2007-3588 OrdinanceOCEAN FRONT HEIGHT REQUIREMENTS
HISTORIC DISTRICTS
ORDINANCE NO. 2007-3588
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDAAMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE
II, "DISTRICT REGULATIONS", BY AMENDING DIVISION 3,
"RESIDENTIAL MULTIFAMILY DISTRICTS", BY
AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL
MULTIFAMILY HIGH INTENSITY", TO MODIFY THE
MAXIMUM BUILDING HEIGHT REQUIREMENTS FOR
OCEANFRONT PROPERTIES LOCATED IN HISTORIC
DISTRICTS; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, APPLICABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (City) places a strong emphasis on the
protection, enhancement and retention of the established architectural scale, character and
context of the City's multifamily zoning districts; and
WHEREAS, the City Commission has deemed it in the best interest and welfare of
the City to have procedures for the review of new construction within the City's multifamily
zoning districts; and
WHEREAS, the City Commission has deemed it in the best interest and welfare of
the City to adopt procedures to preserve, enhance and protect the unique architectural
character and context of oceanfront lots within Historic Districts in Miami Beach; and
WHEREAS, The City of Miami Beach Historic Preservation and Planning Boards
strongly endorse the proposed amendments to the Code herein; 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. That Chapter 142, "Zoning Districts and Regulations", Article II, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision V, "RM-3
Residential Multifamily High Intensity", of the Land Development Regulations of the Code
of the City of Miami Beach, Florida is hereby amended as follows:
Sec. 142-246. Development regulations and area requirements.
(b) The lot area, lot width, unit size and building height requirements for the RM-3
residential multifamily, high intensity district are as follows:
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
7,000 50 New construction-- New construction-- 150 16
550 Elderly 800 Elderly Oceanfront lots-- Oceanfront lots--22
housing: See housing: See 200 Architectural
section 142-1183 section 142-1183 Architectural district: district: New
Rehabilitated Rehabilitated New construction on construction on
buildings--400 Hotel buildings--550 Hotel vacant lots -120; vacant lots --13;
unit: 15%: 300--335 units--N/A ground floor ground floor
85%: 335+ additions on the additions on the
same development same development
site (whether site (whether
attached or attached or
detached) to detached) to
existing structures existing structures
on oceanfront lots- on oceanfront lots--
50 (except as 5 (except as
provided in section provided in section
142-1161) 142-1161)
Notwithstanding the above, for oceanfront lots located within a locally designated historic
district or site, but not within the architectural district, with less than 400 feet of lineal
frontage along Collins Avenue and containing at least one contributing structure, the
maximum building height for ground floor additions to existing structures, whether attached
or detached, shall be as follows:
For existing__structures greater than five (5) stories in height, the maximum height
shall be limited to ten (10) stories or the height of the roof line of the main structure
on site, whichever is less. At the discretion of the Historic Preservation Board, the
maximum height of the ground floor addition may exceed ten (10) stories if the
existing and surrounding structures are greater than five (5) stories in height
provided the addition is .consistent with the scale and massing of the existing
structure.
2. For existing structures five (5) stories or less in height, the maximum height shall be
limited to five (5) stories
Additionally, the proposed addition shall not substantially reduce existing or established
view corridors, nor impede the appearance or visibility of architecturally significant portions
of an existing structure, as determined by the Historic Preservation Board.
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 parts of ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. APPLICABILITY.
Notwithstanding the provisions of Section 118-168(a) of the City Code regarding the
enforcement of amendments to the land development regulations, this ordinance shall not
be interpreted to affect rights granted through a previously approved Certificate of
Appropriateness issued by the Historic Preservation Board by September 25, 2007,
including their rights to apply for any extensions of time of such Certificate of
Appropriateness that may be needed for obtaining full building permits based upon the
plans originally submitted and approved by the Historic Preservation Board, as well as a
future change of use from apartment to hotel. Additionally, this ordinance shall not be
interpreted to affect rights granted through a previously approved Certificate of
Appropriateness granted after January 1, 2005, which have expired, to seek a new
approval and apply for any extensions of time of such Certificate of Appropriateness that
may be needed for obtaining a full building permit based upon the plans originally
submitted to and approved by the Historic Preservation Board, provided such applications
are approved by the Historic Preservation Board prior to May 1, 2008. Notwithstanding the
foregoing, any grandfathered project that is the subject of this applicability section shall not
contain undersized units if converted from hotel to apartment.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
2007-3588
PASSED AND ADOPTED this 12th day of
December
2007.
MA Matti H. Bower
TEST:
CITY CLERK Robert Parcher
APPROVED AS TO
First Reading: ctober 17, 2007
Second Reading: ecember 12, 7
Verified by:
J r G. Go ez, AIC
tanning Director
Underscore denotes new language
F RM & LANGUAGE
FOR EXECUTION
1 ~ ai p~'
Att rney Date
12/21 /2007
T:\AGENDA\2007\dec1207\Regular\Oceanfront Heights Historic 2007-ORD FINAL.DEC.doc
4
COMMISSION ITEM SUMMARY
Condensed Title:
Ordinance Amendment -Oceanfront Heights Historic Districts
~~~~ Intended Outcome Supported:
Increase satisfaction with development and growth management across the City.
Increase satisfaction with neighborhood character.
Supporting Data (Surveys, Environmental Scan, etc.): Development construction was ranked No. 5 by
residents as one of the changes that will make Miami Beach a better place; 66% of residents and 63% of
businesses rated the amount done b the Cit for historic reservation as the ri ht amount.
issuc.
Shall the City Commission approve an Ordinance Amendment to modify the maximum height requirements
for ground level additions on oceanfront properties located in the RM-3 district and within a local historic
district?
---
Item Summary/Recommenaation:
SECOND READING pUgLIC HEARING
The proposed Ordinance establishes height limitations for ground level additions on oceanfront properties
zoned RM-3 and located within a local historic district, and containing at least one (1) contributing
structure.
The subject Ordinance was approved at First Reading on October 17, 2007.
The Administration recommends that the Commission adopt the Ordinance.
Advisory Board Recommendation:
On July 9, 2007, the Land Use and Development Committee reviewed the proposed Ordinance and
recommended approval.
On September 25, 2007 the Planning Board transmitted the proposed Ordinance to the City Commission
with a favorable recommendation.
CGn~n~i~l Infnrma4inn•
~ ~~~N~~V~M~
Source of Amount Account
Funds: ~
N/A 2
3
OBPI Total
Financial Impact Summary: N/A
Cit Clerk's Office Le islative Trackin
Thomas Mooney -Planning Department
/~, ~ AGENDA ITEM fZSG'
.fir ~ l~""'~ ~ DATE 12-! 2 -~ `~
m MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: December 12, 2007 U PUBLIC HEARING
SUBJECT: Ocean Front Height Requirements -HISTORIC DISTRICTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 142, ZONING DISTRICTS AND REGULATIONS", ARTICLE II,
"DISTRICT REGULATIONS", BY AMENDING DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS", BY AMENDING SUBDIVISION V, "RM-3
RESIDENTIAL MULTIFAMILY HIGH INTENSITY", TO MODIFY THE MAXIMUM
BUILDING HEIGHT REQUIREMENTS FOR OCEANFRONT PROPERTIES
LOCATED IN HISTORIC DISTRICTS; PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, APPLICABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
BACKGROUND
On January 17, 2007 the City Commission referred the subject Ordinance Amendment to the
Land Use and Development Committee. On April 9, 2007, the Land Use Committee
directed the Administration to revise the proposed Ordinance and to incorporate a sliding
scale for additions in local historic districts. A separate ordinance pertaining to oceanfront
properties in the Architectural District has been approved by the City Commission on First
Reading.
ANALYSIS
In 2006, the Miami Design Preservation League brought to the attention of the City
Commission certain concerns associated with the maximum permitted building heights of
infill construction on ocean front lots in historic districts. The Land Use and Development
Committee agreed that the issue should be studied and referred the matter to the Planning
Board for consideration as an Ordinance Amendment.
In consultation with the Planning Board and the Historic Preservation Board, the Planning
Department drafted revisions to the RM-3 section of the City Code, in order to achieve a
better level of compatibility between the scale and massing of new infill additions, and the
December 12, 2007
Commission Memorandum
Ocean Front Lot Height Requirements
Page 2 of 3
established context of existing oceanfront rear yards. The Ordinance recommended that the
overall height limitation remain at 5 stories/50 feet for additions in the Architectural District
and that the applicable area be expanded to include oceanfront lots in all local historic
districts. The height limitation for attached or detached additions, in the rear of existing
ocean front properties in the City's local historic districts is 22 stories/200 feet; this is
applicable to all ocean front properties from 22"d - 53`d Streets and 62"d - 71St Streets.
The City Commission was not comfortable with the proposed Ordinance and referred the
matter back to the Land Use and Development Committee for further study. Based upon the
direction of the Land Use and Development Committee, the Administration drafted a revised
Ordinance pertaining to those properties located in focal historic districts, but not the
Architectural District.
The revised Ordinance proposes a modified `sliding scale' based upon the size of a given
lot. Specifically, for oceanfront lots located within a locally designated historic district or site,
but not within the architectural district, with less than 400 feet of lineal frontage along Collins
Avenue and containing at least one contributing structure, the maximum building height for
additions to existing structures greater than 5 stories in height, whether attached or
detached, would be limited to ten (10) stories or the height of the roof line of the main
structure on site, whichever is less. For existing structures 5 stories in height, or less, the
height limit of any addition would be limited to five (stories). Additionally, language was
created so that a proposed addition would not substantially reduce existing or established
view corridors, nor impede the appearance or visibility of architecturally significant portions
of an existing structure, as determined by the Historic Preservation Board.
The proposed amendment will affect only a handful of hotel properties along Collins Avenue,
as most of the properties in local historic districts that have available FAR are either condos
or have an approved development project. The proposed Ordinance will also make it clear
from the beginning, when most developers and architects first review the code, that certain
limitations exist with regard to infitl additions on oceanfront lots in historic districts.
On July 9, 2007, the Land Use and Development Committee considered the revised
Ordinance Amendment and recommended approval.
On September 25, 2007, the Planning Board transmitted the subject Ordinance to the City
Commission with a favorable recommendation. The Planning Board also added an
`Applicability' section to Ordinance, which will allow approved projects that may have
become non-conforming to apply for an Extension of Time to obtain a Building Permit, as
well as change the use from apartments to hotel.
On October 17, 2007 the City Commission approved the revised Ordinance at First Reading.
As part of the approval, the Commission requested that the following modifications be made
to the Ordinance:
1. The Historic Preservation Board be given some discretion to allow for additions to be
taller than 10 stories, if the existing building is greater than 5 stories.
2. The applicability section be amended to allow previously approved projects that have
expired to re-apply for a new Certificate of Appropriateness.
December 12, 2007
Commission Memorandum
Ocean Front Lot Height Requirements
Page 3 of 3
3. The applicability section clearly delineate that no under sized units shall be permitted
for grandfathered projects, if converted from hotel to apartment at a future date.
The Commission also requested that the Administration analyze the heights of existing and
approved buildings from 63rd Street to 71St Street, in order to ascertain the average heights
within the North Beach Resort Historic District. The following is a list of all structures on the
east side of Collins Avenue from 63rd - 71St Streets, which are within the North Beach
Historic District, and their corresponding heights:
6345, Casablanca Condominium: 9 Stories
6365, Akoya Condominium: 48 Stories
6423, Mar del Plata Condominium: 16 Stories
6515, Bel-Aire Beach Condominium: 20 Stories
6525, Brazil-Mimosa Hotel: 4 Stories
6551, Monte Carlo Condominium: 20 Stories (approved, under permit review)
6565, Sherry Frontenac Hotel: 10 Stories
6701, Deauville Beach Condominium: 20 Stories (approved, permit issued)
6751, Deauville Hotel: 14 Stories
6747, Vacant Lot: 20 Stories allowed (and previously approved)
6767, Sterling Condominium: 20 Stories
6801, Carillon/Canyon Ranch Condominium/Hotel: 30/15/36 Stories
6901, Golden Sands Condominium: 16 Stories
6917, Victorian plaza Condominium: 15 Stories
6969, Porte-Royale Condominium: 14 Stories
6979, Normandy Isle Plaza Hotel: 3 Stories
6985, Crystal Beach Condominium: 4 Stories
The average height of all of the above noted structures is 18 stories. If the non-conforming
Akoya and Canyon Ranch Towers are removed, the average height drops to 14 stories.
When broken down into 4 block modules, the average heights are as follows:
63rd - 67th Streets: 18 Stories; if the Akoya is removed, the average is 13 stories.
67th - 71St Streets: 17 Stories; if Canyon Ranch is removed, the average is 14 stories.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact upon the resources of the
City. Furthermore, as the proposed Ordinance does not affect the floor area ratios, there
should be no significant impact to any tax revenue generated by any new construction.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed Ordinance.
Pursuant to Section 118-164(4) of the City Code, an affirmative vote of five-sevenths shall
be necessary in order to enact any amendments to the Land Development Regulations.
JMG/TH/JGG/TRM
T:\AGENDA\2007\dec1207\Regular\Oceanfront Heights Historic 2007 MEM.DEC.doc
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. CIT'I( OF MIAMI BEACH
N
~,
°` NOTICE OF PUBLIC HEARING
w
i.
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and C'dy Commission of the Cit of
Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida. on
Wednesday, December 12, 2007, to consider the following:
10:20 a.m.
An Ordinance Amending Chapter 2 Of The Code Of The City Of Miami Beach, Florida, Entitled "Administration." By Amending
- Article III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 6 Thereof, Entitled "Cultural Arts Council,"
By Amending Section 2-58; And Creating New Sections 2-58(A) And 2-58(B); Said Amendments Related To Assigning The Powers
_ And Duties Of The Community Benefit Fund To The Miami Beach Guttural Arts Council.
Inquiries may be directed to the Tourism and Guttural Development at (305) 673-7577.
"' 10:20 a.m.
= An Ordinance Amending Chapter 2 of the Code of the City Of Miami Beach, Florida, Entitled "Administration," By Amending Article
a` ! III Thereof, Entitled "Agencies, Boards And Committees," By Amending Division 5 Thereof, Entitled "Convention Center Advisory
~ ', Board," By Amending Sections 2-46(B) And 2-46(C)(1) And 2-46(C)(9) And 2-46(F); Said Amendments Related To Removing The
_ ; Jackie Gleason Theater Of Performing Arts (Now The "The Elmore Miami Beach At The Jackie Gleason Theater") From The Powers
~. And Duties Of The Board And, Further, Removing The Powers And Duties Of The Community Benefit Fund From The Powers And
-- Duties Of The Convention Center Advisory Board.
N
', Inquiries may be directed to the Tourism and Cultural Development at (305) 673-7577.
L
v 10:30 a.m.
? ; An Ordinance Amending Chapter 82 Of The Miami Beach City Code, Entltled "Public Property," By Amending Article I, Entitled "In
E General,"By Amending Section 82-4 - 82-5, Ertitted "Reserved," By Amending Section 82-4 To Prohibit Foods Containing Artrficial
Trans Fat In Vending Machines On City Property And In Concession Facilities Subject To Concession Or Management Agreements
~ With The City.
s ! Inquiries may be directed to the Legal Department at (305) 673-7470.
E
10:31 a.m.
An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 106, "Traffic And Vehicles" Article II,
"Metered Parking" By Amending Sections 106-55, "Parking Rates, Fees, And Penalties; Creating A New Subsection (N) Therein
~ EntiBed "Hybrid/ILEV pnhereniry Low Emissions Vehicles) Vehicles Incentives.
Inquiries may be directed to the Parking Department at (305) 613-7275.
10:35 a.m.
An Ordinance Amending Sections 18-901-18-910, Entitled Street Perbrmers And Art Vendors; Authorizing Street Performers And
Artist Vendors To Use Portable Tables On Ocean Drive Following Receipt Of A Permit Subject To Certain Conditions And Permit
Fees; Prohibiting Spray Painting And Airbrushing; Providing Definitions, Setting Forth Terms, Conditions And Regulations For
Permits Issued To Street Vendors Performers And Artist Vendors; Providing For Ertorcement, Suspension Or Revocation.
Inquiries may be directed to the Neighbortwod Services Department at (305) 673-7077.
10:40 a.m.
An Ordinance Deleting The language In Sections 82-366 Through 82-388 (The City's Sidewalk Cafe Ordinance) In Its Entirety, And
Replacing h With New Language In Said Sections 82-366 Through 82-385, AQopting And Incorporating The City's New Sidewalk
Cafe Ordinance.
Inquiries may be directed to the Public Works Departmerd at (305) 673-7080.
j 11:OD a.m.
An Ordinance Amending The Land Deveopmert Regulations Ot The Code Of The Cily Of Miami Beach, By Amending Chapter 142,
"Zoning D'~stricts And Regulatxxrs," Article II, "District Regulations," By Amending Division 3, "Residential Multifamily Districts,"
By Amending Subdivision V, "RM-3 Residential Multifamily High Intensity," To Modiry The Maximum Building Heigh Requirements
For Oceardront Properties located In Historic Districts.
Inquiries may be directed to the Planning Department at (305) 673-7550.
11:00 a.m.
An Ordinance Amending The Land Developmert Regulations Of The Code Of The City OF Miami Beach, By Amending Chapter 142,
"Zoning Districts And Regulations," Article II, "District Regulations," By Amending Divisbn 3, "Residential Multifamily Districts,"
By Amending Subdivision V, "RM-3 Residerdlal Multfamiy High kensity," To Modity The Maximum Building Height Requirements
For Properties Located In The Architectural District.
Inquiries may be directed to tile Planning Department at (305) 673-7550.
INTERESTED PARTIES are Invited to appear at this meeting, or be represented by an agent, or to express their views in writing
addressed to the City Commisson, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida
33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office,
1700 Convention Center Drive, l st Floot City Hall, and' Miami Beach, Forida 33139. This meeting may be continued and under
such circumstances additional legal notice would not be provided.
Robert E. Percher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Slat., the City hereby advises the public that: 'rf a person decides to appeal any decision made
by the City Commission wlth respect to any matter considered at its meeting or its hearing, such person must ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. This notice does not constitute concert by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does ft authorize challenges or appeals rrot otherwise allowed by law.
To request this material in accessible format, sign lan~age interpreters, information on access for persons with disabfltties, and/
or any accommodation to review arty document or partk:ipete in any city-sponsored proceeding, please confect (305) 604-2489
(Avdoice), (30(305)673-7218(TTY) five days in advance to initiate your request. TT.Y users may also call 711 (Fbrkla Relay Service).
m MIAMI BEACH