R5I-RPS Heights And Lot AggregationCOMMISSION ITEM SUMMARY
Gondensed Title:
First Reading to consider an Ordinance Amendment to the Land Development Regulations by
amending the maximum building height and lot aggregation requirements in the R-PSI, R-PS2, R-
PS3 and R-PS4 zonino districts.
AGENDA ITETU
DATE
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48Yo of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
Item S ummary/Recommendation :
FIRST READING
The proposed Ordinance amendment removes height limitations for lots aggregated after November 3'
2002 and raises height limits for lots 50 feet wide or less from 35 feet to 40 feet.
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 attached Ordinance at
First Reading and schedule a Second Readinq Public Hearinq for November 19,2014.
On September 23,2014 the Planning Board recommended approval of the subject Ordinance by a
vote of 6 to 0 (Planning Board File No. 2210).
Financia! lnformation:
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 long{erm 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
budqet.
Thomas Mooney
T:\AGENDA\2014\OctobeARPS Heights and Lot Aggregation - 1st Reading SUM.
MIAMIBEACH RsI
385
MIAMIBEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUB.JECT:
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AII'IENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, ..PS PERFORMANCE STANDARD
DISTRICT," AMENDING SECTION 142-696 "RESIDENTIAL
PERFORMANCE STANDARD AREA REQUIREMENTS,'' BY AMENDINGTHE MAXIMUM BUILDING HEIGHT AND LOT AGGREGATION
REQUIREMENTS IN THE R.PSI, R.PS2, R.PS3 AND R.PS4 ZONING
DISTRIGTS; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFEGTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; and approve the
attached Ordinance at First Reading, and schedule a Second Reading Public Hearing
for November 19, 2014.
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:
Mayor Philip Levine and Members olthe City
Jimmy L. Morales, City Manager
October 22,2014
RPS Heights and Lot Aggregation
J,,,.,,onV
FIRST READING
386
Commission Memorandum
Ordinance Amendment- RPS Herghts and Lot Aggregation
October 22, 2014 Page 2 of 3
"Lots at a width of 50 feet or less 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
follows:
"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).
On July 23, 2014, the City Commission referred an Ordinance to the Land Use and
Development Committee and the Planning Board, in order to address the
aforementioned i nconsistency.
On September 3, 2014, the Land Use and Development Committee recommended that
Section 142-696 (3) of the Code be completely removed and that the maximum height
limit for lots less than 50 feet in width be raised from 35 feet to 40 feet in order to better
accommodate the four allowable stories.
ANALYSIS
The plain language in the Ordinance adopted by the commission in 2002, and again in
2006, pertaining to 'Lot Aggregation' without specifying a particular zoning district
suggested that it applied to the RPS-1 ,2 & 3 Districts, in addition to the RPS-4 District.
The Planning Department had interpreted the Ordinance this way since it was originally
adopted in 2002.
Recently, it was brought to the attention of the Planning Department that the title for the
subject Ordinance only referred to the RPS-4 District; this raised a question as to
whether it should only apply to that district, and not the RPS-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. The following 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 REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,'
AMENDING SECTION 142.696 *RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,' BY AMENDING THE MAXIMUM 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 SEIEACKS; PROVIDING FOR CODIFICATION, REPEALER,
387
Commission Memorandum
Ordinance Amendment - RPS Helghfs and Lot Aggregation
October 22, 2014 Page 3 ol 3
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, the attached Ordinance, as recommended by the Land Use and
Development Committee, is proposed.
PLANNING BOARD REVIEW
On September 23,2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
,rffi**,**
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388
RPS HEIGHTS AND LOT AGGREGATION
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,..ZONING DISTRIGTS AND REGULATIONS" ARTICLE II, "DISTRICT
REGULATIONS" DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142.696 "RESIDENTIAL PERFORMANCE STANDARD
AREA REQUIREMENTS,'' BY AMENDING THE MAX!MUM BUILD!NG HEIGHT
AND LOT AGGREGATION REQUIREMENTS IN THE R.PS1, R.PS2, R-PS3
AND R-PS4 zONING DISTRICTS; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILIW 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 1 42-696. Residential performance standard area requirements
Residential Su b-d istricts
Performance
Standard
R-PS1 R-PS2 R-PS3 R-P54
Minimum lot area 5.750 so. ft.6.750 so. ft 5,750 sq. ft.5,750 sq. ft.
Minimum lot
width
50 feet 50 feet 50 feet 50 feet
Required open
space 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 - 3540 feet
45 feet
Lots 50 feet wide or
less - 3540 feet
50 feet
Lots 50 feet wide or
less - 3540 feet
Non-oceanfront - 80 feet;
Oceanfront 100 feet;
Lots 50 feet wide or less -
3540 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 - 8
Oceanfront - 11
Lots 50 feet wide or less -
4
ln the Ocean Beach
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389
Performance
Standard
R.PS1 R-P52 R-PS3 R.PS4
Minimum lot area 5,750 sq. ft.5,750 sq. ft 5,750 sq. ft.5,750 sq. ft.
Historic District - 7
Maximum floor
area ratio
1.25 1.50 1.75 2.0
Minimum floor
Area per
apartment unit
(souare feet)
New construction -
700
Rehabilitated
buildinos - 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
buildinqs - 550
New construction - 900
Rehabilitated
buildings - 550
New construction
850
Rehabilitated
buildinos - 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
85o/o = 335+ square feet
Minimum parkinq Pursuant to Chapter 130 and Section 142-705 requirement
Minimum off-
street loadinq
Pursuant to Chapter 130, Article lll.
SIonS 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 118-593(e)(11), 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 1 8, article lX, "Nonconformances."
3. tets at a width ef 50 feet er less aggregated with adjaeent pareels after Nevember 3'
+ 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-
sight analysis of section 142-697(d). However, for residential apartment 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
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390
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 M2-697(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;f. The maximum residential density is 60 units per acre;
g. All required off-street parking for the building shall be
parking may not be satisfied through parking impact fees;
h. The owner restricts the property to permit only rentals
provided on site; required
months and one day per calendar year, through language
that are no less than six
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.
SECTION 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.
All ordinances or part of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
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391
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:
GITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
Verified by:
as R. Mooney,
Planning Director
Underscore denotes new language
Striket+reugh denotes deleted lang uage
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October 22,2014
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