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HomeMy WebLinkAbout2002-24976 Reso RESOLUTION NO. 2002-24976 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH, FLORIDA SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT REGULATIONS" DIVISION 18, "PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-697 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" AMENDING THE MAXIMUM BUILDING HEIGHT IN THE R-PS4 ZONING DISTRICT FOR LOTS WIDER THAN 50 FEET, TO MAKE THE HEIGHT LIMITS COMPATIBLE WITH CONTRIBUTING BUILDINGS; AMENDING SECTION 142- 697 "SETBACK REQUIREMENTS IN THE R-PS1, 2, 3, 4 DISTRICTS" TO PROVIDE FOR ADDITIONS TO FOLLOW THE EXISTING BUILDING LINE WHEREAS, the Ocean Beach Historic District contains a collection of important historic buildings which together embody a rich history of the first three decades of the development of Miami Beach; and WHEREAS, the Land Development Regulations of Miami Beach have been promulgated to provide for compatibility of new development in historic districts in Miami Beach; and WHEREAS, the Land Development Regulations in the Ocean Beach Historic District provide for a reasonable limitation of the height of new development on sites with existing contributing structures in the Residential Special Performance "R-PS" areas west of Ocean Drive which aid in the development of compatible infill structures; and WHEREAS, it is appropriate to re-examine the Land Development Regulations with respect to providing for more compatible height limitations in the RPS-4 zoning district. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA; that a public hearing to consider the amendment to the Code of the City of Miami Beach, as described above, is hereby scheduled on October 23, 2002 in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to pub' an distribute the appropriate public notice of the public hearing at which time all interested rti I eard. PASSED and ADOPTED this 11th day of Se te ATTEST: louut fCUl~ CITY CLERK APPROVED AS TO FORM AND LANGUAGE ~ & FOR EXECUTION $( · It- 9-r)~ City Attorney 1/1- Date F:\PLAN\$PLB\2002\File 1562 - R-PS4 heights\1562 RPS4 9-11 reso.doc 10f1 CHART MA" RPS-4 ZONING DISTRICT Address Name of Building Length of Existing Portion of Structure Building past 140 Feet of Lot Depth 121 Ocean Drive Sea Crest 285.20 feet 155.20 feet 125 Ocean Drive Villa Luisa 150.3 feet 35.70 feet 135 Ocean Drive Atlantic Vue Tower 192.30 feet 183.30 feet (non-contributing) 315 Ocean Drive Vacant parcel 321 Ocean Drive Hotel Simone 237.00 feet 119 feet 425 Ocean Drive Savoy 205 feet 68 feet 455 Ocean Drive Arlington 245.71 feet 114.73 feet F:\PLAN\$PLB\2002\File 1562 - R-PS4 heights\1562 chartA-Aug rpt.doc CITY OF MIAMI BEACH COMMISSION ITEM SUMMARY m - Condensed Title: Set public hearing to consider an ordinance of the Mayor and City Commission amending the development regulations for the RPS-4 Residential Performance Standard zoning district, as these regulations relate to maximum height permitted in this district. Issue: Should the City Commission lower the maximum height permitted in the RPS-4 district from 100 feet to 75 feet for lots that are 100 feet or more in width, with the first 115 feet of lot depth at a maximum height of 35 feet? Item Summary/Recommendation: The Administration recommends that first reading of the proposed ordinance be set for September 25, 2002. Advisory Board Recommendation: At the August 27, 2002 meeting, the Planning Board passed a motion (4-1, two members absent) recommending a proval of the ordinance. Financial Information: Source of Funds: D Finance Dept. City Clerk's Office Legislative Tracking: Planning Department - J. Gomez 1 M. Lamazares AGENDA ITEM 1/7 E. DATE ?-//-Cl.:L CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miami-beach.f1.us COMMISSION MEMORANDUM From: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez Q .'/ City Manager tJV" 0 Amendment to R S-4 development regulations Date: September 11, 2002 To: Subject: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT REGULATIONS" DIVISION 18, "PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-697 "RESIDENTIAL PERFORMANCE STANDARD AREA REQUIREMENTS" AMENDING THE MAXIMUM BUILDING HEIGHT IN THE R-PS4 ZONING DISTRICT FOR LOTS WIDER THAN 50 FEET, TO MAKE THE HEIGHT LIMITS COMPATIBLE WITH CONTRIBUTING BUILDINGS; AMENDING SECTION 142-697 "SETBACK REQUIREMENTS IN THE R-PS1, 2, 3, 4 DISTRICTS" TO PROVIDE FOR ADDITIONS TO FOLLOW THE EXISTING BUILDING LINE." ADMINISTRATION RECOMMENDATION The Administration recommends that first reading of the proposed ordinance be set for September 25, 2002. BACKGROUND Februarv 20. 2002 City Commission meeting - referred an ordinance to the Planning Board that would impose a maximum building height of 35 feet on lots exceeding 50 feet in width in the R-PS4 district where a contributing structure exists. Aoril 23. 2002 Plannina Board meetinQ - the Board considered the proposed ordinance and continued the hearing to May 28, 2002. Mav 28. 2002 Plannina Board meetina - because the proposed amendments introduced several new concepts that were not part of the original version, staff recommended that the public hearing be continued to the June 25, 2002 meeting so that the proposed ordinance could be properly advertised. June 25. 2002 Plannina Board meetina - the Board adopted a motion that consisted of three components: Commission Memorandum September 11, 2002 Setting public hearing - Comprehensive Plan Amendment #02-2 Page 20f4 . Denial of the ordinance as referred by the City Commission; . Acknowledgement that something does need to be done with respect to this issue; and . Declaration of the desire of the Planning Board to further study an alternative which would limit heights to 35 feet for a certain amount of lot depth back from the street, past which point new construction would be allowed to go higher. July 10. 2002 City Commission meetino - the Commission discussed a resolution to set a public hearing to consider the proposed amendment to the RPS-4 regulations as originally referred to the Planning Board. The discussion resulted in another referral to the Planning Board with the following directives (See afteraction attached): . That the height of the 50 ft. lots not be increased; . To study eliminating any incentives in the Code for lot aggregation which would result in taller buildings; and . To continue to study RPS-4 district with lower-scaled buildings, and let the buildings get a little taller in the back, but no taller than 55 feet. July 23. 2002 Plannina Board meetino - the Board agreed to discuss the RPS-4 regulations at a separate workshop meeting to be held on August 6, 2002. Auaust 6. 2002 Plannina Board workshop - the Board directed staff to draft an ordinance for the RPS-4 district that would take the following into consideration: . All lots in the RPS-4 district within the Ocean Beach Local Historic District should be treated equally as a tool to prevent lot aggregation in order to gain greater building height. . New construction on the first 140 feet of lot dept shall be 35 feet in height and 55 feet maximum height thereafter. . Provide an analysis showing how much of a contributing building would be affected after the 140 feet of lot depth - how much of the existing structure could be potentially demolished (see Chart A). . Elicit comments, from a planning perspective, from professional architects relative to this proposed regulation. . What would the impact of this ordinance be in relieving traffic capacity. . Staff should start studying the lot aggregation issue citywide and bring it back to the Board at a future date. OVERVIEW The R-PS4 zoning district is limited to the area that lies east of Ocean Drive and south of 5th Street. This district also includes the Ocean Parcels, which consist of the Continuum project, currently under construction, South Pointe Tower and Portofino Tower - all high- rise structures - though these properties are not part of the Ocean Beach Local Historic District. Commission Memorandum September 11, 2002 Setting public hearing - Comprehensive Plan Amendment #02-2 Page 3 of 4 A survey of the properties in the R-PS4 district was conducted and the table below was prepared. The Ocean Beach Local Historic District zoning district contains 14 properties, 8 of which are 50-ft wide lots; there are only 4 structures that are 35 feet high or less; and only 6 of all the existing structures are classified contributing. 1 1 So. Pointe Continuum under 380 ft. 35 condol 400 Dr... constr hotel apt./ 180 hotel 2 101 Ocean Dr. Bentley 2002 1 07 ft. 10 100 x condol 98 Beach 440 hotel 3 121 Ocean Dr. Sea Crest 1948 24 ft. 2 50 x 477 apt. 18 ts. 4 125 Ocean Dr. Villa Luisa 1940 42 ft. 3 50 x 426 hotel 50 5 135 Ocean Dr. Atlantic 1964 64 ft. 7 50 x 421 apt. 47 Vue 6 155-161 Marriott 2000 99 ft. 11 150 x hotel 236 Ocean Dr. Hotel 420 7 301 Ocean Dr. 1967 54 ft. 5 50 x 370 condo 45 8 315 Ocean Dr. Vacant 50 x 390 9 321 Ocean Dr. Hotel 1937 23 ft. 2 50 x 392 hotel 42 Simone 10 325 Ocean Dr. East 1969 55 ft. 6 50 x 340 condo 45 Atlantic Gardens 11 335 Ocean Dr. Oceanwalk 1939 35 ft. 3 50 x 350 condo (Sorrento Hotel 12 345 Ocean Dr. Ocean 1970 1 07 ft. 11 105 x condo 238 Point 339 13 401 Ocean Dr. The 1970 96 ft. 11 152 x condo 238 Presidential 332 14 425 Ocean Savoy 1935 41 ft. Hotel 54 Dr.. 455 Ocean Arlington 1941 35 ft. 3 hotell 78 htl Dr.. a t. 15 a t 15 465 Ocean Dr. Royal 1968 96 ft. 11 219 x condo 239 Atlantic 330 * Currently, these properties are unified and the parcel consists 73,253 sq. ft., roughly 200 x 370 ft., as per Miami-Dade County Property Appraiser's data. ** This property was developed under the C-PS3 development regulations which allows for a higher FAR and heights. * * * The designation of the Ocean Beach Historic District became effective on March 1, 1996, through the enactment by the City Commission of Ordinance No. 96-3037. This district represents a part of the first settlement of Miami Beach in the early Twentieth Century. It Commission Memorandum September 11, 2002 Setting public hearing - Comprehensive Plan Amendment #02-2 Page 4 of 4 is also the site of the first subdivision (platted in 1912) and infrastructure on Miami Beach, and traces the development of Twentieth Century oceanfront resort architecture when viewed together with its neighboring buildings.1 It is important to note that not every building in this historic district is significant by itself; that the significance lies when all buildings are viewed as a collection. Plannina Board Action At the August 27,2002 meeting, after a lengthy discussion, and several failed motions, the Planning Board passed a motion (4-1, two members absent) that would allow a height of 35 feet for the first 115 feet of lot depth and a maximum height thereafter of 75 feet, for lots wider than 100 feet; and retained the maximum height of 35 feet for lots 50 feet wide or less. Conclusion The proposed amendment shall be reviewed under Section 118-164 (3)a., which requires two readings at two separate meetings and at least ten days prior to adoption, be noticed once in the newspaper. Although not required by the City Code, the second reading public hearing should be held after 5:00 p.m. Immediately following the second reading public hearing, the City Commission may adopt the ordinance by a 5/7ths vote. JMG\CMC\JGG\ML T:\AGENDA\2002\SEP1102\REGULAR\1562 RPS-4 set hrg.doc 1 Excerpt from the Ocean Beach Historic District Designation Report, 1995.