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Ordinance 2001-3297 ORDINANCE NO. 2001-3297 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 ENTITLED "ZONING DISTRICTS AND REGULATIONS," DIVISION 2 ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS" BY CREATING DEVELOPMENT REGULATIONS WITHIN THE RS-3 AND RS-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS FOR THE ALTOS DEL MAR HISTORIC DISTRICT, BOUNDED BY 79TH STREET ON THE NORTH, COLLINS AVENUE ON THE WEST, 77TH STREET ON THE SOUTH, AND THE ATLANTIC OCEAN ON THE EAST, BY SPECIFYING LOT AREA, SETBACK, BUILDING HEIGHT,MAXIMUM BUILDING SIZE AND VARIOUS OTHER ANCILLARY DEVELOPMENT REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH,FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Altos Del Mar is a Locally Designated Historic Preservation District, recommended by the City of Miami Beach Historic Preservation Board on April 9, 1987, and adopted by the City Commission on May 6, 1987; and WHEREAS,Altos Del Mar is the only remaining oceanfront single family residential district in the City of Miami Beach; and WHEREAS, Altos Del Mar is a compact, four-block enclave with 50-feet-wide lots and thirteen existing historic homes that have a general consistency of scale and character; and WHEREAS, the existing RS-3 and RS-4 development regulations are not sufficient to ensure appropriate and compatible new construction on vacant lots and additions to existing homes within the Altos Del Mar Historic District; and WHEREAS, all future development and redevelopment of oceanfront lots within Altos Del Mar will be subject to State of Florida regulations concerning construction seaward of the Coastal Construction Control Line (Section 161.053, Florida Statutes and Chapter 62B-33, Florida Administrative Code), thereby requiring habitable floor space to be constructed above a predicted 100-year storm wave crest level, estimated to be 16-18 feet above sea level in this location; and WHEREAS,it is the City's intent to promote preservation of the historic scale and character of Altos Del Mar by adopting special development regulations and design guidelines to ensure compatible development and redevelopment within the district; NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-107 entitled "Development Regulations for the Altos Del Mar Historic District" of Chapter 142 entitled "Zoning districts and regulations" of the Code of the City of Miami Beach, Florida is hereby created to read as follows: Section 142-107 Development Regulations for the Altos Del Mar Historic District Notwithstanding the development regulations contained in Sections 142-101 through 142-106 above, the following development regulations shall apply to those portions of the RS-3 and RS-4 zoning districts located within the Altos Del Mar Historic District: (a) Minimum Lot Width 50 feet (b) Maximum Lot Width 100 feet (2 adjoining lots) (No variance from this provision shall be granted.) (c) Maximum Unit Size RS-3 4,700 square feet for Habitable Major Structures. 1700 square feet for the Understructure and Non-habitable Major Structures. RS-4 2,500 square feet (d) Maximum Unit Size for two adjoining 50 foot lots. RS-3 7000 square feet for Habitable Major Structures. 3400 square feet for the Understructure and Non-habitable Major Structures. RS-4 3,750 square feet (e) Maximum Building Height RS-3 37 feet above grade provided that: 1. Only 1/3 of the floor area of Habitable Major Structures may be located above 25 feet in height. 2. For every one square foot of floor area above 25 feet in height, there shall be one square foot of courtyard or garden space, open to the sky, at ground level within the buildable area of the lot. 2 3. The Understructure of Habitable Major Structures shall be designed to be contiguous with perimeter walls above and shall enhance the experience of courtyard and exterior spaces directly adjacent. The height regulation exceptions contained in Section 142-1162 shall not apply, except chimneys and air vents are permitted. RS-4 25 feet above grade. (f) Maximum number of stories RS-3 - 3 stories RS-4 - 2 stories (g) Setback- Atlantic Way RS-3 up to 25' in building height- 12 feet greater than 25' in height - 75 feet RS-4 5 feet (h) Setback- Ocean RS-3 up to 25' in building height - 130 feet from Miami Beach Bulkhead Line for principal and accessory buildings; greater than 25' in height - 140 feet from the Miami Beach Bulkhead Line; 80 feet from Miami Beach Bulkhead Line for pools, decks, and any other structures 30 inches or less above grade. Setback- Collins Ave RS-4 , 20 feet for principal and accessory buildings Setback- Side. interior 5 feet or 10%of lot width,whichever is greater. (k) Setback - Side, facing a street 5 feet Jl) Supplementary Yard Regulations Notwithstanding the regulations contained in Division 4. Supplementary Yard Regulations, Sections 142-1131 through 142-1135, the following supplementary yard regulations shall apply: (1) Accessory buildings are not permitted in required yards. (2) Fences, walls and gates shall not be permitted eastward of the Miami Beach Bulkhead Line and shall not exceed 42 inches in height within 130 feet west of the 3 r Miami Beach Bulkhead Line. (3) Hot tubs, showers, saunas, whirlpools, toilet facilities, swimming pool equipment, and decks shall not be permitted more than 30 inches above grade within required yard areas. An exception may be made for swimming pool equipment with approval by the Historic Preservation Board. (4) Satellite Dish Antennas shall not be permitted in required yard areas. (5) Swimming Pools may only occupy a required yard if open and unobstructed to the sky, and elevated no more than 30 inches above grade. Swimming pool decks shall be set back a minimum of 5 feet from side yards. 5 feet from side yards facing a street. 5 feet from Collins Avenue. and 80 feet from the Miami Beach Bulkhead Line on oceanfront lots. (m) The terms Habitable Major Structures. Non-habitable Major Structures and Understructure shall be as defined in Section 161.053, Florida Statutes and Chapter 62B-33, Florida Administrative Code. SECTION 2. REPEALER. • All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA 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" maybe changed to "section" or other appropriate word. 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(10) days following adoption. 4 PASSED and ADOPTED this 14th day of March , 2001. ATTEST: MAYOR • 6bti Pa4d,Li&_ CI CLERK APPROVED AS TO FORM &LANGUAGE &FOR EXECUTION 0/6,01A-- — I -0r City Attorney Date F:\PLAN\$ALL\DRAFT OR\ALTOS.ORD 5 • I 1 1 1 I I i 1 I I I 11 I 1 1 I 11 I COLLINS AVENUE 7.1 711 :. I El 11 E Dr 11 a I 0 -, ATLANTIC WAY (� I 0 I-L 1 (.„ -,___F- . i .. _, ...., m 1 m I mm m HrzL, `Z -4 ...„J �J �J V �J -.J �J (j A CO N N A 1 CO CO CO CO \ - �J a G71 -J at \ ./. ) \ \ \ \ \ \ \ \ \ \ \ \ • . 5 j 5. . / /, /1 / / 7 / / / ( ( ( ( ( ( ( ) / ) ( . • Proposed •• Del Mar Altos. _ ._. _ __ - ____ Zoning Amendments & Design • Guidelines City of Miami Beach Exhibit 1 O N •.t> O cl ' O c ._ U C cd .D _ate �_ y .� -5 Qp UQ :t .� 'a ^a) c0 ^ce) ^U) 0 Cii)E L. Z 55Z 0 U 1 C U U ,� C Q `s `i' � 0 s. s. .. 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N oo ¢, o 0 'E 0 -sae E o c �7 cri cn d ti a) O cd y . v v] cd t4 ., .n a) 3 c0 a) cp _ o o .a O 3 o o z > Zc4 � � a4m (-4 aCD0000 .� tr) k, z o., c4 c,i z ti zzc/BQ c•- CI a) 0 = tO ID b = •c ci O ct a. +� 3 .sz ^° .e ° ci o >�, C >, -etci ' .0 c a) 1:3 b0 v� o o o ° �, O 0CZO N 0 M •3 b b M 04 E ;1.11 zU �• 0 . ly (z •�r Ai .� • U .� c. C to 3 c -0 17.5 M ON ON N a, N v, 0 2 O x 0 c •0n = C .a. .1) a.) O 3 � � � r z CI y0 U 'C 'b C rn O p 0 C UO • ^C W .0vW a (,)i a >, a? 3 E a) 3 0° :v c0 cn o o c cat 2 cis v� cit v� v� Q Q Q r� Q 3 z v) c CITY OF MIAMI BEACH ALTOS DEL MAR DESIGN GUIDELINES Exhibit 2 Adopted by the Historic Preservation Board August 10, 2000 Prepared by: Planning Department Jorge G. Gomez, Director Preservation, Design and Neighborhood Planning Division William H. Cary, Director Thomas R. Mooney, AICP, Design And Preservation Manager Joyce A. Meyers, North Beach Planning Coordinator Reuben N. Caldwell, Planner TABLE OF CONTENTS INTRODUCTION AND GOALS 3 NEIGHBORHOOD DESIGN GUIDELINES 4 Perimeter Walls and Fences 4 Flowering Street Plants 4 Landscaping 5 Landscaping at Street Ends 5 BUILDING AND SITE DESIGN GUIDELINES 6 Relationship to Adjacent Buildings 6 Positive Outdoor Space 6 Courtyards and Half-Hidden Gardens 7 Main Entrances 8 Entrance Transition 9 Car Ports and Garages 9 Building Wings 10 Long Thin House 10 Private Cottage 11 Cascade of Roofs 1 1 Usable Roofs 12 Light on Two Sides of Every Room 1 2 Outdoor Terraces, Galleries and Balconies 1 3 Connection to the Site 13 2 INTRODUCTION The following Design Review guidelines represent the suggested approach to future development within the locally designated Altos Del Mar Historic District. The Guidelines are supplemental to regulations listed in the City's Zoning Ordinance, Design Review guidelines contained in neighborhood plans, and where appropriate, the U.S. Secretary of Interior's "Standards for Rehabilitation".The Guidelines are used by staff and the Historic Preservation Board as part of their review of applications for Design Review and Certificates of Appropriateness. The Historic Preservation Board periodically review and amend the Guidelines. Applicants submitting a project for review should check with the Board staff to determine if the Guidelines are current. GOALS ♦ Preservation and rehabilitation which contribute to the character of the historic districts. ♦ To advance the quality of design and construction within the Altos Del Mar single-family historic district. ♦ Maintain the historic street grid, and restore the historic names of the streets. ♦ Follow the historic building pattern for setbacks, yard areas and open space. ♦ Ensure a similarity of scale (height, size, and massing) between old and new building. ♦ Mitigate the incongruity that would be created between old and new buildings by the coastal flood protection regulations, with limitations on building height, setbacks and massing. ♦ Protect and enhance public pedestrian access to the beach. ♦ Maintain the appearance of the historic neighborhood from Collins Avenue. ♦ Preserve unobstructed views from beachfront homes toward the water. ♦ Preserve and enhance the informal character and lushness of the vegetation in public and private spaces. 3 NEIGHBORHOOD DESIGN GUIDELINES Perimeter Walls and Fences Metal picket fences should be kept low and should be setback from the property line to allow for a traditional landscape barrier; largely transparent. CBS/ Stucco walls shall not exceed three (3) feet in height and may incorporate metal picket fencing above. rnr r /mw 1 z ; c ' , le. a; Flowering Street Plants Whenever possible, the actual flowering plant corresponding to the original street name shall be planted along that street and used as a decorative landscape theme. '7'449,1W r It, - --: - ..c 4 Landscaping Those areas east of the rear terrace setback (eighty '80' feet west of the Miami Beach Bulkhead line) shall be landscaped with vegetation native to the South Florida coastal region. F Landscaping at Street Ends Ground covers, shrubs and vines should be kept low in order to maintain views through to the ocean. Shade should be provided by palms, seagrape or other non- invasive canopy trees. • i llr rr9 5 BUILDING AND SITE DESIGN GUIDELINES Relationship to Adjacent Buildings Houses should be designed in a manner which is sensitive to the massing and siting of adjacent structures. In particular, taller portions of new houses shall be kept to a minimum and should endeavor not to broadside the outdoor spaces of adjacent properties. .ter, • _ r 3 r Positive Outdoor Space Outdoor spaces should be designed to have a distinct and definite shape and should have a good degree of enclosure whether for aesthetic or security purposes. Whenever possible views through to other spaces should be encouraged. 77, ; * ! t' R • I 2'1 • r , Y l V 6 Courtyards and Half-Hidden Gardens Gardens and other small outdoor spaces should be designed to be semi-private; neither placed fully in front of the house, nor fully in the back. Gardens should occur in a halfway position, side-by-side with the house, in a location which is half hidden from the street, and half exposed. Similarly, courtyards should not be fully enclosed and should have at least one view out to some larger open space. Active courtyards are encouraged and should incorporate foot paths which connect rooms which open directly onto to the space. }; -� } z r t f' ,!' .. •�� �• , ' . +fir. •� �c - �ns % � e ., I fi. � it . 1 ,, 1 w 'i ii ":- , .,,, „se., , ___ 0, . , ", 4 , �,+ kr 1t .!� f ` . a , , + i tits .i ., _ , t ty R i M t 71"..— moi.* '"8".' 7 .,.. 7 r Main Entrance Collins Avenue buildings should have a clearly recognizable front entrance facing the avenue while oceanfront buildings should have this entrance facing Atlantic Way. Entrances should be immediately visible to pedestrians and vehicles even if vehicular entrances are located elsewhere. In this regard, each facade of the house should be given equal dignity to that of the front facade and the front entrance should further incorporate a bold, visible shape which stands out from the facade of the building and is distinguishable as the main entrance. 6 1 1;_*4 e'- '4: ' - :4', NN. - - 1 ,i. ' tr; ; * V,,:i:,"1.:, :1,' - i',',1 :: Ik*if i1 i,. i . ► 1' i , `"- _r 1 rr..0 ..7:''':111: .,..1 ,4:: , o f „,i.i ,, ' c' 4 + • 1 it.? �1 am_ �` ^A aL y.+ •4' ; 11, �� d4 . �tr 4.r . ` ^� , ���,,�ham,#:;' ,. f ,.�, ,r'. ;]zrrii+ _ +R ;t„... .t ., Ate' ' "f.y ♦ f'..'`f , ,�} i�`, ..: j ..... • rR I i 1,i' y 8l _.s ♦a .. 0074 . 4' 14 it8 r Entrance Transition A transition space between the street and the front door is encouraged to subtly demarcate the gradient from public to private. It is recommended that the path which connects the street and entrance be brought through this transition space (such as a half-hidden garden),and the space should be marked by a change of light, a change of direction, a change of surface, a change of level, and perhaps by gateways which make a change of enclosure, and above all with a change of view. 1. t1 ,''' err ' ��1ii fig' i55 a `fir - t!" r Pe N..i r Car Ports and Garages Place car ports and garages in such a relationship to the house that the shortest route from the parked car into the house is always through the main entrance. For non-oceanfront lots, locate the garage off Atlantic Way or a side street; and for oceanfront properties off Atlantic Way or a side street. Make the parking space for the car into an actual room which creates a positive and graceful place where the car stands. ' Rr ' 9 Building Wings Houses should be designed so that their massing breaks down into wings which correspond, approximately, to the most important natural social grouping within the house. Make each wing long and narrow never more than 30' feet in width. Long Thin House Design the wings of the house to be narrow such that rooms occur one after the other rather than clustered into a large volume. The result will produce a surprisingly narrow house which embraces the site. 4 4 L+ w —tee .3" y' . 4 ti s . .•, I ! ♦ i' Y i __ _:. „:* 3 ilik —__ - 1 r z - ♦ -.m++`�ra� d.':.4'.m. ...:.:.». .: ... ;.w'�^i:. ay:p�,'S A..Y,: i ' 10 Private Cottage A cottage or wing with some sort of autonomy from the main house should be provided. It is recommended the cottage or wing be connected but visibly distinct from the main house and far away from the master bedroom. It should perhaps have its own private entrance and roof. • r 4.4 9J�eL {r 1• iNJ 1 . I Po v Cascade of Roofs The building complex should be designed with a coherent system of roofs; the largest, widest roofs over those parts of the building which are most significant and the lesser roofs cascading off the large roofs in a manner congruent with the hierarchy of social spaces underneath them. 11 Usable Roofs Some portion of almost every roof system should be made usable fora terrace or garden. Place the roof garden or terrace at various stories, and always make it possible to walk directly out onto the roof garden or terrace from some lived-in part of the building. {` 4• ap nF 14411., Light on two Sides of Every Room It is recommended that each room be located so that it is adjacent to an outdoor space on at least two sides so natural light and air circulation is prevalent in every room from more than one direction. .,� .20 4111. • 72 + rff • 12 Outdoor Terraces, Galleries and Balconies Outdoor terraces, balconies and galleries should be designed as habitable, outdoor rooms with a depth of at least six feet. Whenever possible these and other small additions such as arcades, balconies, niches, outdoor seats, awnings, trellised rooms, and the like are recommended at the edges of the buildings in an effort to soften the building's presence in the neighborhood. e ! Y Connection to the site Merge the building to the land around it by including paths, terraces and steps around its edges. Place them deliberately to make the boundaries between house and yard somewhat ambiguous; so that it is impossible to say exactly where the building stops and earth begins. 1,1jt ':1/411K44.3::', M '4-, N ':'1, 1 .., .a- , ', a1� ' , , ., , ' t , ir • .. r ,L.4,' ��rT! ,,,f 14 it `:.,\• • 1 .� ,...4,1-,,*.;.1,,-,...t ci * 1 r. Y ,rJ CI,"Z, `. _ _ 13 DEP 1998 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION 62B-33 AND EXCAVATION CHAPTER 62B-33 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION AND EXCAVATION (PERMITS FOR CONSTRUCTION SEAWARD OF THE COASTAL CONSTRUCTION CONTROL LINE AND FIFTY-FOOT SETBACK) TABLE OF CONTENTS PAGE 62B-33.001 Scope. (Repealed) 2 62B-33.002 Definitions. 2 62B-33.003 General Prohibitions. 8 62B-33.004 Exemptions from Permit Requirements. 8 62B-33.005 Department General Policy and Criteria. 10 62B-33.0051 Coastal Armoring and Related Structures. 13 62B-33.006 Coastal Construction Control Line and 50-foot Setback. (REPEALED) 18 62B-33.007 Structural and Other Requirements Necessary for Permit Approval. 19 62B-33.008 Permit Application Requirements and Procedures. 22 62B-33.0085 Permit Fees. 26 62B-33.009 Procedures for Surveying the Coastal Construction Control or Setback. Line. (Repealed) 28 62B-33.010 Policies and Procedures for Reviewing Established Coastal Construction Control Lines. (Repealed) 28 62B-33.011 Consultation. (Repealed) 28 62B-33.012 Processing Procedures. (Repealed) 29 62B-33.013 Revisions or Modifications of Approved Permits. 29 62B-33.014 Emergency Procedures. 30 628-33.015 Permit Conditions (Repealed). 31 62B-33.016 Transfer of Permits.(Repealed) 31 62B-33.017 Time Limits on Permits. (Repealed) 31 62B-33.019 Suspension and Revocation. (Repealed) 31 62B-33.020 Violations. (Repealed) 31 62B-33.021 Civil Penalties. (Repealed) 31 62B-33.022 Control Line Program Administration to Counties or Municipalities. (Repealed) 32 62B-33.0225 Partial Control Line Program Administration to Counties or Municipalities. (Repealed) 32 62B-33.023 Coastal County and Municipality Reporting Requirements. (Repealed) 32 62B-33.024 Thirty-Year Erosion Projection Procedures. 32 Exhibit 3 Effective 4-30-98 1 DEP 1998 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION 62B-33 AND EXCAVATION (54) "Structure" is the composite result of putting together or building related components in anordered scheme. Enumeration of types of structures in this Subsection shall not be construed as excluding from the application of this Chapter any other structure which by usage, design, dimensions, or structural configuration meets the general definition herein provided and requires engineering considerations similar to the following: (a) ,Rigid Coastal Structures" are characterized by their solid or highly impermeabledesign or construction. Typically included within this category are groins, breakwaters, mound structures, jetties, weirs, seawalls, bulkheads and revetments. (b) "Flexible Coastal Structures" are characterized by their frangible design or construction and ability to become freely assimilated into the beach and dune system by natural coastal processes. Typically included within this category are beach restoration and beach nourishment, dune restoration and revegetation. (c) "Inlet-Related Structures" are typically constructed within an inlet such as inlet bypassing systems, dredged channels and sand traps. (d) "Minor Structures" are designed to be expendable, and to minimize resistance to forces associated with high frequency storms and to break away when subjected to such forces, and which are of such size or design as to have a minor impact on the beach and dune system. (e) "Major Structures" which, as a result of design, location or size could cause an adverse impact to the beach and dune system. Major structures include: 1. "Nonhabitable Major Structures" which are designed primarily for uses other than human occupancy. Typically included within this category are roads, bridges, storm water outfalls, bathhouses, cabanas, swimming pools and garages. 2. "Habitable Major Structures" which are designed primarily for human occupancy and are potential locations for shelter from storms. Typically included within this category are residences, hotels, and restaurants. (55) "Thirty-year Erosion Projection" or "30-year Erosion Projection" is the projection of long-term shoreline recession occurring over a period of thirty years based on shoreline change rate information obtained from historical measurements. (56) "Toe scour protection" is a supplemental structure or structural component of armoring designed to prevent waves from scouring and undermining the base of the armoring. (57) "Understructure " is any wall, partition or other solid fabrication not comprising a part of the structural support system and located below the first floor support structure. (58) "Uplift Pressure" is any upward hydrostatic, hydrodynamic, or wind pressure on a surface of a structure. (59) "Vulnerable" is when an eligible structure is subject to either direct wave attack or to erosion from a 15-year return interval storm which exposes any portion of the foundation. (60) "Wave" is a ridge, deformation, or undulation of the surface of a fluid. Specific Authority 161.053, 370.021 FS. Effective 4-30-98 7 DEP 1998 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION 62B-33 AND EXCAVATION Law Implemented 161.053 , 161.052(2) FS. History New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.06, 16B-33.006 , Repealed 2-14-96. 62B-33.007 Structural and Other Requirements Necessary for Permit Approval. (1) All structures shall be designed so as to minimize any expected adverse impact on the beach-dune system, marine turtles, or adjacent properties and structures and shall be designed consistent with Section 62B-33.005, Florida Administrative Code. (2) Habitable major structures which extend wholly or partially seaward of the coastal construction control line or 50-foot setback shall be designed to resist the predicted forces associated with a one-hundred-year storm event. (3) Major structures shall conform to the following requirements: (a) Habitable major structures shall be designed in accordance with the minimum building code adopted for the area pursuant to section 553.70 — 553.895, Florida Statutes, the Florida Building Codes Act. In the event of conflict between the requirements of this Chapter and the above building codes or other state or federal laws, the requirements resulting in the more restrictive design for wind, wave, hydrostatic and hydrodynamic loads and erosion conditions shall apply. (b) All major structures shall be designed in accordance with Section 6, American National Standards/American Society of Civil Engineering 7-88 "Minimum Design Loads for Buildings and Other Structures", which is adopted herein by reference; except that for major habitable structures the minimum basic wind speed shall be 110 miles per hour (mph)(115 mph in the Florida Keys) unless building codes adopted by the applicable county or municipality require a higher velocity, and all major structures shall be designed so that the structure and its components do not become airborne missiles. An engineer or an architect registered in the State of Florida shall provide separate certifications that the main wind-force resisting system has been designed in accordance with this standard, and that the components and cladding have been selected and their use incorporated into the design and specifications to withstand the wind loads determined in accordance with this standard. (c) All habitable major structures shall be elevated on, and securely anchored to, an adequate pile foundation in such a manner as to locate the building support structure above the design breaking wave crests or wave approach as superimposed on the storm surge with dynamic wave setup of a one-hundred-year storm. The storm surge with dynamic wave setup of a one-hundred-year storm shall be the elevation determined by the Department in studies published as a part of the coastal construction control establishment process. The Bureau will evaluate the applicant's proposed structural elevation based upon available scientific and coastal engineering data and will advise the applicant of the specific elevation requirement for the site. The Department will grant a waiver of the elevation or foundation requirements for additions, repairs or modifications to existing nonconforming habitable major structures, provided that the addition, repair or modification does not advance the seaward limits of Effective 4-30-98 19 DEP 1998 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION 62B-33 AND EXCAVATION construction at the site and does not constitute rebuilding of the existing structure. Staff evaluation in such cases will be based on engineering data, site elevations, any impact on the beach and dune system, and design life of the structure. (d) Pile foundations for habitable major structures shall be designed to withstand all reasonable anticipated erosion, scour, and loads resulting from a one- hundred-year storm including wind, wave, hydrostatic, and hydrodynamic forces acting simultaneously with typical structural (live and dead) loads. All major habitable structures should be anchored to their pile foundation in such a manner as to prevent flotation, collapse or lateral displacement. (e) The elevation of the soil surface to be used in the calculation of pile reactions and bearing capacities for habitable major structures shall not be greater than that which would result from erosion due to a one-hundred-year storm event. Calculation of the design grade shall account for localized scour due to the presence of structural components. Design ratio or pile spacing to pile diameter should not be less than 8:1 for individual piles located above the design grade. Pile caps shall be set below the design grade. Pile penetration shall take into consideration the anticipated loss of soil above the design grade. (f) No substantial walls or partitions shall be constructed below the level of the first finished floor of habitable major structures and seaward of the coastal construction control line or 50-foot setback. This does not preclude, subject to Department permit and applicable federal, county, and municipal regulations, the construction of: 1. Stairways; 2. Shearwalls perpendicular to the shoreline; 3. Shearwalls parallel to the shoreline, which are limited to a maximum of twenty percent of the building length; 4. Wind or sand screens constructed of fiber or wire mesh; 5. Light, open lattice partitions with individual, wooden lattice strips not greater than 3/4 inch thick and 3 inches wide; 6. Elevator shafts; 7. Small mechanical and electrical equipment rooms; or 8. Break-away or frangible walls. (g) Structural design shall consider all design wave forces. Habitable major structures shall be designed in consideration of a one-hundred-year storm event. Breaking, broken, and nonbreaking waves shall be considered as applicable. Design wave loading analysis shall consider vertical uplift pressures and all lateral pressures to include impact, as well as, dynamic loading and the harmonic intensification resulting from repetitive waves. (h) Structural design shall consider all applicable hydrostatic loads. Habitable major structures shall be designed in consideration of the hydrostatic loads which would be expected under the conditions of maximum inundation associated with a one- hundred-year storm event. Calculations for hydrostatic loads shall consider the maximum water pressure resulting from a fully peaked, breaking wave superimposed Effective 4-30-98 20 DEP 1998 RULES AND PROCEDURES FOR COASTAL CONSTRUCTION 62B-33 AND EXCAVATION on the design storm surge with dynamic wave setup. Both free and confined hydrostatic loads shall be considered. Hydrostatic loads which are confined shall be determined using the maximum elevation to which the confined water would freely rise if unconfined. Vertical hydrostatic loads shall be considered as forces acting both vertically downward and upward on horizontal or inclined surfaces of major structures (e.g., floors, slabs, roofs, walls). Lateral hydrostatic loads shall be considered as forces acting horizontally above and below grade on vertical or inclined surfaces of major structures and coastal or shore protection structures. Hydrostatic loads on irregular or curving geometric surfaces may be determined in consideration of separate vertical and horizontal components acting simultaneously under the distribution of the hydrostatic pressures. (i) Structural design shall consider all applicable hydrodynamic loads. Habitable major structures shall be designed in consideration of the hydrodynamic loads which would be expected under the conditions of a one-hundred-year storm event. Calculations for hydrodynamic loads shall consider the maximum water pressures resulting from the motion of the water mass associated with a one-hundred- year storm event. Full intensity loading shall be applied on all structural surfaces above the design grade which would affect the flow velocities. (j) Fishing or ocean piers or the extension of existing fishing or ocean piers shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year storm event. Pier decking and rails may be designed to be an expendable structure. Major structures constructed on the pier shall be designed for the wind loads as set forth in this Chapter. Pile foundations shall not obstruct the longshore sediment transport and shall be designed to minimize any impact to the shoreline or coastal processes. (k) Pipelines and ocean outfalls crossing the beach and littoral zone or the extension of existing pipelines or ocean outfalls shall be designed to withstand at a minimum the erosion, scour, and loads accompanying a 20-year or greater storm event. Pipelines or ocean outfalls shall be constructed below grade across the beach and littoral zone. (I) Swimming pools, wading pools, and water retention structures are expendable structures and need not be designed for the erosion, scour, and loads accompanying a one-hundred-year storm event and shall be sited so that their failure does not adversely affect the beach dune system, any adjoining major structures, or any coastal protection structures. If due to limited site availability the pool needs to be located in close proximity to an existing major structure or coastal protection structure, the pool shall be designed with an adequate pile foundation for the erosion and scour conditions of a one-hundred-year storm event. All pools shall be designed to minimize any permanent excavation seaward of the coastal construction control line. There shall be no net loss of material from the immediate area of the pool and the pool shall be elevated either partially or totally above original grade to minimize excavation. Effective 4-30-98 21 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, March 14, 2001, at the times listed below, to consider the adoption of the following ordinances: at 10:30 a.m. : AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF THE CITY OF MIAMI BEACH ENTITLED "ADMINISTRATION" , BY AMENDING ARTICLE VII THEREOF ENTITLED "STANDARDS OF CONDUCT", BY AMENDING DIVISION 4 ENTITLED "PROCUREMENT, " BY AMENDING SECTION 2-486 ENTITLED "CONE OF SILENCE"; SAID AMENDMENT EXTENDING THE PROHIBITIONS ON ORAL COMMUNICATIONS TO ALL CITY EVALUATION COMMITTEE MEMBERS; PROVIDING FOR ADDITIONAL EXCEPTIONS RELATIVE TO ORAL COMMUNICATIONS; AND PROVIDING FOR THE REQUIREMENT OF REPORTING VIOLATIONS TO THE CITY ATTORNEY'S OFFICE. Inquiries may be directed to the Procurement Department at (305) 673-7490. at 10:35 a.m. : AN ORDINANCE AMENDING ORDINANCE NO. 99-3206, WHICH AMENDED DIVISION 24 OF CHAPTER 2, ARTICLE III, OF THE MIAMI BEACH CITY CODE, ENTITLED "CAPITAL PROJECTS OVERSIGHT COMMITTEE" (SAID COMMITTEE NOW KNOWN AS THE "CONVENTION CENTER CAPITAL PROJECTS OVERSIGHT COMMITTEE") ; HEREIN AMENDING SECTION V OF ORDINANCE NO. 99-3206 BY DELETING THE SUNSET PROVISION; PROVIDING FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE. Inquiries may be directed to the Convention Center at (305) 673-7311. at 10:40a.m. : AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS, " DIVISION 2 ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE-FAMILY RESIDENTIAL DISTRICTS" BY CREATING DEVELOPMENT REGULATIONS WITHIN THE RS-3 AND RS-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS FOR THE ALTOS DEL MAR HISTORIC DISTRICT, BOUNDED BY 79TH STREET ON THE NORTH, COLLINS AVENUE ON THE WEST, 77TH STREET ON THE SOUTH, AND THE ATLANTIC OCEAN ON THE EAST, BY SPECIFYING LOT AREA, SETBACK, BUILDING HEIGHT, MAXIMUM BUILDING SIZE AND VARIOUS OTHER ANCILLARY DEVELOPMENT REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND EFFECTIVE DATE. at 10:50 a.m. : AN ORDINANCE AMENDING CHAPTER 142 OF THE MIAMI BEACH CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS" BY AMENDING SECTION 142-875 THEREOF ENTITLED "ROOF REPLACEMENTS" BY ALLOWING ALTERNATE ROOF MATERIALS; AMENDING CHAPTER 130 OF THE MIAMI BEACH CITY CODE ENTITLED "OFF-STREET PARKING" BY AMENDING SECTION 130-64 THEREOF ENTITLED "DRIVES" BY MODIFYING MINIMUM DRIVEWAYS WIDTHS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. at 2:00 p.m. : AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118, ARTICLE X, DIVISION 4, ENTITLED "DESIGNATION" BY AMENDING SECTION 118-593 TO AMEND THE TIMEFRAMES FOR OBTAINING A DEMOLITION PERMIT PURSUANT TO HISTORIC DESIGNATION; PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR 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 1700 Convention Center Drive, Miami Beach, Florida 33139 http:\\ci.miami-beach.fl.us Office of the City Manager Telephone(305)673-7010 • Facsimile(305)673-7782 COMMISSION MEMORANDUM NO. /4-o/ TO: Mayor Neisen O. Kasdin and Date: March 14, 2001 Members of the City Commission FROM: Jorge M. Gonzalez ed ✓' SECOND READING City Manager "C3 SUBJECT: Ordinance - Altos Del Mar Single Family Residential Development Regulations An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida amending the Code of the City of Miami Beach, Florida, amending Chapter 142, entitled "Zoning Districts and Regulations," Division 2 entitled "RS-1, RS-2, RS-3, RS-4 Single Family Residential Zoning Districts" by creating development regulations within the RS-3 and RS-4 Single Family Residential zoning districts for the Altos Del Mar Historic District, bounded by 79th Street on the north, Collins Avenue on the west, 77th Street on the south, and the Atlantic Ocean on the east, by specifying lot area, setback, building height, maximum building size and various other ancillary development regulations; providing for inclusion in the Code of the City of Miami Beach, Florida; Repealer; Severability; and Effective Date. (File#1470) ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS An amendment to the Land Development Regulations of the City Code to conform with the adopted Design Guidelines for the Altos Del Mar Historic District was endorsed by the Historic Preservation Board and referred to the Planning Board on August 10, 2000. The Planning Board consequently recommended the proposed amending Ordinance to the City Commission on November 28, 2000. The planning firm of Duany, Plater-Zyberk, who developed the 1994 North Beach Development Plan, has also reviewed the regulations and guidelines and is in concurrence with the staff recommendation. Finally, the City Commission approved the proposed Ordinance on first reading at the meeting of January 31, 2001 and the item was continued at the meeting of February 21, 2001. AGENDA ITEM /PCC— DATE 3-10-0/ Commission Memorandum March 14, 2001 Ordinance—Altos Del Mar Single Family Residential Development Regulations Page 2 NEIGHBORHOOD DEVELOPMENT CONCEPT The vision for the future of Altos Del Mar is that it will evolve into a thriving urban neighborhood, through infill of new homes on the vacant lots and restoration of the existing historic homes. This blending of new and old must respect the history and character of the neighborhood, maintaining the casual beachfront atmosphere and modest scale of buildings, while adapting to realities of modern times. These "realities of modern times" create some great challenges. The environment has changed dramatically from the time when Altos Del Mar was developed. It has been reduced in size from a neighborhood that stretched from 75th Street to the City limits (and beyond). Collins Avenue has become a high-volume one-way regional arterial highway. These factors, combined with the social and economic conditions in the adjacent areas have generated requests from the Altos Del Mar property owners to turn inward and insulate itself from its surroundings with walls and security gates. A much greater challenge is presented by the State of Florida's coastal flood protection laws that require new buildings on oceanfront lots to be built above the level of the projected wave crest of a 100-year storm. That means that the first habitable floor or "Habitable Major Structure" as defined by the Florida Department of Environmental Protection (DEP) will be approximately 18 feet above sea level, or 7 to 11 feet above the first floor level of existing buildings. The proposed development regulations and design guidelines (Exhibit 2) have been carefully crafted to recognize the historic character of Altos Del Mar. The following principals are the basis for these regulations and guidelines. • Maintain the historic street grid, and restore the historic names of the streets. • Follow the historic building pattern for setbacks, yard areas and open space. • Ensure a similarity of scale (height, size, massing) between old and new buildings. • Mitigate the incongruity that would be created between old and new buildings by the coastal flood protection regulations, with limitations on building height, setbacks and massing. • Protect and enhance public pedestrian access to the beach. • Maintain the appearance of the historic neighborhood from Collins Avenue. • Preserve unobstructed views from beachfront homes toward the water. Commission Memorandum March 14, 2001 Ordinance—Altos Del Mar Single Family Residential Development Regulations Page 3 • Preserve and enhance the informal character and lushness of the vegetation in public and private spaces. BACKGROUND Altos Del Mar, or Highlands of the Sea,was a very early attempt at residential subdivision on Miami Beach, and is particularly important for the role it played in opening up the City's North Shore and its environs to development. The original Altos Del Mar subdivision ran from 75th Street to 83rd Street and included both sides of Collins Avenue. The main focus of the neighborhood, however, was the area between Collins Avenue and the beach, creating 250' deep oceanfront lots (east of Atlantic Way), and 125' lots between Atlantic Way and Collins Avenue to the west. • Platted in 1919 by the Tatum Brothers, the initial success of the subdivision was limited to lot sales, as the neighborhood did not see construction of its first home until 1925. Development of homes proceeded slowly throughout the next three decades. The neighborhood finally reached its peak in the late 1940's and early 1950's, but at the same time, the City of Miami Beach began acquiring the properties located north of 79th Street to create North Shore Open Space Park. In 1983, the City initiated a partnership with the State of Florida to purchase the remaining three blocks between 76th Street and 79th Street. The acquisition program faltered after a failed bond referendum in 1986 to raise money for the City's share of the land costs. The State continued to purchase land without City funding, but abandoned further action in 1993 at the City's request. HISTORIC DESIGNATION On May 6, 1987, the City Commission adopted Ordinance No. 87-2565, which amended the Zoning Ordinance by designating the Altos Del Mar Historic Preservation District. The district was approved for the blocks between 77th Street and 79th Street east of Collins Avenue. The blocks between 77th and 76th Streets were denied designation at that time, but were designated nine years later as a part of the Harding Townsite/South Altos Del Mar Historic District. The designation report states: "The nominated district is most noteworthy as the last remaining single-family oceanfront neighborhood in the City, and is an easily distinguishable entity by virtue of its distinct boundaries, formed by municipally owned property to the North (North Shore Open Space Park) and to the South (Miami Beach Library), the Atlantic Ocean to the east and Collins Avenue to the west. Homes in the Atlantic Way District defer to each other and to their oceanfront setting, an introspection resulting in a feeling of harmony and seclusion. The combination of a clearly defined geographical area with a common basic architectural style, set in an environment of mature plant materials and narrow, unpaved rights-of-way contributes to a pervasive sense of privacy and coherence." . Commission Memorandum March 14, 2001 Ordinance—Altos Del Mar Single Family Residential Development Regulations Page 4 EXISTING CONDITIONS The district contains 23 lots. Eleven of the lots are owned by the State of Florida and managed by the City under a long-term lease. There are fourteen existing homes in the District. Ten of these are in private ownership, and the remaining four are State-owned and vacant. A site plan and ownership map is attached as Exhibit 1. Description of existing homes: Address Year Built Architect Style Ownership Status 7701 Collins 1994 Jorge Nuche Contemporary Donegan NC 7711 Collins 1948 Gerard Pitt Med. Revival Maxwell C 7729 Collins 1930 Geo. L. Pfeiffer Med. Revival Maxwell C 7735 Collins 1935 August Geiger Ranch State C 7801 Collins 1942 Albert Anis Vernacular Daley C 101 78th Street 1938 Harry O. Med. Revival Bona- C Nelson Moline 7823 Collins 1927 Unknown Med. Revival / Eskin C Mission 7737 Atlantic 1935 Alexander Med. Revival State C Way Lewis 7747 Atlantic 1948 Alexander Colonial Revival Swedroe C Way Lewis 7801 Atlantic 1935 Schoeppl & Med. Revival Chavez C Way Southwell 7815 Atlantic 1936 L. Murray Art Deco State C Way Dixon 7825 Atlantic 1932 Schoeppl Wood frame State C Way vernacular 7827 Atlantic 1925 Unknown Med. Revival Bona C Way 7845 Atlantic 1956 Don Reiff Post-War Modern Michel C Way DEVELOPMENT REGULATIONS The proposed development regulations would limit development to single family homes on a single 50-feet lot or (at most) an individual home on two adjoining 50-feet lots. It shall be noted that no variance from this provision shall be granted. The size (square footage) and height of the homes is limited to maintain compatibility with the existing historic homes. Together with the setback regulations, these restrictions would result in a building envelope that allows flexibility to the architect to design a variety of volumes and patterns with intimate courtyards. Commission Memorandum March 14, 2001 Ordinance—Altos Del Mar Single Family Residential Development Regulations Page 5 The setbacks for buildings up to 25' in height are 20' from Collins Ave; 5' from Atlantic Way west side; 12' from Atlantic Way east side; and 130/190' on the ocean side. In each case this follows the existing setbacks and maintains the existing views. Portions of buildings permitted to exceed the 25' height limit must be set back an additional 75' from Atlantic Way, so that the third story will not be visible from Atlantic Way. The third story must also be set back an additional 10 feet from the ocean side in order to create a visual break in the massing of the oceanfront facade. The yard area adjacent to the ocean may be developed with swimming pools, patios and decks no more than 30 inches above grade, and may not contain elements that will block the views from neighboring lots. This includes fences, which are limited in height to 42 inches. The oceanfront lots have a permissible 3rd story due to the required elevation of habitable floor space at approximately 7 to 11 feet above existing grade. The third story is limited to one-third of the total floor area, and requires a one to one ratio of ground floor courtyard or garden space in order to break down the massing of the building. On oceanfront lots, the ground level space below new structures may be designed as unenclosed lanai or arcade space to function as a part of outdoor living space adjacent to gardens, courtyards and patios. Additionally, ground level space below a habitable structure may be used for parking, circulation or storage if the Historic Preservation Board approves the design. Ground level space may be enclosed, if it meets the standards enforced by the Florida Department of Environmental Protection for construction seaward of the Coastal Construction Control Line. The "Understructure "or "Non-habitable Major Structure" must be limited to "break-away" construction with restricted uses as defined by the DEP (see Exhibit 3). In addition to the state requirements, this proposed zoning amendment would limit useable enclosed space at the ground level to 1700 square feet on 50-feet lots and 3400 square feet on 100-feet lots. JMG/JGG/JAM/rncor% L:\CMGR\AGENDA\2001\mar1401\REGULAR\A1tos.cc memo2R2.doc u ' Mo CI, GO o �'0 ate • 0 U N ) ao Q .4 0 4- "O _: z �, V 1 r h..l W O dJ •� C/] S1" V a) E E -d O Q W bn00 g 701 ° NW _ N ." d) .'. N a W Q C/)