R5F-Rooftop Additions In Morris Lapidus-Historic District -Weithorn-COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment pertaining to allowable roof top additions
located within the Morris Lapidus Local Historic District.
lntended Outcome Su
AGENDA '"" fi SF
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate ment is ''about the riqht amount.''
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would increase the maximum number of stories and allowable height of roof-
top additions within the Morris Lapidus Local Historic District.
On May 21 ,2014 the City Commission: 1) accepted the recommendation of the Land Use and
Development Commiftee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for June 11,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On May 5,2014, the Planning Board recommended approval of the subject Ordinance by a vote of 7
to 0.
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long{erm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budoet.
Clerk's Office islative Tracki
Thomas Mooney
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E MIAMIBEACH DAIE b-t l- lq377
E MIAMIBEACH
€ity of Miomi Beqch, 1700 Convention Center Drive, Miomi Beoch, Florido 331 39, www. miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members of
FRoM: Jimmy L. Morales, City Manager
DATE: June 11, 20'14
SUBJECT: Rooftop Additions of more
the Morris Lapidus Historic
than ry for Gontributing Buildings in
District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE C]TY
OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS,'' DIVISION 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 GENTURY HISTORIC DISTRICT TO ALLOW
ADDITIONAL STORIES; BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING ARTICLE II, "DISTRICT
REGULAT|ONS," DtVtStON 3 "RESIDENT|AL MULT|FAM|Ly DISTRIGTS,"
SUBDIVISION V "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENS!fi,"
BY AMENDING SECTION 142-247, "SETBACK REQUIREMENTS", BY
MODIFYING THE SETBACK REQUIREMENTS FOR ROOFTOP ADDITIONS
IN THE MORRIS LAPIDUS/MID.2OTH CENTURY HISTORIC DISTRICT;
PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMlNISTRATION RECOMMEN DATION
The Administration recommends that the City Commission adopt the Ordinance.
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-top addition to the Versailles tower of
the Fontainebleau Hotel, with the issuance of a Building Permit conditioned upon the
final adoption of the proposed Ordinance amendment by the City Commission (HPB File
No.7421).
Citv Coy'nmission
--o[--
READING - PUBLIC HEARING
378
Commission Memorandum
Ordinance - Roof-Top Additions in Morris Lapidus District
June 11,2014 Page 2 of 2
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-20th 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.
On May 21,2014, the subject Ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM
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379
Rooftop Additions in Morris Lapidus / Mid 20th Century Historic District
oRDtNANCE NO._
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLOR|DA, By AMENDING CHAPTER 142, ,,ZONING
DISTRIGTS AND REGULATIONS," BY AMENDING ARTICLE IV,..SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 5 "HEIGHT
REGULATIONS," BY AMENDING SECTION 142-1161, "HEIGHT
REGULATIONS EXGEPTIONS'" 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
REGULATIONS,'' BY AMENDING ARTICLE II, "DlSTRlCT REGULATIONS,"
DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION V..RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," BY AMENDING
sEcTloN 142-247, "SETBACK REQUIREMENTS", By MOD|FYING THE
SETBAGK REQUIREMENTS FOR ROOFTOP ADDITIONS IN THE MORRIS
LAPIDUS/MlD-2OTH CENTURY HISTORIC DISTRICT; PROVIDING FOR
GODIFIGATION; 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 !T DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF M]AMI BEAGH, FLORIDA, AS FOLLOWS:
SECT|ON 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. 142-1161. Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
380
(d) Rooftop additions.
(3) Collins Waterlront Histoic Distict and Morris Lapidus/Mid-21th Centurv Historic
District. Notwithstanding the foregoing provisions of subsection 142-1 161(dX2), 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). Additionally. at the discretion of the historic preservation
board. the maximum floor to ceiling heiqht mav be increased to 15 feet
structures of greater than five
be eligible by the historic
within the Morris Laoidus/Mid-20th Centurv Historic District.
b. Height of rooftop additions permitted for hotel
stories:
1. For those structures determined to
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 feel, 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 ceilinq heiqht mav be increased
to 15 feet within the Morris Lapidus/Mid-20th 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 4i! 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:
381
Sec. 142-247. 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 leet 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 Iots-
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-10% 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 23'1-
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 Century Historic District the followins shall apply:
382
(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.
SECTION 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
& FOR EXECUTIONb
CitV AltorneV ffi
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 langsage.
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Date
383
lAMl HERALD I MiamiHerald.comNE THURSDAY, MAY 29,2014 I NNEMIAMIBTACHCITY OF MIAMI BEACHNOTIGE OF PUBLIC HEARINGSFlorlda, on W6dns6day, Jure 11, 2014, io con sider the tottow ng:1OO5 a.m.Oale. lnquiies hay be cliracted ta tha City Atarnoy! Alicc at 3OS 67?1470_i0r10 a.m.my b6 directed to tha Cily Attoney s Afiice at 305-6/3-/4/o.10r15 a.h.Codilicaton And Ah EffecrirsOat@. hqunies tn.y be dt.cted to the planntng Depanment at 305-623-7550_toim a.m.10:25 a.m,Severab ltyiAnd An Eflecti\eDate. hquirbs may ba ditacted to the pt ning D,pafinent at 305-6/3-Z550.10:30 a.rn,Seve/ab lity:And An Ef{eii\e Dale- kgliies may ba directed ta the Ptannhg Depadtunt at 305-673-7550.1035 a.m.Severabll tyl And An Eflsctlve Date. hqunies, olay be diected to the Ptanning Depahent at 305-673-755010:40 a,m.305-673-7514-1'1r10 a.m.meeling, or any itenr herein, may be continued, and under such circumstances, addirionat legat nol ce need nor be provdsd.admission oiolh€rws€ inadmissible or rr[elevanl evdence. nordoes rt allhora.s challDnges orappeals noi oth erwise allowed by law.please contact us live days !n advancs al 305-673-7.11 1(!oice) or ITY lseE rnay also call lhe Flonda Irelay servic,r al ?l1-BalaelE. Granado, City ClelkCity or Miam Boach384