Ordinance 2001-3293 ORDINANCE NO. 2001-3293
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY
CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" BY AMENDING SECTION 142-1161
THEREOF ENTITLED "HEIGHT REGULATION
EXCEPTIONS" BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN
THE COLLINS WATERFRONT HISTORIC DISTRICT;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board and Planning Board of the City of Miami
Beach, Florida have recommended, and the City Commission is currently considering the
designation of the Collins Waterfront Historic District in that general area of the Collins Avenue
Corridor between 22nd Street and 44th Street; and,
WHEREAS,the City Commission deems that it is in the best interest of historic preservation
within the City to amend the Land Development Regulations of the City Code to address concerns
related to future rooftop additions in the proposed Collins Waterfront Historic District;
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 142-1161 OF THE CITY CODE.
That Chapter 142, Section 142-1161 entitled"Height Regulation Exceptions" of the Code
of the City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-1161. Height regulation exceptions.
*
(d) Rooftop additions.
(1) Restrictions. There shall be no rooftop additions to existing structures in the following areas:
oceanfront lots within the Miami Beach Architectural District in the RM-3 or CD-3 zoning districts;
non-oceanfront lots fronting Ocean Drive in the MXE zoning district. No variance from this
provision shall be granted.
(2) Additional regulations. Existing structures within an historic district shall only be permitted
to have habitable one-story rooftop additions (whether attached or detached),with a maximum floor
to ceiling height of 12 feet. No variance from this provision shall be granted. The additions shall not
be visible when viewed at eye level (5'--6" from grade) from the opposite side of the adjacent right-
of-way; for corner properties, said additions shall also not be visible when viewed at eye level from
the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side
street right-of-way. Notwithstanding the foregoing, the line-of-sight requirement may be modified
as deemed appropriate by the joint &sign review/historic preservation board based upon the
following criteria: (I)the addition enhances the architectural contextual balance of the surrounding
area; (ii) the addition is appropriate to the scale and architecture of the existing building; (iii) the
addition maintains the architectural character of the existing building in an appropriate manner; and
(iv)the addition minimizes the impact of existing mechanical equipment or other rooftop elements.
The placement and manner of attachment of additions(including those which are adjacent to existing
structures) are subject to joint dcsigirreview/historic preservation board approval.
(3) Collins Waterfront Historic District.
Notwithstanding the foregoing provisions of Section 142-1161(d)(2), certain types of
existing structures located within the Collins Waterfront Historic District may be permitted
to have habitable rooftop additions(whether attached or detached) according to the following
requirements:
(a) Height of rooftop additions permitted for structures of five (5) stories or less:
(1)Existing buildings of five(5)or less stories may not have more than a one
story rooftop addition, in accordance with the provisions of Section
142-1161(d)(2).
(b)Height of rooftop additions permitted for hotel structures of greater than five(5) stories:
(1)For those structures determined to be eligible by the Historic Preservation
Board for rooftop additions of greater than one (1) story in height according
to the provisions of subsection(c)below. one (1) story is allowed per every
three(3)stories of the existing building on which the addition is to be placed,
to a maximum of four (4) additional roof-top addition stories, with a
maximum floor to floor height of 12 feet. and a maximum floor to roof deck
height of 12 feet at the highest new story. The additional stories shall only be
•laced on the underl in• structure creatin• the eli•ibilit for an addition.
(2)Rooftop additions permitted under this subsection,which are greater than
one (1) story, shall be for the sole purpose of hotel development. A
restrictive covenant in a form acceptable to the City Attorney committing the
property to such hotel use, subject to release by the Historic Preservation
Board when such Board determines that the restriction is no longer necessary.
shall be recorded prior to the issuance of any building permit for a roof-top
addition greater than one (1) story.
2
(c)Design and Appropriateness Guidelines-In determining if existing structures are eligible
for rooftop additions, the Historic Preservation Board, in addition to any and all other
applicable criteria and guidelines contained in these Land Development Regulations, shall
consider whether:
(1) The design of an existing structure (or part thereof) to which a new rooftop
addition is to be attached is of such nature or style that it does not contain any
significant original architectural crown element(s) or other designed composition of
significant architectural features, nor does the overall profile of the structure
including its rooftop design features have a distinctive quality that contributes to the
special character of the historic district, as determined by the Historic Preservation
Board. Significant rooftop or upper facade elements or features may include but shall
not be limited to towers, domes, crowns, ziggurats, masts, crests, cornices, friezes,
finials, clocks, lanterns, original signage and other original architectural features as
may be discovered.
(2)The proposed rooftop addition shall be designed, placed and attached to an
existing structure in a manner that:
(i) does not obscure, detract from, or otherwise adversely impact upon other
significant architectural features of the existing structure, inclusive of significant
features that are to be, or should be. restored or reconstructed in the future;
(ii) maintains the architectural contextual balance of the surrounding area and does
not adversely impact upon or detract from the surrounding historic district;
(iii) is appropriate to the scale and architecture of the existing building.,
(iv) maintains the architectural character of the existing building in an appropriate
manner:
(v) does not require major demolition and alterations to existing structural systems
in such manner as would compromise the architectural character and integrity of the
existing structure: and
(vi) minimizes the impact of existing mechanical equipment or other rooftop
elements.
(d)The placement and manner of attachment of additions(including those which are adjacent
to existing structures) are subject to the Historic Preservation Board granting a Certificate
of Appropriateness for any demolition that may be required as well as for the new
construction.
(e)The entire structure shall be substantially rehabilitated, in accordance with the Secretary
of the Interior Standards
(f)Notwithstanding the foregoing. the overall height of any structure located in the Collins
Waterfront Historic District may not exceed the height limitations of the underlying zoning
3
district. No additional stories may be added under this section through height variances from
the underlying zoning district regulations.
(g) No variance from this provision shall be granted.
SECTION 2. REPEALER.All ordinances or parts of ordinances in conflict herewith be and the
• same are hereby repealed.
SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
SECTION 4. 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 a 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the 10th day of
February 2001.
PASSED and ADOPTED this 31st day of January , 2001.
MAYOR
ATTEST:
rtgctk
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
ty Attorney Date
F:\PLAN\$ALL\DRAFT_OR\COL WT-RF.WPD
January 9,2001
4
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, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday, January 31, 2001, at the times
listed below, to consider the adoption of the following ordinances:
at 11:00 a.m. :
AN ORDINANCE AMENDING THE CITY MANAGER'S AUTHORITY TO AWARD CONTRACTS FROM $10,000 TO $25, 000,
AND THE PROCUREMENT DIRECTOR'S AUTHORITY FROM $5,000 TO $10, 000, BY AMENDING CHAPTER 2 OF THE,
CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION", BY AMENDING ARTICLE VI THEREOF
ENTITLED "PROCUREMENT", BY AMENDING DIVISION 3 ENTITLED "CONTRACT PROCEDURES", AND DIVISION
4 ENTITLED "PURCHASES", BY AMENDING SECTIONS 2-366, 2-367, 2-369, 2-370, 2-395 AND 2-396.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
at 11:15 a.m. :
AN ORDINANCE AMENDING CHAPTER 106 OF THE MIAMI BEACH CITY CODE ENTITLED "TRAFFIC AND VEHICLES"
BY AMENDING ARTICLE II THEREOF ENTITLED "METERED PARKING" BY AMENDING DIVISION I ENTITLED
"GENERALLY", BY AMENDING SECTION 106-55 TO PROVIDE FOR PARKING RATE "EXCEPTIONS" FOR SPECIAL
EVENT PARKING, PROVIDING FOR REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Parking Department at (305) 673-7505.
at 5:01 p.m. :
AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" BY AMENDING SECTION 142-1161 THEREOF ENTITLED "HEIGHT REGULATION EXCEPTIONS" BY
MODIFYING THE PROHIBITION OF ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE COLLINS
WATERFRONT HISTORIC DISTRICT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
Inquiries may be directed to the Planning Department at (305) 673-7550.
ALL 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,
1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
this ordinance are available for public inspection during normal business hours in the 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
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 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.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodation to participate in this proceeding should contact the City Clerk's office no
later than four days prior to the proceeding, telephone (305) 673-7411 for assistance; if
hearing impaired, telephone the Florida Relay Service numbers, (800) 955-8771 (TDD) or (800)
955-8770 (VOICE) , for assistance.
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM NO. DO�oI
TO: Mayor Neisen Kasdin and DATE: January 31, 2001
Members of the City Commission
FROM: Jorge M. Gonzalez 0,6"-
City Manager SECOND READING PUBLIC HEARING
SUBJECT: Ordinance-Rooftop Additions in Proposed Collins Waterfront Historic District
An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida Amending Chapter 142 of the Miami Beach City Code Entitled "Zoning
Districts and Regulations" by Amending Section 142-1161 Thereof Entitled
"Height Regulation Exceptions" by Modifying the Prohibition of Rooftop
Additions of More than One Story in the Collins Waterfront Historic District;
Providing for Codification, Repealer, Severability, and an Effective Date.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed amending Ordinance.
ANALYSIS
This proposed amendment to the Land Development Regulations of the City Code modifying the
restrictions on rooftop additions in the Collins Waterfront Historic District was initiated by the
Planning Board on September 26,2000,during the Board's public hearing on the designation of the
historic district.
At its August 22, 2000, the Planning Board reviewed a proposal for the designation of the Collins
Waterfront Historic District, which would create a historic district in the Collins Avenue corridor,
roughly from 22nd Street to 44th Street. During the discussion on the issue, the Planning Board
expressed its concern that maximum flexibility be retained in the development regulations for the
proposed district, in order to permit the type of quality redevelopment necessary to stimulate the
economic growth of the area.
One area identified for possible action was the existing regulations regarding rooftop additions in
historic districts. The existing regulations would only permit a one story addition to existing
buildings within all historic districts. The Board identified this as a hindrance to certain types of
redevelopment in the proposed district, and noted that historic districts within the City could vary
as to the essential character and building typology present, therefore necessitating flexibility in the
AGENDA ITEM I\
DATE /-3/-0/
Commission Memorandum
January 31, 2001
Ordinance -Rooftop Additions in Proposed Collins Waterfront Historic District
Page 2
development regulations for different districts.
At its meeting of September 26, 2000, the Planning Board recommended the approval of the
designation of the proposed Collins Waterfront Historic District,with the condition that a companion
ordinance be prepared and presented to the Commission along with the designation, which would
address the development regulations for rooftop additions within the proposed district. The
proposed ordinance has been prepared by Planning Department staff; at its October, 10, 2000
meeting, the Historic Preservation Board reviewed the amendment, made several suggestions for
improvement and technical corrections, and voted 6-1 to recommend the proposed amendment. The •
Board's suggestions have been incorporated into the attached ordinance. On October 24, 2000, the
Planning Board unanimously recommended approval of the finalized ordinance,and reiterated their
recommendation to the Commission that approval of the designation of the Collins Waterfront
Historic District be conditioned upon the concurrent adoption of this companion ordinance.
On November 8, 2000 the amending Ordinance came before the City Commission on first reading
and received four(4) affirmative votes; however, in order to be approved five (5) affirmative votes
are required. Consequently, the Ordinance was not approved. On November 29, 2000 the City
Commission directed to the Administration to further study the proposed amending ordinance and
the matter was referred to the Land Use Committee. On December 11, 2000 a revised Ordinance
was presented to the Land Use Committee, where it received an endorsement, subject to additional
modifications. The following portions of the amending Ordinance were modified pursuant to the
comments of the Land Use Committee:
• Additional, enhanced and stronger criteria has been added for the Historic Preservation
Board to consider when evaluating a roof-top addition.
• Roof-Top additions which are greater than one-story in height shall be limited to hotel
development and shall require a substantial rehabilitation of the structure pursuant to the
Secretary of the Interior Standards.
• Language has been added which clarifies that under no circumstance may the height of any
structure located in the Collins Waterfront Historic District exceed the height limitations of
the underlying zoning district.
On January 9,2001 the Historic Preservation Board reviewed the proposed Ordinance and suggested
the following modifications:
• The portions of the Ordinance pertaining to the requirements for approval from the Historic
Preservation Board, the substantial rehabilitation of the underlying structure and the
prohibition of variances, were re-ordered so as to be clearly applicable to all roof-top
Commission Memorandum
January 31, 2001
Ordinance -Rooftop Additions in Proposed Collins Waterfront Historic District
Page 3
additions.
• Language was added which clearly delineates that the formula for roof-top additions greater
than one(1) story is based upon the height of the structure which would be added to, and not
necessarily the tallest structure on the site.
• Language was added which specifies that no additional stories may be added through height
variances from the underlying zoning district regulations.
On January 10, 2001, the City Commission adopted the proposed Ordinance, incorporating the
suggestions of the Historic Preservation Board, and set a second reading public hearing for January
31, 2001.
Currently, the Land Development Regulations of the City Code restrict rooftop additions in all the
City's historic districts to one story only. The proposed amendment would permit rooftop additions
in the Collins Waterfront Historic District of up to four stories, based upon the following formula.
Only buildings of greater than five(5) stories would be eligible for the increased number of rooftop
addition stories. Existing buildings would be permitted one rooftop addition story for every three
stories an existing building contains. Therefore, a building of six stories could obtain an additional
two stories; a 12 story building could avail themselves of an additional four stories. However, a
building that was 5 stories or less could only get the one story rooftop addition, as currently allowed
by the Code. In this way, the existing historic character of the district will be maintained, but the
additional flexibility needed to approve larger,scale redevelopments will be provided.
The Miami Design Preservation League(MDPL)has expressed some reservations with regard to the
proposed amending Ordinance and continues to recommend that the proposal to allow roof-top
additions greater than one(1)story be scaled back. The Planning Department performed an analysis
of the properties which would be impacted by the proposed amendment to the roof-top section of
the code.
The properties within the proposed Historic District located to the west of Collins Avenue which
meet the criteria for a roof-top addition greater than one(1) story have a Future Land Use designation
of RM-1 and RM-2. The RM-1 district regulations limit the height of buildings to 5 stories/50 feet.
As such, the proposed amendments to the roof-top section of the code will not allow roof-top
additions greater than one (1) story on those properties located in the RM-1 district to the west of
Collins Avenue, if an addition is allowed at all,because the buildings cannot exceed five(5) stories
in height.
The RM-2 district regulations limit the height of buildings to 8 stories/75 feet. In order to qualify
for a roof-top addition greater than one (1) story, an existing building would have to be exactly six
Commission Memorandum
January 31, 2001
Ordinance-Rooftop Additions in Proposed Collins Waterfront Historic District •
Page 4
(6) stories in height, otherwise it would not be eligible. Only one (1) structure in the RM-2 district
is exactly six(6) stories in height, and it is a condominium, so it would not be eligible for a roof-top
addition greater than one (1) story. Accordingly,the proposed amendments to the roof-top section
of the code will not allow roof-top additions greater than one (1) story on those properties to the west
of Collins Avenue, if an addition is allowed at all.
Essentially, the proposed amendments to the roof-top section of the code will only apply to those
properties east of Collins Avenue,which are in the RM-3 zoning district. The RM-3 section of the
code provides for a height limitation of 22 stories/200 feet for oceanfront property. However, the •
maximum allowable FAR for oceanfront property in the RM-3 district is 2.25 for lots under 45,000
square feet and 3.0 for those lots greater than 45,000 square feet. Thus, even if a particular
contributing structure is under the maximum allowable height for the RM-3 district, it must also be
under the maximum allowable FAR.
Within the proposed Collins Waterfront Historic District, there are 28 properties within the RM-3
zoning district which are greater than 5 stories in height. However, only 19 of those properties have
contributing structures, and out of those 19 properties, seven (7) exceed the maximum allowable
FAR for the site, and one(1) is a condominium. Consequently,the lone contributing condominium
would not be permitted to construct a roof-top addition greater than one-story, and the seven (7)
hotel properties in the proposed Historic District with contributing buildings, which meet the
proposed criteria for roof-top additions greater than one-story, are not eligible for any addition.
In terms of the overall percentage of structures in the district,the impact of the proposed amendment
is fairly modest. Only 28 properties out of a total of 143 in the proposed Historic District meet the
criteria for a roof-top addition greater than one (1) story, which is 20% of the entire district. Only
19 of the those 28 properties have contributing structures, or 13% of the entire district. Only 11 of
the 19 properties which have contributing structures are eligible for a roof-top addition greater than
one (1) story, or 8% of the entire district.
Of those 11 contributing structures which are eligible for a roof-top addition greater than one (1)
story,they must still meet the enhanced Design and Appropriateness Guidelines set forth in the code,
subject to the review and approval of the Historic Preservation Board. Additionally, a number of
those 11 contributing structures have already been fully rehabilitated, or are in the process of such
rehabilitation, without a roof-top addition. Finally, because the 11 structures are at least 40 years
old, it is questionable as to whether they have the structural capacity to accommodate an addition
which is greater than one-story, assuming they can accommodate an addition at all.
In reviewing a request for an amendment to the land development regulations, the Planning Board
considered the following when applicable:
Commission Memorandum
January 31, 2001
Ordinance-Rooftop Additions in Proposed Collins Waterfront Historic District
Page 5
1. Whether the proposed change is consistent and compatible with the comprehensive plan and
any applicable neighborhood or redevelopment plans.
Consistent - The proposed amendment is consistent with the comprehensive plan, and
would be consistent with the designation of the area as the Collins Historic
District.
2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby
districts.
Consistent - Not applicable •
3. Whether the change suggested is out of scale with the needs of the neighborhood or the city.
Consistent - The proposed ordinance seeks to allow development that is more in keeping
with the existing neighborhood character of the proposed Collins Waterfront
Historic District. It should be noted that any new development under the
provisions of this ordinance is subject to historic preservation board approval,
and such additions may not be permitted if they would negatively impact
existing architectural features of special significance.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent- The proposed change could slightly increase the allowable development in
the area of the proposgd historic district; however, the amount of new
development that would be permitted under the provisions of the proposed
ordinance is nominal relative to the size and area of the proposed new district.
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
Partially Consistent- Not applicable
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Consistent - Currently, rooftop additions in the area of the proposed historic district are
regulated solely by the applicable development regulations for the applicable
zoning district. If the proposed historic designation is adopted, additional
regulations applicable only to historic districts will apply. The proposed
change designating this area as historic district makes passage of this
ordinance important in order to provide the necessary flexibility to the
Historic Preservation Board to review proposed new developments.
Commission Memorandum
January 31, 2001
Ordinance-Rooftop Additions in Proposed Collins Waterfront Historic District
Page 6
7. Whether the proposed change will adversely influence living conditions in the neighborhood.
Consistent - The proposed amendment should not adversely influence living conditions
in the neighborhood.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the levels of service as set forth in the comprehensive plan or otherwise affect public safety.
Consistent - The proposed change could have a very minor impact upon traffic circulation
which may effect levels of service (LOS); however, as stated above, any
development project proposed for construction which involves a rooftop
addition as envisioned under this provision will be required to mitigate these
impacts within the context of the City's Concurrency Management System.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Partially Consistent - The proposed change may slightly reduce access to light and air if
development projects are undertaken utilizing this provision.
However, as noted above, the ordinance requires careful Historic
Preservation Board review of any proposed rooftop additions under
this provision, which should protect against excessive reduction of
light and air corridors.
10. Whether the proposed change will adversely affect property values in the adjacent area.
Consistent - Staff is of the opinion that property values in the subject area would actually
be favorably affected by the proposed amendment because it provides the
ability to add a reasonakle amount of additional space to certain existing
historic buildings.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Consistent - The proposed amendment will provide additional flexibility and help to
facilitate development throughout the newly designated Collins Historic
District
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
Not Applicable
13. Whether it is impossible to find other adequate sites in the city for the proposed use in a
district already permitting such use.
Not Applicable
Commission Memorandum
January 31, 2001
Ordinance -Rooftop Additions in Proposed Collins Waterfront Historic District
Page 7
Based on the analysis above, the Administration recommends that the Commission adopt the
proposed amending Ordinance.
JMG\JGG\T
T:\AGENDA\2001\JAN3101\REGULAR\ROOFTOP.WPD
City of Miami Beach-City Clerk's Office
January 31, 2001 \REGULAR AGENDA\R5 - Ordinances
6:22pm/1648t3
R5G Commission Memorandum No. 56-01 (Page 235)
Rooftop Additions in Proposed Collins Waterfront Historic District
An Ordinance Amending Chapter 142 of the Miami Beach City Code Entitled "Zoning Districts
and Regulations" by Amending Section 142-1161 Thereof Entitled "Height Regulation
Exceptions" by Modifying the Prohibition of Rooftop Additions of More than One Story in the
Collins Waterfront Historic District; Providing for Codification, Repealer, Severability, and an
Effective Date. 5:01 p.m. Second Reading,Public Hearing (Planning Department)
(First Reading January 10, 2001)
ACTION: Public Hearing held. Ordinance Number 2001-3293 adopted. Motion made by
Commissioner Liebman; seconded by Commissioner Bower; Ballot vote: 7-0. R. Parcher to •
forward to Municipal Code. Jorge Gomez to handle.
a?oo l-
Date Printed: 2/13/01 Time Printed: 9:50:50 AM
Source Database F:\CLER\COMMON\FOLIO\CLERK109.NFO
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA
AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY
CODE ENTITLED "ZONING DISTRICTS AND
REGULATIONS" BY AMENDING SECTION 142-1161
THEREOF ENTITLED "HEIGHT REGULATION
EXCEPTIONS" BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN
THE COLLINS WATERFRONT HISTORIC DISTRICT;
PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the Historic Preservation Board and Planning Board of the City of Miami
Beach, Florida have recommended, and the City Commission is currently considering the
designation of the Collins Waterfront Historic District in that general area of the Collins Avenue
Corridor between 22nd Street and 44th Street; and,
WHEREAS,the City Commission deems that it is in the best interest of historic preservation
within the City to amend the Land Development Regulations of the City Code to address concerns
related to future rooftop additions in the proposed Collins Waterfront Historic District;
NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF SECTION 142-1161 OF THE CITY CODE.
That Chapter 142, Section 142-1161 entitled"Height Regulation Exceptions" of the Code
of the City of Miami Beach, Florida is hereby amended to read as follows:
Sec. 142-1161. Height regulation exceptions.
(d) Rooftop additions.
(1) Restrictions. There shall be no rooftop additions to existing structures in the following areas:
oceanfront lots within the Miami Beach Architectural District in the RM-3 or CD-3 zoning districts;
non-oceanfront lots fronting Ocean Drive in the MXE zoning district. No variance from this
provision shall be granted.
(2) Additional regulations. Existing structures within an historic district shall only be permitted
to have habitable one-story rooftop additions (whether attached or detached), with a maximum floor
to ceiling height of 12 feet.No variance from this provision shall be granted. The additions shall not
be visible when viewed at eye level (5'--6" from grade) from the opposite side of the adjacent right-
of-way; for corner properties, said additions shall also not be visible when viewed at eye level from
the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side
street right-of-way. Notwithstanding the foregoing, the line-of-sight requirement may be modified
as deemed appropriate by the joint design review/historic preservation board based upon the
following criteria: (i)the addition enhances the architectural contextual balance of the surrounding
area; (ii) the addition is appropriate to the scale and architecture of the existing building; (iii) the
addition maintains the architectural character of the existing building in an appropriate manner; and
(iv)the addition minimizes the impact of existing mechanical equipment or other rooftop elements.
The placement and manner of attachment of additions(including those which are adjacent to existing
structures) are subject to joint design review/historic preservation board approval.
(3) Collins Waterfront Historic District.
Notwithstanding the foregoing provisions of Section 142-1161(d)(2), certain types of
existing structures located within the Collins Waterfront Historic District may be permitted
to have habitable rooftop additions(whether attached or detached)according to the following
requirements:
(a)Design and Appropriateness Guidelines-In determining if existing structures are eligible
for rooftop additions, the Historic Preservation Board, in addition to any and all other
applicable criteria and guidelines contained in these Land Development Regulations. shall
consider whether:
(1) The design of an existing structure (or part thereof) to which a new rooftop
addition is to be attached is of such nature or style that it does not contain any
significant original architectural crown element(s)or other designed composition of
significant architectural features. nor does the overall profile of the structure
including its rooftop design features have a distinctive quality that contributes to the
special character of the historic district, as determined by the Historic Preservation
Board. Significant rooftop or upper facade elements or features may include but shall
not be limited to towers, domes. crowns, ziggurats, masts, crests, cornices. friezes,
finials, clocks, lanterns, original signage and other original architectural features as
may be discovered.
(2)The proposed rooftop addition shall be designed, placed and attached to an
existing structure in a manner that:
(i) does not obscure, detract from, or otherwise adversely impact upon other
significant architectural features of the existing structure, inclusive of significant
features that are to be. or should be, restored or reconstructed in the future;
(ii) maintains the architectural contextual balance of the surrounding area and does
not adversely impact upon or detract from the surrounding historic district;
(iii) is appropriate to the scale and architecture of the existing building;
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(iv) maintains the architectural character of the existing building in an appropriate
manner:
(v) does not require major demolition and alterations to existing structural systems
in such manner as would compromise the architectural character and integrity of the
existing structure: and
(vi) minimizes the impact of existing mechanical equipment or other rooftop
elements.
(b)Height of rooftop additions permitted for hotel structures of greater than five (5) stories:
(1)For those structures determined to be eligible by the Historic Preservation Board
for rooftop additions of greater than one (1) story in height according to the
provisions of subsection(a)above,one(1)story is allowed per every three(3)stories
of the existing building, to a maximum of four (4) additional roof-top addition
stories, at the location where the rooftop structure will be added, with a maximum
floor to floor height of 12 feet, and a maximum floor to roof deck height of 12 feet
at the highest new story.
(2)The placement and manner of attachment of additions (including those which are
adjacent to existing structures)are subject to the Historic Preservation Board granting
a Certificate of Appropriateness for any demolition that may be required as well as
for the new construction.
(3) The entire structure shall be substantially rehabilitated, in accordance with the
Secretary of the Interior Standards
(4) Rooftop additions permitted under this subsection shall be for the sole purpose
of hotel development. A restrictive covenant in a form acceptable to the City
Attorney committing the property to such hotel use, subject to release by the Historic
Preservation Board when such Board determines that the restriction is no longer
necessary, shall be recorded prior to the issuance of any building permit for a roof-top
addition greater than one (1) story.
(5)No variance from this provision shall be granted.
(c) Height of rooftop additions permitted for structures of five (5) stories or less:
(1) Existing buildings of five (5) or less stories may not have more than a one story
rooftop addition, in accordance with the provisions of Section 142-1161(d)(2).
(d)Notwithstanding the foregoing,the overall height of any structure located in the Collins
Waterfront Historic District may not exceed the height limitations of the underlying zoning
district.
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SECTION 2. REPEALER.All ordinances or parts of ordinances in conflict herewith be and the
same are hereby repealed.
•
SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance
is held invalid, the remainder shall not be affected by such invalidity.
•
SECTION 4. 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 a 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 5. EFFECTIVE DATE. This Ordinance shall take effect on the day of
, 2001.
PASSED and ADOPTED this day of , 2001.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney Date
F:\PLAN\$ALL\DRAFT_OR\COL WT-RF.WPD
January 2,2001
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