R5D-Minimum Unit Sizes For Historic Hotels And RM-2 Tower SetbacksCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the minimum unit size requirements for
existing, historic hotels, as well as the tower setback requirements for properties less than 60' in
height and located in the RM-2 district.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would modify the m1mmum unit size requirements for existing, historic
hotels, as well as the tower setback requirements for properties less than 60' in height and located in
the RM-2 district
The subject Ordinance was first reviewed by the City Commission on May 8, 2013. The Commission
referred the Ordinance to the Historic Preservation Board for their input.
The Administration recommends that the City Commission approve the Ordinance on First Reading
and set a Second Readin Public Hearin for Se tember 11, 2013.
Advisory Board Recommendation:
On April 3, 2013, the Planning Board transmitted the subject Ordinance to the City Commission by a
vote of 7-0.
On June 11, 2013, the Historic Preservation Board reviewed the subject Ordinance and
recommended approval.
Financial Information:
Source of Amount Account
Funds: 1
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. The proposed Ordinance is not expected to have any tangible fiscal
impact.
City Clerk's Office Legislative Tracking:
Richard Lorber or Thomas Mooney
S1 n-Offs:
Department Director
MIAMI BEACH 671
AGENDA ITEM R s D
DATE J-ll·l3>
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
FIRST READING
SUBJECT: Minimum Unit Sizes for Historic Hotels & RM-2 Tower Setbacks
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", BY AMENDING ARTICLE II, ENTITLED "DISTRICT
REGULATIONS", BY AMENDING DIVISION 3, ENTITLED "RESIDENTIAL
MULTIFAMILY DISTRICTS", BY AMENDING SECTION 142-155 TO
MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM SIZE FOR
HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING
SECTION 142-217 TO MODIFY THE REQUIREMENTS FOR MINIMUM
HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT;
BY AMENDING SECTION 142-218 TO MODIFY THE TOWER SETBACK
REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING SECTION
142-246 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL ROOM
SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING
FOR CODIFICATION; PROVIDING FOR REPEALER, SEVERABILITY AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing
for September 11, 2013.
BACKGROUND
At the June 13, 2012 Land Use Committee meeting, Planning Department staff
presented ideas for improving efficiency and reducing the costs and timeframes
associated with the Board review process. The Committee requested that staff bring
back a list of common variances that go to the Board of Adjustment.
At the July 25, 2012 Land Use Committee meeting, Planning Department staff presented
examples of variances that were fairly routine and common. These variances also
represented areas of the existing zoning code that could be modified to reduce the
number of applications that are required to go to the Board of Adjustment for public
hearing. Planning staff was instructed to bring the modifications necessary to reduce and
eliminate variances in these particular areas back to the Committee in Ordinance form.
672
Commission Memorandum
Historic Hotel Unit Sizes & RM-2 Tower Setbacks
July 17, 2013 Page 2 of 3
On January 23, 2013, Planning staff proposed three (3) separate Ordinances to the
Land Use Committee; these Ordinances pertained to
• RM-3 Accessory Use Signage
• Accessory Setback Encroachments
• Minimum Units Sizes for Historic Hotels and RM-2 Setback Requirements
Each of these proposed Ordinances was referred to the Planning Board by the Land Use
Committee on January 23, 2013 and by the City Commission on February 6, 2013.
ANALYSIS
Several unit size variances have recently been granted for historic hotels, which have
undergone extensive renovation, in the City Center and on the Oceanfront. When an
existing building is significantly renovated, the Code requires that the minimum hotel unit
size be met (3151330 sq. ft.). However, the existing room configuration in historic hotel
buildings is often under this minimum required room size. Variances are consistently
granted for these projects, as it is considered a true hardship, since the floor plates of
historic hotel buildings often cannot be easily reconfigured. The existing building's
pattern of windows match the room configuration, and the exterior of the historic building
cannot be altered by removing or rearranging window placement.
Also, in the MXE district (Ocean Drive and Collins Avenue between 5th and 15thl, a
smaller minimum room size of 200 square feet is permitted. The historic hotels outside
the MXE district are often similar in nature to those in the MXE. In order to address this,
the proposed Ordinance would permit the renovation of existing historic hotels without
the need for room size variances, as long as a minimum unit size of 200 square feet is
met.
As it pertains to tower setback requirements, the RM-2 residential multifamily, medium
intensity district is designed for medium intensity multiple-family residences. The
development regulations vary depending on what area of the City the RM-2 district is
located in, with the maximum height permitted ranging from six (6) stories I 60 feet to
fifteen (15) stories I 140'. Setbacks for buildings are divided into pedestal setbacks (the
first 50 feet of height) and tower setbacks (that portion of a building above 50 feet in
height). Any building that is proposed to be six stories is allowed to be at the required
pedestal setbacks for the first five stories, but the sixth story or top floor must be set
back to meet the tower setbacks.
The additional setback above 50' makes sense for taller buildings, and in the past the
RM-2 district allowed much taller buildings. However, almost all the six story buildings
built in the past years have sought and obtained variances for the sixth floor tower
setbacks, as it is much easier to design a building that goes straight up, rather than
setting back the uppermost floor to meet the different tower setback.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on April 3, 2013, and transmitted it
to the City Commission with a favorable recommendation by a vote of 7 to 0. The
Ordinance referred by the Land Use Committee proposed to retain the tower setbacks
as they are for all buildings higher than six stories, and allow buildings of six stories or
less to follow the pedestal setback all the way to the top. During the review of the
Ordinance, the Planning Board expressed some concerns with this proposal, as
recessing the top floor of a 6 story structure, in most instances, resulted in a better
dimensioned, and more appropriately massed building.
673
Commission Memorandum
Historic Hotel Unit Sizes & RM-2 Tower Setbacks
July 17, 2013 Page 3of 3
The Planning Board did agree that making the pedestal and tower setbacks uniform on
the interior side for buildings six (6) stories or less made sense, as these portions of the
structure are not as visible and the extra setback was only one (1 ')foot.
The Administration agrees with this approach, and would recommend that the City
Commission approve the Ordinance with this change.
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. The proposed Ordinance is not
expected to have any tangible fiscal impact.
UPDATE
On May 8, 2013, the subject Ordinance was considered by the City Commission at First
Reading. The Commission deferred action on the matter, and referred it to the Historic
Preservation Board for their input.
On June 11th, 2013, the Historic Preservation Board (HPB) reviewed the proposed
Ordinance, and adopted the attached Resolution supporting the legislation. The HPB also
recommended that the proposed ordinance be amended to provide for a maximum 20%
reduction in square footage for existing hotel units, in order to meet life safety requirements,
provided that all units are no less than 200 square feet.
Staff has no objections to the amendment recommended by the HPB, and has incorporated
it into the text of the Ordinance.
Additionally, the hotel units size portion of the subject Ordinance only applies to historic
district properties located within multi-family residential zoning districts (RM-1, 2 & 3). As a
number of historic district hotels are also located within commercial zoning districts (CD-1, 2
& 3), it is further recommended that the City Commission refer a similar Ordinance
Amendment to the Planning Board or the Land Use and Development Committee, which
would cover commercial properties.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for September 11, 2013.
The Administration also recommends that the Commission refer a separate Ordinance
Amendment, pertaining to historic district hotel unit sizes for those properties located within
commercial zoning districts (CD-1, 2 & 3), to the Planning Board or the Land Use and
Development Committee for consideration.
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CITY OF MIAMI BEACH
HISTORIC PRESERVATION BOARD
RESOLUTION
WHEREAS, the City of Miami Beach Historic Preservation Board is charged by
Ordinance as serving in an advisory capacity to the City Commission and other City Boards on
issues affecting the City's architecture, design, historic districts and structures; and
WHEREAS, the Historic Preservation Board strongly supports the efforts of the City to
promote and enhance its unique social and architectural history through increased education
and outreach as it pertains to the retention and preservation of structures throughout the City;
and
WHEREAS, the Historic Preservation Board strongly supports and encourages the
efforts of the City to maintain, preserve and protect its historic buildings and architecture as
valuable historical, educational and visual resources for its residents and visitors.
THEREFORE, it is hereby resolved that the Historic Preservation Board urges the City of
Miami Beach to adopt the proposed ordinance amending Chapter 142, Article II, Division 3 of
the City's Land Development Regulations regarding the Minimum Hotel Room Size for Historic
Hotels within the RM-1, RM-2 and RM-3 zoning districts, traveling under File No. 2107 and that
proposed ordinance be amended to provide for a maximum 20% reduction in square footage for
existing units in order to meet life safety requirements, provided that all units are no less than
200 square feet.
PASSED AND ADOPTED THIS 11th DAY OF JUNE, 2013.
675
William H. Cary
For the Chair
Historic Preservation Board
MINIMUM UNIT SIZES FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS
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, "ZONING DISTRICTS AND REGULATIONS," BY
AMENDING ARTICLE II, "DISTRICT REGULATIONS," BY AMENDING
DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS," BY AMENDING
SECTION 142-155 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY
AMENDING SECTION 142-217 TO MODIFY THE REQUIREMENTS FOR
MINIMUM HOTEL ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2
DISTRICT; BY AMENDING SECTION 142-218 TO MODIFY THE TOWER
SETBACK REQUIREMENTS WITHIN THE RM-2 DISTRICT; BY AMENDING
SECTION 142-246 TO MODIFY THE REQUIREMENTS FOR MINIMUM HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-3 DISTRICT;
PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to recall and promote its unique social
and architectural history, as well as further the dynamic character and attraction of hotels within
historic districts; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention,
preservation and restoration of hotel structures located within historic districts; and
WHEREAS, the City of Miami Beach desires to amend existing minimum unit size
requirements for existing hotels within historic districts; and
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. City Code Chapter 142, Article II, "District Regulations," Division 3, "Residential
Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low Intensity," is hereby
amended as follows:
Sec. 142-155.-Development regulations and area requirements
* * *
(b)The lot area, lot width, unit size and building height requirements for the RM-1 residential
multifamily, low density district are as follows:
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Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size BuildingHeight Number
(Square Width (Square Feet) (Square Feet) (Feet) of Stories
Feet) (Feet)
5,600 50 New construction-550 New Historic Historic
Non-elderly and elderly low construction-BOO district-40 district-4
and moderate income housing: Non-elderly and Flamingo Park Flamingo Park
See section 142-1183 elderly low and Local Historic Local Historic
Rehabilitated buildings-400 moderate income District-35 District-3
Hotel unit: housing: See section (except as (except as
15%: 300-335 142-1183 provided in provided in
85%: 335+ Rehabilitated section section
For contributing hotel buildings-550 142-1161 142-1161
structures, located within a Otherwise-50 Otherwise-5
local historic district or a
national register district, which
are renovated in accordance
with the Secretarv of the
Interior Standards and
Guidelines for the
Rehabilitation of Historic
Structures as amended,
retaining the existing room
configuration and sizes of at
least 200 sguare feet shall be
12ermitted. Additionall:i,
existing room configurations
fQr the above des~ribed hotel.
stru~t!J[!i\:fl ma~ be modifi~d tg
address !iQQlicabl~ Uf~·~afet~
regulations, Qrovided the 200
sguare feet minimum unit size
is maintained.
SECTION 2. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential
Multifamily Districts", Subdivision IV, "RM-2 Residential Multifamily Medium Intensity", is hereby
amended as follows:
Sec. 142-217.-Area requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Minimum Minimum Minimum Average Maximum Maximum
Lot Area Lot Unit Size Unit Size Building Number
(Square Width (Square Feet) (Square Feet) Height of Stories
Feet) (Feet) (Feet)
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7,000 50 New construction-550 New
Non-elderly and elderly low construction-BOO
and moderate income Non-elderly and
housing: See section 142·1183 elderly low and
Rehabilitated buildings-400 moderate income
Hotel unit: housing: See
15%: 300-335 section 142·1183
85%: 335+ Rehabilitated
For contributing hotel buildings-550
structures, located within a Hotel units-N/ A
local historic district or a
national register district,
which are renovated in
accordance with the
Secretary of the Interior
Standards and Guidelines for
the Rehabilitation of Historic
as amended,
* * *
Historic Historic
district-50 district-S
(except as (except as
provided in provided in
section section
142-1161 142-1161
Area bounded Area bounded
by Indian Creek by Indian
Dr., Collins Creek Dr.,
Ave., 26th St., Collins Ave.,
and 44th St.-75 26th St., and
Area fronting 44th St.-8
west side of Area fronting
Collins Ave. west side of
btwn. 76th St. Collins Ave.
and 79th St.-75 btwn. 76th St.
Otherwise-60 and 79th St.-8
Lots fronting Otherwise-6
Biscayne Bay Lots fronting
less than 45,000 Biscayne Bay
sq. ft.-100 less than
Lots fronting 45,000 sq.
Biscayne Bay ft.-11
over 45,000 sq. Lots fronting
ft.-140 Biscayne Bay
Lots fronting over 45,000 sq.
Atlantic Ocean ft.-15
over 100,000 sq. Lots fronting
ft.-140 Atlantic Ocean
over 100,000
sq. ft.-15
Sec. 142-218. -Setback requirements.
The setback requirements in the RM-2 residential multifamily, medium intensity district are as
follows:
Front Side, Side, Facing Rear
Interior a Street
At-grade parking 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront
lot on the same width, whichever is lot width, lots-5 feet
lot except where greater whichever is Oceanfront lots-50
(b) below is greater feet from bulkhead
applicable line
678
Subterranean 20 feet 5 feet, or 5% of lot 5 feet, or 5% of Non-oceanfront
width, whichever is lot width, lots-0 feet
greater. (0 feet if lot whichever is Oceanfront lots-50
width is 50 feet or greater feet from bulkhead
less) line
Pedestal 20 feet Sum of the side yards Sum of the side Non-oceanfront
Except lots A and 1-30 shall equal16% of lot yards shall equal lots-1 0% of lot
of the Amended Plat width 16% of lot width depth
Indian Beach Minimum-7.5 feet or Minimum-7.5 Oceanfront
Corporation Subdivision 8% of lot width, feet or 8% of lot lots-20% of lot
and lots 231-237 of the whichever is greater width, whichever depth, 50 feet from
Amended Plat of First is greater the bulkhead line
Ocean Front whichever is greater
Subdivision-50 feet
Tower 20 feet + 1 foot for every Same as Qedestal for Sum of the side Non-oceanfront
1 foot increase in height structures with a total yards shall equal lots-15% of lot
above 50 feet, to a height of 60' or less. 16% of the lot depth
maximum of 50 feet, then The required pedestal width Oceanfront
shall remain constant. setback plus 0.10 of Minimum-7.5 lots-25% of lot
Except lots A and 1-30 the height of the tower feet or 8% of lot depth, 75 feet
of the Amended Plat portion of the building. width, whichever minimum from the
Indian Beach The total required is greater bulkhead line
Corporation Subdivision setback shall not whichever is greater
and lots 231-237 of the exceed 50 feet
Amended Plat of First
Ocean Front
Subdivision-50 feet
SECTION 3. City Code Chapter 142, Article II, "District Regulations", Division 3, "Residential
Multifamily Districts", Subdivision v, "RM-3 Residential Multifamily High Intensity", is hereby
amended as follows:
Sec. 142-246. -Development regulations and area requirements.
* * *
(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 Maximum
Lot Area Lot Unit Size Unit Size Building Height Number
(Square Width (Square Feet) (Square Feet) (Feet) of Stories
Feet) (Feet)
7,000 50 New construction-550 New 150 16
Non-elderly and construction-800
elderly low and Non-elderly and Oceanfront lots-200 Oceanfront lots-22
moderate income elderly low and Architectural dist.: Architectural dist:
housing: See section moderate income New New
679
142-1183 housing: See construction-120; construction-13;
Rehabilitated section 142-1183 ground floor ground floor
bui ldi ngs-400 Rehabilitated additions (whether additions (whether
Hotel unit: buildings-550 attached or attached or
15%: 300-335 Hotel units-N/ A detached) to detached) to
85%: 335+ existing structures existing structures
For contributing hotel on oceanfront on oceanfront
structures, located lots-50 (except as lots-5 (except as
within a local historic provided in section provided in section
district or a national 142-1161 142-1161
register district,
which are renovated
in accordance with
the SecretarY of the
Interior Standards and
Guidelines for the
Rehabilitation of
Historic Structures as
amended, retaining
the existing room
configuration and
sizes of at least 200
sguare feet shall be
12ermitted.
As;ldJtjonall:i, th~.
exist]QgiQQm
configur~tjgnsfor the
;abov~ descri~~ghot~l
~tructures ma:tt?~=
modifi~dto address
.<'ipplica~J~.Jlfe~s~
regulations, RT9Yid~d
the 200 SQY~f~f~et
minimum unit size is
maintaioed.
SECTION 4. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
680
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading: July 17, 2013
Second Reading: September 11, 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Strike Thru denotes deleted language
Underscore denotes new language
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR E ~UTION
#..,..,•¢
Double Underscore denotes new language recommended by Historic Preservation Board
07/08/2013
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