R5O-RM-3 Oceanfront Setbacks for Detached Structures and ADA WalkwaysCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the setback requirements for detached
additions and ADA walkways for oceanfront properties within RM-3 zoning districts.
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 setback requirements for detached additions not
exceeding 25' in height, as well as required ADA walkways for 'Contributing' buildings, for oceanfront
properties located in the Architectural District and the RM-3 zoning district.
The Administration recommends: 1) accepting the recommendation of the Land Use and Development
Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a
Second Reading Public Hearing for April23, 2014.
Advisory Board Recommendation:
On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission
with a favorable recommendation by a vote of 7 to 0.
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 will be no measurable impact on the City's
budget.
C1ty Clerk's Office Leg1slat1ve Trackmg: I Thomas Mooney
Si n-Offs:
Department Director
T:IAGENDA\2014\March\RM-3 Oceanfront Setbacks-SUM First Read.docx
MIAMI BEACH 443
AGENDA IT EM ---L::'RL-S'-::Q:--:--:--
DATE 3-S"-I~
lD MIAMI BEACH '"'="'
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 31 39, www.miomibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City
FROM· Jimmy L Morales, City Manager
DATE: March 5, 2014 FIRST READING
SUBJECT: RM-3 Oceanfront Setbacks for Det ched Additions and ADA Walkways
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 II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-247 REGARDING SETBACKS
REQUIREMENTS FOR DETACHED ADDITIONS IN OCEANFRONT LOTS
LOCATED WITHIN THE MIAMI BEACH ARCHITECTURAL DISTRICT; BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS,"
BY AMENDING SECTION 142-1132 REGARDING AMERICANS WITH
DISABILITIES ACT (ADA) WALKWAYS AND RAMP STRUCTURES WITH
AWNINGS IN SIDE YARDS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) accepting the recommendation of the Land Use and
Development Committee via separate motion; and 2) approve the Ordinance at First
Reading and schedule a Second Reading Public Hearing for April 23, 2014.
BACKGROUND
On January 15, 2014, the City Commission referred a discussion item to the Land Use
and Development Committee, regarding the setback regulations for detached cabana
structures and ADA walkways, located within the Miami Beach Architectural District. The
City Commission also referred the item to the Planning Board.
On February 19, 2014, the Land Use and Development Committee reviewed the
proposed Ordinance. The committee recommended in favor of the reduction in the
required side setbacks for detached accessory structures for RM-3 properties located
within the Miami Beach Architectural District. However concerns were expressed
regarding the proposed reduction in the required rear setbacks. A combination of a
reduced percentage from the existing requirement (20% of the lot depth, 50 feet
minimum from the bulkhead line, whichever is greater), along with a minimum setback of
10 feet from the Oceanfront Overlay District, was discussed. The Land use and
Development Committee requested that the Planning Board review in particular the rear
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Commission Memorandum
Ordinance: RM-3 Oceanfront Setbacks
March 5, 2014
setback requirements and provide a recommendation.
Page 2 of 3
The LUDC was supportive of the requested modifications to allow reduced setbacks for
ADA ramps and walkways located within a required sideyard; however it was
recommended that an awning be provided where feasible, rather than required as part of
the walkway and ramp construction.
ANALYSIS
The subject Ordinance proposes to modify 2 separate sections of Chapter 142 of the
City Code. The first section addresses side and rear setbacks for detached additions for
RM-3 zoned Oceanfront lots within the Miami Beach Architectural District, and the
second section addresses allowable encroachments within required yards, by expanding
the list of allowable encroachments.
The first section of the proposed Ordinance would apply to all RM-3 zoned oceanfront
properties in the National Register Architectural District, which is composed of lots on
the east side of Collins Avenue from 161h Street to 21st Street. Detached structures are
considered a 'pedestal', if they are less than 50' in height. In accordance with the
setback requirements in the RM-3 district, the minimum interior and street side setbacks
for a detached pedestal addition are 7'-6" or 8% of lot width, whichever is greater. The
rear setback is 20% of lot depth or 50 feet from the bulkhead line whichever is greater.
For those portions of a property that lie within the Oceanfront Overlay (that area 50' west
of the bulkhead line), the minimum required setback from a side lot line is 15' and the
minimum required setback from the bulkhead line is 10'.
This proposal originated concurrently with a recently approved expansion project at the
Raleigh Hotel. Specifically, the minimum interior side setback requirements for certain
types of detached cabana structures, and associated accessibility ramps, are proposed
to be relaxed.
In this regard, the property owner of the Raleigh Hotel has very serious limitations on the
ability to add a modest amount of additional cabana areas at the rear of the property,
due to the location of the existing, historic hotel, as well as the existing pool, deck and
related ancillary structures. Because of the very high degree of historic and architectural
integrity associated with the existing structures on the subject site, relief from the
existing setback requirements was provided by variances granted by the Board of
Adjustment, in order to accommodate a modest expansion proposal at the rear of the
site. The proposed additions at the back of the property are being done in conjunction
with a detailed historic restoration of the larger site.
However, due to legal complications, the owner of the Raleigh Hotel has proposed a
code amendment in lieu of moving forward with the variances granted by the BOA.
Although not opposed to the concept of reducing setback requirements for small,
detached structures in the rear yard of oceanfront lots, further review and study may be
required regarding changes to the rear setback requirements. Oceanfront lots are also
subject to the requirements of the Oceanfront Overlay District and the Dune
Preservation Overlay District, and each district has strict regulations on the type of
construction permitted, permitted uses, as well as setbacks from both the side property
lines, bulkhead line and erosion control line. Although supportive of the concept of
relaxing the rear setback requirements, as noted in the Planning Department version of
the Ordinance, further study of the existing requirements, including existing and historic
site conditions, may be required in order to ensure that there are no unintended
consequences with the proposed reduction in the rear setback requirements.
445
Commission Memorandum
Ordinance: RM-3 Oceanfront Setbacks
March 5, 2014 Page 3 of 3
The second section of the proposed Ordinance is to expand upon the allowable
encroachments within required yards, to make additional accommodations for ADA
compliant walkways and ramps. In the Planning Department version of the Ordinance,
changes are recommended to allow expanded ADA access, while at the same time
leaving some room for a landscape buffer between the walkway and adjacent property.
Staff has also recommend that the encroachment into the setback for ADA walkways
and ramps be permitted when providing access to existing 'Contributing' structures only,
and that any connection to new additions comply with current code requirements for
ADA walkways and ramps.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File
No. 2166), and recommended approval by a vote of 7 to 0.
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.
CONCLUSION
The Administration recommends that the City Commission: 1) Accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) Approve the Ordinance at First Reading and schedule a Second Reading Public
Hearing for April23, 2014.
JLM/JMJfTRM
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RM-3 Oceanfront Setbacks for Detached Structures and ADA Walkways
ORDINANCE NO. ____ _
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 II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-247, "SETBACK REQUIREMENTS,"
REGARDING SETBACK REQUIREMENTS FOR DETACHED ADDITIONS
IN OCEANFRONT LOTS LOCATED WITHIN THE MIAMI BEACH
ARCHITECTURAL DISTRICT; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY
DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD
REGULATIONS," SECTION 142-1132, "ALLOWABLE ENCROACHMENTS
IN REQUIRED YARDS," REGARDING AMERICANS WITH DISABILITIES
ACT (ADA) WALKWAYS AND RAMP STRUCTURES WITH AWNINGS IN
SIDE YARDS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the as-built environment of historic structures in oceanfront lots in the
Miami Beach Architectural District restricts the developable area for additional hotel units;
and
WHEREAS, additional hotel units in oceanfront lots in the Miami Beach Architectural
District are an economic benefit to the City; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the oceanfront lots in the Miami Beach Architectural District;
and
WHEREAS, the location of existing historic and non-historic structures restricts the
area in the side yards for Americans with Disabilities Act (ADA) walkways and ramp
structures; and
WHEREAS, the Mayor and City Commission desire to provide adequate ADA
walkways and ramp structures throughout the City;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
II, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section
142-247 is hereby amended as follows:
Sec. 142-247. Setback requirements.
The setback requirements for the RM-3 residential multifamily, high intensity district are as
follows:
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Front Side, Side, Facing Rear
Interior a Street
At-grade 20 feet 5 feet, or 5% of lot 5 feet, or 5% Non-oceanfront
parking lot on width, whichever is of lot width, lots-5 feet
the same lot greater whichever is Oceanfront
greater lots-50 feet
from bulkhead
line
Subterranean 20 feet 5 feet, or 5% of lot 5 feet, or 5% Non-oceanfront
width, whichever is of lot width, lots-0 feet
greater. (0 feet if whichever is Oceanfront
lot width is 50 feet greater lots-50 feet
or less) from bulkhead
line
Pedestal 20 feet Sum of the side Sum of the Non-oceanfront
Except lots A and 1-yards shall equal side yards lots-1 0% of lot
30 of the Amended 16% of lot width shall equal depth
Plat Indian Beach Minimum-7.5 feet 16% of lot Oceanfront
Corporation or 8% of lot width, width lots-20% of lot
Subdivision and lots whichever is Minimum-depth, 50 feet
231-237 of the greater 7.5 feet or 8% from the
Amended Plat of First of lot width, bulkhead line
Ocean Front whichever is whichever is
Subdivision-50 feet greater greater
Tower 20 feet + 1 foot for The required Sum of the Non-oceanfront
every 1 foot increase pedestal setback side yards lots-15% of lot
in height above 50 plus 0.10 of the shall equal depth
feet, to a maximum of height of the tower 16% of the lot Oceanfront
50 feet, then shall portion of the width lots-25% of lot
remain constant. building. The total Minimum-depth, 75 feet
Except lots A and 1-required setback 7.5 feet or 8% minimum from
30 of the Amended shall not exceed 50 of lot width, the bulkhead
Plat Indian Beach feet whichever is llne whichever
Corporation greater is greater
Subdivision and lots
231-237 of the
Amended Plat of First
Ocean Front
Subdivision-50 feet
Notwithstanding the above, oceanfront lots located in the Miami Beach Architectural District
shall be permitted to construct detached additions at a height not to exceed 25 feet and shall
have setback requirements as follows:
Side, interior - 5 feet
Side. street - 5 feet
Rear -10% of lot depth or the western edge of the Oceanfront Overlay, whichever is greater
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Section 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article
IV, "Supplementary District Regulations," Division 4 "Supplementary Yard Regulations,"
Section 142-1132 is hereby amended as follows:
Sec. 142-1132. Allowable encroachments within required yards.
* * *
(o) Projections. In all districts, every part of a required yard shall be open to the sky,
except as authorized by these land development regulations. The following may
project into a required yard for a distance not to exceed 25 percent of the required
yard up to a maximum projection of six feet.
( 1) Belt courses.
(2) Chimneys.
(3) Cornices.
(4) Exterior unenclosed private balconies.
(5) Ornamental features.
(6) Porches, platforms and terraces (up to 30 inches above the elevation of the
lot, as defined in subsection 142-1 05(a)(1 )e.
(7) Roof overhangs.
(8) Sills.
(9) Window or wall air conditioning units.
(1 0) Bay windows (not extending floor slab).
(11) Walkways: Maximum three and one-half feet. May be increased to a
maximum of five feet for those portions of walkways necessary to provide
Americans with Disabilities Act (ADA) required turn around areas and spaces
associated with doors and gates. Walkways in required front yards and side
yards facing a street may exceed these restrictions when approved through
the design review or certificate of appropriateness procedures, as applicable,
and pursuant to chapter 118, article VI, of the City Code. Notwithstanding the
foregoing, when required to accommodate ADA access to an existing
'Contributing' building within a local historic district. or National Register
District. an ADA walkway and ramp may be located within a street side or
interior side yard, with no minimum setback. provided all of the following is
adhered to:
a. The maximum width of the walkway and ramp shall not exceed 44" and 5'-
0" for required ADA landings.
b. The height of the proposed ramp and landing shall not exceed the finished
first floor of the building(s).
c. The slope and length of the ramp shalt not exceed that which is necessary
to meet minimum Building Code requirements.
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Additionally, subject to the approval of the design review board or historic
preservation board. as applicable, an awning may be provided to protect
users of the ADA walkway and ramp from the weather.
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. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _______ , 20_.
ATTEST:
CITY CLERK
First Reading: March 5, 2014
Second Reading: April 23, 2014
Verified by:---------
Thomas Mooney, AICP
Acting Planning Director
Underscore denotes new language
I
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MAYOR