COMMON VARIANCES - ROOFTOP ADDITIONS, SETBACKS (INCLUDING FOR MIXED-USE DEVELOPMENT), ROOM SIZES

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, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION II, ENTITLED "RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY," AT SECTIONS 142-155 AND 142-156, SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," AT SECTIONS 142-217 AND 142-218, AND SUBDIVISION V, ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY," AT SECTIONS 142-246 AND 142-247, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS; DIVISION 4, ENTITLED "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AT SECTIONS 142-276 AND 142-277, DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AT SECTIONS 142-306 AND 142-307, AND DIVISION 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AT SECTIONS 142-337 AND 142-338, TO MODIFY SETBACK AND UNIT SIZE REQUIREMENTS FOR RESIDENTIAL USES AND ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; DIVISION 13, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT," AT SECTION 142-545, TO MODIFY THE UNIT SIZE REQUIREMENTS FOR NEW HOTEL UNITS FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS AND INDIVIDUALLY DESIGNATED HISTORIC BUILDINGS, AND TO MODIFY THE MAXIMUM ALLOWABLE HEIGHT FOR ALL USES; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
This ordinance is a companion to two other items on the agenda related to common variances for “allowable encroachments” and “signage.” Per Section 118-353 (d) of the land development regulations of the city code, in order to authorize any variance from the terms of the land development regulations, the applicable land use board must determine that there are “special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district.”

There are certain variances which are regularly requested and granted by the board of adjustment, design review board, and historic preservation board. Rather than being the exception to the rule, variance requests accompany most development proposals that are presented before the boards. Several of the requests are quite common and usually granted by the applicable board.

The attached ordinance addresses the following commonly issued variances:

1) Variance of minimum required side and rear setbacks for roof-top additions to historic buildings to follow existing non-conforming side setbacks. Rooftop additions to historic buildings must conform to new required setbacks. These variances are typically granted due to the structural gymnastics that are required to setback a roof-top addition from the existing building walls. The variances allow the additions to utilize existing structural supports of the historic building.

The ordinance amends the RM-1, RM-2, RM-3, CD-1, CD-2, and CD-3 districts side and rear setback requirements for rooftop additions to allow them to follow existing non-conforming pedestal setbacks for contributing structures in a historic district and individually designated historic building, subject to the certificate of appropriateness and rooftop addition criteria.

2) Variance for minimum and average unit size for rooftop additions to historic buildings. Historic buildings may often have non-conforming units that are smaller than what can be built in a new building. Variances are often sought for additions to historic buildings so that the size of new units matches those of the original historic building in order to allow for continuation of historic building lines in the new addition.

The ordinance amends the RM-1, RM-2, RM-3, CD-1, CD-2, and CD-3 districts minimum hotel unit size requirements for rooftop additions to historic buildings so that they are able to match the size of the existing non-conforming building, provided it complies with the maximum density requirements of the Comprehensive Plan.

3) Variance for setbacks of residential portions of mixed-use buildings in commercial districts. Residential and hotel portions of mixed-use buildings in the CD-1, CD-2, and CD-3 districts are required to follow the setbacks of the RM-1, RM-2, or RM-3 district, as applicable. Often these setbacks are impractical in commercial districts, requiring desirable mixed-use buildings to seek variances that a fully commercial building would not need.

The proposed ordinance removes the differing setback requirement for mixed-use buildings in the CD-1, CD-2, and CD-3 districts. Mixed-use buildings would instead be required to follow the existing setbacks for fully commercial buildings.

4) Variance for exceeding the maximum allowable height by a maximum of three feet for commercial properties in historic districts. Within all commercial districts, the design review board may allow up to an additional five feet of height, as measured from the base flood elevation plus maximum freeboard, to the top of the second-floor slab. This section of the code is designed to provide the Design Review Board (DRB) with the flexibility to allow for higher first floor heights in order to accommodate future street and sidewalk elevations, as well as the required slopes for ramps accessing upper level parking areas. However, this provision does not apply to historic districts or overlay districts, nor to commercial buildings immediately adjacent to a residential district not separated by a street. However, an applicant may seek a height variance of not more than three feet from the historic preservation board. As a result, new commercial construction seeking to elevate the first floor, and or provide parking at upper levels, often request up to three-foot height variances, so that the project can maximize resiliency.

The proposed ordinance modifies height limits for CD-1, CD-2, and CD-3 districts to remove the prohibition for five-foot increase in height at the first floor, currently permitted outside of historic and overlay districts, so that such increases are permitted in commercial districts citywide, including properties immediately adjacent to residential districts.

PLANNING BOARD REVIEW
On September 24, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-0.

HISTORIC PRESERVATION BOARD REVIEW

On October 8, 2019 the Historic Preservation Board (HPB) reviewed the subject ordinance and recommended approval by a vote of 6-0. The HPB also recommended that the proposal to give the HPB the authority to grant an additional five feet in height for projects in commercial districts (which is currently allowed by the DRB outside of historic districts) be removed from the ordiannce.

UPDATE
The subject ordinance was approved at first reading on October 16, 2019, with no changes.