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R5I-Rooftop Small Wind Turbines -Tobin-COMMISSION ITEM SUMMARY Condensed Title: Ordinance Amending Chapter 142 Of The City Code, "Zoning Districts And Regulations," Article II, "District Regulations," Division 2, RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts, By Amending The Height Regulation Exceptions To Permit Small Roof Wind Turbines Up To 10 Feet Above The Main Roofline; Amending Section 142-1161," To Permit Roof Wind Turbines Subject To Certain Restrictions And Conditions Key Intended Outcome Supported: . Maintain Strong Development Management Policies Supporting Data (Surveys, Environmental Scan, etc.): 48% of residents rate the effort to regulate development in the City as about the right amount. Issue: Should the City Commission amend the City Code to permit rooftop wind turbines to be used in single famil districts, as well as other zonin districts? Item Summary/Recommendation: FIRST READING Currently Section 142-105(e) of the Land Development Regulations does not specifically address wind turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet above the main roofline. Mechanical equipment also requires screening. In order for a small wind turbine to function properly, there needs to be some amount of clearance above the roof, especially if there is the standard 3'6" foot parapet surrounding a flat roof. Amending the code to specify rooftop wind turbines as an allowable height exception for single family homes, up to 1 0 feet above the main roofline, would permit these turbines to be installed by homeowners. This height should not have a negative effect on surrounding residential properties as long as the proper setback requirements are respected. With regard to multifamily and commercial buildings, the Code already permits similar rooftop accessory structures such as radio and cellular telephone antennas, water towers, and mechanical equipment. These may be up to 25 feet above the main roofline (with design review approval). Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and may encourage their use for supplementary power generation. The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the April 11, 2012 City Commission meeting .. Adviso Board Recommendation: At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-0 3 members absent recommended that the Cit Commission a rove the ordinance. Financial Information: Source of Amount Account Funds: 1 D 2 3 OBPI Total Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there may not be a measurable impact on the City's budget by enacting the proposed ordinance. City Clerk's Office Legislative Tracking: Richard Lorber I Mercy Lamazares Si MIAMI BEACH 423 DATE 3-21-12.. ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www. miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 21, 2012 FIRST READING SUBJECT: ROOFTOP SMALL WIND TURBINE 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 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the April 11, 2012 City Commission meeting. BACKGROUND September 14. 2011: the City Commission had a discussion regarding a change amendment to the Land Development Regulations of the City Code to address wind turbines and referred the matter to the Land Use and Development Committee at the request of Commissioner Tobin. September 21. 2011: the Land Use and Development Committee discussed this matter and moved to refer a proposed amendment to the LDRs to the Planning Board to consider legalization of wind turbines on rooftops in single-family homes and consider appropriate review, impact on noise and on neighborhood and consider appropriate number. October 19. 2011: the City Commission ratified this referral to the Planning Board. 424 City Commission Memorandum Small rooftop wind turbines March 21, 2012 ANALYSIS Page2 Currently Section 142-1 05( e) of the Land Development Regulations governs the permissible heights of accessory structures on rooftops of single family homes. The Code does not specifically address wind turbines, and as such, they have been categorized as "mechanical equipment" and limited to five feet above the main roofline. Mechanical equipment also requires screening. In order for a small wind turbine to function properly, there needs to be some amount of clearance above the roof, especially if there is the standard 3'6" foot parapet surrounding a flat roof. Since the existing interpretation as mechanical equipment limits the height to 5 feet above the roofline, this will not allow effective placement of these small turbines on roofs of homes. Other rooftop structures may be permitted to reach 1 0 feet in height above the main roofline, and this height would allow for efficient operation of rooftop wind turbines. Amending the code to specify rooftop wind turbines as an allowable height exception for single family homes, up to 10 feet above the main roofline, would permit these turbines to be installed by homeowners. This height should not have a negative effect on surrounding residential properties as long as the proper setback requirements are respected. Design review criteria would continue to apply. With regard to multifamily and commercial buildings, Section 142-1161 of the code already permits similar rooftop accessory structures such as radio and cellular telephone antennas, water towers, and mechanical equipment. These may be up to 25 feet above the main roofline (with design review approval). Adding rooftop wind turbines to this list of uses would also help clarify that these are permitted, and may encourage their use for supplementary power generation. Since the height permitted would be only 25 feet above the roofline, which would be similar in height to other permitted structures such as antennas or mechanical equipment, it would not be expected that wind turbines of this height would produce negative effects on neighboring properties, if properly engineered. Stand-alone wind turbines which require mounting on a tower are governed by existing zoning regulations for main building heights and setbacks, depending on the zoning district. No accessory use wind turbine tower could exceed the maximum allowable height of the district within which it is located, and would be subject to the same setbacks as the main building. No amendment to the code is anticipated to be required for this category. PLANNING BOARD At its January 24, 2012 meeting, the Planning Board reviewed the proposed ordinance and by a vote of 4-0 (3 members absent) recommended that the City Commission approve the ordinance with a limit of one wind turbine per property. FISCAL IMPACT In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there may not be a measurable impact on the City's budget by enacting the proposed ordinance. 425 City Commission Memorandum Small rooftop wind turbines March 21, 2012 CONCLUSION Page3 The Administration recommends that the City Commission approve the proposed ordinance on first reading and set a second reading public hearing for the April 11, 2012 City Commission meeting. Pursuant to Section 118-164(3) when a request to amend the land development regulations does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten 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 city commission may adopt the ordinance. An affirmative vote of five-sevenths of all members of the City Commission shall be necessary to enact any amendment to these land development regulations. t'CL JMG/JGG/RGL/ML T:\AGENDA\2012\3-21-12\rooftop small wind turbines memo.docx 426 ORDINANCE NO., _______ _ 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 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2, RS-1, RS-2, RS-3, RS-4 SINGLE- FAMILY RESIDENTIAL DISTRICTS, SECTION 142-105(e), "HEIGHT RESTRICTIONS," BY AMENDING THE HEIGHT REGULATION EXCEPTIONS TO PERMIT SMALL ROOF WIND TURBINES UP TO 10 FEET ABOVE THE MAIN ROOFLINE; AND AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5, "HEIGHT REGULATIONS," BY AMENDING SECTION 142-1161," TO PERMIT ROOF WIND TURBINES SUBJECT TO CERTAIN RESTRICTIONS AND CONDITIONS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, the Land Development Regulations (LDRs) of the City Code are designed to protect and preserve the environmental quality of the City's neighborhoods and to encourage and promote compatibility with the established neighborhood context; and WHEREAS, the Mayor and City Commission place a strong emphasis on and desire to seek a more sustainable and healthier "green" environment for its residents; and WHEREAS, the Mayor and City Commission have identified as a legitimate government purpose the promotion of an environmentally friendly and sustainable environment; and WHEREAS, the Mayor and City Commission have previously adopted an ordinance providing incentives for the construction of green/LEED certified buildings; and WHEREAS, the LDRs for single-family structures contain a list of exceptions in terms of height and location not to exceed ten feet above the roofline of the structure, but do not include small wind turbines; and WHEREAS, the height exception regulations in the LDRs for all districts, except single-family districts, contain a list of items such as elevator bulkheads, air conditioners and others, but do not include small wind turbines; and WHEREAS, permitting this type of use will not create an adverse impact on the general health and welfare of the residents of the City and is consistent with the public health, safety and welfare; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. 1 of 4 427 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," Division 2, "RS-1, RS-2, RS-3, RS-4, Single-Family Residential Districts," is hereby amended as follows: Sec. 142-105.-Development regulations and area requirements. (e) Height restriction. The height regulation exceptions contained in Section 142- 1161 shall not apply to the RS-1, 2, 3 and 4 zoning districts. The following exceptions shall apply, and unless otherwise specified in terms of height and location, shall not exceed ten feet above the roofline of the structure. In general, height exceptions that have not been developed integral to the design intent of a structure shall be located in a manner to have a minimal visual impact on predominant neighborhood view corridors as viewed from public rights-of-way and waterways. (1) Chimneys and air vents, not to exceed five feet in height. (2) Decks, not to exceed six inches above the main roofline and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below. (3) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, and covered structures, which are open on all sides, and are not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. (4) Radio and television antennas. (5) Parapet walls, not to exceed three and one-half feet above the maximum permitted height. (6) Stairwell and elevator bulkheads in general shall be located to be visually recessive such that they do not become vertical extensions of exterior building elevations located directly along required setback lines. SFRRP, historic preservation board or design review board, approval as applicable, shall be required when the bulkhead's proximity to a property line is closer than 125 percent of the depth of the nearest setback yard(s). Depth shall be measured perpendicular from the property line. (7) Skylights, not to exceed five feet above the main roof line. (8) Air conditioning and mechanical equipment not to exceed five feet above the main roof line and may be required to be screened in order to ensure minimal visual impact as identified in the general section description above . .{ID Rooftop wind turbines. not to exceed 1 0 feet above the main roofline. When any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flag poles which are subject to section 138-72). Section 2. That Section 142-1161, "Height regulation exceptions," is hereby amended as follows: 2 of4 428 For all districts, except RS 1, 2, 3 and 4, (single-family residential districts). (a) The height regulations as prescribed in these land development regulations shall not apply to the following when located on the roof of a structure or attached to the main structure. For exceptions to the single-family residential districts, see subsection 142-105(d). (1) Air-conditioning, ventilation, electrical, plumbing equipment or equipment rooms. (2) Chimneys and air vents. (3) Decks, not to exceed three feet above the main roof line and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below. (4) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below. (5) Elevator bulkheads or elevator mechanical rooms. (6) Flagpoles subject to the provisions of section 138-72 (7) Parapet walls, not to exceed 3% feet above the main roof line unless otherwise approved by the design review board up to a maximum of 25 feet in height. (8) Planters, not to exceed three feet in height above the main roof line. (9) Radio, television, and cellular telephone towers or antennas, and rooftop wind turbines. (1 0) Stairwell bulkheads. (11) Skylights, not to exceed five feet above the main roof line. (12) Stage towers or scenery lofts for theaters. (13) Swimming pools, whirlpools or similar structures, which shall have a four- foot wide walkway surrounding such structures, not to exceed five feet above the main roof line. (14) Trellis, pergolas or similar structures that have an open roof of cross rafters or latticework. (15) Water towers. (b) The height of all allowable items in subsection (a) of this section, unless otherwise specified, shall not exceed 25 feet above the height of the roof line of the main structure for districts that have a height restriction. In a district that does not have a height restriction, the height of any of the above items shall be determined by the design revie·.v board or joint design revie'N board/historic preservation board, as applicable, based upon the design criteria found in chapter 118, article VI (and chapter 118, article X, if applicable), of these land development regulations. When any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flag poles which are subject to section 138-72). In a district that does not have a height restriction, the height of any of the above items, when freestanding, shall be determined by the design review board (or joint design revie•N/historic preservation board '.\1hen located 'Nithin a local historic district or historic site), based upon the design criteria found in chapter 118, article VI (and chapter 118, article X), as applicable) of these land development regulations. 3 of4 429 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 re- numbered or re-lettered 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 __ day of _____ 2012. ATTEST: CITY CLERK MAYOR APPROVED AS TO FORM AND LANGUAGE ~-2/D FOR EXECUTION ~ yj;(-Date First Reading: Second Reading: Verified By: ------------ Richard G. Lorber, AICP Acting Planning Director Underline= new language Strikethrough = deleted language T:\AGENDA\2012\3-21-12\Small rooftop wind turbines ord.docx 4 of4 430