the surrounding 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.
(e) A ground floor addition relocating existing hotel units shall also meet the followinq
conditions, in addition to subsection (d)(2-4) above:
(1) There shall be no neighborhood impact establishment, dancehall or
entertainment use in the area of the proposed addition;
(2) No new outdoor or open air entertainment establishment shall be created
on the property. Outdoor or open air entertainment establishments_existina as of
the effective date of this ordinance ( ) may continue_but
shall not be expanded if a property avails itself of this provision.
(3) Upon approval of the proposed addition by the Historic Preservation Board,
no building greater than two (2) stories or 25 feet in height shall be constructed
between the rear of the building and westward line of the dune overlay district;
This provision shall not be subject to variance.
(4) Notwithstanding the provisions in Section 142-1161(d), if the building
Presently contains unoccupied but built spaces enclosed on at least three sides by
existing walls of a height that would conceal a new roof, such as false parapets or
storage rooms, those spaces may be further enclosed as habitable floor area, up
to the permitted floor area; and
(5) No new commercial uses shall be permitted on the rooftop or any open air
decks of the existing structure or proposed addition.
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
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1
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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 14th day of November , 2012
/90 .
OR
ATTES
CM( CLERK _
INCORPi ORATED.: a
'.. ' APPROVED AS TO
F RNI & LANGUAGE
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& FOR EXECU ION
I1 � 12
ity Morney Q's D to
First Reading: October 24, 2012 t—
Second Readin :,November 14, 2012
Verified by
Richard Lorber
Planning Director
Underscore denotes new language
TAAGENDA\2012\11-14-12\RM-3 Ground Floor-ORD 2ND rev.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
F econd Reading to consider an Ordinance Amendment regarding ground floor additions for properties
oned RM-3, within the Architectural District.
Key Intended Outcome Supported:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc More than half of all residential respondents,
55%, suggested the effort put forth by the City to regulate development is"about the right amount."
Issue:
Should the City Commission approve an Ordinance at First Reading, amending the development
regulations for ground floor additions for properties zoned RM-3, within the Architectural District?
Item Summa /Recommendation:
SECOND READING
The proposed ordinance would amend the development regulations for ground level additions located
within the RM-3 zoning district and the Architectural district. Specifically, existing hotel units could be
relocated and follow the height of the existing structure, subject to Historic Preservation Board
approval, even if the existing structure exceeds 50' in height, provided the new construction is
attached to the west side of the existing building.
The City Commission approved the Ordinance at First Reading on October 24, 2012.
The Administration recommends that the City Commission adopt the proposed Ordinance.
Advisory Board Recommendation:
On March 28, 2012, the Land Use and Development Committee referred the proposed Ordinance to
the Planning Board.
On August 14, 2012, the proposed ordinance was reviewed by the Historic Preservation Board
where, by a vote of 4-0 (3 members absent) the Board passed a Resolution endorsing the proposed
Ordinance.
On August 28, 2012, the Planning Board recommended that the City Commission approve the
proposed ordinance by a vote of 4-1 (two members absent).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The proposed ordinance should not have any direct fiscal impact
upon the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
Sign-Offs:
/17ep"mep Director As istant City n ger City Manager
T:W ENDA 012\11-14-12\RM-3 Ground I r-60M 2N docx
AGENDA ITEM RE 3
AAIAMIBEACH - -
DATE !I I�! 1 Z
OP NAIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
DATE: November 14, 2012
SECOND READING
SUBJECT: Ground Floor Additions in the 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 CREATE
ADDITIONAL REGULATIONS REGARDING GROUND FLOOR ADDITIONS
FOR PROPERTIES LOCATED IN THE ARCHITECTURAL DISTRICT;
PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
A discussion regarding the RM-3 regulations concerning attached and detached
additions to buildings in the Architectural Historic District was referred to the Land Use
and Development Committee (LUDC) by Commissioner Ed Tobin. At the March 28,
2012 meeting, the Land Use and Development Committee referred the matter to the
Planning Board.
An Ordinance to amend Section 142-246(d) of the City Code-was subsequently drafted
and routed through the Planning and Historic Preservation Boards.
ANALYSIS
The proposed amendment to Section 142-246(d) was proposed by the law firm of
Bercow, Radell & Fernandez, P.A., on behalf of the South Seas Hotel, located at 1751
Collins Avenue. The amendment would liberalize the existing five (5) story limitation on
additions to oceanfront properties in the RM-3 Architectural District (between 161h and
21St Street). The South Seas is an existing Art Deco hotel that is contemplating a
renovation program, and would like to build an addition within the existing footprint of the
Commission Memorandum
Ground Floor Additions in the Architectural District
November 14, 2012 Page 2 of 3
historic hotel. Currently the City Code allows that addition to be limited to a one story
rooftop addition, meeting line of sight requirements.
The tallest portion of the existing building is seven stories, and the proponents desire is
to construct an addition at least that tall, adjacent to the existing structure. This is not
permitted under today's code, and a code amendment is necessary to implement these
proposed plans.
A previous ordinance amendment was adopted by the City in 2007, which permitted a
similar type of expansion, but only to increase the size of existing hotel rooms. This
amendment was proposed by the Seagull/ Days Inn on 21St Street, which has an
awkward floor plan and the proposed addition would have filled in a notch in those
rooms, expanding them to a larger room size, but not adding any new units. However,
this existing provision would not apply to the South Seas proposal, as it intends to add
several floors of new hotel rooms. The applicant points out that their proposal also
eliminates an equal number of rooms within the existing building, converting them to
other hotel back of house uses and accessory commercial uses, so would not actually
result in an increased number of rooms. The amendment as proposed by the South
Seas, would remove the requirement that the additions over one story, or higher than 50
feet, can only be for increasing the size of existing units, but would keep a restriction that
an overall increase in the number of units could not be increased.
The proposed Ordinance Amendment also requires that the additional square footage
consist of the relocating of existing hotel units, as well as the following:
• There shall be no neighborhood impact establishment, dancehall or
entertainment use in the area of the proposed addition;
• No new outdoor or open air entertainment establishment shall be created on the
property. Existing outdoor or open air entertainment establishments (as of the
date of this ordinance) may continue but shall not be expanded if a property
avails itself of this provision.
• Upon approval of the proposed addition by the Historic Preservation Board, no
building greater than two (2) stories in height or 25 feet shall be constructed
between the rear of the building and westward line of the dune overlay district.
This provision shall not be subject to variance.
• If the building presently contains unoccupied but built spaces enclosed on at
least three sides by existing walls of a height that would conceal a new roof, such
as false parapets or storage rooms, those spaces may be further enclosed as
habitable floor area, up to the permitted floor area; and
• No new commercial uses shall be permitted on the rooftop or any open air decks
of the existing structure or proposed addition.
While the Planning Department has worked with the proponent on this proposal for
amending the height regulations in this historic district, and recognizes the desirability of
fostering additional hotel redevelopment, there remain concerns about the impact of
such a change on neighboring properties in the general area, which might also be able
to request additional building height, as well as on the City's carefully crafted historic
preservation regulations, which are subject to being made less effective if they are
repeatedly amended and watered down. This specific proposal may be acceptable
within that context, however, provided that the details are carefully considered and
tailored to balance redevelopment with preserving existing scale and massing.
Commission Memorandum
Ground Floor Additions in the Architectural District
November 14, 2012 Page 3 of 3
The subject Ordinance was approved at First Reading on October 24, 2012. Subsequent
to this approval, the Administration has slightly modified the provision of the proposed
Ordinance pertaining to new outdoor or open air entertainment establishments.
Specifically, text has been added to make it clear that only outdoor or open air
entertainment establishments that are currently existing, or existing as of the effective
date of the Ordinance (November 24, 2012), may remain but cannot be expanded if the
provisions of the Ordinance are availed.
LAND USE COMMITTEE & HISTORIC PRESERVATION BOARD REVIEW
On March 28, 2012, the Land Use and Development Committee, after a presentation by
the attorney and architect representing the South Seas Hotel, referred the matter to the
Planning Board. On April 11, 2012, the City Commission discussed this LUDC referral
and expressed concerns about the negative impacts this ordinance may have on other
historic buildings and districts. The City Commission directed the Administration to have
the ordinance reviewed by the Historic Preservation Board for its comments and input.
On June 12, 2012, the Historic Preservation Board briefly discussed the proposed
ordinance, but requested that it be brought back at its July meeting for a more detailed
discussion. At the July meeting, the Board continued it again to the August meeting.
The proposed ordinance was reviewed by the Historic Preservation Board at its August
14, 2012 meeting. By a vote of 4-0 (3 members absent) the Board passed a Resolution
endorsing the proposed Ordinance.
PLANNING BOARD REVIEW
On August 28, 2012, the Planning Board (by a 4-1 vote) transmitted the Ordinance
Amendment to the City Commission with a favorable recommendation.
CONCLUSION
The Administration recommends that the City Commission Adopt the Ordinance.
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NE THURSDAY, NOVEMBER 1,2012 1 19NE
101AN"d BEACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission
of the City of Miami Beach,in the Commission Chambers,3r1 Floor,City Hall,1700 Convention
' Center Drive, Miami Beach, Florida, on Wednesday, November 14, 2012,to consider the
following:
10:15 a.m.
Parking District No.5-Sunset Harbour Neighborhood
Ordinance Amending The City Code of the City of Miami Beach, Florida, by Amending
Chapter 130,"Off-Street Parking,"Article II"District;Requirements,"Section 130-31 "Parking
Districts Established," By Creating A New Parking District No. 5;Amending Section 130-33,
"Off-Street Parking Requirements For Parking Districts Nos. 2, .3 And 4," By Adding New
Parking Regulations For Parking District No. 5 For Properties Generally Bounded By Purdy
Avenue On The West,20th Street On The North,Alton Road On The East And Dade Boulevard
On The South; Amending Section 142-483, "Conditional Uses" By Adding To The List Of
Conditional Uses In The 1-1 Urban Light Industrial District;Amending Chapter 142,Article II,.
"District Regulations,"Division 5,"CD-2 Commercial Medium Intensity District,"By Amending
Sections 142-302,"Main Permitted Uses,"Section 142-303,"Conditional Uses,"And Section
142-305,"Prohibited Uses," By Clarifying The Permitted, Prohibited And Conditional Uses In
Parking District#5.
J
Inquiries may be directed to the Parking Department(305)673-7275.
10:30 a.m.
Ground Floor Additions In The Architectural District
An Ordinance 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 Create Additional Regulations.
Regarding Ground Floor Additions For Properties Located In The Architectural District.
Inquiries may be directed to the Planning Department(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/o the City Clerk,
N 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies
of these items are available for public inspection during normal business hours in the
j! City Clerk's Office, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139.This meeting may be continued,and under such circumstances additional
legal notice will not be provided.
Rafael E.Granada,City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person
jo 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 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 us five days in advance
at(305)673-7411(voice)or TTY users may also call the Florida Relay Service at 711.
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