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R5O-North Beach RM-1 Zoning Amendments -Malakoff-COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an amending height and setback r Districts in North Beach Ordinance Amendment to the regulations for RM-1 zoned, Land Development Regulations by multifamily buildings within National 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 out forth bv the Citv to requlate is "about the riqht amount." The proposed Ordinance would amend the height and setback regulations for National Register District properties located in RM-1 districts in North Beach in order to make new infill buildings more compatible with their surroundings. 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 Reading Public Hearinq for December 17,2014. On October 28, 2014 the Planning Board recommended tabling the subject Ordinance by a vote of 5 to 2 (Planning Board File No. 2158). Board Recommendation: Financial 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 longterm 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\2014\November\N Beach RMI Regs - ORD 1st Read SUM.docx AGENDA ITEM RSO DArE l(-t?-l qMIAMIBEACH474 MIAMIBEACH City of llliomi Beoch, ,l700 Convenlion Center Drive, Miomi Beoch, Florido 33 1 39, www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manager November 19,2014 North Beach RM-1 Zoning AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEAGH, FLORIDA, By AMENDTNG CHAPTER 142, ,,ZON!NG DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SUBDIVISION 2, "RM.l RESIDENTIAL MULTIFAMILY LOW INTENSITY," SEGTION 142.155, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS'" AND SECTION 142-156, "SETBACK REQUIREMENTS," BY ADDING NEW HEIGHT AND SETBACK REGULATIONS FOR MULTIFAMILY BUILDINGS IN NORTH BEACH; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE 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 December 17,2014. BACKGROUND On October 30, 2Q12, the Planning Board held a workshop discussion regarding potential initiatives for the North Beach area. At the conclusion of the discussion, the Planning Board recommended that the City Commission amend the RM-1 zoning district regulations in order to establish height and setback standards for new construction that are more compatible with the scale and character of the built environment. On November 12, 2012, the City Commission referred a discussion item pertaining to the proposed development regulations to the Land Use and Development Committee. On April 23,2013, the Land Use Committee discussed the proposed RM-1 regulations, along with the proposed parking initiatives for North Beach, and continued the item to a future date. On October 23, 2013, the Land Use Committee recommended that the subject Ordinance be referred to the Planning Board. On December 11 , 2013, the City Commission referred the item to the Planning Board. FROM: DATE: SUBJECT: FIRST READING 475 Commission Memorandum Ordinance Amendment - Norlh Beach RM1 Development Regulations November 19, 2014 Page 2 of 5 On January 28, 2014 the proposed Ordinance was discussed by the Planning Board and continued to a date certain of February 25, 2014. On February 25, 2014, the Planning Board, at the request of staff, continued the matter to a date certain of May 27, 2014. On May 27 , 2014, the Planning Board continued the Ordinance to a date certain of July 22, 2014, in order to allow the Mayor's Blue Ribbon Panel on North Beach to review and comment on the Ordinance. On June 19tn, 2014 the proposed Ordinance was discussed by the Mayor's Blue Ribbon Panel on North Beach, and several recommendations were suggested regarding proposed setbacks and building heights. The Ordinance was again discussed by the Panel on July 1Oth, and although some further refinements were suggested, no formal recommendation was given by the Panel. The modifications suggested as part of the discussion with the panel have been incorporated into the proposed Ordinance. The Planning Board discussed the proposed Ordinance on July 22, 2014, and continued it to a date certain of September 23, 2014, at which time it was further discussed and continued to a date certain of October 28,2014. The sponsor for the subject legislation is Commissioner Joy Malakoff. ANALYS!S The RM-1 zoning district, which encompasses much of North Beach, is intended for low intensity multifamily housing, and hotels in limited areas along Collins and Harding Avenues. The intensity limitation for new construction, as determined by the Floor Area Ratio (FAR) of 1.25, is consistent with the existing built context of the neighborhood. However, the height, setback and parking regulations in the RM-1 zoning districts often lead to incompatible relationships between new infill construction and the built context of existing neighborhoods. Based upon an analysis of the height and setbacks of the predominant building types in North Beach, certain adjustments to make new infill buildings more compatible with their surroundings have been proposed for new construction within the RM-1 areas of the Normandy lsles and North Shore National Register Districts. Priorto 1963, buildings in North Beach neighborhoods were almost exclusively one or two stories and typically not more than 22 feel in height. These building types still represent about 80o/o of the built environment, giving it a very strong, consistent, human scale and character. Although the RM-1 zoning district allows new construction up to 5- stories / 50 feet in height, the maximum allowable FAR of 1.25 can easily be accommodated within two - three floors of living space. The parking requirement for new construction requires that virtually the entire ground floor be utilized for parking. ln order to provide more flexibility for architectural design, a 3-story height limit is proposed for the first 30 feet of building depth as measured from the required front setback. A 4-story I 4Q foot height limit would apply for the remainder of the lot depth for non-waterfront lots, and the existing height limit of S-stories / 50 feet would apply for the remainder of the lot depth for waterfront lots. This would ensure a more compatible height relationship between adjoining lots. The minimum setbacks in the RM-1 zoning district (generally 20' in the front, 7'-6" on the 476 Commission Memorandum Ordinance Amendment - Norlh Beach RM1 Development Regulations November 19, 2014 Page 3 ol 5 side and 15' in the rear) apply to neighborhoods citywide. However, they do not match the minimum setbacks that were utilized prior to 1963 when the majority of North Beach was developed. ln fact, there were different front yard setbacks in each neighborhood, which are reflected in the proposed Ordinance amendment. A map highlighting the referenced neighborhood boundaries is attached. New infill construction would be more compatible with the built context of existing neighborhoods if it could follow the established setback lines. Additionally, required parking spaces at the ground floor would no longer be required to obtain variances for drive aisles, back-up space and parking space dimensions. The following is a summary of current requirements and the proposed Ordinance, which include modifications discussed with the Mayor's Blue Ribbon Panel, as well as the additional recommendations provided by the Planning Board: Buildino Heiohts: Current: o 50 feet maximum / 5 stories Proposed: o 30 feet / 3 stories for the first 30 feet of building depth, as measured from the minimum required front setback. o 40 feet / 4 stories maximum thereafter for non-waterfront lots and a maximum of 50 feet / 5 stories for waterfront lots. Allowable heioht oroiection s: Current: o Stairwell and elevator bulkheads are permitted height exceptions. Proposed:. Stairwell bulkheads are not permitted above the maximum building height. Elevator bulkheads must be setback to comply with line-of-sight requirements.. Shade structures, including awnings and canopies shall be permitted as an allowable height exception, not to exceed 10 feet in height above the associated roof deck, subject to the review and approval of the historic preservation board or design review board, as applicable. Sefbacks: Current: o Front - 20 feet. Side - 8o/o of lot width, minimum 7.5 feet o Rear - 1Oo/o of lot depth Proposed: Front Side Rear North Shore 10 7.5 feet, or 8o/o of lot width, whichever is greater (5 feet if lot width is 60 feet or less) Non waterfront lots - 5 feet Waterfront lots - 10% of lot depth Biscayne Beach 10 7.5 feet, or 8o/o of lot width, whichever is greater (5 feet if lot width is 50 feet or less) 10o/o of lot depth 477 Commission Memorandum Ordinance Amendment - North Beach RM1 Development Regulations November 19, 2014 Page 4 of 5 Normandy lsle and Normandy Shores 20 7.5 feet, or 8o/o of lot width, whichever is greater (5 feet if lot width is 60 feet or less) 5 Normandy waterfront 25 7.5 feet, or 8o/o of lot width, whichever is greater (5 feet if lot width is 50 feet or less) 1Oo/o of lot depth, maximum 20 feet Parkinq: Al lowable e ncroach m ents: Current:. Balconies, porches, platforms and terraces 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. Proposed:. Balconies, porches, platforms and terraces shall not be permitted as allowable projections in a required sideyard when the required pedestal setback is less than 7.5 feet Attached is a list of previously approved projects located within the subject area of the proposed Ordinance, which includes the type of projects approved, number of units, and building heights. lt is important to note that in most instances where the maximum height of 50 feet was approved by the Design Review Board, a lower scaled massing of 2-3 stories was approved at the front of the properties, which is consistent with the intent of the proposed Ordinance. Additionally, attached are graphics illustrating the current and proposed setback and height requirements for typical properties, including Biscayne Beach, Normandy Waterfront, Normandy Bayfront and the North Shore areas. Front Side, lnterior Side, Facing a Street Rear At-grade parking lot on the same lot except where (c) below is applicable 20 feet 5 feet, or 5% of lot width, whichever is greater 5 feet, or 5o/o ot lot width, whichever is greater Non-oceanfront lots-S feet Oceanfront lots- 50 feet from bulkhead line. Waterfront lots within North Beach National Register Districts - 20o/o of lot depth, maximum 40 feet 478 Commission Memorandum Ordinance Amendment - Norlh Beach RM1 Development Regulations November 19. 2014 Page 5 of 5 PLANNING BOARD REVIEW On October 28, 2014, the Planning Board transmitted the proposed Ordinance to the City Commission with a recommendation to table the item by a vote of 5 to 2 (Frank Kruszewski and Jack Johnson opposed). Specifically, the Planning Board concluded that it was premature for the subject Ordinance to move forward until a broader master plan for the North Beach area has been put into place. FISCAL !MPACT 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. SUMMARY The Administration believes that proposed Ordinance achieves a careful balance of allowing continued maximum development potential (FAR) with appropriate regulation of the distribution of the allowable volume. Additionally, the proposed regulations remove the need for setback variances that have been required in the past, in order for new infill construction to provide required off-street parking, as well as address the built context of the surrounding area. The proposed Ordinance is based upon sound urban design and planning principals, which have been analyzed in concert with development projects approved and constructed in the area. However, as indicated by the lack of consensus at the Mayors Blue Ribbon Panel, and the recommendation of the Planning Board, the proposed legislation has not received broad support at this time. ln this regard, while supportive of the measure, the Administration would suggest that if there is a lack of consensus at the Commission level regarding the Ordinance that no action be taken at First Reading. At some point in the future the matter can always be re- referred, should circumstances change and such a referral is determined to be warranted. CONCLUSION The Administration recommends that the City Commission: 1. Accept the recommendation of the Land Use and Development Committee via separate motion. 2. 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SIDE SEEACK = 8U 0F LOT wDlH (UtN 7.5') SIDE SETBACK = B% 0F LOT r,tlDIH (MlN 7.5) Stoiruell ond Elevutor bulktreods permitted dove mox building height 125' typical property depth t 125',r -J___r_:__;ffi;;m#_____; I lo'-oj;.:, 3oilt*t "ia, *'rrs6 i;,,j- | iiTA):! LI-e ir/\rtl. iol- i :'-r'ii-L: I xEll'B; ipn z.-, EH i itt | $DESEmAcK{5',rrorrots EE iii L-{.-------!9lg{-{gr-elSi-----------:-:-.i i: ! J lio f€st sld€ or issst i-[:: ::::r:::-::--:- ---1 i rl6 Shode ond conopy structures permltted up to 10' obor,e }ffiN',-- 125' typical property depffi Proposed setback requirements Proposed height requirements MIAMIBEACH Plonning Deportmeni RM-1 Zonino District Amendments - North Shore North Shore - Cunent and Proposed setback and height requirements bra typical sing le lot configuration, non-waterfront 488 North Beach RM-1 Zoning Amendments 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," SUBDIVISION 2, "RM-l RESIDENTIAL MULTIFAMILY LOW INTENSITY,"SECTION 142-15s,..DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", AND SECTION 142.156, "SETBACK REQUIREMENTS," BY ADDING NEW HEIGHT AND SETBAGK REGULATIONS FOR MULTIFAMILY BUILDINGS lN NORTH BEACH; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach multifamily neighborhoods were largely developed between 1935 and 1963 with low scale, Mid Century Modern buildings on 50 feet lots, giving the atea a cohesive and distinctive character; and WHEREAS, ln the summer of 2009, the North Shore and Normandy lsles National Register Historic Districts were placed on the National Register of Historic places by the United States Department of the lnterior; and WHEREAS, the Planning Department conducted an analysis of existing conditions, issues and opportunities in the RM-1 Multifamily low intensity district; and WHEREAS, the City desires to reduce parking requirements, with certain conditions in the North Shore and Normandy lsles National Register Historic Districts, in order to encourage the retention and preservation of existing contributing structures within the districts and to promote walking, bicycling and public transit modes of transportation, as well as to reduce the scale and massing of new development in the residential neighborhoods; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. 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 ll - "District Regulations," Subdivision ll. - "RM-1 Residential Multifamily Low lntensity" is hereby amended as follows: * * * Sec. 142-155. - Development regulations and area requirements.(a) The development regulations in the RM-1 residential multifamily, low density district are as follows: 489 (4) ln the North Shore National Reqister Historic District and the Normandv lsles National Reqister Historic District. the followinq shall applv: The maximum buildinq heiqht shall be 30 feet for the first 30 feet of buildinq depth. as measured from the minimum required front setback and a maximum of 40 feet for the remainder of the lot depth for non:walerfronl lots and a maximum of 50 feet for walerfronl lots. The maximum number of stories shall be three (3) for the first 30 feet of buildinq depth. as measured from the minimum required front setback and a maximum of four (4) stories for the remainder of the lot depth for non: wa_terfronl lots and a maximum of five (5) stories for waterfronl_lqts. Stainuell bulkheads shall not be permitted to extend above the maximum buildinq heioht. Elevator bulkheads extendino above the main roofline of a buildinq shall be required to meet the line-of-sioht requirements set forth in section 142-1161 herein and such line-of-sioht requirement cannot be waived bv either the historic preservation board or desion review board. as mav be applicable. For properties where the maximum heioht is limited to 40 feet, shade structures, includino awninqs and canopies shall be permitted as an allowable heioht exceotion which are not to exceed 10 feet in heiqht above the associated roof deck, and are subiect to the review and approval of the historic preservation board or desion review board. as mav be applicable. Balconies. porches, platforms and terraces shall not be permitted as allowable proiections in a required sidevard when the required pedestal setback is less than 7.5 feet. (b) The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: a. b. c. d. e. L Minimum Lot Area (Square Feet) Minimum Lot Width (Feet) Minimum Unit Size (Square Feet) Average Unit Size (Square Feet) Maximum Building Height (Feet) Maximum Number of Stories 5,000 50 feet New construction- 550 Non-elderly and elderly low and moderate income housing: See section 142- 1 183 Rehabilitated buildings-400 New construction- 800 Non-elderly and elderly low and moderate income housing: See section 142- 1 183 Rehabilitated buildings-550 Historic district-40 Flamingo Park Local Historic District-35 (except as provided in section 142- 1161 North Beach National Reqister Districts - see section 142- 155(aX4) Othenruise-50 Historic district-4 Flamingo Park Local Historic District-3 (except as provided in section 142- 1161 North Beach National Reqister Districts - see section 142- 155(aX4) Othenruise-5 490 Sec. 1 42-156. - Setback requirements.(a) The setback requirements for the RM-1 residential multifamily, low density district are as follows: Front Side, lnterior Side, Facing a Street Rear At-grade parking lot on the same lot except where (c) below is applicable 20 feet 5 feet, or 5o/o 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. Waterfront lots within North Beach National Reoister Districts - 20% of lot depth. maximum 40 feet Subterranean 20 feet 5 feet, or 5o/o of lot width, whichever is greater (0 feet if lot width is 50 feet or less) 5 feet, or 5o/o of lot width, whichever is greater Non-oceanfront lots-0 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 160/o o'f lot width Minimum-7.5 feet or 8% of lot width, whichever is greater Non-oceanfront lots-10% of lot depth Oceanfront lots- 20o/o of lot depth, 50 feet from the bulkhead line whichever is greater 491 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 160/o 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- 25o/o of lot depth, 75 feet minimum from the bulkhead line whichever is greater (d) ln the National Reqister Historic Districts in North Beach, the followinq setback requirements shall applv for the pedestal portions of all buildinqs. Setbacks for tower. at-grade parkinq and subterranean levels shall be the same as set forth in (a) above. Front Side Rear North Shore 10 feet 7.5 feet, or 8% of lot width. whichever is qreater (5 feet, Non waterfront lots - 5 feet Waterfront lots - 10% of lot if lot width is 60 feet or less) deoth Biscavne Beach 10 feet 7.5 feet. or 8% of lot width. whichever is qreater (5 feet 10% of lot depth if lot width is 50 feet or less) Normandv lsle and Normandy 20 feet 7.5 feet. or 8% of lot width, whichever is qreater (5 feet. 5 feet Shores if lot width is 60 feet or less) Normandv waterfront 25 feet 7.5 feet. or 8% of lot width. whichever is qreater (5 feet 10% of lot depth, maximum 20 feet if lot width is 50 feet or less) 492 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. SECTION5. SEVERAB!LITY. 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 ATTEST: Rafael E. Granado, City Clerk Verified by: 2014. Philip Levine, Mayor APPROVED AS TO FORM & LANGUAGE & FOR EXECUTIONl- k- 5'il^ DoteFirst Reading: November 19,2014 Planning Director T:\AGENDA\2014\November\N Beach RM1 Regs ORD.docx 493