2003-3430 Ordinance
ORDINANCE NO.
2003-3430
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, SECTION 142-107.
"DEVELOPMENT REGULATIONS FOR THE ALTOS DEL MAR
HISTORIC DISTRICT," INCREASING THE MAXIMUM SQUARE
FOOTAGE THAT MAY BE BUILT IN THE RS-4 ZONING DISTRICT
WITHIN THE "ALTOS DEL MAR" LOCAL HISTORIC DISTRICT.
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, Altos del Mar, Ltd., is requesting to amend Chapter 142, "Zoning
Districts and Regulations," Article II, "District Regulations," Division 2, "RS-1, RS-2, RS-
3, RS-4 Single Family Residential Districts," Section 142-107, "Development
Regulations for the Altos del Mar Historic District," of the Land Development Regulations
of the City Code, in order to increase maximum permitted square footage of single-
family homes in the RS-4 district in the Altos del Mar Local Historic District from 2,500
square feet to 3,250 square feet; and
WHEREAS, the proposed changes to increase to the maximum size of a single
family home in the RS-4 zoning district area of the Altos del Mar Local Historic District
are not inconsistent with the neighborhood; and
WHEREAS, the proposed amendment would not reduce light and air to adjacent
areas, as this amendment would not increase the height permitted; and
WHEREAS, the Planning Board and the Historic Preservation Board met on July
29,2003 and May 13. 2003 respectively, and found that the proposed will not adversely
impact the mass and scale of the surrounding structures and both Boards
recommended approval of the requested amendment; and
WHEREAS, the Administration and Planning Director have also recommended
the approval of the requested amendment.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single Family Residential Districts,"
Section 142-107, "Development regulations for the Altos del Mar Historic District," is
hereby amended as follows:
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Notwithstanding the development regulations contained in sections 142-101--142-106
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 (No variance from 100 feet (2 adjoining lots)
this provision shall be aranted.)
(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 ~ 3.250 square feet. No variances shall be
aranted with reaard to the maximum sauare
footaae of structures.
(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 sauare feet
(e) Maximum Buildina Heiaht
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.
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 oermitted.
RS-4 25 feet above grade.
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(f) Maximum number of stories RS-3 3 stories
RS-4 2 stories
(a) Setback Atlantic Wav
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.
(i) Setback Collins Ave
RS-4 20 feet for principal and accessory buildinas
U) Setback Side, interior 5 feet or 10% of lot width, whichever is greater.
(k) Setback Side, facina a street 5 feet
(I) Supplementarv Yard Reaulations
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in
conflict herewith be and the same are hereby repealed.
SECTION 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,
the remainder shall not be affected by such invalidity.
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SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days tol
.2002.
PASSED and ADOPTED this 25th da ot
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CI CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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City Attorney Da
First Reading: September 10, 20 3
Second Readinq: November 2 2003
Ordinance No .."2 03-3430
Verified by:
Undersc denotes new language
Strikothrough denotes deleted language
F:IPLANI$PLBldrafl ordinancesl1618 Altos del Mar ord cc rev 9-10-03.doc
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CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
~
Condensed Title:
An Ordinance amending the Code of the City of Miami Beach amending Section 142-107, "Development
Regulations for the Altos Del Mar Historic District," increasing the maximum square footage that may be
built In the RS-4 Zonino District within The "Altos Del Mar" Local Historic District.
Issue:
Should the City Commission change the maximum floor area from 2,500 square feet to 3,250 square feet
for those houses to be built in the Altos del Mar RS-4 district?
Item Summa IRecommendation:
Currently, the Land Development Regulations of the City Code permit a maximum floor area of habitable
space of 2,500 square feet. The request to amend the development regulations was made by the owner of
several lots in the Altos del Mar historic district.
The Administration recommends that the Ci
Advisorv Board Recommendation:
At the July 29, 2003 meeting, the Planning Board voted unanimously (6-0, one member absent)
recommended that the City Commission approve the proposed amendment inclusive of the modifications
made by the Board.
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
Finance Dept. Total
Cit Clerk's Office Le islative Trackin :
Planning Department - Jorge G. Gomez/Mercy Lamazares
c
Assistant City Manager
618 - Altos del Mar LDRs cc 11-25-03 sum.doc
AGENDA ITEM j~ S~
DATE I/-)S-03
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.9oV
COMMISSION MEMORANDUM
To:
Mayor David Dermer and
Members of the City Commission
Date: November 25, 2003
From:
Jorge M. Gonzalez
City Manager Q .~
~ 0 Second Readina - Public Hearina
Proposed amen . ents to the development regulations for the Altos del Mar
Local Historic District.
Subject:
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, SECTION 142-107
"DEVELOPMENT REGULATIONS FOR THE ALTOS DEL MAR
HISTORIC DISTRICT," INCREASING THE MAXIMUM SQUARE
FOOTAGE THAT MAY BE BUILT IN THE RS-4 ZONING DISTRICT
WITHIN THE "ALTOS DEL MAR" LOCAL HISTORIC DISTRICT.
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the proposed ordinance
as amended on first reading.
BACKGROUND
Altos del Mar, Ltd., is the applicant requesting to amend Section 142-107 (c) of the Land
Development Regulations of the City Code in order to increase maximum permitted square
footage of single-family homes in the RS-4 district in Altos del Mar from 2,500 square feet
to 3,250 square feet.
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.
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
Commission Memorandum
Proposed amendment to development regulations for Altos del Mar Historic District
November 25, 2003
Page 2
district was approved for the blocks between 77th Street and 79th Street east of Collins
Avenue. The block 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.
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ANALYSIS
i
The proponent of the
amendment to the
development regulations owns
five parcels in that portion of
the Altos del Mar Local
Historic District that lies within
the RS-4 zoning district, which
is subject to maximum of
2,500 square feet of
construction and two stories.
After contracting with an
architect, and reviewing
preliminary plans. the
applicant and architect came
to the conclusion that some
refinement was necessary to
the development regulations
in order to come closer to a
real construction project. It
should be noted that this is the
first time in more than 10
years that new construction is
being planned for this district.
The refinement to the existing regulations would increase the square footage from 2,500 to
3,250 square feet, which appears not to have a negative effect on the Altos del Mar district.
In this regard, the Administration suggests that this proposed amendment be modified
adding language that prohibits any variance from this particular provision. The existing
regulations for the district contemplate up to 4,700 square feet of habitable space for the
oceanfront lots (east lots) and a height of up to three stories. The height currently
permitted on the dry lots (lots on the west side of Atlantic Way) is two stories; the proposed
ordinance is not increasing the height on the dry lots and they will remain at two stories.
The reason the property owners are requesting this amendment is that at the time the
regulations for the Altos del Mar District were adopted by the Commission in 2001 , a series
of design guidelines were created to help guide the future development of the district. In
planning the development of these lots, the property owners hired architects to design
structures that would adhere to those guidelines. In the early stages of design, it was
Commission Memorandum
Proposed amendment to development regulations for Altos del Mar Historic District
November 25, 2003
Page 3
determined that in order to design a house that meets the needs to today's families, it was
necessary to have a slightly larger habitable floor area than the City Code permits for this
district. The first design concept resulted in a house of 3,050 square feet - 550 square feet
more than the development regulations permitted. This design connected the master
bedroom on the second floor from the east side of the house (front) to the two other
bedrooms on the west side (rear) through an open loggia. It was determined by the
architect working on this project that it was necessary to enclose the loggia for better
protection from the elements, which added the additional 200 square feet of habitable
space, for a total of 3,250 square feet.
The Historic Preservation Board reviewed the proposed amendment at its May 13, 2003
meeting and recommended approval. It should also be noted that the recently approved
amendments to the single-family zoning districts permit larger square footage for new
construction in the RS-4 zoning districts outside of the Altos del Mar area.
PLANNING BOARD ACTION
At its July 29, 2003 meeting, the Planning Board recommended by a vote of 6-0 (one
member absent) that the City Commission approve the proposed amendment with a
number of modifications, such as:
. No variances from the amended regulations except when a design complies with a
maximum habitable space of 2,500 square feet.
. The habitable space should be distributed 60% on the ground floor and 40% on the
second floor.
The Board recommended that these modifications be included in the ordinance to help
preserve the low-scale character of this historic district and lessen the impact of the
additional floor area that would be permitted under the proposed amendment. These
modifications have been included in the proposed ordinance.
CITY COMMISSION ACTION
At the September 10,2003 meeting, the City Commission approved on first reading (7-0)
an ordinance that was amended by just permitting 3,250 square feet as the maximum
square footage for any single-family structure in the RS-4 zoning district of the Altos del
Mar Historic District. This amendment also removed the requirement to distribute the floor
area 60% on the ground floor and 40% on the second floor.
At the October 15, 2003 meeting, the City Commission continued the second reading public
hearing to the November 25, 2003 meeting so that the Administration and the proponent of
the ordinance could discuss outstanding issues relative to the beach walk.
Commission Memorandum
Proposed amendment to development regulations for Altos del Mar Historic District
November 25, 2003
Page 4
CONCLUSION
Pursuant to Section 118-164(3)a. ofthe City Code, the proposed ordinance may be read by
title or in full on at least two separate days and shall, at least 10 days prior to adoption, be
noticed once in a newspaper of general circulation in the City. Immediately following the
public hearing at the second reading, the ordinance may adopted by a 5/7ths vote of the
Commission.
JMG/CMC/JGG/ML
T:\AGENDA\2003\nov2503\regular\ 161 B - Altos del Mar LDRs cc 2nd rdg 11-25-03.doc
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NOTICE IS HEREBY given that Public Hearings will be held by the Mayor and City
Commission of the City of Miami Beach, Aorida, in the Commission Chambers, 3rd floor;
City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednitsday, lIctDber
15, 2lIlI3, at the limes listed below, to consider the following.
at 10:45 8.m.:
AN ORDINANCE AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
SECTION 142-107. "DEVELOPMENT REGULATIONS FOR THE mos DEL MAR HISTORIC
DISTRICT," INCREASING THE MAXIMUM SQUARE FOOTAGE THAT MAY BE BUILT IN THE
RS-4 ZONING DISTRICT WITHIN THE "ALTOS DEL MAR" LOCAL HISTORIC DISTRICT.
PROVIDING FOR CODIFICATION; REPEALER; SEVERABIUTY; AND AN EFFECTIVE DATE.
InquIrias may be directed to the Planning Department (305) 673-7550.
at 11:00 8.m.:
AN ORDINANCE AMENDING SECTION 106-346, ENTITlED "DEANmoNS", OF MIAMI
BEACH CITY CODE ARTICLE VIII, ENTITLED "PARADES", OF MIAMI BEACH CITY CODE - I
CHAPTER 106, ENTITLED "TRAFFIC AND VEHIa..ES"; "DEFINING DEMONSTRATION, "
RAlLY, PICKET UNE; CREATING MIAMI BEACH CITY CODE SECTION 106-375, TO BE
ENTITlED "PROHIBITED ACTIVITIES" OF CITY CODE ARTICl.E WI, ENTITLED "PARADES",
OF MIAMI BEACH CITY CODE CHAPTER 106, ENTI1tED "TRAFFIC AND VEHICLES";
ESTABlISHING REGULATIONS CONCERNING PARADES AND DEMONSTRATIONS;
PROHIBmNG CERTAIN ACTIVITIES AT PARADES, DEMONSTRATIONS, RALUES, PICKET
UNES AND PARADES IN PUBUC PLACES IN THE CI1Y, PROVIDING FOR REPEALER,
SEVERAIllUTY, CODIACATION AND EFFECTIVE DATE.
inquiries may be directed to the Police Departrrient (305) 673-7925.
at 11:45 a.m.: . . ._
AN ORDINANCE AMENDING CHAPTER 50 OF THE CITY OF MIAMI BEACH CODE ENmlED
"RRE PREVENTION AND PROTECTION", BY AMENDING SECTION 50-3 THEREOF,
ENTITlfD "PlANS EXAMINATION, INSPECTIONS, PERMRS" !IV DElETING SUBSECTIONS
50-3(A) THROUGH (N) IN TOTO AND REPLACING SAME WITH SUBSECTIONS 50-3(A)
THROUGH (V), AND BY AMENDING APPENDIX A THERETO, ENTiTLED "FEE SCHEDUlE";
BY PROVIDING FOR AN INCREASE IN PERMIT AND INSPECTION FEES FOR ARE PERMITS
AND FOR OTHER ARE DEPARTMENT ACTMTIES FOR SUBSECTIONS 50-3(A) THROUGH
(V); PROVIDING FOR REPEALER, SEVERABIUTY, CODlACATKlN, AND AN EFFECTIVE DATE.
Inquiries may be directed to the Rnancs Department (305) 673-7466.
INTERESTED PARllES are Invited to appear at this meeting, or be represan1lld by an
agent. or to 8lCpf'eSS their views in writing addressed to the City Commission, c/o the City
Clerf<, 1700 ConYentlon Center Drive, 1st Roor, City Hall, Miami Beach, Aorida 33139.oCopies of these ordinances are available for public inspection dUl1ng nonnaI busInass
hours in the CIty CIeik's Office, 1700 Convention Center 1lI1ve, 1st Floor, City Hall, Miami
Beach, FlorIda 33139. This meeting may be continued and undar such cicumstances
addllionallega/ notice would not be provided.
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Robert E. Parcher, CIty Clerk
City 01 Miami Beach
PunluInI10 SeaIon 286.0105, Aa. Stat., the CIty hereby edvI&es the P\dC 1I1al: W. person decIdea
10 appeaJ any decision made by the City Commission with reapect 10 any matter anJIdered at lIB
meeting ar IIBlJearIrG,auch _ must ansure that. verbatim rac:ord rf II1e procaedInga Is made,
which rac:ord Includes the lestImony ood evldenca upon which lie appeaJ Is 10 be b88ed. ll1ls noIIce
does not conaIItut8 _ by the CIty for the introduction ar lIlmIa8Ion of othetwiae lnadmlsalbla ar
rraIavent evIdanc8,nar does n authorize challenges or appeeJs not ~ ......., by law.
In acoonlance wtlh the Amencans wl1l1 DIsabilities Act of 1990, peraons -naedIng special
IICCOI11l1lOdat 10 pertJcIpate in this procaedlng, or to requeallnformatlon on accaoa for _
wtlh dIaebIlilIea, or 10 raquest this publication In accessible Ioonat, ar 10 raqueat sign Iquaga
inteqn\Bf5, should cootact the CIty CIelk's office at (305) 673-7411,110 Iatar thanflu daya 1lrior1o
the proc~. W hearing impaired, contact the CIty CIet1<'s ofIIce via lie FlorIda Relay ServIce
numbers, (800) 955-8771 (T1YJ ar (BOO) 955-8770 (VOICE).
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