Ordinance 2022-4501 Rooftop Additions in the CD-3 District
ORDINANCE NO. 2022-4501
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, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING
SECTION 142-1161, ENTITLED "HEIGHT REGULATION EXCEPTIONS," TO
MODIFY THE REGULATIONS GOVERNING ROOFTOP ADDITIONS; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment of existing historic structures in the area zoned CD-3 that is bounded
by Collins Avenue on the east, Drexel Avenue on the west, 16 Street on the south, and 17 Street
on the north; and
WHEREAS, thoughtfully designed additions to historic structures in this area will
contribute to the economic vitality of the Lincoln Road pedestrian mall and the Miami Beach
Convention Center; and
WHEREAS, the Mayor and City Commission desire to incentivize the preservation of, and
improvements to, historic structures in this area of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article IV, "Supplementary
District Regulations," Division 5, "Height Regulations," Section 142-1161 is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* *
ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS
* * *
DIVISION 5. HEIGHT REGULATIONS
Sec. 142-1161. Height regulation exceptions.
* * *
(d) Rooftop additions.
* * *
) CD-3 zoned parcels in the area bounded by Collins Avenue on the east, Drexel
Avenue on the west, 16 Street on the south, and 17 Street on the north.
Notwithstanding the provisions of subsection (d)(2), the following shall be
permitted for existing structures on sites zoned CD-3 in the area bounded by
Collins Avenue on the east, Drexel Avenue on the west, 16th Street on the south,
and 17th Street on the north: multistory habitable rooftop additions (whether
attached or detached) not to exceed the maximum permitted building height.
(-7--)LED Design and appropriateness guidelines. In determining if existing structures are
eligible for rooftop additions, the historic preservation board, in addition to any and
all other applicable criteria and guidelines contained in these land development
regulations, shall consider whether:
*
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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.
SECTION 5. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 02° day of I , 2022.
ATTEST:
Dan Gelber, Mayor
JUL 2 5 2022
Rafael E. Granado, City Clerk - !.B. q APPROVED AS TO
FORM AND LANGUAGE
s & FOR EXECUTION
IHCORP ORATED1 's
6 3-
H City Attorney OV._ Date
First Reading: June 22, 2022
Second Reading: July 20 20
V1114.Th
Verified By:
Thomas R. Mooney, AICP
Planning Director
T:Wgenda\2022\6_June 2022\Planning\Roof Top Additions in CD3 District-First Reading ORD.docx
2
Ordinances-R5 A
MIAMIBEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: July 20, 2022
10:05 a.m. Second Reading Public Hearing
SUBJECT: ROOFTOP ADDITIONS IN THE CD-3 DISTRICT
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, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY
AMENDING SECTION 142-1161, ENTITLED "HEIGHT REGULATION
EXCEPTIONS," TO MODIFY THE REGULATIONS GOVERNING ROOFTOP
ADDITIONS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On May 4, 2022, the City Commission referred the subject Ordinance to the Land Use and
Sustainability Committee(LUSC) and the Planning Board (C4S). The sponsor of the proposal
is Commissioner Ricky Arriola. The LUSC is scheduled to discuss the proposal on June 1,
2022.
BACKGROUND
The Gale Hotel, which is a contributing structure and located in the Museum Local Historic
District, is seeking to add a rooftop addition. The hotel has an existing roof-top addition, which
was approved a few years ago.
ANALYSIS
PLANNING ANALYSIS
Currently, existing structures located within the Museum Local Historic District are permitted to
have a single story, habitable rooftop addition. The proposed Ordinance amends Section 142-
1161 of the LDR's, pertaining to height regulation exceptions, to allow existing structures on
sites zoned CD-3 in the area bounded by Collins Avenue on the east, Drexel Avenue on the
west, 16th Street on the south, and 17th Street on the north may be permitted to have multistory
habitable rooftop additions not to exceed the maximum permitted building height.
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Any proposed rooftop addition to a building located within the Museum Historic District, whether
a single story or multistory addition, requires a certificate of appropriateness from the historic
preservation board. As such, the historic preservation board will have full discretion regarding
the height, placement and design of any proposed rooftop addition that consists of multiple
levels. Considering the requirement for a certificate of appropriateness from the historic
preservation board,,the Administration is supportive of the proposed Ordinance,as it will provide
more flexibility for additions to existing buildings.
PLANNING BOARD REVIEW
The Planning Board is held a public hearing on June 21, 2022 and transmitted the Ordinance to
the City Commission with a favorable recommendation(6-1).
UPDATE
The subject.Ordinance was approved at First Reading on June 22,2022.
SUPPORTING SURVEY DATA
Enhance Hotel Development
FINANCIAL INFORMATION
No Fiscal,Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?,
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
❑ Ordinance
Page 578 of 1502