C4D-Ref- Planning Board - Clarify Lot Aggregation Requirements-Bldg Heights - RPg MIAMIBEACH
City of Miomi Beqch, 'l 200 Convention Center Drive, Miomi Beoch, Florido 33.l39. www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members of the City
SUBJECT: REFERRAL TO THE PLANNING EI)ARD -
TO GLARIFY AN INGONSISTENCY REGARDING LOT AGGREGATION
REQUIREMENTS AND BUILDING HEIGHTS IN THE RPS DISTRIGTS
ADMINISTRATION RECOMMENDATION
Refer an Ordinance Amendment to the Planning Board for consideration and recommendation.
BACKGROUND
On February 20,2002, the City Commission referred an Ordinance Amendment to the Planning
Board, modifying the maximum building height requirements in the R-PS4 zoning district. A series
of Commission and Planning Board workshops ensued, and a proposed Ordinance was approved
at First Reading by the City Commission on October 23,2002.
On November 13, 2002, The City Commission adopted Ordinance No. 2002-3386, which modified
the maximum building height requirements in the RPS-4 Zoning District. During the adoption
hearing for the Ordinance, the following language pertaining to 'Lot Aggregation' was added on
the floor, and was included within the text of the Ordinance:
"Lots at a width of 50 feet or /ess aggregated after the effective date of this ordinance with
adjacent parcels shall have a maximum height of 35 feet and shall not be allowed the
increased height for parcels wider than 50 feet."
On July 12, 2006, the City Commission re-adopted the subject Ordinance (Ordinance No. 2006-
3522) due to a defective published notice. The above text pertaining to 'Lot Aggregation' was
modified slightly in this re-adoption to add the effective date, as noted below:
"Lots at a width of 50 feet or /ess aggregated with adjacent parcels after November 3,
2002 shall have a maximum height of 35 feet and shall not be allowed the increased
height for parcels wider than 50 feet." (underline added).
ANALYSIS
The plain language in the above ordinance pertaining to 'Lot Aggregation' without specifying a
particular zoning district suggests that it applies to the RPS-1 , 2 & 3 Districts, in addition to the
RPS-4 District. The Planning Department has interpreted the Ordinance this way since it was
originally adopted in 2002.
Recently, it was brought to the attention of the Planning Department that since the title for the
Ordinance only referred to the RPS-4 District, it should only apply to that district, and not the RPS-
Agenda ltem
Date
TO: Mayor Philip Levine and Member
FROM: Jimmy L. Morales, City Manager
DATE: July 23,2014
c/mmissiont>-
7-e3-/q250
Commission Memorandum
Referral to Planning Board - RPS Lot Aggregation
July 23, 2014 Pase 2 of 2
1, 2 & 3 Districts. The title in Ordinance No. 2006-3522, adopted on July 12,2006, and the original
Ordinance No. 2002-3386, adopted on November 13, 2002, only included modifications to the
building heights in the RPS-4 district, and did not contain any reference to the modification of
height requirements in the RPS-1 ,2 or 3 districts. Below is the Title used for the adoption of both
versions of the subject Ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISS/ON OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, BY AMENDING CHAPTER 142, "ZONING D/SIR/CIS AND REGULAIIONS"
ARTICLE II, -DISTRICT REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142-696 'RESIDENTIAL PERFORMANCE
STANDARD AREA REQUIREMENTS," BY AMENDING THE MDOMUM BUILDING
HEIGHT lN THE R-PS4 ZONING DISTRICT; AMENDING SECTON 142-697 .SETBACK
REQUIREMENTS /N THE R-P57, 2, 3, 4 DISTRICTS," TO PROVIDE FOR ADDITIONS
TO FOLLOW THE EXISTING BUILDING LINE AND MODIFYING THE TOWER
SEIBACKS; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
Additionally, in reviewing the video of the original adoption hearing on November 13, 2002, it
appears that the subject text pertaining to 'Lot Aggregation' was only intended to be part of the
RPS-4 district regulations. There was no mention during the adoption hearing of this language also
being applicable to the RPS-1 , 2 or 3 districts.
ln order to clarify the inconsistency of the text with the Title of the previously adopted Ordinance, it
is recommended that the attached Ordinance be referred to the Planning Board, which would
clarify the specific districts those 'Lot Aggregation' restrictions on building heights would apply to.
ln this regard, there are two (2) different options proposed:
1. Amend both the title and the text to expressly apply to properties located in the RPS-1, 2 &
3 Districts, in addition to the RPS-4 District.
2. Limit the scope of the Ordinance to properties located in the R-PS4 district only.
CONCLUSION
The Administration recommends that the Mayor and the City Commission refer the attached
jffi;mendment
to the Planning Board for consideration and recommendation.
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ORD!NANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMEND!NG THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS" ARTICLE !I, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142.696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS," BY AMENDING THE MAXIMUM BUILDING HEIGHT
AND LOT AGGREGATION REQUIREMENTS IN THE R.PSI, R.PS2, R.PS3
AND R-PS4 ZONING DISTRICTS; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Ocean Beach Historic District contains a collection of important historic
buildings which together embody a rich history of the first three decades of the development of
Miami Beach; and
WHEREAS, the Land Development Regulations of Miami Beach have been promulgated
to provide for compatibility of new development in historic districts in Miami Beach; and
WHEREAS, the Land Development Regulations in the Ocean Beach Historic District
provide for a reasonable limitation of the height of new development on sites in the Residential
Special Performance "R-PS" areas, which aids in the development of compatible infill structures.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA
SECTION 1 Chapter 142, "Zoning Districts and Regulations", Article ll, "District Regulations"
Division lS, "Performance Standard District," of the Land Development Regulations of the Code
of the City of Miami Beach is hereby amended as follows:
Section I 42-696. Residential performance standard area requirements
Residential Sub-districts
Performance
Standard
R-PS1 R-P52 R-P53 R-P54
Minimum lot area 5,750 sq. ft.5,750 sq. ft 5,750 sq. ft.5,750 sq. ft.
Minimum lot
width
50 feet 50 feet 50 feet 50 feet
Required open
soace ratio
0.60, see Sec. 142-
704
0.65, see Sec.142-704 0.70, see Sec. 142-
704
0.70, see Sec.142-704
Maximum
building
Height
45 feet
Lots 50 feet wide or
less - 35 feet
45 feet
Lots 50 feet wide or
less - 35 feet
50 feet
Lots 50 feet wide or
less - 35 feet
Non-oceanfront - 80 feet;
Oceanfront 100 feet;
Lots 50 feet wide or less -
35 feet.
Maximum
number
of stories
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
5
Lots 50 feet wide or
less - 4
Non-oceanfront - I
Oceanfront - 11
Lots 50 feet wide or less -
4
ln the Ocean Beach
Historic District - 7
Maximum floor 1.25 1.50 1.75 2.0
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Performance
Standard
R-PS1 R-P52 R-PS3 R.PS4
Minimum lot area 5,750 sq. ft.5,750 sq. ft 5.750 so. ft.5.750 so. ft
area ratio
Minimum floor
Area per
apartment unit
(square feet)
New construction -
700
Rehabilitated
buildinqs - 400
New construction - 650
Rehabilitated
buildings - 400
New construction
600
Rehabilitated
buildinos - 400
New construction'550
Rehabilitated
buildings - 400
Minimum average
floor area per
apartment unit
(souare feet)
New construction -
950
Rehabilitated
buildinos - 550
New construction - 900
Rehabilitated
buildings - 550
New construction
850
Rehabilitated
buildinqs - 550
New construction - 800
Rehabilitated
buildings - 550
Minimum average
floor area per
hotel unit (square
feet)
N/A N/A 15o/o = 300-335
square feet
85o/o = 335+ square
feet
15% = 300-335 square
feet
85oh = 335+ square feet
Minimum oarkino Pursuant to Chapter 130 and Section 142-705 requirement
Minimum off-
street loadinq
Pursuant to Chapter 130, Article lll
Siqns Pursuant to Chapter 138
Suites hotel Pursuant to Article lV, division 3 of this chapter.
* Notwithstanding the foregoing provisions regarding maximum building height, in the Ocean
Beach historic district, as defined in subsection 1 18-593(eX1 1), the maximum building height for
a lot located in the R-PS1, R-PS2, or R-PS3 zoning districts
(i) With a lot exceeding 50 feet, and
(ii) Upon which there exists a contributing structure which has not received a
certificate of appropriateness for demolition (or any such approval has expired),
shall be 35 feet.
1. Notwithstanding the above height restrictions, existing structures within a local historic
district are subject to section 142-1161.
2. ln the R-PS4 zoning district, within the Ocean Beach historic district, when an existing
contributing structure is nonconforming with respect to the height regulations in section
142-696, such structure may be repaired, renovated or rehabilitated regardless of the
cost of such repair, renovation or rehabilitation, notwithstanding the provisions of chapter
1 18, article lX, "Nonconformances."
3. Within the R-PS1. R-PS2. R-PS3 and R-PS4 districts. tlots at a width of 50 feet or less
aggregated with adjacent parcels after November 3, 2002, shall have a maximum height
of 35 feet and shall not be allowed the increased height for parcels wider than 50 feet.
or
Within the R-PS4 district, tlots at a width of 50 feet or less aggregated with adjacent
parcels after November 3, 2002, shall have a maximum height of 35 feet and shall not
be allowed the increased height for parcels wider than 50 feet.
4. Notwithstanding the above height restrictions, in the R-PS4 zoning district, within the
Ocean Beach historic district, for lots 100 feet or more in width, the maximum height
shall be 35 feet for the first 60 feet of lot depth, 75 feet thereafter, subject to the line-of-
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sight analysis of section 142-697(d). However, for residential apaftment buildings, on
lots 100 feet or more in width, the historic preservation board, in accordance with
certificate of appropriateness criteria, may allow an increase in the overall height not to
exceed six stories, 60 feet for the first 60 feet of lot depth and 11 stories, 100 feet
thereafter, and on lots 50 feet wide or less may allow an increase in overall height not to
exceed 35 feet for the first 60 feet of lot depth and six stories, 60 feet thereafter,
provided all of the following conditions are satisfied:a. The property shall be an oceanfront lot;b. The property shall not contain a contributing building;c. The sixth level of the front portion of the new construction on lots 100 feet or more in
width shall meet a line-of-sight, which for the purpose of this section, is defined as
not being visible when viewed at eye-level (five feet six inches from grade) from the
opposite side of the Ocean Drive right-of-way, and on lots 50 feet or less wide shall
be subject to the line-of-sight analysis of section 1a2-697(d);d. The proposed building shall be sited and massed in a manner that promotes and
protects view corridors. At a minimum, a substantial separation of the tower portion
of any structure shall be required;e. For lots greater than 50 feet in width, the front portion of the structure shall
incorporate a separation in the center of the structure, which is open to sky, and is at
least ten feet in width and 25 feet in depth; the exact location of such separation shall
be subject to the historic preservation board, in accordance with certificate of
appropriateness criteria. Alternatively, the massing and architectural design of the
front portion of the structure shall acknowledge the historic pattern of residential
structures along Ocean Drive;
The maximum residential density is 60 units per acre;
All required off-street parking for the building shall be provided on site; required
parking may not be satisfied through parking impact fees;
The owner restricts the property to permit only rentals that are no less than six
months and one day per calendar year, through language in its condominium or
cooperative documents, and by proffering a restrictive covenant, running with the
land, or other similar instrument enforceable against the owner(s), acceptable to and
approved as to form by the city attorney, which shall be executed and recorded prior
to the issuance of a building permit, to ensure that the building remains solely as a
residential apartment building for a minimum of 30 years, and that no uses under
section 142-902(2)e. are permitted on the premises during that time period;
i. Accepting that the value in the increased height, and the incremental traffic burden
and effect on aesthetics in the district are offset by the conveyance of an easement
for an extension of the beachwalk east of their structures, the owner provides an
easement, acceptable to and approved as to form by the city attorney, for a public
beachwalk on the easterly portion of its property, as more specifically provided in the
plans on file with the city's public works department.
SEGTION 2. 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 3. REPEALER.
f.
g.
h.
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All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SEGTION 4. SEVERABILIry.
lf 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 2014.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading:
Second Reading
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+ike$reugh denotes deleted lang uage
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