Loading...
Ordinance 2019-4315 Common Variances - Rooftop Additions, Setbacks (Including For Mixed- Use Development), Room Sizes ORDINANCE NO." 2019-4315 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, ENTITLED "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTIONS 142-155 AND 142-156, SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTIONS 142-217 AND 142-218, AND SUBDIVISION V, ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,"AT SECTIONS 142-246 AND 142-247, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS; DIVISION 4, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AT SECTIONS 142-276 AND 142-277, DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTIONS 142-306 AND 142-307, AND DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT,"AT SECTIONS 142-337 AND 142-338, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR RESIDENTIAL USES AND ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; DIVISION 13, ENTITLED "MXE MIXED USE ,ENTERTAINMENT DISTRICT," AT SECTION 142-545, TO MODIFY THE UNIT SIZE REQUIREMENTS FOR NEW HOTEL UNITS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the City has observed that a large number of variances from certain Code sections are routinely sought in connection with land development applications; and WHEREAS, the City has analyzed these variance applications, which are frequently sought and granted; and WHEREAS, the approval of such variances has no negative impact on surrounding areas; and WHEREAS, the City has determined that amendments to the land development regulations to reduce the need for such variances are warranted; and Page 1 of 21 WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. Section 1. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District Regulations," at Division 3, entitled "Residential Multifamily Districts," is hereby amended as follows: CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. - DISTRICT REGULATIONS DIVISION 3. - RESIDENTIAL MULTIFAMILY DISTRICTS * * * Subdivision II. - RM-1 Residential Multifamily Low Intensity Sec. 142-155. - Development regulations and area requirements. (a) The development regulations in the RM-1 residential multifamily, low density district are as follows: * * * (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: Minimum Minimum Minimum Average Maximum Lot Area Lot Unit Size Unit Size Building Height (Square Width (Square Feet) (Square Feet) (Feet) Feet) (Feet) New construction-550 New construction— Historic district— Non-elderly and elderly low and 800 40 moderate income housing-400 Non-elderly and Flamingo Park Workforce housing-400 elderly low and Local Historic Rehabilitated buildings-400 moderate income District-35 Hotel units: housing-400 (except as 5,600 50 15%: 300-335 Workforce provided in section 85%: 335+ housing-400 142-1161) For contributing hotel Rehabilitated Otherwise-50 structures, located within an buildings-550, For properties individual historic site, a local The number of outside a local historic district or a national units may not historic district register district, which are exceed the with a ground level renovated in accordance with maximum density consisting of non- Page 2 of 21 the Secretary of the Interior set forth in the habitable parking Standards and Guidelines for comprehensive and/or amenity the Rehabilitation of Historic plan. uses-55 Structures as amended, retaining the existing room configuration and sizes of at least 200 square feet shall be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. Hotel units within rooftop additions to contributing structures in a historic district and individually designated historic buildings–200. Sec. 142-156. - Setback requirements. (a) The setback requirements for the RM-1 residential multifamily, low density district are as follows: Front Side, Side, Facing Rear Interior a Street Single lots At-grade Single lots less than less than 65 feet in width: parking lot on 65 feet in width: 5 5 feet, 5 feet abutting an the same lot 20 feet feet, otherwise 10 otherwise 10 alley, otherwise except where feet, or 8% of lot feet, or 8% of 10% of the lot depth (c) below is width, whichever is applicable greater lot width, whichever is greater 20 feet Single lots less than Single lots 10% of lot depth. Except lots A 65 feet in width: 7.5 less than 65 Notwithstanding the and 1-30 of the feet. feet in width: foregoing, rooftop Subterranean Amended Plat Lots equal or greater 7.5 feet. additions to non- and pedestal Indian Beach than 65 feet in width: Lots equal or oceanfront Corporation Minimum 10 feet or greater than contributing Subdivision and 8% of lot width, 65 feet in structures in a lots 231-237 of whichever is greater, width: historic district and Page 3of21 it the Amended and sum of the side Minimum 10 individually Plat of First yards shall equal 16% feet or 8% of designated historic Ocean Front of lot width, lot width, buildings may follow Subdivision-50 Notwithstanding the whichever is existing non- feet foregoing, rooftop greater, and conforming rear additions to sum of the pedestal setbacks. contributing structures side yards in a historic district shall equal and individually 16% of lot designated historic width buildings may follow existing non- conforming side, interior pedestal setbacks. 20 feet + 1 foot The required pedestal for every 1 foot setback plus 10% of increase in the height of the tower o height above 50 portion of the building. 15% of lot depth_ feet, to a The total required Notwithstanding the maximum of 50 setback shall not Sum of the foregoing, rooftop feet, then shall exceed 50 feet. side yards additions to non- remain constant. - shall equal oceanfront Except lots A Notwithstanding the 16% of the lot contributing and 1-30 of the foregoing, rooftop width • structures in a Tower Amended Plat additions to Minimum-10 historic district and Indian Beach contributing structures feet or 8% of individually Corporation in a historic district lot width, designated historic Subdivision and and individually whichever is buildings may follow lots 231-237 of designated historic greater existing non- buildings may follow the Amended existing non- conforming rear Plat of First conforming side, pedestal setbacks. Ocean Front interior pedestal Subdivision-50 setbacks. feet Subdivision IV. - RM-2 Residential Multifamily, Medium Intensity * * * Sec. 142-217. -Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: Minimum Minimum Maximum Lot Area Lot Minimum Average Building (Square Width Unit Size Unit Size Height Feet) (Feet) (Square Feet) (Square Feet) (Feet) 7,000 50 New construction-550 New construction— Historic district— Non-elderly and elderly low and 800 50 (except as Page 4of21 it moderate income housing-400 Non-elderly and provided in section Workforce housing-400 elderly low and 142-1161) Rehabilitated buildings-400 moderate income Area bounded by Hotel units: housing-400 Indian Creek Dr., 15%: 300-335 Workforce Collins Ave., 26th 85%: 335+ housing-400 ' St., and 44th St.— For contributing hotel Rehabilitated 75 structures, located within an buildings-550 Area fronting west individual historic site, a local Hotel units—N/A, side of Collins historic district or a national The number of Ave. btwn. 76th register district, which are units may not St. and 79th St.— renovated in accordance with exceed the 75 the Secretary of the Interior maximum density Area fronting west Standards and Guidelines for set forth in the side of Alton Rd. the Rehabilitation of Historic comprehensive between Arthur Structures as amended, plan. Godfrey Rd. and retaining the existing room W. 34th St.-85 configuration and sizes of at Otherwise-60 least 200 square feet shall be For properties permitted. Additionally, the outside a local existing room configurations for historic district the above described hotel with a ground level structures may be modified to consisting of non- address applicable life-safety habitable parking and accessibility regulations, I and/or amenity provided the 200 square feet uses-65 minimum unit size is Lots fronting maintained, and provided the Biscayne Bay less maximum occupancy per hotel than 45,000 sq. room does not exceed 4 ft.-100 persons. Lots fronting Hotel units within rooftop Biscayne Bay over additions to contributing 45,000 sq. ft.— structures in a historic district 140 and individually designated Lots fronting historic buildings–200. Atlantic Ocean over 100,000 sq. ft.-140 Lots fronting Atlantic Ocean with a property line within 250 feet of North Shore Open Space Park Boundary-200 Page 5 of 21 Sec. 142-218. - Setback requirements. 1 The setback requirements in the RM-2 residential multifamily, medium intensity district are as follows: Side, Side, Facing Front Interior a Street Rear Single lots At-grade Single lots less than less than 65 parking lot on 65 feet in width: 5 feet in width: Abutting an alley-5 the same lot feet, otherwise 10 5 feet, feet 20 feet otherwise 10 Oceanfront lots-50 except where feet, or 8% of lot feet, or 8% of feet from bulkhead (b) below is width, whichever is lot width, line applicable greater whichever is greater Single lots less than 65 feet: 7.5 feet Non-oceanfront Lots equal or greater lots-10% of lot than 65 feet in width: depth Minimum 10 feet or Lots equal or Oceanfront lots- 20 feet 8% of lot width, 20% of lot depth, 50 Except lots A whichever is greater, greater than feet from the and 1-30 of the and sum of the side 65 feet in bulkhead line Amended Plat yards shall equal 16% width: whichever is greater. Indian Beach of lot width_ Minimum 10 Notwithstanding the Corporation Notwithstanding the feet or 8% of foregoing, rooftop Subterranean Subdivision and foregoing, rooftop lot width, additions to non- and pedestaladditions to whichever is lots 231-237 of greater, and oceanfront the Amended contributing contributing Plat of First structures in a historic sum of the structures in a Ocean Front district and side yards historic district and Subdivision-50 individually shall equal individually feet designated historic 16% of lot designated historic buildings may follow width buildings may follow existing non- existing non- conforming side, conforming rear interior pedestal pedestal setbacks. setbacks. 20 feet + 1 foot Same as pedestal for Non-oceanfront for every 1 foot structures with a total Sum of the lots-15% of lot increase in height of 60 feet or side yards depth height above 50 less. shall equal Oceanfront lots— feet, to a The required pedestal 16% of the lot 25% of lot depth, 75 Tower maximum of 50 setback plus 10% of width feet minimum from feet, then shall the height of the Minimum-10 the bulkhead line remain constant. tower portion of the feet or 8% of whichever is greater. Except lots A building. The total lot width, Notwithstanding the and 1-30 of the required setback shall whichever is foregoing, rooftop Amended Plat not exceed 50 feet, greater additions to non- Indian Beach Notwithstanding the oceanfront Page 6 of 21 Corporation foregoing, rooftop contributing Subdivision and additions to structures in a lots 231-237 of contributing historic district and the Amended structures in a historic individually Plat of First district and designated historic Ocean Front individually buildings may follow Subdivision-50 designated historic existing non- feet buildings may follow conforming rear existing non- pedestal setbacks. conforming side, interior pedestal setbacks. * * * Subdivision V. - RM-3 Residential Multifamily, High Intensity * * * Sec. 142-246. - Development regulations and area requirements. (a) The development regulations in the RM-3 residential multifamily, high intensity district are as follows: * * * (b) The lot area, lot width, unit size and building height requirements for the RM-3 residential multifamily, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Lot Area Lot Unit Size Unit Size Building Height (Square Width (Square Feet) (Square Feet) (Feet) Feet) (Feet) New construction-550 Non-elderly and elderly low and moderate income New housing-400 construction-800 Workforce housing-400 Non-elderly and 150 Rehabilitated buildings-400 elderly low and Hotel units: moderate income 15%: 300-335 housing-400 Oceanfront lots-200 85%: 335+ Workforce Architectural dist.: For contributing hotel housing-400 New construction— structures, located within an Rehabilitated 120; ground floor 7,000 50 individual historic site, a local buildings-550 additions (whether historic district or a national Hotel units—N/Aattached or detached) units—N/A, register district, which are The number of to existing structures renovated in accordance with units may not on oceanfront lots— the Secretary of the Interior exceed the 50 (except as Standards and Guidelines for maximum density provided in section the Rehabilitation of Historic set forth in the 142-1161) Structures as amended, comprehensive retaining the existing room plan. configuration and sizes of at least 200 square feet shall Page 7 of 21 be permitted. Additionally, the existing room configurations for the above described hotel structures may be modified to address applicable life-safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. Hotel units within rooftop additions to contributing structures in a historic district and individually designated historic buildings–200. Sec. 142-247. - Setback requirements. (a) The setback requirements for the RM-3 residential multifamily, high intensity district are as follows: Side, Front Side, Facing Rear Interior a Street 5 feet, or Non-oceanfront lots— At-grade 5 feet, or 5% of lot 5% of lot 5 feet parking lot on 20 feet width, whichever is width, Oceanfront lots-50 the same lot greater whichever is feet from bulkhead greater line Sum of the side yards Non-oceanfront lots— shall equal 16% of lot 10% of lot depth 20 feet width Oceanfront lots-20% Except lots A. Minimum-7.5° feet or Sum of the of lot depth, 50 feet and 1-30 of the 8% of lot width, side yards from the bulkhead line Amended Plat whichever is greater, shall equal whichever is greater_ Indian Beach Notwithstanding the 16% of lot Notwithstanding the Subterranean Corporation foregoing, rooftop width foregoing, rooftop and pedestal Subdivision and additions to Minimum— additions to non- lots 231-237 of contributing structures 7.5 feet or oceanfront the Amended in a historic district and 8% of lot contributing structures Plat of First individually designated width, in a historic district Ocean Front historic buildings may whichever is and individually Subdivision-50 follow existing non- greater designated historic feet conforming side, interior pedestal buildings may follow setbacks. existing non- Page 8 of 21 conforming rear pedestal setbacks. 20 feet+ 1 foot for every 1 foot The required pedestal Non-oceanfront lots— increase in setback plus 10% of 15% of lot depth ° height above 50 the height of the tower Oceanfront lots-25/o of lot depth, 75 feet feet, to a portion of the building. Sum of the minimum from the maximum of 50 The total required side yards bulkhead line feet, then shall setback shall not shall equal whichever is greater, remain constant. exceed 50 feet, 16% of the Notwithstanding the Except lots A Notwithstanding the lot width foregoing, rooftop and 1-30 of the foregoing, rooftop Tower Amended Plat additions to Minimum— additions to non- Indian Beach contributing structures 7.5 feet or oceanfront Corporation in a historic district and ` 8% of lot contributing structures Subdivision and individually designated width, in a historic district lots 231-237 of historic buildings may whichever is and individually the Amended follow existing non- greater designated historic buildings may follow Plat of First conforming side, existing non- Ocean Front interior pedestal conforming rear Subdivision-50 setbacks. feet pedestal setbacks. Section 2. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District Regulations,"at Division 4, entitled "CD-1 Commercial, Low Intensity District," is hereby amended as follows: CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. - DISTRICT REGULATIONS * * * DIVISION 4. - CD-1 COMMERCIAL, LOW INTENSITY DISTRICT * * * Sec. 142-276. - Development regulations. The development regulations in the CD-1 commercial, low intensity district are as follows: Maximum Minimum Average Maximum Floor Minimum Minimum Apartment Apartment Building Area Lot Area Lot Width Unit Size Unit Size Height Ratio (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) Commercial Commercial 40 (except as NI Commercial Commercial N/A provided in New New section 142-1161) 1.0 None None construction— construction— Notwithstanding Residential Residential 550 800 the above, the 5,600 Rehabilitated Rehabilitated design review buildings-400 buildings-550- board or historic Page 9 of 21 li Non-elderly Non-elderly and preservation and elderly low elderly low and board, in and moderate moderate accordance with income income the applicable housing-400 housing-400 review criteria, Workforce Workforce may allow up to housing-400 housing-400 an additional five Hotel unit: Hotel units—N/_ feet of height, as 15%: 300— The number of measured from 335 units may not the base flood 85%: 335+ exceed the elevation plus Hotel units maximum maximum within rooftop density set forth freeboard, to the additions to in the top of the second contributing comprehensive floor slab. This structures in a plan. provision shall not historic district apply to existing and historic districts or individually existing overlay designated districts (existing historic j as of 7/26/2017), buildings–200. or commercial buildings immediately adjacent to residential district not separated by a street. However, an applicant may seek approval from the historic preservation boa e„ign review hoard! as may applicable, to increase height in accordance with the foregoing district or overlay district created after 7/26/2017 Sec. 142-277. - Setback requirements. (a) The setback requirements for the CD-1 commercial, low intensity district are as follows: Page 10 of 21 Side, Side, Facing Front Interior a Street Rear At-grade 5 feet parking lot on 5 feet 5 feet 5 feet If abutting an alley— the same lot 0 feet 10 feet when 10 feet when abutting a abutting a 5 feet residential residential 10 feet when district, district, unless abutting a 0 feet otherwise separated by a residential district Subterranean, Residential Uses none street or unless separated by pedestal and shall follow the RM Residential waterway a street or waterway tower 1, 2, 3 setbacks uses shall otherwise none in which case it shall (non- {See sections 142 follow the RM Residential uses be 0 feet. shall-fellow-the Residential uses oceanfront) 156, 142 218 and 1, 2, 3 RM 1, 2, 3 shall follow the RM 142 247) setbacks setbacks (See sections 1, 2, 3 setbacks(Se156, 142 (Sec sections (See sections 142 218 and 142 .142 156, 142 156, 142 218 and 218 and 142 142 247) 247) 3 Pedestal-15 feet Tower-20 feet + 1 Commercial Commercial 25% of lot depth, 75 foot for every 1 foot uses 10 feet uses 10 feet feet minimum from increase in height Residential Residential Uses the bulkhead line above 50 feet, to a uses shall shall-fel-low-the whichever is greater Pedestal and maximum of 50 feet, RM 1, 2, 3 Residential uses tower then shall remain 1, 2, 3 setbacks shall follow the RM (oceanfront) constant. Residential setbacks uses shall follow the (Sec sections {See sections 1, 2, 3 setbacks RM 1, 2, 3 setbacks 142 156, 142 142 156, 142 {See sections 142 (See sections 142 218 and 112 218 and 112 156, 142 218 and 156, 142 218 and 247-) 247142 247) 112 247) (b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: residential or hotel units, any floor containing such units shall follow the RM 1, 2, 3 setback regulations: (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-1 district. Page 11 of 21 Section 3. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District Regulations," at Division 5, entitled "CD-2 Commercial, Medium Intensity District," is hereby amended as follows: CHAPTER 142 - ZONING DISTRICTS AND REGULATIONS ARTICLE II. - DISTRICT REGULATIONS * * * DIVISION 5. - CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT * * * Sec. 142-306. - Development regulations. 1 The development regulations in the CD-2 commercial, medium intensity district are as 1 follows: Maximum Minimum Minimum Minimum Average Maximum 1 Floor Apartment Apartment Building Area Lot Area Lot Width Unit Size Unit Size Height Ratio (Square Feet) (Feet) (Square Feet) (Square Feet) (Feet) Commercial 50 (except as 1 N/A provided in New section 142- construction— Commercial 1161). ' 550 Notwithstanding NIA Rehabilitated the above, the ew buildings-400 construction— Non-elderly c design review and board or historic 80elderly low and Rehabilitated preservation moderate board, in income buildings-550 accordance with housing-400 Non-elderly the applicable Workforce and elderly low review criteria, and moderate Commercial Commercial housing-400 income may allow up to None None Hotel unit: housing-400 an additional five 1.5 Residential Residential 15% 300— Workforce /ofeet of height, as 88A 58 o 35 housing-400 measured from 85 : 335+ Hotel units— the base flood For contributing NIAelevation plus hotel structures, The number of maximum located within units may not freeboard, to the an individual exceed the top of the second historic site, a floor slab. This local historic maximum provision shall district or a density set not apply to forth in the national register comprehensive existing historic . districts or district, which plan are being existing overlay renovated in districts (existing accordance as of 7/26/2017), with the or commercial Page 12 of 21 Secretary of the buildings Interior immediately Standards and adjacent to Guidelines for residential district the not separated by Rehabilitation of a street. Historic However, an Structures as applicant may amended, seek approval retaining the from the historic existing room preservation configuration board or design shall be review board, as permitted, may be provided all applicable, to rooms are a increase height in minimum of 200 accordance with square feet. the foregoing Additionally, within any historic existing room district or overlay configurations district-created for the above after 7/26/2017 described hotel Self-storage structures may warehouse - 40 be modified to feet, except that address the building applicable life- height shall be safety and limited to 25 feet accessibility within 50 feet regulations, from the rear provided the property line for 200 square feet lots abutting an minimum unit alley; and within size is 60 feet from a maintained, and residential district provided the for blocks with no maximum alley occupancy per hotel room does not exceed 4 persons. Hotel units within rooftop additions to contributing structures in a historic district and individually designated Page 13 of 21 historic buildings–200. Mixed-use and commercial buildings that include structured parking for properties on the west side of Alton Road from 6th Street to Collins Canal - 60 feet. Notwithstanding the above regulations, the maximum floor area ratio (FAR)for self-storage warehouses shall be 1.5. The floor area ratio provision for mixed use buildings in section 142- 307(d)(2) shall not apply to self-storage warehouse development. Sec. 142-307. - Setback requirements. (a) The setback requirements for the CD-2 commercial, medium intensity district are as follows: Side, Side, Facing Front Interior a Street Rear At-grade 5 feet parking lot on 5 feet 5 feet 5 feet If abutting an alley-0 the same lot feet 10 feet when abutting 5 feet a residential district, 10 feet when abutting otherwise none 10 feet when a residential district Residential uses shall abutting a unless separated by a follow the RM 1, 2, 3 residential street or waterway in setbacks district, unless which case it shall be 0 feet {See sections 1/12 separated by 0 feet. Residential Residential 156, 112 218 and a street or uses shall follow the -uses shall waterway RM 1, 2, 3 setbacks Subterranean, follow the RM 142 247), otherwise (-Seetions nom_ pedestal and 1 2 3 Notwithstanding the none 156, 112 218 and tower setbacks foregoing, rooftop Residential 1/12 2/17) (non- {See sections additions to uses shall Notwithstanding the oceanfront) 142 156, 1 42 contributing structures follow-the foregoing, rooftop 218 and 112 in a historic district RM 1, 2, 3 additions to non- and individually setbacks oceanfront designated historic (See sections contributing structures buildings may follow 142 156, 142 in a historic district existing non- 218 and 142 and individually conforming side, designated historic interior pedestal buildings may follow setbacks. existing non- Page 14 of 21 conforming rear pedestal setbacks. Pedestal-15 Commercial uses 10'. feet feet Tower-20 feet Residential uses shall + 1 every 1 footfoot for follow the RM 1, 2, 3 setbacks increase in (See sections 142 Commercial 25% of lot depth, 75 height above 156, 112 218 and user:, 10 feet feet minimum from 50 feet, to a Residential 142 217) the bulkhead line Subterranean, maximum of 50 uses shall Notwithstanding the whichever is greater feet, then shall #sAsw##e pedestal andforegoing, rooftop RM 1, Residential uses shall tower remain additions to 2, 3 follow the RM 1, 2, 3 (oceanfront) constant. contributing structures setbacks setbacks Residential (See sections in a historic district {See sections 112 uses shall and individually 112 156, 112 218 and 142 156, 142 218 and follow the RM 1 2 3 designated historic 112 247) setbacks buildings may follow (See sections existing non- 142 156, 112 conforming side, 218 and 112 interior pedestal setbacks. 247) (b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: (1) - -- . - - - - - - - - -- - - - -- - - --• - - residential or hotel units, any floor containing such units shall follow the RM 1, 2, 3 setback regulations. (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-2 district. (23) The maximum floor area ratio (FAR) for self-storage warehouses shall be 1.5. The floor area ratio provision for mixed use buildings in section 142-307(d)(2)above shall not apply to self-storage warehouse development. (e) Notwithstanding the above setback regulations, "self-storage warehouse"in this district shall have the following setbacks: (1) Front—Five feet; (2) Side facing a street—Five feet; (3) Interior side—Seven and one-half feet or eight percent of the lot width, whichever is greater; Page 15 of 21 (4) Rear—For lots with a rear property line abutting a residential district the rear yard setback shall be a minimum of 25 feet; for lots with a rear property line abutting an alley the rear setback shall be a minimum of seven and one-half feet. Section 4. Chapter 142, entitled "ZoningDistricts and Regulations," Article II entitled "District Regulations,"at Division 6, entitled"CD-3 Commercial, High Intensity District,"is hereby amended as follows: CHAPTER 142 -ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. - DISTRICT REGULATIONS DIVISION 6. - CD-3 COMMERCIAL, MEDIUM INTENSITY DISTRICT Sec. 142-337. - Development regulations and area requirements. (a) The development regulations in the CD-3 commercial, high intensity district are as follows: (1) Max FAR: Lot area equal to or less than 45,000 square feet-2.25; lot area greater than 45,000 square feet-2.75; oceanfront lots with lot area greater than 45,000 square feet- 3.0. (2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0. (3) Notwithstandingthe above, lots located between Drexel Avenue and Collins Avenue e and between 16th Street and 17th Street shall have a maximum FAR of 2.75. (4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 square feet with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 square feet. (b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the architectural district shall be 2.50. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Lot Area Lot Width Unit Size Unit Size Building (Square Feet) (Feet) (Square Feet) (Square Feet) Height (Feet) Commercial N/A Commercial 75 feet. New construction— A!/,4 Lots within the 550 New architectural district: Commercial Commercial Rehabilitated construction— 50 feet. None None buildings-400 800 Lots fronting on 17th Residential Residential Non-elderly and Rehabilitated Street: 80 feet. 7,000 50 elderly low and buildings-550 City Center Area moderate income Non-elderly and (bounded by Drexel housing-400 elderly low and Avenue, 16th Street, Workforce housing— moderate Collins Avenue and Page 16 of 21 400 income the south property line Hotel unit: housing-400 of those lots fronting 15%: 300-335 Workforce on the south side of 85%: 335+ housing-400 Lincoln Road): 100 For contributing Hotel units— feet. hotel structures, N/A_ Notwithstanding the located within an The number of above, the design individual historic units may not review board or site, a local historic exceed the historic preservation district or a national maximum board, in accordance register district, density set forth with the applicable which are being in the review criteria, may renovated in comprehensive allow up to an accordance with the plan. additional five feet of Secretary of the ; height, as measured Interior Standards from the base flood and Guidelines for elevation plus the Rehabilitation of maximum freeboard, Historic Structures to the top of the as amended, second floor slab. This retaining the existing provision shall not room configuration apply to existing shall be permitted, historic districts or provided all rooms existing overlay are a minimum of districts (existing as of 200 square feet. 7/26/2017), or Additionally, existing commercial buildings room configurations immediately adjacent for the above to residential-district described hotel not separated by a structures may be street. However, an modified to address applicant may seek applicable life-safety approval from the and accessibility historic preservation regulations, provided board or design the 200 square feet review board, as may minimum unit size is be applicable, to maintained, and increase height in provided the maximum foregoing within any occupancy per hotel historic district or room does not overlay district created exceed 4 persons. after 7/26/2017 Hotel units within Notwithstanding the rooftop additions to foregoing requirement contributing for City Center Area, structures in a the following historic district and additional shall apply: individually The height for lots fronting on Lincoln Page 17 of 21 designated historic Road and 16th Street buildings–200. between Drexel Avenue and Washington Avenue are limited to 50 feet for the first 50' of lot depth. The height for lots fronting on Drexel Avenue is limited to 50 feet for the first 25' of lot depth (except as provided in section 142-1161). Sec. 142-338. - Setback requirements. (a) The setback requirements for the CD-3 commercial, high intensity district are as follows: Front Side, Side, Facing Rear Interior a Street At-grade 5 feet parking lot on 5 feet 5 feet 5 feet If abutting an alley-0 Y the same lot feet 10 feet when abutting 5 feet a residential district, 10 feet when 10 feet when abutting a otherwise none abutting a residential district Residential uses unless separated by a shall follow the RM 1, residential street or waterway in 2, 3 setbacks district, which case it shall be 0 unless 0 feet {See sections 142 separated by feet. Residential uses Residential 156, 112 218 and shall follow the RM 1, uses shall 142 217) a street or ., 3 setbacks (See Subterranean, follow the RM Notwithstanding the waterway sections 142 156, 112 pedestal and 1, 2, 3 foregoing, rooftop otherwise 218 and 112 247) tower setbacks additions to none Notwithstanding the (non- Residential oceanfront) {See sections contributing uses shall foregoing, rooftop 142 156, 112 structures in a non- fellow-the +ho additions to non- 218 and 142 historic district and RM'�"�°2'3 oceanfront contributing 247 individually setbacks structures in a historic designated historic {See sections district and individually buildings may follow designated historic existing non- 1'12 156, 142 buildings may follow conforming side, 218 and 112 existing non- interior pedestal conforming rear setbacks. pedestal setbacks. Subterranean, Pedestal-15 Commercial uses Commercial 25% of lot depth, 75 pedestal and feet 10 feet uses 10 feet feet minimum from the Page 18 of 21 tower Tower-20 Residential uses Residential bulkhead line (oceanfront) feet + 1 foot shall follow the RM 1, uses shall whichever is greater for every 1 foot 2, 3 setbacks follow Residential uses shall • increase in (See sections 112 RM 1, 2, 3 follow the RM 1, 2, 3 height above 156, 142 218 and setbacks setbacks 50 feet, to a 142 247) (See sections (See sections 142 156, maximum of Notwithstanding the 112 156, 112 142 218 and 112 247) 50 feet, then foregoing, rooftop 218 and 112 shall remain additions to 217) constant. contributing Residential structures in a uses shall historic district and follow the RM individually 1, 2, 3 designated historic setbacks buildings may follow (See sections existing non- 112 156, 112 conforming side, 218 and 112 interior pedestal 247-) setbacks. (b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: • setback regulations. 6 (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-3 district. Section 5. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District Regulations,"at Division 13, entitled "MXE Mixed Use Entertainment District," is hereby amended as follows: CHAPTER 142 -ZONING DISTRICTS AND REGULATIONS ARTICLE II. - DISTRICT REGULATIONS * * * DIVISION 13. -MXE Mixed Use Entertainment District * * * Sec. 142-545. - Development regulations. The development regulations in the MXE mixed use entertainment district are as follows: Page 19 of 21 1 II I 1 Minimum Minimum Minimum Average 1 Maximum Apartment Maximum Lot Area Lot Apartment Floor (Square Width Unit Size Unit Size Building Height 1 Area Ratio Feet) (Feet) (Square Feet) (Square (Feet) i Feet) t Existing Architectural district: structures: Oceanfront-150 I Apartment Non-oceanfront— units-400 50 (except as provided in Non-elderly and section 142-1161) elderly low and All other areas-75 moderate (except as provided in income section 142-1161) 1 I housing-400 Notwithstanding the Workforce above, the design review housing-400 board or historic Hotel units—in preservation board, in a local historic Existing accordance with the 1 district/site— structures: applicable review criteria, All uses-2.0 200 Apartment may allow up to an Except Otherwise: units-550 additional five feet of convention 15%: 300-335 Hotel units— height, as measured 1 hotel 85%: 335+ N/A from the base flood I development N/A N/A New New elevation plus maximum (as set forth in construction: construction: freeboard, to the top of section 142- Apartment Apartment the second floor slab. 841)-3.5 units-550 units-800 This provision shall not Hotel units: Hotel units— apply to existing historic 15%: 300-335 N/A districts or existing 85%: 335+ . overlay districts (existing as of 7/26/2017), or Hotel units GAM-Mere,jai-buildings within rooftop immediately adjacent to additions to residential district not contributing separated by a street. structures in a However, an applicant • historic district may seek approval from and individually the historic preservation designated board or design review ' historic board, as may bo buildings–200. applicable, to incr ace height in accordance with Page 20 of 21 I the foregoing within Erni historic district or overlay district created after 7/26/2017 SECTION 6. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 7. Codification. 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" may be changed to "section" or other appropriate word. SECTION 8. Severability. If any section, subsection, clause or provision of-'this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. Effective Date. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this 30 ' day of -"- ''. , 2019. ,. ----:./P -' '._ __1___......_ Dan Gelber, Mayor ATTE • , ivilmitv / I It r, j, _?,--���I ��!%, Rafa I E. Gr.nado, City Clerk s ��+ ./ .% z,;' '\107 0 APPROVED AS TO FORM G ` AND LANGUAGE - -;""•"144%„..,, = 1 AND FOR EXECUTION 'NC 0RP ORA 1 EL:' (— 16- G_ ' : \r:1,Ay Attorney Date First Reading: •.tober 16, 019 \ P "••••• , i\�Second Reading: o. ober 30, '019 i ' ,:` _�.�_ "\C— ..- Verified By: ii L Thomas R. �ooney, Alf/1p Planning Director T:Wgenda\2019\10 October 16\Planning\Common Variance Requests-Ch 142 LDRs Heights Setbacks Unit Size-First Reading ORD.docx ii Page 21 of 21 I i Ordinances - R5 C MIAMI BEAH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: October 30, 2019 5:04 p.m. Second Reading Public Hearing SUBJECT: COMMON VARIANCES - ROOFTOP ADDITIONS, SETBACKS (INCLUDING FOR MIXED-USE DEVELOPMENT), ROOM SIZES AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, ENTITLED "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTIONS 142-155 AND 142-156, SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTIONS 142-217 AND 142-218, AND SUBDIVISION V, ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," AT SECTIONS 142-246 AND 142-247, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS; DIVISION 4, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AT SECTIONS 142-276 AND 142-277, DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTIONS 142-306 AND 142-307, AND DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTIONS 142-337 AND 142-338, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR RESIDENTIAL USES AND ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; DIVISION 13, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT," AT SECTION 142-545, TO MODIFY THE UNIT SIZE REQUIREMENTS FOR NEW HOTEL UNITS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. RECOMMENDATION Page 307 of 849 The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On January 16, 2019, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (Item R9 T— 2.b). On April 3, 2019, the Land Use and Development Committee (LUDC) discussed the item recommended that a comprehensive ordinance be drafted by the administration, pursuant to the recommendations in the LUDC report, to streamline the code and development processes, and that the City Commission refer the proposed ordinances to the Planning Board. On May 8, 2019, the City Commission referred the proposed ordinance to the Planning Board (item C4 Q). ANALYSIS PLANNING ANALYSIS This ordinance is a companion to two other items on the agenda related to common variances for"allowable encroachments" and "signage." Per Section 118-353 (d)of the land development regulations of the city code, in order to authorize any variance from the terms of the land development regulations, the applicable land use board must determine that there are "special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district." There are certain variances which are regularly requested and granted by the board of adjustment, design review board, and historic preservation board. Rather than being the exception to the rule, variance requests accompany most development proposals that are presented before the boards. Several of the requests are quite common and usually granted by the applicable board. The attached ordinance addresses the following commonly issued variances: 1) Variance of minimum required side and rear setbacks for roof-top additions to historic buildings to follow existing non-conforming side setbacks. Rooftop additions to historic buildings must conform to new required setbacks. These variances are typically granted due to the structural gymnastics that are required to setback a roof-top addition from the existing building walls. The variances allow the additions to utilize existing structural supports of the historic building. The ordinance amends the RM-1, RM-2, RM-3, CD-1, CD-2, and CD-3 districts side and rear setback requirements for rooftop additions to allow them to follow existing non-conforming pedestal setbacks for contributing structures in a historic district and individually designated historic building, subject to the certificate of appropriateness and rooftop addition criteria. 2)Variance for minimum and average unit size for rooftop additions to historic buildings. Historic buildings may often have non-conforming units that are smaller than what can be built in a new building. Variances are often sought for additions to historic buildings so that the size of new units matches those of the original historic building in order to allow for continuation of historic building lines in the new addition. The ordinance amends the RM-1, RM-2, RM-3, CD-1, CD-2, and CD-3 districts minimum hotel Page 308 of 849 unit size requirements for rooftop additions to historic buildings so that they are able to match the size of the existing non-conforming building, provided it complies with the maximum density requirements of the Comprehensive Plan. 3) Variance for setbacks of residential portions of mixed-use buildings in commercial districts. Residential and hotel portions of mixed-use buildings in the CD-1, CD-2, and CD-3 districts are required to follow the setbacks of the RM-1, RM-2, or RM-3 district, as applicable. Often these setbacks are impractical in commercial districts, requiring desirable mixed-use buildings to seek variances that a fully commercial building would not need. The proposed ordinance removes the differing setback requirement for mixed-use buildings in the CD-1, CD-2, and CD-3 districts. Mixed-use buildings would instead be required to follow the existing setbacks for fully commercial buildings. 4) Variance for exceeding the maximum allowable height by a maximum of three feet for commercial properties in historic districts. Within all commercial districts, the design review board may allow up to an additional five feet of height, as measured from the base flood elevation plus maximum freeboard, to the top of the second-floor slab. This section of the code is designed to provide the Design Review Board (DRB)with the flexibility to allow for higher first floor heights in order to accommodate future street and sidewalk elevations, as well as the required slopes for ramps accessing upper level parking areas. However, this provision does not apply to historic districts or overlay districts, nor to commercial buildings immediately adjacent to a residential district not separated by a street. However, an applicant may seek a height variance of not more than three feet from the historic preservation board.As a result, new commercial construction seeking to elevate the first floor, and or provide parking at upper levels, often request up to three-foot height variances, so that the project can maximize resiliency. The proposed ordinance modifies height limits for CD-1, CD-2, and CD-3 districts to remove the prohibition for five-foot increase in height at the first floor, currently permitted outside of historic and overlay districts, so that such increases are permitted in commercial districts citywide, including properties immediately adjacent to residential districts. PLANNING BOARD REVIEW On September 24, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-0. HISTORIC PRESERVATION BOARD REVIEW On October 8, 2019 the Historic Preservation Board (HPB) reviewed the subject ordinance and recommended approval by a vote of 6-0. The HPB also recommended that the proposal to give the HPB the authority to grant an additional five feet in height for projects in commercial districts (which is currently allowed by the DRB outside of historic districts) be removed from the ordiannce. UPDATE The subject ordinance was approved at first reading on October 16, 2019,with no changes. CONCLUSION Page 309 of 849 The administration recommends that the City Commission adopt the subject ordinance. Applicable Area Citywide Is this a Resident Right to Does this item utilize G.O. Know item? Bond Funds? Yes No Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Form Approved ORD Page 310 of 849