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93-20940 Reso RESOLUTION NO. 93-20940 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF ' THE CITY OF MIAMI BEACH, FLORIDA, CALLING A PUBLIC HEARING TO CONSIDER ADOPTING AN AMENDMENT TO COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY AMENDING SECTION 5, ENTITLED "GENERAL PROVISIONS", AMENDING SUBSECTION 5-11, ENTITLED "ROOF REPLACEMENTS" BY PERMITTING THE DESIGN REVIEW BOARD AND/OR HISTORIC PRESERVATION BOARD TO APPROVE CERTAIN ROOF MATERIALS FOR REPLACEMENT OR NEW CONSTRUCTION OF PITCHED ROOFS AND PROHIBITING THE USE OF ASPHALT SHINGLES ON NEW CONSTRUCTION; AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD", AMENDING SUBSECTION 18-2, ENTITLED ',DESIGN REVIEW PROCEDURES", ALLOWING REVIEW OF ROOF MATERIALS FOR SINGLE FAMILY DWELLINGS BY THE DESIGN REVIEW BOARD. WHEREAS, the City's Planning, Design and Historic Preservation Division has recommended that Section 5, entitled "General Provisions" of the City's Comprehensive Zoning Ordinance No. 89- 2665 be amended by amending Subsection 5-11, entitled "Roof Replacements" by permitting the Design Review Board and/or Historic Preservation Board to approve certain roof materials for replacement or new construction of pitched roofs and prohibiting the use of asphalt shingles on new construction; amending Section 18, entitled "Design Review Board", amending Subsection 18-2, entitled "Design Review Procedures" , allowing review of roof materials for single family dwellings by the Design Review Board; providing for inclusion in the Zoning Ordinance; providing for a repealer; providing for severability; and providing for an effective date; and WHEREAS, on September 28, 1993 the City's Planning Board held a public hearing regarding the proposed amendment, after which the Board voted 7 to 0 in favor of the amendment; and WHEREAS, pursuant to Section 14. of Zoning Ordinance No. 89- 2665, the proposed amendment must now be considered by the City Commission at public hearings. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider an ordinance amending Comprehensive Zoning Ordinance No. 89-2665 by amending Section 5, entitled "General Provisions", amending Subsection 5-11, entitled "Roof Replacements" by permitting the Design Review Board and/or Historic Preservation t i Board to approve certain roof materials for replacement or new construction of pitched roofs and prohibiting the use of asphalt shingles on new construction and amending Section 18, entitled "Design Review Board", amending Subsection 18-2, entitled "Design Review Procedures", allowing review of roof materials for single family dwellings by the Design Review Board is hereby called to be held before the City Commission in its chambers on the Third Floor of City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on November 17 , 1993 beginning at, 5:25 p .m. , and the City Clerk is hereby authorized and directed to publish appropriate Public Notice of the said. Public Hearings in a newspaper of general circulation in the City of Miami Beach, at which time and place all interested parties will be heard. PASSED and ADOPTED this 20th day of October , 1993. ATTEST: MAYOR CITY CLERK SWS:scf:disk5\roof rep.res FORM APPROVED LEGAL DEPT. By Date IS-S 3 2 i • I r CITY OF MIAMI BEACH • CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 • OFFICE'OF THE CITY MANAGER TELEPHONE: (305) 673-7010 • FAX: (305) 673-7782 • COMMISSION MEMORANDUM NO. ��~ � TO: Mayor Seymour Gelber and DATE:OCTOBER. 20, 1993 Members of the City Commission • FROM: Roger M. Ca'rlto City Manager • SUBJECT: AMENDMENTS TO ZONING ORDINANCE 89-2665 REGARDING ROOF MATERIALS FOR REPLACEMENT OR NEW CONSTRUCTION OF PITCHED - • ROOFS - SETTING OF PUBLIC HEARING ADMINISTRATION RECOMMENDATION • The City Administration recommends that the City Commission set a first reading public hearing on the attached ordinance amending Zoning Ordinance 89-2665 for November 17, 1993 at- a time certain. • BACKGROUND The City Administration is requesting the consideration of two amendments to the current Zoning Ordinance regarding roof materials . for pitched roofs. • • The first • amendment would allow the Design Review • Board and/or • . Historic Preservation. Board to approve appropriate' roof materials • for replacement of. existing 'roofs or construction of new pitched roofs-. The use of asphalt shingles for new construction of pitched roofs would be •prohibited. . The second proposed amendment would allow the. Design Review Board to review roof materials, other than barrel tile or flat cement tile, for Single Family Dwellings city wide. Subsection 5-11, entitled "Roof Replacements", of the current . Zoning Code requires in all districts, that the " repair or replacement of. a barrel tile or cement tile roof shall be of a like material. Existing asphalt shingle, wooden shingle, slate or metal roofs that .were built with a valid building • permit are • also permitted to be repaired or replaced with a. 'like' material. However, in this regard, the current code is vague. The existing ordinance further states that new construction of pitched roofs shall only be comprised of barrel tile or cement tile materials. Flat roofs may be repaired, replaced or constructed with any material, partly because a flat roof is not visible from the street (usually behind a parapet) and the South Florida Building Code prohibits the use of tile for flat roofs. The Planning Board, at its meeting of September 28, 1993, voted 6-0 (one abstention) to recommend in favor of the proposed amendments. ANALYSIS • Since the Design Review Board already reviews projects for their • compliance with Design. Standards and compatibility with the existing architecture of not only the individual. structure, but 114 also in - relationship to the context of the neighborhood within which the project is proposed, it is reasonable to assume that the AGENDA Q 1_ E ITEM �� \\ DATE l 0 -2O'9 3 Design Review Board has the expertise and wisdom to decide the appropriate roof materials for existing buildings and proposed new construction.The intent of the current wording in the Zoning Ordinance was an attempt to safeguard property values and the aesthetic character of existing single family residences by prohibiting the replacement of existing flat tile or barrel tile roofs with asphalt shingle, gravel or rolled shingle material. Multi-family and commercial buildings, although already subject to the Design Review process, must also abide by the same restrictions. Currently single family dwellings are exempt from the Design Review guidelines, unless they are located within a Historic District which requires constructions plans to be reviewed by the joint Design Review/Historic Preservation Board. In recent months there have been design applications instances where the use of alternate roof materials may not only be visually pleasing, but also a favorable design feature for the structure. A case in point is the construction of the Harbor Master building at the Miami Beach Marina. The Design Review Board has already approved the pitched roof with a standing, metal seam roof that is not only functional, but also a desirable design feature of the building. The project is scheduled to be heard by the City Commission to waive the requirements of subsection 5-11, to avoid a variance application. Another instance involved the construction of a new, waterfront single family residence that proposed the use of a pitched metal seam roof. Although the metal roof was architecturally compatible with the structure, the home owner was forced to change the roof material to barrel tile to avoid a variance hearing that would have delayed construction by up to three months. At present, the Zoning Board of Adjustment hears all requests to waive the requirements of subsection 5-11. As new forms of• architecture are introduced to Miami Beach, along with new technology relative to materials, it is necessary that architects have more flexibility in the design of their buildings. The use of standing seam metal, slate, glass, cedar shingles and any other unforeseen materials may all be appropriate alternatives for roofing surfaces, depending upon the architecture of a structure. CONCLUSION Because the proposed amendments involve Design issues, the Administration believes the amendments are necessary in order to allow the review of roof materials to be conducted by the appropriate board with the greatest expertise and ability to offer alternative materials for construction. The Design Review Board and/or Historic Preservation Board are best suited for this task. Therefore, the Administration has concluded that the City Commission should proceed to set a public hearing on these amendments. DJD:MHL:al cc: John Delagloria, Chief Deputy City Attorney Attachment 115 PB(disk *2):1157cce.93 2