| | | | | | | |  | Ordinances - R5 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | March 27, 2023 | | | | First Reading
| | SUBJECT: | ROOFTOP ADDITIONS IN THE MUSEUM HISTORIC DISTRICT
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 IV, “SUPPLEMENTARY DISTRICT REGULATIONS,” DIVISION 5, “HEIGHT REGULATIONS,” SECTION 142-1161, “HEIGHT REGULATION EXCEPTIONS,” TO CREATE ADDITIONAL REGULATIONS REGARDING ROOFTOP ADDITIONS FOR PROPERTIES LOCATED IN THE MUSEUM HISTORIC DISTRICT WITH A LOT LINE ON COLLINS AVENUE; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 28, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On June 22, 2022, the City Commission referred a proposed ordinance (C4 Y) pertaining to roof top additions for eligible properties in the Museum Local Historic District to the Land Use and Sustainability Committee (LUSC), Historic Preservation Board (HPB) and the Planning Board. The sponsor of the proposal was Commissioner Kristen Rosen Gonzalez.
On July 7, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. The subject Ordinance was also reviewed by the HPB on September 13, 2022, and the Board transmitted an unfavorable recommendation to the City Commission (4-1). The version of the Ordinance reviewed by the LUSC and the HPB included CD-2 zoned properties within the Museum Local Historic District.
The subject Ordinance was scheduled to be considered by the City Commission at First Reading on September 14, 2022, and was deferred to October 26, 2022, at the request of the item sponsor. At the October 26, 2022, City Commission meeting, the proposed ordinance was withdrawn by the sponsor.
On February 1, 2023, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission re-referred the ordinance to the Planning Board (C4 E). |
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| | | | | | | | ANALYSIS
| Currently, existing structures located within the Museum Local Historic District are permitted to have a single story, habitable rooftop addition. The proposed ordinance would amend Section 142-1161(d) of the Land Development Regulations of the City Code (LDR’s) to create a height exception for eligible properties located within the Museum Local Historic District. In this regard, existing non-contributing buildings located within a CD-3 zoning district and the Museum Local Historic District, with a lot line on Collins Avenue, may be permitted to have a multi-story rooftop addition, not to exceed a maximum building height of 80 feet. The proposal to allow up to 80 feet in building height would exceed the current maximum building height limit in the area, which is 55 feet. Staff has identified two (2) parcels that the proposal could potentially apply to (See Zoning/Site Map attached).
Any proposed rooftop addition to a building located within the Museum Local Historic District, whether a single story or multistory addition, requires a certificate of appropriateness from the Historic Preservation Board (HPB). As such, the HPB will have full discretion regarding the height, placement and design of any proposed rooftop addition that consists of multiple levels. Considering the requirement for a certificate of appropriateness from the HPB, staff is supportive of the proposed ordinance, as it will provide more flexibility for additions to existing buildings. Additionally, a maximum building height of 80 feet would be consistent with the built context of CD-3 and RM-3 properties along Collins Avenue within the Museum Local Historic District.
The proposed Ordinance is expected to facilitate a two-story addition to the Boulan South Beach Hotel, as the property owner supporting this proposal has indicated that there is still FAR available on the site. The addition will allow the hotel to provide some additional rooms and enhance amenities for guests.
The ordinance has also been updated to clarify that the ability to have a multi-story rooftop addition is only applicable in the CD-3 district, in addition to the other restrictions already contained in the ordinance. Given the limited applicability of the proposal, the Administration is supportive of the proposed ordinance, as updated.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and transmitted a similar ordinance to the City Commission with an unfavorable recommendation (5-1). This version of the ordinance included CD-2 zoned properties within the Museum Local Historic District.
On February 28, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with an unfavorable recommendation (7-0). This version of the ordinance excluded CD-2 zoned properties within the Museum Local Historic District.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No fiscal impact is anticipated. |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 28, 2023. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Kristen Rosen Gonzalez |
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