Ordinance 2018-4203 RPS OPEN SPACE REGULATIONS
ORDINANCE NO. 2018-4203
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY
AMENDING DIVISION 18, ENTITLED "PS PERFORMANCE
STANDARD DISTRICT," BY MODIFYING THE OPEN SPACE
REQUIREMENTS PERTAINING TO PRIVATE SPACES ACCESSIBLE
BY RESIDENTS OF A BUILDING; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to amend the existing land
development regulations pertaining to open space regualtions in the Performance Standard
Districts and
WHEREAS, the Mayor and City Commission desire to modify the calculation of open
space for private spaces on smaller development sites; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 18, "PS Performance Standard District" is hereby amended as follows:
Sec. 142-704. - Minimum required yards in relation to minimum open space ratio.
(a) Open space.
(1) Open space ratio in the PS performance standard district refers to a percentage
calculated as the area of open space, including required yards, at grade to the gross lot
area of a parcel.
(2) Open space is that part of a lot in the performance standard district, including
courts and yards which:
a. Is open and unobstructed from its lowest level upward;
b. Is generally accessible to all residents of the building on the lot without
access restrictions,.except as may be required for public safety. However, for lots
in the RPS districts that are 60 feet in width or less, private spaces accessible
only by residents of individual units, excluding balconies, may be considered
open space despite not being generally accessible to all residents; and
c. Is not occupied by off-street parking, streets, drives, or other surfaces for
vehicles. Open space is, in general, that part of a lot available for entry and use
by the occupants of the building or buildings on the premises, but may include
space located and treated to enhance the amenity of the development by
providing landscaping, screening for the benefit of the occupants or neighboring
areas, or a general appearance of openness. Open space may include water
surfaces that comprise not more than ten percent of total open space, and may
include landscaped roofs and decks pursuant to conditions contained in the
district regulations.
(b) Calculation. In all cases, except as otherwise provided herein, an applicant shall comply
with both minimum required yard and minimum open space requirements.
(1) The open space ratio may include open space on roof top decks which are 50 feet
or less above grade. At least 25 percent of the roof top deck shall constitute living
landscape material.
(2) Required yards and open space, whether at or above grade in the C-PS4 and RM-
PS1 districts may also be utilized for drives and off-street parking spaces, except that if
drives are ramped, they shall be at least seven and one-half feet from the front property
line and not more than ten feet or one level above grade at their highest point; the total
length of an elevated drive shall not exceed 40 percent of that portion of the lot facing
the adjacent street.
(3) Required yards adjacent to Biscayne Bay in the C-PS4 district may be utilized for
open and unenclosed decks, platforms, planters, canopies, canvas type awnings,
baywalks or removable furniture such as tables and chairs. Required side yards in the C-
PS4 district may have public walkways that are partially covered.
(4) Up to 50 percent of the open space required by these land development
regulations may be fulfilled by payment of an in-lieu-of fee into the South Pointe
Streetscape Fund. Notwithstanding the above, in no case shall the open space provided
at grade be less than the total area resulting from the required setbacks. The in-lieu-of
payment as described above shall be made at the rate as provided in appendix A per
square foot of open space not provided. Such fee shall be paid in full at the time of
application for the building permit. The fee shall be refunded if construction does not
commence prior to the expiration of the building permit.
(5) No variances shall be granted from the requirements of this section, except that
variances may be sought as to subsection (b)(4) above, only for major cultural
institutions within local historic districts, which only achieve no more than 80 percent of
the total allowable FAR and can demonstrate that the open space cannot be provided on
the roof top.
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SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
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
re-lettered 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 ten days following adoption.
PASSED and ADOPTED this )5 day of -7-4 icy , 2018.
ATTEST: (�
Dan Gelber, Mayor
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Rafael E. Grana•o, ity lerk ..••• ...............
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Verified By: t >A' J
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Thomas R. Moon- AICP ol/ /� /
Planning Director �'. 4 �. ! r't
Attorney / Dote
First eading: June 6, 2018
Second Reading: July 25, 2018 R�H 26
(Sponsored by Commissioner Michael Gongora)
Underline denotes new language
Strikethrough denotes removed language
T:\AGENDA\2018\06 June\Planning\RPS Open Space Requirements-First Reading ORD.docx
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Ordinances - R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 25, 2018
10:40 a.m. Second Reading Public Hearing
SUBJECT: RPS OPEN SPACE 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, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," BY AMENDING DIVISION 18, ENTITLED "PS PERFORMANCE
STANDARD DISTRICT," BY MODIFYING THE OPEN SPACE REQUIREMENTS
PERTAINING TO PRIVATE SPACES ACCESSIBLE BY RESIDENTS OF A
BUILDING; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND
AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY/ BACKGROUND
On March 7, 2018, at the request of Commissioner Michael Gongora, the City Commission referred a
discussion item to the Land Use and Development Committee pertaining to Open Space
requirements in the Performance Standards District (Item C4H). On March 14, 2018, the Land Use
Committee discussed the proposal and recommended that the City Commission refer the attached
draft Ordinance to the Planning Board.
On April 11, 2018, at the request of Commissioner Michael Gongora, the City Commission referred
the attached Ordinance to the Planning Board (Item C4 Z).
PLANNING ANALYSIS
The attached Ordinance would amend Sec. 142-704 of the Land Development Regulations,
regarding minimum open space ratio requirements in the Performance Standard Districts. Currently,
within all RPS and CPS zoning districts, required open space may be provided within roof top and
terrace areas, provided such areas are accessible by all residents. Essentially, this precludes private
terraces and roof decks from being able to be counted in required open space calculations.
The proposed amendment would permit lots in the RPS districts that are 60 feet in width or less to
have private spaces accessible only by residents of individual units considered open space, despite
not being generally accessible to all residents. The actual amount of required open space would not
change.
Page 909 of 1464
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on May 22, 2018 and transmitted it to the City
Commission with a favorable recommendation (Vote 7-0).
UPDATE
On June 6, 2018 the Ordinance was approved at First Reading with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Michael Gongora
ATTACHMENTS:
Description
❑ Form Approved Ordinance - RPS Open Space
Page 910 of 1464