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Ordinance 2001-3298 ORDINANCE NO, 2001-3298 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 142-875 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. WHEREAS,The City of Miami Beach desires to expand and modify existing requirements and procedures for driveway widths and roof materials in order to further and enhance the siting and exterior design of new projects and substantial rehabilitations throughout the City; and WHEREAS,The City of Miami Beach Design Review and Historic Preservation Boards are the primary vehicles for assuring this enhanced site plan and design integrity; and WHEREAS, The City of Miami Beach Historic Preservation and Design Review Boards strongly endorse the proposed amendments to the Zoning District Regulations and Off-Street Parking Sections of the Code; and WHEREAS,the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article IV, Division 1, entitled "Generally" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-875. Roof replacements. In all districts, the repair or replacement of a barrel tile or cement tile roof shall be of like material. New construction of pitched roofs shall only be comprised of barrel tile or cement tile. For new construction of multi-family,townhome and commercial structures, appropriate roof finishes other than barrel tile or cement tile may be approved by the Design Review or Historic Preservation Board, as applicable. For those structures which contain historic Cuban barrel tiles, such tiles shall be retained and preserved, subject to the provisions of the applicable building codes. SECTION 2. That Chapter 130, Article III, entitled"Design Standards" of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 130-64. Drives. Drives shall have a minimum width of 22 feet for two-way traffic and 11 feet for one-way traffic. For those grade level parking areas with less than ten(10)parking spaces,inclusive of those parking areas underneath a building or structure, the curb-cut and driveway entrance shall have a minimum width of twelve feet. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. 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 6. EFFECTIVE DATE. This Ordinance shall take effect ten days from adoption. PASSED and ADOPTED this 14th day of March , 2001. MAYOR ATTEST: ( €k eacdt CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION //, / -02) Ci Attorney Date F:\PLAN\$ALL\DRAFTOR\MTLRF-DR.WPD January 31, 2001 2 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. : ?k 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 CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us COMMISSION MEMORANDUM NO. //7-4/ TO: Mayor Neisen O. Kasdin and Date: March 14, 2001 Members of the City Commission FROM Jorge M. Gonzalez of‘pr City Manager SECOND READING SUBJECT: Ordinance - Revisions to Off-Street Parking and Roof Replacements 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 142-875 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 Driveway Widths; Providing for Codification,Repealer, Severability, and an Effective Date. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission, on second reading, approve the proposed amending Ordinance. ANALYSIS The proposed amendments to the Off-Street Parking and Roof Materials Sections of the City Code stem from design considerations faced by staff, architects, developers and property owners. Specifically, the following is noted with regard tb each pertinent section of the code: 1. Section 142-875 - "Roof Replacements" Currently, only flat or barrel tiles may be utilized on new and existing sloped or pitched roofs. While this requirement of the code is well intentioned and highly appropriate for single family homes,it has had the unintended effect of limiting design options for multi-family and commercial projects. In order to address this,the proposed amendment would allow appropriate roof finishes other than barrel tile or cement tile, for new construction of multi-family and commercial structures only, and subject to the approval of either the Design Review or Historic Preservation Board, as applicable. Additional language has also been added to the code requiring that structures which contain historic cuban barrel tiles retain and preserve such tiles, subject to the provisions of the applicable building codes. 2. Section 130-64 - "Drives" Currently, the off-street parking section of the City Code requires,that all portions of a two-way drive, including that portion providing access from the street, be at least twenty-two (22') feet in /� AGENDA ITEM a`�< " DATE • S Commission Memorandum March 14, 2001 Ordinance -Revisions to Off-Street Parking and Roof Replacements Page 2 width. This requirement is very important for providing adequate back-up space for vehicles, and for ensuring safe and unencumbered access for larger parking areas. However, for smaller, grade level parking lots, the twenty-two (22') foot driveway requirement can have a negative impact on the sidewalk and surrounding streetscape, particularly with smaller properties. In order to address this shortcoming, the proposed amendment to the code would allow smaller parking areas (defined as those grade level parking areas with less than ten (10) parking spaces, inclusive of those parking areas underneath a building or structure)to utilize a curb-cut and driveway entrance with a minimum width of twelve (12') feet. This twelve(12') foot section would only occur at the curb-cut and driveway entrance; a twenty-two (22') foot driveway would still be required adjacent to all parking spaces, in order to allow for adequate back-out area. Staff believes this modification will not have a negative impact on the ingress and egress of smaller parking lots as there are fewer cars accessing such lots. Further, the relationship to and impact on the sidewalk and pedestrian fabric of the City will be substantially improved as the required driveways for smaller lots will be reduced in half The Ordinance amendment was reviewed favorably by the Historic Preservation Board on December 12, 2000 and by the Design Review Board on December 18, 2000. The Planning Board transmitted the Ordinance to the City Commission with a favorable recommendation on January 30, 2001. On February 21, 2001, the City Commission approved the proposed Ordinance on first reading. Based on the foregoing analysis, the Administratipn recommends that the Commission approve, on second reading,the proposed amending ordinance to the Land Development Regulations of the Code of the City of Miami Beach. en ,yek JMG\ GG\TRM T:\AGENDA\2001\MAR 1401\REGULAR\CM-RFDR.W PD u 2 N ] t oo 00 m z el ') � - .- ._ o § 0 2 in, el u to © ct O ? •\ th U o o ._ k G M UU / ' u � 2 t f = 2 / q q CI) O ./ oma ° ) \ : / / U & w