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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 4.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: April 29, 2021
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| | | | | | | | | TITLE: | DISCUSS CLOSING THE LOOPHOLE FOR UN-CALCULATED ROOF-TOP HEIGHT AND FLOOR AREA RATIO (FAR)
ACTION REQUESTED:
Discuss the item.
ADMINISTRATION RECOMMENDATION:
Conclude the item with no further action. |
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| | | | | | | | HISTORY:
| HISTORY
On March 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to Un-Calculated Roof-Top Height and Floor Area Ratio (C4D).
BACKGROUND
The following is a summary of the applicable requirements pertaining to allowable height exceptions and floor area in the Land Development Regulations:
Sec. 142-1161. - Height regulation exceptions.
For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).
(a) The height regulations as prescribed in these land development regulations shall not apply to the following when located on the roof of a structure or attached to the main structure. For exceptions to the single-family residential districts, see subsection 142-105(e).
(1) Air conditioning, ventilation, electrical, plumbing equipment or equipment rooms.
(2) Chimneys and air vents.
(3) Decks, not to exceed three feet above the main roofline and not exceeding a combined deck area of 50 percent of the enclosed floor area immediately one floor below.
(4) Decorative structures used only for ornamental or aesthetic purposes such as spires, domes, belfries, not intended for habitation or to extend interior habitable space. Such structures shall not exceed a combined area of 20 percent of the enclosed floor area immediately one floor below.
(5) Elevator bulkheads or elevator mechanical rooms.
(6) Flagpoles subject to the provisions of section 138-72.
(7) Parapet walls, not to exceed three and one-half feet above the main roofline unless otherwise approved by the design review board up to a maximum of 25 feet in height.
(8) Planters, not to exceed three feet in height above the main roofline.
(9) Radio, television, and cellular telephone towers or antennas, and rooftop wind turbines.
(10) Stairwell bulkheads.
(11) Skylights, not to exceed five feet above the main roofline.
(12) Stage towers or scenery lofts for theaters.
(13) Swimming pools, whirlpools or similar structures, which shall have a four-foot wide walkway surrounding such structures, not to exceed five feet above the main roofline.
(14) Trellis, pergolas or similar structures that have an open roof of cross rafters or latticework.
(15) Water towers.
(16) Bathrooms required by the Florida Building Code, not to exceed the minimum size dimensions required under the Building Code, provided such bathrooms are not visible when viewed at eye level (five feet, six inches from grade) from the opposite side of the adjacent right-of-way; for corner properties. Such bathrooms shall also not be visible when viewed at eye level (five feet, six inches from grade) from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side street right-of-way.
(17) Solar panels.
(18) Wind turbines on oceanfront properties.
(19) Sustainable roofing systems.
(20) Display or screen structures, projection devices, lobby, concession space, and sound attenuation and screening devices, any of which serve an outdoor movie theater fronting on Alton Road as provided in section 142-310 of this chapter.
(b) The height of all allowable items in subsection (a) of this section, unless otherwise specified, shall not exceed 25 feet above the height of the roofline of the main structure. With the exception of items described in subsection (a)(17) and (a)(18) of this section, when any of the above items are freestanding, they shall follow the height limitations of the underlying zoning district (except flagpoles which are subject to section 138-72).
(c) Notwithstanding other provisions of these regulations, the height of all structures and natural growth shall be limited by the requirements of the Federal Aviation Agency and any airport zoning regulations applicable to structure and natural growth.
Sec. 114-1. Definitions.
Floor Area
Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the exterior face of an architectural projection, from the centerline of walls separating two attached buildings. For the purpose of clarity, floor area includes, but is not limited to, stairwells, stairways, covered steps, elevator shafts at every floor (including mezzanine level elevator shafts), and mechanical chutes and chases at every floor (including mezzanine level).
For the avoidance of doubt, unless otherwise provided for in these land development regulations, floor area excludes only the spaces expressly identified below:
(1) Accessory water tanks or cooling towers.
(2) Uncovered steps.
(3) Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches.
(4) Terraces, breezeways, or open porches.
(5) Floor space used for required accessory off-street parking spaces. However, up to a maximum of two spaces per residential unit may be provided without being included in the calculation of the floor area ratio.
(6) Commercial parking garages and noncommercial parking garages when such structures are the main use on a site.
(7) Mechanical equipment rooms located above main roof deck.
(8) Exterior unenclosed private balconies.
(9) Floor area located below grade when the top of the slab of the ceiling is located at or below grade. However, if any portion of the top of the slab of the ceiling is above grade, the floor area that is below grade shall be included in the floor area ratio calculation. Despite the foregoing, for existing contributing structures that are located within a local historic district, national register historic district, or local historic site, when the top of the slab of an existing ceiling of a partial basement is located above grade, one-half of the floor area of the corresponding floor that is located below grade shall be included in the floor area ratio calculation.
(10) Enclosed garbage rooms, enclosed within the building on the ground floor level.
(11) Stairwells and elevators located above the main roof deck.
(12) Electrical transformer vault rooms.
(13) Fire control rooms and related equipment for life-safety purposes.
(14) Secured bicycle parking. |
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| | | | | | | | ANALYSIS:
| As noted in the attached e-mails, concerns have been expressed by City residents regarding allowable height exceptions, as well as as exceptions to the definition of floor area, as currently permitted in the Land Development Regulations. These concerns are specific to uses located on roof-tops.
It is important to point out that the allowable height exceptions in Sec. 142-1161 are limited and do not contain exceptions for floor area. Any roof-top exception that meets the definition of floor area is included in the overall FAR calculations for a project.
The Administration has reviewed the suggested revisions to allowable height exceptions and the definition of floor area, contained in the attached e-mail. The Administration does not recommend amending these sections of the LDRs as the current list of allowable height exceptions achieves a careful balance of ensuring that minimum building code requirements are met, while allowing for the enjoyable use of roof-top space by tenants, guests and residents of a building.
In those instances where roof-top activities should be restricted, amendments to specific zoning districts should be considered, so that such regulations are limited, strategic and address a specific issue. This has been done successfully in the South of Fifth and Sunset Harbor neighborhoods.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the LUSC conclude the item with no further action. |
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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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