R5Z-Rooftop Additions in Morris Lapidus-Mid-20th Century Historic District -WeiCOMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% ot residential respondents and 55% of
businesses rate the effort put forth by the Citv to is "about the riqht amount."
Condensed Title:
First Reading to consider an Ordinance Amendment pertaining to allowable roof top additions located
within the Morris Lapidus Local Historic District.
Board Recommendation:
AGENDA rrEM flSz
Item Summary/Recommendation :
FIRST READING
The proposed Ordinance would increase the maximum number of stories and allowable height of roof-
top additions within the Morris Lapidus Local Historic District.
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 June 11,2014.
On May 5,2014, the Planning Board recommended approval of the subject Ordinance by a vote of 7
to 0.
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln 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
budqet.
Thomas Mooney
T:\AGENDA\20'14\May\Roof Top Additions Lapidus - SUM First Read.docx
E MIAMIBEACH DATE
583
4 MIAMIBEACH
SUBJECT: RooftopAdditions
the Morris Lapidus
City of Miomi Beoch, 1 Z0O Conveniion Cenier Dr ve, Miomi Beoch, Florido 331 39, www miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: May 21 ,2Q14
of more than
FIRST READING
for Gontributing Buildings in
Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
oF MtAMt BEACH, FLORIDA, By AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS,'' BY AMENDING ARTIGLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION '1.42-1161, "HEIGHT
REGULATIONS EXCEPTIONS", BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE MORRIS
LAPIDUS/MID.zOTH CENTURY HISTORIG DISTRICT TO ALLOW
ADDITIONAL STORIES; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS,'' BY AMENDING ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS,''
SUBDIVISION V "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSIW,''
BY AMENDING SECTION '142-247, "SETBACK REQUIREMENTS'" BY
MODIFYING THE SETBACK REQUIREMENTS FOR ROOFTOP ADDITIONS
IN THE MORRIS LAPIDUS/MID-2OTH CENTURY HISTORIC DISTRIGT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMM ENDATION
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 June 11,2014.
BACKGROUND
On February 12, 2014, at the request of Commissioner Joy Malakoff, the City
Commission referred a discussion item to the Land Use and Development Committee
pertaining to rooftop additions of more than one-story for Contributing buildings in the
Morris Lapidus / Mid 20th Century Historic District. On March 19,2014, the Land Use and
Development Committee referred the proposed Ordinance Amendment to the Planning
Board.
On April 8,2014, the Historic Preservation Board reviewed the proposed Ordinance with
a recommendation that the City Commission adopt the Ordinance amendment. At the
same meeting the HPB approved a 2-story roof{op addition to the Versailles tower of
the Fontainebleau Hotel, with the issuance of a Building Permit conditioned upon the
584
Commission Memorandum
Ordinance - Roof-Top Additions in Morris Lapidus District
May 21, 2014 Page 2 of 2
final adoption of the proposed Ordinance amendment by the City Commission (HPB File
No.7421).
ANALYSIS
Currently, the Land Development Regulations of the City Code restrict rooftop additions
to one story with a maximum floor to ceiling height of 12 feet in all of the City's historic
districts except for the Collins Waterfront Historic District and North Beach Resort
Historic District. The proposed ordinance amendment would permit rooftop additions in
the Morris Lapidus Mid-2Oth Century Historic District based upon the current
requirements for Collins Waterfront Historic District, except with a higher floor to ceiling
heights
Modifications to the setback requirements for such rooftop additions are also proposed
within the Morris Lapidus Historic District, which would allow the setbacks of any addition
to follow any non-conforming interior side setback, subject to the review and approval of
the Historic Preservation Board.
PLANNING BOARD REVIEW
On May 5, 2014, the Planning Board transmitted the proposed Ordinance to the City
Commission with a favorable recommendation by a vote of 7 to 0 (PB File No. 2172).
FISCAL IMPACT
ln 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.
SUMMARY
The subject Ordinance allows for more flexibility in terms of distributing permitted FAR
on top of larger buildings located within the Morris Lapidus Historic District. As most of
the architecture within this district consists of larger, multi-family buildings, the proposed
allowable stories for roof-top additions is not expected to adversely impact the
established scale, character and context of the district.
CONCLUSION
The Administration recommends that the City Commission:1) Accept the recommendation of the Land Use and Development
separate motion, and
2) Approve the Ordinance at First Reading and schedule a Second
HeaHgfor June 11,2014.
JLr\t}l,flRM
T:lAGENDAUo14\May\Roof Top Additions Lapidus - MEt\I First Read.docx
Committee via
Reading Public
585
Rooftop Additions in Morris Lapidus / Mid 20th Century Historic District
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVtStON 5,,HEIGHT
REGULATIONS,'' BY AMENDING SECTION 142.1161, "HEIGHT
REGULATIONS EXCEPTIONS", BY MODIFYING THE PROHIBITION OF
ROOFTOP ADDITIONS OF MORE THAN ONE STORY IN THE MORRIS
LAPIDUS/MID-2OTH CENTURY HISTORIC DISTRICT TO ALLOW ADDITIONAL
STORIES; BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULAT|ONS," BY AMENDING ARTIGLE II, "DISTRICT REGULATIONS,"
DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION V
"RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY,'' BY AMENDING
SECTION 142-247, "SETBACK REQUIREMENTS", BY MODIFYING THE
SETBACK REQUIREMENTS FOR ROOFTOP ADDITIONS IN THE MORRIS
LAPIDUS/MlD-2OTH CENTURY HISTORIC DISTRICT; PROVIDING FOR
CODIFIGATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City Code provides for the regulation of rooftop additions in Historic
Districts ; and
WHEREAS, the Historic Preservation Board, at its meeting dated April 8, 2014 by a vote
of 6-0 recommended in favor of the Ordinance; and
WHEREAS, the Planning Board, at its meeting dated May 5, 2014, by a vote of 7-0
recommended in favor of the Ordinance; and
WHEREAS, the Mayor and City Commission deem that it is in the best interest of
historic preservation within Miami Beach to amend the Land Development Regulations of the
City Code related to future rooftop additions in the Morris Lapidus / Mid 20th Century Historic
Distirct; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary
District Regulations,' Division 5, "Height Regulations," Section 142-1161, "Height Regulation
Exceptions", is hereby amended to read as follows:
Sec. 142-1 161. Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
586
(d) Rooftop additions.
(3) Collins Waterfront Histoic Distict and Monis Lapidus/Mid-20th Centurv Historic
District. Notwithstanding the foregoing provisions of subsection 142-1 161(d)(2), certain types
of existing structures located within the Collins Waterfront Historic District and the Morris
Lapidus/Mid-20th Centurv Historic District may be permitted to have habitable rooftop
additions (whether attached or detached) according to the following requirements:
a. Height of rooftop additions permitted for structures of five stories or less:
1. Existing buildings of five or less stories may not have more than a one
story rooftop addition, in accordance with the provisions of subsection
142-1161(d)(2). Additionallv, at the discretion of the historic preservation
board. the maximum floor to ceilinq heiqht mav be increased to 15 feet
within the Morris Lapidus/Mid-20th Centurv Historic District.
of rooftop additions permitted for hotel structures of greater than five
For those structures determined to be eligible by the historic
b. Height
stories:
1.
preservation board for rooftop additions of greater than one story in
height according to the provisions of subsection c. below, one story is
allowed per every three stories of the existing building on which the
addition is to be placed, to a maximum of four additional rooftop addition
stories, with a maximum floor to floor height of 12 feet, and a maximum
floor to roof deck height of 12 feet at the highest new story. The
additional stories shall only be placed on the underlying structure creating
the eligibility for an addition. Additionallv, at the discretion of the historic
preservation board. the maximum floor to ceilino heiqht mav be increased
to 15 feet within the Morris Lapidus/Mid-2O1h Centurv Historic District, for
up to 2 floors of a permitted roof-top addition.
2. Rooftop additions permitted under this subsection, which are greater
than one story, shall be for the sole purpose of hotel unit development. A
restrictive covenant in a form acceptable to the city attorney committing
the property to such hotel use, subject to release by the historic
preservation board when such board determines that the restriction is no
longer necessary, shall be recorded prior to the issuance of any building
permit for a rooftop addition greater than one story.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division Section 3, "Residential Multifamily Districts,", Subdivision V, 'RM-3
Residential Multifamily, High lntensity", Section 142-1247, "Setback Requirements', is hereby
amended as follows:
587
Sec. 1 42-247. Setback requirements.
(a) The setback requirements for the RM-3 residential multifamily, high intensity district are as
follows:
Front Side,
lnterior
Side, Facing
a Street
Rear
At-grade
parking lot on
the same lot
20 feet 5 feet, or 5% of lot
width, whichever is
greater
5 feet, or 5% of
lot width,
whichever is
greater
Non-oceanfront
lots-s feet
Oceanfront lots-
50 feet from
bulkhead line
Subterranean 20 feet 5 feet, or 5% of lot
width, whichever is
greater. (0 feet if lot
width is 50 feet or less)
5 feet, or 5% of
lot width,
whichever is
greater
Non-oceanfront
lots-O feet
Oceanfront lots-
50 feet from
bulkhead line
Pedestal 20 feet
Except lots A and 1-30 of
the Amended Plat lndian
Beach Corporation
Subdivision and lots 231-
237 of the Amended Plat of
First Ocean Front
Subdivision-50 feet
Sum of the side yards
shall equal 16% of lot
width
Minimum-7.5 feet or
8% of lot width,
whichever is greater
Sum of the side
yards shall
equal 16% of
lot width
Minimum-7.5
feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots-'l0% of lot
depth
Oceanfront lots-
20% of lot depth,
50 feet from the
bulkhead line
whichever is
greater
Tower 20 feet + 1 foot for every 1
foot increase in height
above 50 feet, to a
maximum of 50 feet, then
shall remain constant.
Except lots A and 1-30 of
the Amended Plat lndian
Beach Corporation
Subdivision and lots 231-
237 of the Amended Plat of
First Ocean Front
Subdivision-50 feet
The required pedestal
setback plus 0.'10 of
the height of the tower
portion of the building.
The total required
setback shall not
exceed 50 feet
Sum of the side
yards shall
equal 16% of
the lot width
Minimum-7.5
feet or 8% of
lot width,
whichever is
greater
Non-oceanfront
lots-15% of lot
depth
Oceanfront lots-
25% of lot depth,
75 feet minimum
from the bulkhead
line whichever is
greater
(b) ln the Morris Lapidus/Mid-20th Centurv Historic District the followinq shall aoplv:
588
(1) Rooftop additions, whether attached or detached. mav follow the established lines of the
interior side setbacks of the existinq structure on the site. subiect to the review of the historic
preservation board.
SEGTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith
be and the same are hereby repealed.
SECTION 4. 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 5. Severability.
lf 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 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
First Reading:
Second Reading:
May 21,2014
June 11,2014
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language.
Strikethreugh denetes deleted language.
T:\AGENDA\2014\May\Roof Top Additions Lapidus - ORD Flrst Read.docx
589
THIS PAGE INTENTIONALLY LEFT BLANK
590
R7
RESOLUTIONS
591