Item Coversheet

Committee Assignments - C4  E




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Commissioner Kristen Rosen Gonzalez 
DATE:February  1, 2023
 



SUBJECT:REFERRAL TO THE PLANNING BOARD TO DISCUSS 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.

BACKGROUND/HISTORY

On June 22, 2022, the City Commission referred the subject Ordinance to the Land Use and Sustainability Committee (LUSC), Historic Preservation Board and the Planning Board (C4Y). The sponsor of the proposal is 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 discussed by the Historic Preservation Board (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 HPB included CD-2 zoned properties within the Museum District.

ANALYSIS

PLANNING ANALYSIS

Currently, existing structures located within the Museum Local Historic District are permitted to have a single story, habitable rooftop addition. Additionally, the maximum height limit for properties within the Museum District is 50 feet.

The proposed Ordinance would amend Section 142-1161(d) of the LDR’s to create a height exception provision for eligible properties located within the Museum Historic District. Additionally, the subject Ordinance includes an increase in allowable building height, from 50 feet to 80 feet, for eligible properties.

In this regard, existing non-contributing buildings located within the Museum Historic District, with a lot line on Collins Avenue and located in the CD-3 district, may be permitted to have a multi-story rooftop addition, not to exceed a maximum building height of 80 feet. The attached maps show the properties fronting Collins Avenue in the Museum District and their corresponding zoning districts.

Any proposed rooftop addition to a building located within the Museum 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, including an addition that consists of multiple levels.

The proposed Ordinance has been drafted to facilitate a two-story addition to the Boulan South Beach Hotel, as the proposer has indicated that there is still FAR available on the site. The addition will allow the hotel to provide some additional rooms and enhanced amenities for guests. Considering the requirement for a certificate of appropriateness from the HPB, the Administration is supportive of the proposed Ordinance, as it will provide more flexibility for additions to existing buildings.

PLANNING BOARD REVIEW
The Planning Board held a public hearing on July 26, 2022 and transmitted the Ordinance to the City Commission with an unfavorable recommendation (5-1). The version of the Ordinance transmitted by the Planning Board included CD-2 zoned properties within the Museum District.

SUMMARY
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 First Reading on September 14, 2022, the Administration recommended that Section 142-1161(d)(7) of the proposed Ordinance be amended as follows:

Sec. 142-1161. Height regulation exceptions.

For all districts, except RS-1, 2, 3 and 4 (single-family residential districts).

* * *

(d) Rooftop additions.

* * *

(7) Museum Historic District. Notwithstanding the foregoing provisions of subsection 142-1161(d)(2), existing non-contributing buildings located within the CD-3 zoning district and the Museum 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.


Subsequent to the Ordinance being deferred on September 14, 2022, the item sponsor requested that the Ordinance be amended to include the above noted recommendation. The attached Ordinance for consideration at First Reading has been updated to reflect this change.

As noted previously, the Administration recommended that the Ordinance be limited to eligible properties located in the CD-3 district only, as this zoning classification is more intense than the CD-2 district and can better accommodate an increase in maximum building height. Although there may be other, eligible properties within the CD-2 district, the Administration believes that any increase in height within a less intense zoning district should be further studied.

SUPPORTING SURVEY DATA

Improve Infill Development

FINANCIAL INFORMATION

No Fiscal Impact Expected

Applicable Area

South Beach
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 
Legislative Tracking
Commissioner Kristen Rosen Gonzalez

ATTACHMENTS:
Description
Museum HD - MAP
Zoning - MAP
Rooftop Additions in Museum District