2015-3957 Ordinance INCENTIVES FOR ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY
HOMES
ORDINANCE NO. 2015-3957
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF
HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE RETENTION OF ARCHITECTURALLY
SIGNIFICANT SINGLE-FAMILY HOMES; PROVIDING FOR CODIFICATION; �.
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the City of Miami Beach Land Development Regulations ("LDRs") provides
for the regulation of land within the City; and
WHEREAS, the Planning Board, at its meeting dated June 23, 2015, by a vote of 6-0,
recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish 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 2, "Single Family Residential Districts," of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-108. - Provisions for the demolition of single-family homes located outside of historic
districts.
* * *
(g) New construction requirements for properties containing a single-family home
constructed prior to 1942.
* * *
(2) Regulations for additions to architecturally significant homes which are substantially
retained and preserved. In addition to the development regulations and area requirements of
section 142-105, of the land development regulations of the City Code, the following shall
apply in the event an architecturally significant single-family home constructed prior to 1942 is
substantially retained and preserved. In the event of a conflict between the provisions of
section 142-105, 142-106 and section 118-252, and the regulations below, the provisions
herein shall control:
a. Review criteria. The proposed addition and modifications to the existing structure may be
reviewed at the administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or designee. The design of
any addition to the existing structure shall take into consideration the scale, massing,
building orientation and siting of the original structure on the subject site.
b. Lot coverage. The total lot coverage may be increased to, but shall not exceed 40
percent, and may be approved at the administrative level, provided that the review criteria
in section 142-105 have been satisfied, as determined by the planning director or
designee. In the event the lot coverage of the existing structure exceeds 35 ['10} percent,
no variance shall be required to retain and preserve the existing lot coverage and a
second level addition shall be permitted, provided it does not exceed 60 percent of the
footprint of the existing structure; no lot coverage variance shall be required for such
addition.
c. Unit size. The total unit size may be increased to, but shall not exceed 60 percent, and
may be approved at the administrative level, provided that the review criteria in section
142-105 have been satisfied, as determined by the planning director or designee.
d. Heights for RS-3 and RS-4. For lots zoned RS-4 with a minimum lot width of 60 feet, or
lots zoned RS-3, the height for ground level additions not to exceed 50 percent of the lot
coverage proposed, may be increased up to 26 feet for a flat roofed structure and 29 feet
for a sloped roof structure (as measured to the mid-point of the slope) above the minimum
required flood elevation, and may be approved at the administrative level, provided that
the review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
e. Heights for RS-1 and RS-2. For lots zoned RS-1 or RS-2, the height for ground level
additions not to exceed 50 percent of the lot coverage proposed may be increased up to
30 feet for a flat roofed structure and 33 feet for a sloped roof structure (as measured to
the mid-point of the slope) above the minimum required flood elevation, and may be
approved at the administrative level, provided that the review criteria in section 142-105
have been satisfied, as determined by the planning director or designee.
f. Courtyards. The minimum courtyard requirements specified in subsection 142-106(2)d.
may be waived at the administrative level, provided that the review criteria in section 142-
105 have been satisfied, as determined by the planning director or designee.
g. Front setback. Two-story structures or the second floor may encroach forward to the 20-
foot front setback line, and may be approved at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
h. Second floor requirements. The maximum second floor area of 70 percent specified in
subsection 142-105(b)(3)c may be waived at the administrative level, provided that the
review criteria in section 142-105 have been satisfied, as determined by the planning
director or designee.
2
i. Two-story ground level additions. The construction of a ground floor addition of more than
one story shall be allowed to follow the existing interior building lines, provided a minimum
side setback of five feet is met, and may be approved at the administrative level, provided
that the review criteria in section 142-105 have been satisfied, as determined by the
planning director or designee.
j. Projections. Habitable additions to, as well as the relocation of, architecturally significant
structures, may project into a required rear or side yard for a distance not to exceed 25
percent of the required yard, up to the following maximum projections:
1. Interior side yard: Five feet.
2. Street side yard: Seven feet six inches.
3. Rear yard: Fifteen feet.
k. Fees. The property owner shall not be required to pay any city planning or public works
department fees associated with the renovation and restoration of the existing single-
family home; except that any and all non-city impact fees and other fees shall still be
required.
I. The above regulations shall also be applicable to:
1. Any single-family home designated as an historic structure by the historic
preservation board, and not located within a locally designated historic district.
2. Any single-family home constructed prior to 1966, if the owner voluntarily seeks a
determination of architectural significance and if such home has been determined to
be architecturally significant in accordance with section 142-108(a).
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.
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.
3
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 2 day of S' 2 P+emb€( , 2015,-
,,3
Philip Levine, Mayor ;:-
ATTEST: /
. ;,; /
M ,'
Raf=el E. ra ,ado, a ty r Jerk - - 'S
-7.,Y*"...'... '' ''''°- .\,f ...�� � APPROVED AS TO
a ,:,.• „,:
FORM AND LANGUAGE
`A" :1NCORP ORATED= G & FOR EXECUTION
?` -7 . j w,k De.l— 1\13i5
'' ', r �c'� City Attorney i Date
i.,` tea`+`. /1
First Reading: July 8, 2015 /'/
Second Reading: eptember i., , 201
(I ,
(/
Verified by: i
Thomas R. Mooney, AICP
Planning Director
Underline denotes new language
g#denotes deleted language
[Sponsored by Commissioner Malakoff]
T:\AGENDA\2015\September\PLANNING\SF Incentives for Architectural Significant Homes-Second Reading ORD.docx
4
,
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance that amends the requirements and procedures for the retention of architecturally
significant single-family homes.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING—PUBLIC HEARING
Section 142-108 (g)(2) of the Land Development Regulations details various incentives that are
provided for the retention and preservation of `Architecturally Significant' single-family homes. The
proposed amendment would modify the applicability of the incentives to ensure that they only apply to
homes located outside of locally designated historic districts.
On May 27, 2015, the Land Use and Development Committee recommended that the Ordinance be
sent to the Planning Board with a favorable recommendation.
On July 8, 2015 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2261).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
6D partmen irect/ Assistant City Manager City Manager
r
T:WGENDA\2015\September V' a NNING\SF Incentives for Artchitectural Significant Ho es-Second Reading
SUM.docx
N\1 Ami 1: E Ac 1.1 AGENDA ITEM IR CA
DATE 9_2_ C
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of t e City Corn ission
FROM: Jimmy L. Morales, City Manager .�r
DATE: September 2, 2015 S OND -EADING — PUBLIC HEARING
SUBJECT: Incentives for Architecturally Signif ant Single Family Homes
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS (LDR's) OF THE CITY CODE, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY
RESIDENTIAL DISTRICTS," SECTION 142-108, "PROVISIONS FOR THE
DEMOLITION OF SINGLE-FAMILY HOMES LOCATED OUTSIDE OF
HISTORIC DISTRICTS;" BY AMENDING THE REQUIREMENTS AND
PROCEDURES FOR THE RETENTION OF ARCHITECTURALLY
SIGNIFICANT SINGLE-FAMILY HOMES; PROVIDING FOR CODIFICATION;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On April 15, 2015, at the request of Commissioner Malakoff, the City Commission
referred the attached Ordinance amendment (Item C4C) to the Land Use and
Development Committee. The item was simultaneously referred to the Planning Board.
On May 27, 2015, the Land Use and Development Committee recommended that the
Ordinance be sent to the Planning Board with a favorable recommendation.
ANALYSIS
Section 142-108 (g)(2) of the Land Development Regulations details various incentives
that are provided for the retention and preservation of `Architecturally Significant' single-
family homes. These incentives, which are applicable to homes constructed prior to
1966, include increases in unit size, lot coverage and height.
Commission Memorandum
Ordinance Amendment—Incentives for Architecturally Significant Single Family Homes
September 2, 2015 Page 2 of 2
As currently written, these incentives can be applied to single-family homes located in
locally designated historic districts, provided the home is designated as a standalone
historic structure by the Historic Preservation Board. Since modification and demolition
of homes located in locally designated historic districts is subject to the approval of the
Historic Preservation Board, additional incentives to retain and preserve such homes
have been questioned.
The proposed amendment would modify the applicability of the incentives to ensure that
they only apply to homes located outside of locally designated historic districts. The
Ordinance amendment would modify Section 142-108 (g)(2)(I) of the Land Development
Regulations as follows:
I. The above regulations shall also be applicable to:
1. Any single-family home designated as an historic structure by the
historic preservation board, and not located within a locally
designated historic district.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
On July 8, 2015, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/TRM/RAM
T:WGENDA\2015\September\PLANNING\SF Incentives for Artchitectural Significant Homes-Second Reading MEM.docx
C O= c a !� O
M
n o iila o v•,,,"-_tr, °� °vim ° Z %.:-.. p U � �� UO E �� o>
E m= `L° cot c^ 60 `°° O E 16-O p`o W ° Q ii n t N > o coo
►n 0 j`� N 7v- OIOrj OJ =~ W O7° > =Q O y LtD U E N at+ E U a)
•0 0)O a>i rnOu)r 0)Q my co a,2�, o O oai a) c o 'co E
O a) >.`1:' O N .. a) cc.. = �- N >.U c6 LL O L'- c9 2 N U
N c cc 2a)Lci 2E mcD t-° �a �m co N� � � '� o mac°
O .., i.: U,� W O .-, o -O a) T_.' a) L ... O O t C a .
N r s N O a) N U m N M N.= C N c Q U 0)O co >•.N O C N N y'> C a) O Ia
C o 0 O a 6 O o .... 6 c c C ❑ °)- c c N icr, can .y owl! ` °) L N m m
Q U m = m c d v Q = n a) CO n°.Q 0 E > > > >,a) c C7,.
U a) U ,C U `
> Y N v J J O tl U N an d w ..2 °°- d Q 0 a) tea) _ EO a p CO ct (4 W
'C N U N LL m = o c Q 2 Q 2 8 >•Z c -a•_ U m m 'N E °) o c a) o
un
m Q c« Q a ..O Q J v o'm n as.m > E o r
o � E Ea :NEE °i c ocm :Na) Yto : 6m ac•E " od Eym = .a � �
_ 1n o c ov c o �.c vi0o N N oQcn= 02 xa ;v i� c o E °' m ° Sv 2.32~ o N O 2>• _N 2 _� •O N C U o LL .-� ? _ .0)....,C- E L N C
O ? O 0 LL . C .+ L 'O a7
.= ■c�6 0' 0) o'E E a m O c,,) .- a) a) CO Q a) a) a a) o o c, o en r «.
N LL'0 2
CD L)•' 7 .... ca +N•' �. 2 O M a) C a) C U .�, `12 C N 7 °) •�L 0 co
Z m E v to'> o d CO o m Q o CO a c o m Q F- o y,Q aa)) i O m w c y - c co
L _
a) c o,o c w=T. o o t "� Q o N 0)a m e L a) >'- N o a
E L Q C tL Q C 7 0 C .., U C y a a) C E O N E 0' N
O U vi in.�.. y c?..-Q N .N-, C 07 O. `2= >O - 0) ~ o O` a7 C•2 -0 U'c a O
CC?) ;O E L 0 0 a. m m c O v v rn ri m rn s > > c `° L c o N
> N 0 0 2 o o a) n > a) p a) C o caa u'm•E a)v W .`.n s E U.N '~ L•
c° rn= >, rn" c'o p O m E a>i O,E� 1:6 Lc; c-'> o E of �' N o
U O c_o c o 1a >. m w aoi < m .- 0 °.-01 c_ cc c2<U Q O"� c a« .N . v y
N •C E .0 0 m C o 0 >•:.❑ C a E a ... U N 0)D. 2O •N,E•>. .0 a) a) U
U) N y Cu! N d N y 'C.0 0) m r.) a) N y Q CO .m.. i L C IE 3 a) C 'NO '•' C C
U) O y ❑ : ❑ a) N ° C c M > - >• C «~ • p•0 �, a) ca III fO N E y m C E y mC tD p E Q °c�i N m ° o€S. C c o c N U ti .� m;wa LL2c oac) oo4 'ear°N. a m .. . Et 1:,), _
in T."" O.LL C ti. ° a) `•._-0C U U Q aQ 2 Ll N N u:,! U'a N `I a._ L aUi
P .E*-L fa N U m N o_ Y C +. m a) a C C L 0 to p C ]` r 6 N co E 0 a)
4tC <4 0 +-' U O~= U O•`=❑ 0 0 m f/) C U O c°,,°7 C y to F- ... a) N E °•c a) YO U a) C N
W W CV o m a1 rn �y E > V 2 m 'CO- _ . co J a'c -• rnw `0 E.°_ y m .a.,).-c ai ° o .—
_ a). W U O
C N Cit'.O Ed C a) C N 2 a) a) a7 Caa C C.N > y M N Y:• O .;,0.
G U °): m u� E o E co E Q m ca a) a) > c Cr -0 w U Q
Q m W vN E� on Qao:?W aci� i OQ a) Q� is cn E a0 w oC E ''' C') O oDD �v
5 o2 mo �e al E< QH . -min Ca ~`o ° jQ �'2 rny� o ° �c°o
G.� II�� �p E tD N N O] U�; aj p?fl)u- g m L , C l° N d'o p.a) C 0 In
O. a) yTr t • aj�❑ >.0 E a1 -O ... ❑ C _ a) Op
U. LLI N a v— E O 'D Q m;0 y s.` a) 0 to c G o 2 m C d > a) oa LL `= C M
o LJ.. Z y o c Q M O c Q c,m C c a, as c.c w > >U ►_- E >-
® F'• U O,,. ,. U o .. ai I- y U c a) 0 , rn d m °, .c r:, ,- 16 m cc,_ -o m. .a O L 70 U
W L `o m� -�a�iO� U E Q 0❑ a) V a) vQ aci m o �m m 4€-2 d y
0 > .2. O m Um co m >a• v 2 a c 0) a0i E� maw m;LIet c) > rn
V _V � � C I- cE I- co i. Uacio IL-smaa)) 0 E9 mQ- � mE � ma) "ti
m•O U m '~" U w a) vi cD a) C m 0•y O m E Q .17. C .2 .N C-0 a - a m .L. w a,
O .=LL 0•C 2 Q 0 4) I .0 V❑ .0 c 07 Cl) d< C m C a) o a)s
N N (A fYq d F-.` d F-L N a) 4) C m 2 a) a Q L' L " a O
V 0 2 t ,H r > ,F (3).O 2 N Q LE.-, L• C E .H X a)LL .-. 2 r L L
z -0 co ❑ F- a ❑❑ m O m• O= O ❑w 0 ilI C O W c r= N o C a) a
O v L C v O a N❑ a) N U .J� o C O.. O' 0 L, a) N co O m C U a) U t o m U -o .- ° •co°
0,s C a) N a7 O N .- C C " a) ..215.-1- --,,' C O U N.- C m N U a) N
cm .2-0 ° oo c-° a)Q `-- E:0 EwmW c v « o -• oC
. •L «. c Z' m a) L a) E o > .. o
ail m 0w a) ee, � aoai w-2 s E 2 � v `N°'v� 2vm.E .�cci a) coo E c c)N g cc> m o n. �p o > 0 Q E 2 % ...4. m
U > N _ O 0 a) _ OL 2 Q U in c >.•0)2'. 0 ct).� a) a) N_.- .0 `) C m C 0
2 LL
.fla 82 ''',1,.2 m c C-c,0 ig aa))•E'- a))p = �c c c nw a-0 2 V u)m W 2 > .- ac"'� 6
• la a) Ll Q a7 2 L .•.. C U L a)s a) L -t. c a) y U C a) co Co
�C 0.2 N ,..+1,,,, w 0 c) a) O co.E p C it 2 Q z m C. FL-C aa)) aa))U�v C)) ai 0) E c
•$U —° CC'C N O C d C >0)0) > C O a) N'O f- 0)0 a) •�- O u) a .a-)'> O_ `
_ a) a),_ d E.- c '~ C o O u , a 0 c o -..: -- m w °.
O 0 >(/) E•O >(n E:0 0 C(/) Q'� °) N•� E❑Q O:D N , t) N N a O a) a .2.` N a) a) c°
g '� ❑ ❑ p v c 1:'•> ❑ a c 5, a) c L m a c m o LL U a) m m a m .a
vo O = -o a.) Loa) g C. a):-'2
E "Cr) a>i -0 m•5 E C CC VI 5 D L C •._, C❑.c v g c m= 0 a) o« 0. I,- O_ m t 0 C E r
> C 2 0•N C 2 0• L CO Cl) a) _: 0) a) .a_ L.0 U E.0 y a) a) .N-, O LL N C y ) t°0.O O g .-. 0 J t*)2 a_ J C)2 ai a)2't a) c 2 J m O a 2 d -.C c° CC '> > C C tr.;`= y �o a
�aa✓d C U al N N al E L 041.'O .0 O .,-3 LL t °) -C m - .0 d O C_.` `>'-0 p L t O L
L .c o L 2 t H to O F- !, E F- a) N.y > ~ a) O• U cc u- a)❑ c ° o °I-7 a., C O
NN C p m 2 F- C ~20 •07 2 U 0)CO 7 (�E C.O m C w C O N �'(0 C t0 C� 0 •I° C
= Q` a) C N [A C N >. C N is C 7 E C E 2 l° ` a)N 'O C m .-, 8 m•.. N C') •d E U
> C Cl) p d D 0)x 0 c"° y a) C °: > C O O N °) ay
E .�_ C to.S 'O C fn f C a) c° C O W C o 3 O C o 0)O" C N-iD f, 0•-
co c cc c ca c 2 c E a)2 Si d 2 a)U o O N ❑ L O I'U O O E a) p c0 U
>- a) . y❑ E - a) m . a E N a o E E a L 2 c .n E o a)
_ m2 LL E E a)F- a d3 d CL c 15 N a
W E E ° E E Q a) Q. a) a) Q-Y Q o Q oY- C •• m Nvv)
a ., QNQ,> QtnQ a) 07 CC rt Q❑2 y2 o m °,.>-+ a,F •i, tL.s_d a)w ° L __ >•
U ��m y c�m c c°`LL co'o'0 cU CD = c3z d 2g< w dU 0-o'- N . m a)
i V) O • CO N: a7 N N N a7 C ^ t6 cri E O Hi flh li EcCaym EW t0 O O L c0 . Q O O. coact) d•y C)
h0 O L.N r Qp O�` N w O O,N'> O U ltj N > > a-0 N d a)- en y .- F-o 4-.•0 ' C t° a) ` ` O 17
Z °Q0CIQ °QoDa °QCio`_ °QQQcp') °QDOOOCU °Q°C'oQ ,<0002 ?�o m ti t°)r 0 F°- °= Q
E
,
•