ARCHITECTURAL DISTRICT RM-3 SINGLE STORY ROOFTOP ADDITIONS

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 5, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS," AT SECTION 7.5.2.1 ENTITLED "HEIGHT REGULATION EXCEPTIONS AND ROOFTOP ADDITIONS," TO ADOPT REGULATIONS APPLICABLE TO SINGLE STORY ROOFTOP ADDITIONS ON PROPERTIES LARGER THAN 115,000 SQUARE FEET IN THE RM-3 ZONING DISTRICT LOCATED BETWEEN LINCOLN ROAD AND 18 STREET; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.

On February 22, 2023, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed amendment (C4 H) to the Land Use and Sustainability Committee (LUSC), the Planning Board and the Historic Preservation Board. On April 19, 2023 the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation.

The Historic Preservation Board (HPB) is scheduled to discuss the proposal on May 9, 2023. The Administration will provide an update on the recommendation of the HPB.

Representatives of the Ritz Carlton and Sagamore Hotels, located at 1 Lincoln Road and 1671 Collins Avenue, respectively, are proposing a redevelopment project including the renovation of the existing contributing buildings, the construction of a new ground level tower addition and single-story rooftop addition, and overall site improvements. As part of this effort, the developer has proposed amendments to the Land Development Regulations of the City Code (LDRs) pertaining to height regulation exceptions.

Tangentially, on November 8, 2022, the Historic Preservation Board (HPB) held a discussion regarding the current regulations governing rooftop additions within historic districts. As part of this discussion the HPB unanimously approved the following motion with five (5) members present:

To further incentivize the retention and restoration of contributing buildings, the Board recommends that the Mayor and City Commission consider amending the Land Development Regulations to give the HPB greater latitude in the review and approval of rooftop additions, not to exceed the maximum permitted height for the underlying zoning district, within historic districts.

Separately, and as directed by the City Commission, the representatives of these properties are in the process of negotiating an agreement with the City to govern the development and maintenance responsibilities for proposed improvements to impact a portion of the public right-of-way in the 100 Block of Lincoln Road. Such agreement would require approval by the City Commission and the potential fiscal impact is yet to be determined.

Rooftop additions are currently prohibited on oceanfront properties located within the Architectural District, except for properties with no frontage on Collins Avenue. The proposed amendment will allow for the construction of a single-story rooftop addition, not to exceed the maximum permitted height in the underlying zoning district, on oceanfront properties greater than 115,000 square feet in size that are located between Lincoln Road and 18th Street.

The amendment also requires that a rooftop addition not be visible from Collins Avenue, and that the addition be set back a minimum of 150 feet from both the rear property line and Lincoln Road. Also, any rooftop addition would have a maximum floor to ceiling height of 15 feet, which is consistent with rooftop additions allowed within the Morris Lapidus/Mid-20th Century Historic District and for properties within the Architectural District that do not have frontage on Collins Avenue. Finally, the amendment will allow for the introduction of a roof deck above a mechanical room.

Any rooftop addition proposed for a building located within a historic district requires certificate of appropriateness approval from the HPB. As such, the HPB will have full discretion regarding the height, placement, and design of any proposed rooftop addition. Considering the requirement for a certificate of appropriateness from the HPB, as well as the additional setback requirements, the Administration is supportive of the proposed ordinance.

Further, as noted in the background section of this memo, the proposed amendment is consistent with a recommendation made by the HPB at their November 8, 2022 meeting and will allow for more flexibility for additions to existing buildings.

PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). By separate motion, the Planning Board also recommended that the City Commission accelerate the improvements proposed for the public right-of-way in the 100 Block of Lincoln Road.

UPDATE

The subject ordinance was approved at First Reading on May 17, 2023, with no changes.