FL - Miami Beach: HISTORIC PRESERVATION BOARD

Issues discussed this meeting include:

When and Where is the Next Meeting?

HISTORIC PRESERVATION BOARD

Land Use and Sustainability Committee City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive March 17, 2020 - 8:00 AM

Tagged Interests: boards and commissions, conventions, and sustainability

Commissioner Mark Samuelian, Chair Commissioner Michael Gongora, Vice-Chair Commissioner Ricky Arriola, Member Commissioner Micky Steinberg,

Alternate

Alina T. Hudak, Liaison Naima De Pinedo, Support Staff

LAND USE AND SUSTAINABILITY COMMITTEE AGENDA COMMISSION CHAMBERS 1700 CONVENTION CENTER DRIVE 3RD FL.

Tagged Interests: boards and commissions, conventions, and sustainability

Tuesday, March 17, 2020, 8:00 AM

ACTION ITEMS

1 Discussion Pertaining To Amendments To The City Code Regarding Potential Requirements For Higher Elevation For New Commercial Construction That Is

Vulnerable To Flooding.
Tagged Interests: construction, flooding, and commercial

Commissioner Ricky Arriola July 31, 2019 C4 D (Deferred from January 21, 2020)

2 Discussion: Establishment Of Penalties For Property Owners Engaging In Demolition By Neglect. Commissioner Ricky Arriola

Tagged Interests: property and demolition

July 17, 2019 C4 O (Deferred from January 21, 2020)

3 Discussion Pertaining To Strategic Increases In FAR Related To Resiliency And Other Defined Policy Benchmarks.

Tagged Interests: strategic and policy

Mayor Dan Gelber January 15, 2020 C4 K (Continued from February 18, 2020)

4 Parking Requirements in Historic and Conservation Districts MXE Regulations. Commissioner Ricky Arriola

Tagged Interests: regulation, historic, Conservation, and parking

February 12, 2020 R5 H

5 Proposed Zoning Overlay For The Lehrman Day School At 77th Street And Dickens Avenue. Commissioner Micky Steinberg

Tagged Interests: zoning and education

December 11, 2019 C4 N (Deferred from February 18, 2020)

Time Certain 9 a.m. 6 Discuss Permitting Outdoor Theatre Use.

Commissioner Ricky Arriola February 12, 2020 C4 X (Continued from February 18, 2020)

Page 1 of 202

Time Certain 9:45 a.m.

DISCUSSION ITEMS

7. Discussion On The Status of Suite-Hotels In The West Avenue Neighborhood. Commissioner Mark Samuelian

Tagged Interests: hotel and neighborhood

February 12, 2020 (C4 V) Planning

Tagged Interests: planning

8. Review Of Resilience Strategy Workplan Planned And In Progress Resiliency Projects: PALM HIBISCUS, WEST AVENUE, FIRST STREET AND INDIAN CREEK.

Tagged Interests: strategic and streets

Commissioner Mark Samuelian

Capital Improvement Projects / Public Works

Tagged Interests: capital spending, Capital Spending, Public Works, and public works

9. Matrix Recommendations Simplification Of Single Family Home Regulations And DRB Administrative Review Procedures.

Tagged Interests: regulation and procedure

No Sponsor October 16, 2019 R5 V

Planning

Tagged Interests: planning

10. Mitigation Project funding from the U.S. Department of Housing and Urban Development. Commissioner Mark Samuelian

Tagged Interests: funding, development, Development, and housing

September 11, 2019 C4 P (Continued from October 23, 2019 Sustainability and Resiliency Committee) Office of the City Manager - Grants and

Intergovernmental Affairs
Tagged Interests: grant, administrator, manager, intergovernmental, and sustainability

11. Discussion Regarding Tight Urbanism. Commissioner Ricky Arriola

September 11, 2019 C4 Z (Deferred from February 18, 2020) Planning

Tagged Interests: planning

12. Discuss RM-2 Zoning At The West End Of Arthur Godfrey Road/41st Street And Potential For Public Benefits.

Tagged Interests: zoning

Commissioner MIchael Gongora and Co-Sponsored by Commissioner Ricky Arriola October 16, 2019 C4 T Deferred from February 18, 2020)

Planning

Tagged Interests: planning

13. 16. Discussion Regarding The Frequency Of Water Testing In Miami Beach. Commissioner Micky Steinberg

Tagged Interests: utility, Utility, beach, and water

September 11, 2019 R9 S (Continued from January 21, 2020) Environment Sustainability Department

Tagged Interests: Conservation, environment, and sustainability

14. Discussion To Explore Increasing The Usage Of Temporary Pumps And Funding It Using Monies From The Convention Center Hotel.

Tagged Interests: funding, hotel, and conventions

Commissioner Mark Samuelian January 15, 2020 C4 N (Continued from February 18, 2020)

Public Works

Tagged Interests: Public Works and public works

15. Discuss Piloting The Closure Of 9th Street Between Ocean Drive And Collins Avenue. Commissioner Ricky Arriola

Tagged Interests: payment in lieu of taxes and streets

January 15, 2020 C4 P Transportation Mobility

Tagged Interests: transportation

16. Discuss Designating Ocean Drive As A Valet Only Street. Commissioner Ricky Arriola

Tagged Interests: streets

January 15, 2020 C4 Q (Deferred from February 18, 2020) Parking

Tagged Interests: parking

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SUPPLEMENTAL

17. Discussion To Review The Role Of Land Use Boards In Neighborhood Improvement Projects. Commissioner Mark Samuelian

Tagged Interests: neighborhood

April 11, 2018 C4 N (Deferred from January 21, 2020)

18. Discussion Regarding Incentivizing New Development To Include Units For Workforce And Affordable Housing Within New Developments That Seek

Development, Height, And/Or Zoning Amendments From The City Of Miami Beach.
Tagged Interests: development, beach, zoning, Development, workforce, and housing

Commissioner Michael Gongora May 8, 2019, C4 M (Deferred from January 21, 2020)

19. Discuss Limiting Big Box Formula Retail And Formula Restaurants In Sunset Harbour. Commissioner Ricky Arriola

Tagged Interests: restaurants

June 5, 2019 C4 Q (Continued from February 18, 2020)

20. Discussion Pertaining To A Transfer Of Development Rights (TDR) Along The Tatum Waterway Area.

Tagged Interests: development and Development

Commissioner Ricky Arriola July 17, 2019, C4 R (Deferred from January 21, 2020)

DEFERRED ITEMS

21. Discussion Regarding How Green infrastructure Including Living Or Hybrid Shorelines Can Complement Grey infrastructure ln Our Climate Adaptation

On-Going Work.
Tagged Interests: environment

Commissioner Micky Steinberg April 13, 2016 C4 N

22. Discussion On City Of Miami Beach Stormwater, Sanitary, Sewer, And Water Infrastructure Best Management Practices.

Tagged Interests: sewer, utility, Utility, beach, water, and stormwater

Commissioner Micky Steinberg May 11, 2016 C4 U

23. Discussion On Repurposing Our Golf Courses For The Future. Commissioner Ricky Arriola

Tagged Interests: golf

May 16, 2018 C4 AB (Deferred from February 18, 2020)

24. Discussion On Artificial Reefs. Commissioner Ricky Arriola

May 16, 2018 C4 AI (Deferred from January 21, 2020)

25. Discuss The July 30, 2019 Sustainability Committee Motions. Commissioner Mark Samuelian

Tagged Interests: sustainability

October 16, 2019 C4 K

26. Discussion: Review of Allowable Store Signage. Commissioner Micky Steinberg

Tagged Interests: advertising, signage, and commercial

January 15, 2020 C4 R (Deferred from February 18, 2020)

27. Discuss The Potential Implementation Of Adopt-A-Drain Or Similar Program In Miami Beach. Commissioner Mark Samuelian

Tagged Interests: beach and program

February 12, 2020 C4 U

WITHDRAWN ITEMS

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28. Proposed Sale of City Owned Lot at 6950 Harding Avenue (PL 84) to Integra Real Estate LLC. Commissioner Mark Samuelian

Tagged Interests: sale

October 30, 2019 C4 A

29. Discuss Updates To The City Code Referencing Turtle Nesting. Commissioner Mark Samuelian

September 25, 2017 C4 F

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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

Tagged Interests: beach and conventions

Item 1 COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

Tagged Interests: sustainability

FROM: Jimmy L. Morales, City Manager

Tagged Interests: administrator and manager

DATE: March 17, 2020

TITLE: DISCUSSION PERTAINING TO AMENDMENTS TO THE CITY CODE REGARDING POTENTIAL REQUIREMENTS FOR HIGHER ELEVATION FOR NEW COMMERCIAL CONSTRUCTION

THAT IS VULNERABLE TO FLOODING.
Tagged Interests: construction, flooding, and commercial

ACTION REQUESTED: Discuss the item and recommend that the City Commission refer the attached draft ordinance to the Planning Board.

Tagged Interests: planning, ordinance, and boards and commissions

ADMINISTRATION RECOMMENDATION: Conclude the item and recommend that the City Commission refer the attached draft ordinance to the Planning Board.

Tagged Interests: planning, ordinance, and boards and commissions

HISTORY: On July 31, 2019, at the request of former Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the

Sustainability and Resiliency Committee (Item C4 D). Subsequent to this referral, Commissioner Ricky Arriola agreed to co-sponsor the item and is now the sponsor.
Tagged Interests: boards and commissions, sustainability, and history

The item was discussed at the September 25, 2019 SRC meeting and continued to the November 27, 2019 meeting, with direction to the administration to

come back with options on how to build additional resiliency into commercial structures.
Tagged Interests: commercial

The November 27, 2019 and December 18, 2019 SRC meetings were cancelled, and the item was moved to the January 21, 2020 agenda of the newly created

Land Use and Sustainability Committee. On January 21, 2020 the item was continued to the March 17, 2020 LUSC meeting.
Tagged Interests: sustainability

ANALYSIS: Recently released 2019 sea level rise projections from the South Florida Climate Compact indicate that sea levels are rising faster than

previously anticipated. Additionally, as the climate continues to change, Miami Beach expects to see an increase in major rain events which can cause flash flooding. As the City continues to grow, it is important to ensure that new developments are resilient to and able to adapt to sea level rise and climate change.
Tagged Interests: development, beach, events, environment, flooding, and Development

The attached draft ordinance contains different options to ensure that ground floor commercial

Tagged Interests: ordinance and commercial

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uses in different types of buildings are resilient to sea level rise in the near-term and able to adapt to increasing sea level rise with minimal

alterations in the long-term. The proposal would also reduce the risks of significant flooding and related damage during major rain events. Standards are provided for three (3) different thresholds in an increasing manor to ensure that the mitigation required is feasible for the type of development being proposed. The proposed ordinance contains four major components as follows:
Tagged Interests: Homebuilder, ordinance, development, risk, events, flooding, and Development

Minimum Ground Floor Heights Today, the City of Miami Beach Land Development Regulations (LDRs) provide that height is measured from the Base Flood

Elevation (BFE) plus the City of Miami Beach Freeboard. On October 29, 2019, Allan Shulman presented his team s Historic District Resiliency Guidelines. One of the recommendations in this plan is to require that the height of buildings be measured from the Design Flood Elevation (DFE). This term does not change the way the City measures height, but rather provides a catchall term for this measurement. The proposed ordinance therefore proposes to measure building heights from the DFE which is defined as the BFE plus City of Miami Beach Freeboard...
Tagged Interests: Homebuilder, regulation, ordinance, development, historic, beach, flooding, and Development

Currently, the LDRs require that commercial ground floors have a ceiling elevation of 12 feet above the Future Crown of Road Elevation (5.26 NGVD).

While this provides greater resilience for a building by allowing it to adapt by raising the ground floor in the future, it is an insufficient clearance for the very long term pursuant to the South Florida Climate Compact Unified Sea Level Rise Projects and projected King Tides. The proposed ordinance establishes a Minimum height of non-residential ground floors. This requires that the underside of a ceiling of a new development be located at least 12 feet above the DFE. This provides a minimum of an additional 3.74 of headroom for the ground floor to be raised. This will allow buildings to be resilient for a much longer period.
Tagged Interests: Homebuilder, ordinance, streets, development, environment, Development, commercial, and clearance

Existing Building Standards As existing buildings are renovated, it is important to ensure that improvements are made to those structures so that

they are made more resilient to the impacts of sea level rise and major rain events. The Land Development Regulations contain requirements to bring existing non- conforming structures that are being renovated in excess of 50 of the value of the building in conformance with several aspects of the code. For buildings undergoing such a renovation, the proposed ordinance would require improvements to help mitigate against the impacts of sea level rise and climate change. For such buildings, the ordinance proposes the following:
Tagged Interests: Homebuilder, regulation, ordinance, development, events, environment, and Development

1. To improve a building s resiliency to sea level rise and major rain events, the proposed ordinance requires that where feasible, the ground floor

shall be located at a minimum elevation of one foot (1 ) above the highest sidewalk elevation adjacent to the frontage. Ramping and stairs from the sidewalk elevation to the ground floor elevation shall occur inside the property and not encroach into the public sidewalk or setback areas.
Tagged Interests: Homebuilder, ordinance, streets, zoning, events, property, and Pedestrian

2. In order to limit a building s risk during a major rain events, knee walls should be provided to limit water s ability to seep into buildings to

doorways. Therefore, the proposed ordinance requires that except where there are doors, facades shall have a knee wall with a minimum height of two feet-six inches (2 -6 ) above the sidewalk elevation.
Tagged Interests: Homebuilder, ordinance, streets, utility, Utility, risk, events, water, and Pedestrian

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3. In order to limit a building s risk during a major rain events, the proposed ordinance requires that where feasible, ground floors shall utilize

flood damage resistant materials for a minimum of 2 6 above the floor elevation.
Tagged Interests: Homebuilder, ordinance, materials, risk, events, and flooding

4. Flood panels are useful when there is a predicted hurricane; however, when there is a significant rain event, there is rarely sufficient time to

install them. Where buildings are in low-lying areas that necessitate the use of flood panels, it is important that the flood panels that are for doorways be easily accessible so that they can be quickly installed in case of a storm. Therefore, the proposed ordinance requires that flood panels for doorways shall be permanently located next to all doorways.
Tagged Interests: Homebuilder, ordinance, events, and flooding

Because there may be circumstances where such improvements may not be feasible due to the existing nature of the building, the proposed ordinance

incorporates a provision that allows the HPB or the DRB, as applicable, to waive the requirements. For example, raising the ground floor may be difficult or unfeasible if there is a historic public interior that has architecturally significant flooring or if there is insufficient headroom. However, the applicant must demonstrate how the development will mitigate against the impacts of sea level rise and storm water.
Tagged Interests: Homebuilder, ordinance, utility, development, historic, Utility, water, Development, and stormwater

Short Frontage Standards The City has seen several infill buildings with ground floor commercial uses that have been developed in recent years which

are adjacent to existing and historic buildings which are built at lower elevations. These buildings typically have a frontage that is less than 150 feet long. While it is important to make sure that the new buildings are resilient and able to adapt, it is also important to ensure that those buildings are compatible with the surrounding built environment. In such a situation, there are many features that can be incorporated into the building that will allow it to be more resilient and able to adapt to sea level rise in the future, while remaining compatible with the built environment.
Tagged Interests: Homebuilder, historic, zoning, Conservation, environment, and commercial

In order to allow buildings to be more resilient and adaptable, the following requirements are incorporated into the draft ordinance, in addition to

those required for existing buildings:
Tagged Interests: Homebuilder and ordinance

1. To improve a building s resiliency to sea level rise and major rain events, the ground floor should be located higher than the sidewalk elevation.

Because access ramps and steps consume large areas, it is suggested that the floor be at least two (2) steps (14 inches) above the sidewalk elevation. Therefore, the proposed ordinance requires that the ground floor shall be located a minimum of fourteen inches (14 ) above the highest sidewalk elevation adjacent to the frontage. Ramping and stairs from the sidewalk elevation to the ground floor elevation shall occur within the property and shall not encroach into the public sidewalk or setback areas.
Tagged Interests: Homebuilder, ordinance, streets, zoning, events, property, and Pedestrian

2. Ground floor setbacks must be wide enough to allow for wider pedestrian circulation paths and sufficient landscaped areas and facilitate the

ability to adapt in the future as rights of way are raised to mitigate against the impacts of sea level rise. Landscape areas should be larger in order to help drain and treat stormwater. As a result, the proposed ordinance proposes that there should be a minimum of 15 feet from the back of the curb of the roadway, to provide for a ten (10) foot wide sidewalk Circulation Zone that includes a five (5) foot wide Clear Pedestrian Path, and a five (5) foot wide landscape area.
Tagged Interests: ordinance, streets, buildings and grounds, Pedestrian, and stormwater

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3. There are developments that have multiple frontages; this presents an opportunity to provide additional mitigation measures. The proposed

ordinance requires that for developments that have multiple frontages and one frontage is greater than 150 feet, the development shall follow the more stringent standards for buildings with long frontages, which are described below.
Tagged Interests: Homebuilder, ordinance, development, zoning, and Development

The Historic Preservation Board (HPB) or the Design Review Board (DRB), as applicable, is able to waive the requirements if implementing them is

unfeasible; however, the applicant is required to demonstrate how the development will mitigate against the impacts of sea level rise and stormwater.
Tagged Interests: historic preservation, development, historic, Development, preservation, and stormwater

Long Frontage Standards The City has several examples of new commercial and mixed-use development which have raised the public sidewalks adjacent to

their properties in order to facilitate incorporating higher ground floor elevation. These projects tend to have frontages that are longer than 150 feet. The majority are located on or near commercial sections of Alton Road. The sidewalks are generally being raised to the Future Crown of Road Elevation as designated in the City s Stormwater Master Plan which is currently set at 5.26 NGVD (3.7 NAVD)
Tagged Interests: streets, development, zoning, Development, commercial, Pedestrian, and stormwater

The Planning Department has analyzed how those buildings and sidewalks are being developed and how transitions between lower and higher sidewalk

levels are occurring. Since uniform standards do not exist, each sidewalk is being developed in a different fashion. Each example that was analyzed has both positive and negative aspects. The proposed ordinance consolidates the positive aspects of each example into uniform sidewalk and ground floor commercial standards that can be followed by future projects.
Tagged Interests: Homebuilder, planning, ordinance, streets, commercial, and Pedestrian

Below is a description of some of the major sites that were analyzed, including positive and negative aspects. Photos and a more detailed description

are available in the attached PowerPoint presentation.
Tagged Interests: sites

709 Alton Road (Baptist Urgent Care) This development contains raised sidewalks. A very positive aspect is that the ground floor fa ade is setback,

allowing for a wider pedestrian circulation area. The landscape transition area between the raised sidewalk and the lower parallel parking is wide enough for the landscaping to succeed. However, no access is provided to the vehicles from the sidewalk, leading to people walking through and damaging the landscaping to access the sidewalk, or alternatively, dangerously walking along the edge of travel lanes to get to access points at the corners of the block. The transition area to one of the lower level adjacent sidewalks exceeds 5 and therefore necessitating that handrails being placed in public rights of way.
Tagged Interests: streets, travel, development, healthcare, Development, buildings and grounds, Pedestrian, and parking

1212 Lincoln Road This development contains raised sidewalks. A very positive aspect is that the ground floor fa ade is setback to allow for wider

pedestrian circulation areas and future outdoor cafes. Transitions to lower adjacent sidewalks are gradual and therefore do not require handrails being placed in public rights of way. However, the landscape transition area between the raised sidewalk and the lower parallel parking is narrow, and the landscaping has struggled to survive. The landscape transition area has areas with steps to allow direct access to on-street parallel parking; however, they are insufficient to provide access to the entire row of parallel parking and they are placed in locations where access can be blocked by parked vehicles.
Tagged Interests: streets, development, restaurants, Development, buildings and grounds, Pedestrian, and parking

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1045 5th Street (Target) This development contains raised sidewalks. However, the pedestrian circulation paths are somewhat narrow and broken up by

planters. Because there are minimal landscape transition areas between the raised sidewalk and the vehicle travel lanes, handrails are necessitated along the edge of the raised sidewalks. Because the location of building entrances was not considered prior to the design of the raised sidewalk, ADA access requirements necessitate the use of awkward steps and switchback ramps with handrails to transition between the raised sidewalk elevation and the adjacent lower sidewalk elevations. One positive aspect is that trees are planted in raised planters that will allow the trees to survive sea level rise and future roadway adaptation.
Tagged Interests: Homebuilder, grocery, streets, travel, disability, development, plant, Development, buildings and grounds, and Pedestrian

In addition to the requirements for existing buildings and buildings with short frontages, and based on the analysis of the various sites, the

following best practices for developments with raised sidewalks have been identified and incorporated into the draft ordinance for developments that have a frontage that is longer than 150 feet:
Tagged Interests: Homebuilder, ordinance, sites, streets, development, zoning, Development, and Pedestrian

1. Developments with longer frontages have an easier ability to raise sidewalks and provide transitions to areas with lower elevations. Because these

buildings are larger there is a bigger area that can facilitate sea level rise mitigation. Therefore, the proposed ordinance requires that, with the exception of transition areas, the sidewalk must be raised at a minimum to the future crown of road elevation (5.26 NGVD).
Tagged Interests: Homebuilder, ordinance, streets, development, zoning, Development, and Pedestrian

2. Ground floor setbacks are to allow for a wider pedestrian circulation zone and sufficient landscape transition areas between the raised sidewalks

and lower level roadways. Landscape transition areas must be sufficiently wide to allow trees to thrive and eliminate the need for handrails along the edge of the circulation zone. As a result, the proposed ordinance proposes that there should be a minimum of 15 feet from the back of the curb of the roadway, to provide for a ten (10) foot wide sidewalk circulation zone that includes a five (5) foot wide clear pedestrian path, and a five (5) foot wide landscape transition area between the raised sidewalk and the lower vehicular roadway.
Tagged Interests: ordinance, streets, trees, buildings and grounds, and Pedestrian

3. As sea levels rise, the fresh water source required for trees to survive will diminish. Additionally, as roads are raised, it is important that

trees will not be impacted. Therefore, it is important that trees be planted at higher elevations so that they will be resilient. As a result, the proposed ordinance requires that trees be planted in raised planters or stabilized planting areas with a minimum elevation of the future crown of road.
Tagged Interests: ordinance, streets, utility, Utility, water, plant, and trees

4. The sidewalk transitions between higher and lower elevations should be designed to minimize impacts to pedestrian comfort and safety. Low slopes

on transitions between raised sidewalks and lower sidewalk elevations should be provided. This should be considered before entry points into a building are sited to remove the need for steps and the use of minimize handrails. Generally, this necessitates that slopes of less than five (5 ) percent be provided so that ADA access can be maintained. Therefore, the proposed ordinance requires that the use of switchbacks, and handrails be prohibited in parallel transition areas.
Tagged Interests: Homebuilder, ordinance, streets, disability, and Pedestrian

5. In order to improve safety for those parallel parking and minimize impacts to landscaping, developments must provide properly placed access steps

where there is lower elevation parallel
Tagged Interests: development, Development, and parking

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parking adjacent to a raised sidewalk. Therefore, the proposed ordinance requires that steps that are no wider than 36 inches be placed between every

two parking spaces where parallel parking exists.
Tagged Interests: ordinance, streets, Pedestrian, and parking

6. Because the sidewalk is being raised, there are opportunities to raise the ground floor even further than what is typically done, providing for

resilience to sea level rise for a longer time frame. Therefore, the proposed ordinance requires that the ground floor elevations be located a minimum of 14 inches above the raised sidewalk elevation.
Tagged Interests: ordinance, streets, and Pedestrian

7. Because the sidewalk is raised, knee walls can be measured from a higher elevation, improving the building s resilience to major rain events.

Therefore, the proposed ordinance requires that except where there are doors, facades shall have a knee wall with a minimum height of two feet-six inches (2 -6 ) above the raised sidewalk elevation.
Tagged Interests: Homebuilder, ordinance, streets, events, and Pedestrian

As with the short frontage standards, the HPB or the DRB will have the ability to waive standards, provided that the applicant provides measures to

mitigate against sea level rise and storm water.
Tagged Interests: utility, Utility, zoning, water, and stormwater

Applicable Area Citywide

Is this a Residents Right to Know item, pursuant to City Code Section 2-14?

Does this item utilize G.O. Bond Funds?

Tagged Interests: funding and bond

Yes No

Departments Planning

Tagged Interests: planning

ATTACHMENTS: Description Type Draft ORD Memo Power Point Presentation and Graphics Memo

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Page 1 of 9

Standards to Reduce Risk for Non-Residential Buildings

Tagged Interests: Homebuilder and risk

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF

Tagged Interests: ordinance and boards and commissions

MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI

Tagged Interests: beach

BEACH, SUBPART B, ENTITLED LAND DEVELOPMENT REGULATIONS,

Tagged Interests: regulation, development, beach, and Development

BY AMENDING CHAPTER 114, ENTITLED GENERAL PROVISIONS, AT

SECTION 114-1, ENTITLED DEFINITIONS, TO MODIFY THE DEFINITION OF

HEIGHT OF BUILDING AND ESTABLISH DEFINITIONS FOR DESIGN

Tagged Interests: Homebuilder

FLOOD ELEVATION, MINIMUM HEIGHT OF NON-RESIDENTIAL

Tagged Interests: flooding

BUILDINGS, AND RELATED DEFINITIONS; AND AMENDING CHAPTER 118,

Tagged Interests: Homebuilder

ENTITLED, ADMINISTRATION REVIEW AND PROCEDURES, ARTICLE IX,

Tagged Interests: procedure

ENTITLED NONCONFORMANCES, TO CLARIFY THAT MINIMUM FIRST

FLOOR ELEVATION STANDARDS APPLY IN THE EVENT A

Tagged Interests: events

NONCONFORMING STRUCTURE IS DEMOLISHED; AND AMENDING

CHAPTER 133, ENTITLED SUSTAINABILITY AND RESILIENCY, TO

Tagged Interests: sustainability

ESTABLISH ARTICLE III, TO BE ENTITLED GROUND FLOOR COMMERCIAL

Tagged Interests: commercial

STANDARDS, TO ESTABLISH REGULATIONS FOR BUILDING FRONTAGES

Tagged Interests: Homebuilder, regulation, and zoning

WITH GROUND FLOOR COMMERCIAL USES; AND PROVIDING FOR

Tagged Interests: commercial

REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

WHEREAS, the City of Miami Beach (the City ) has the authority to enact laws which

Tagged Interests: beach

promote the public health, safety, and general welfare of its citizens; and

Tagged Interests: health

WHEREAS, Comprehensive Plan Goal RLU 3 seeks to encourage innovative

Tagged Interests: strategic

development consistent with the historic resources of the City, while ensuring that redevelopment, investment, and new development is constructed

utilizing principles of sustainable and resilient development practices; and
Tagged Interests: development, historic, Development, and investment

WHEREAS, Comprehensive Plan Guiding Principle 1 states that The City shall

Tagged Interests: strategic

encourage redevelopment that contributes to community resiliency by meeting all required peril of flood mitigation and storm hazard standards for

on-site development and shall also prioritize energy efficient development that provides stormwater mitigation, and co-benefit features that contribute to the City s resiliency as a whole; and
Tagged Interests: development, flooding, Development, energy, and stormwater

WHEREAS, Comprehensive Plan Policy RLU 2.1.6 seeks to Maximize unpaved

Tagged Interests: strategic and policy

landscape to allow for more stormwater infiltration. Encourage planting of vegetation that is highly water absorbent, Florida friendly or native,

able to withstand the marine environment, and tropical storm winds. Encourage development measures that include innovative climate adaption and mitigation designs with creative co-benefits where possible, through the Land Development Regulations and regulations related to the Care and Maintenance of Trees and Plants within the City Code of Ordinances; and
Tagged Interests: regulation, ordinance, utility, development, Utility, water, Conservation, environment, plant, trees, Development, buildings and grounds, and stormwater

WHEREAS, Comprehensive Plan Objective RLU 2.4 seeks to Identify and implement

Tagged Interests: strategic

resilient and sustainable development best practices to encourage effective long-term investments that sustain and/or the quality of life for

residents; and
Tagged Interests: development, Development, and investment

WHEREAS, the Miami Beach Comprehensive Plan designates the entire City as an

Tagged Interests: strategic and beach

Adaptation Action Area (AAA) containing one or more areas that experience coastal flooding due

Tagged Interests: flooding

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Page 2 of 9

to extreme high tides and storm surge, and that are vulnerable to the related impacts of rising sea levels for the purpose of prioritizing funding

for infrastructure and adaptation planning; and
Tagged Interests: planning and funding

WHEREAS, Comprehensive Plan Climate Resiliency and Sustainability Element Policy

Tagged Interests: strategic, environment, policy, and sustainability

RSE 1.1.4 states that the City will develop and implement adaptation strategies for areas vulnerable to coastal flooding, tidal events, storm surge,

flash floods, stormwater runoff, salt water intrusion and other impacts related to climate change or exacerbated by sea level rise, with the intent to increase the community s comprehensive adaptability and resiliency capacities; and
Tagged Interests: utility, Utility, events, water, environment, flooding, and stormwater

WHEREAS, Comprehensive Plan Policy RSE 1.2.4 states that The City shall evaluate

Tagged Interests: strategic and policy

new area plans and land development regulations for their impacts on stormwater management and sea-level rise, including prioritizing increasing

permeable surfaces, maximizing on-site water management, enhancing walkability, encouraging alternative modes of transportation, and preserving neighborhood character; and
Tagged Interests: regulation, utility, development, Utility, transportation, water, Development, neighborhood, and stormwater

WHEREAS, Comprehensive Plan Policy RSE 2.2.1 states that Stormwater management

Tagged Interests: strategic, policy, and stormwater

techniques to meet the drainage level-of-service standards of this plan shall be required for all new development and shall be incorporated in the

City s concurrency requirements of the Land Development Regulations; and
Tagged Interests: regulation, development, Development, and stormwater

WHEREAS, the City Code provides for the regulation of how the height of buildings are

Tagged Interests: Homebuilder and regulation

measured, including definitions and exclusions; and

WHEREAS, the City desires to change the method in which the height of buildings are

Tagged Interests: Homebuilder

measured to address sea level rise; and

WHEREAS, it is appropriate to update the definitions in the Land Development

Tagged Interests: development and Development

Regulations; and

Tagged Interests: regulation

WHEREAS, the proposed amendments to the Land Development Regulations are

Tagged Interests: regulation, development, and Development

consistent with the Goals, Objectives, and Policies of the Comprehensive Plan; and

Tagged Interests: strategic

WHEREAS, the amendments set forth below are necessary to accomplish all of the above

objectives.

NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF

Tagged Interests: boards and commissions

THE CITY OF MIAMI BEACH, FLORIDA.

Tagged Interests: beach

SECTION 1. The following provisions of Chapter 114 of the City Code, entitled General Provisions, is hereby amended as follows:

Chapter 114 General Provisions

Sec. 114-1. Definitions.

Design flood elevation means the base flood elevation plus City of Miami Beach Freeboard. For existing development where the minimum finished floor

elevation is located below the City of Miami Beach Freeboard, the design flood elevation means the minimum finished floor elevation.
Tagged Interests: development, beach, flooding, and Development

* * *

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Page 3 of 9

Height of building means the vertical distance from the lowest floor design flood elevation according to the highest point of a roof following, as

applicable follows:
Tagged Interests: Homebuilder and flooding

(a) When the minimum finished floor elevation is located between grade and base flood

Tagged Interests: flooding

elevation plus City of Miami Beach Freeboard , height shall be measured from the minimum finished floor elevation to the highest point of the roof;

Tagged Interests: beach

(b) When the minimum finished floor elevation in located above the base flood elevation plus

Tagged Interests: flooding

freeboard, height shall be measured from the base flood elevation plus freeboard.

Tagged Interests: flooding

The highest point of a roof is as follows:

1. The highest point of a flat roof;

2. The deck line of a mansard roof;

3. The average height between eaves and ridge for gable hip and gambrel roofs; or

4. The average height between high and low points for a shed roof.

(c) For commercial new non-residential development properties, height shall be measured

Tagged Interests: development, Development, and commercial

from the base flood elevation, plus freeboard, provided that the height of the first ground floor shall comply with the minimum height of

non-residential ground floors. be tall enough to allow the first floor to eventually be elevated to base flood elevation, plus freeboard, with a future minimum interior height of at least 12 feet as measured from the height of the future elevated adjacent right-of-way is elevated as provided under the city's public works manual.
Tagged Interests: flooding, Public Works, and public works

* * *

Minimum finished floor elevation means the lowest enclosed floor above grade and shall not

include areas for building access, provided such areas do not exceed a depth of 20 feet from the exterior building face. Interior stairs, ramps and

elevators used to transition from grade to the minimum finished floor elevation may be located beyond the 20 feet depth from the exterior building face. However, areas for building access may exceed a depth of 20 feet from the exterior building face if approved by the design review board or historic preservation board, as applicable.
Tagged Interests: Homebuilder, historic preservation, historic, and preservation

Minimum height of non-residential ground floor means the minimum elevation of the underside of the ceiling of the ground floor of a non-residential

use, which shall be located a minimum of 12 feet above the design flood elevation.
Tagged Interests: flooding

SECTION 2. Chapter 118, entitled, Administration Review and Procedures, Article IX, entitled Nonconformances, is hereby amended as follows:

Tagged Interests: procedure

Sec. 118-395. - Repair and/or rehabilitation of nonconforming buildings and uses.

Tagged Interests: Homebuilder

* * *

(b) Nonconforming buildings.

Tagged Interests: Homebuilder

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* * *

(5) Notwithstanding the foregoing, in the event of a catastrophic event, including, but not limited to, fire, tornado, tropical storm, hurricane, or

other act of God, which results in the complete demolition of a building or damage to a building that exceeds 50 percent of the value of the building as determined by the building official, such building may be reconstructed, repaired or rehabilitated, and the structure's floor area, height, setbacks and any existing parking credits may remain, if the conditions set forth in subsection (b)(1)a d herein are met. However, the structures first floor elevation shall meet all applicable provisions of these land development regulations.
Tagged Interests: Homebuilder, regulation, development, events, Development, demolition, and parking

SECTION 3. The following provisions of Chapter 133 of the City Code, entitled Sustainability and Resiliency, is hereby amended as follows:

Tagged Interests: sustainability

Chapter 133 Sustainability and Resiliency

Tagged Interests: sustainability

* * *

Article III. Ground Floor Commercial Standards

Tagged Interests: commercial

Sec. 133-60. Existing Building Standards.

Tagged Interests: Homebuilder

Existing non-residential buildings that are being substantially renovated (AKA 50 rule), as determined by the Building Official shall comply with the

following standards:
Tagged Interests: Homebuilder

(a) Where feasible, the ground floor shall be located at a minimum elevation of one foot (1 ) above

the highest sidewalk elevation adjacent to the frontage. Ramping and stairs from the sidewalk elevation to the ground floor elevation shall occur

inside the property and not encroach into the public sidewalk or setback areas, unless adequate space exists on the exterior.
Tagged Interests: streets, zoning, property, and Pedestrian

(b) Except where there are doors, facades shall have a knee wall with a minimum height of two feet-six inches (2 -6 ) above the sidewalk elevation.

Such knee walls shall include any required flood barrier protection. The Planning Director or designee may wave this knee wall requirement if the applicant can substantiate that the proposed glass storefront system satisfies all applicable building code requirements for flood barrier protection.
Tagged Interests: Homebuilder, planning, streets, flooding, commercial, Pedestrian, and building codes

(c) Where feasible, ground floors, walls system, partitions, doors and finishes shall utilize waterflood damage resistant materials in accordance

with all applicable requirements of the Florida Building Code, FEMA regulations, and American Society of Civil Engineer (ASCE) - Flood Resistant Design and Construction Standards, for a minimum of 2 6 above the floor elevation.
Tagged Interests: Homebuilder, regulation, construction, materials, flooding, FEMA, and building codes

(d) Flood panels for doorways shall be permanently located next to all doorways.

Tagged Interests: flooding

(a) Where implementation of these regulations is unfeasible or incompatible with the surrounding areas, they may be waived to the minimum extent

necessary by the Historic Preservation Board (HPB) or Design Review Board (DRB), as applicable; provided, however, that the property owner demonstrates adequate mitigation for flooding.
Tagged Interests: historic preservation, regulation, historic, flooding, preservation, and property

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Sec. 133-61. Short Frontage Standards.

Tagged Interests: zoning

The following regulations shall apply to new construction with ground floor commercial uses on frontages with a width of 150 feet or less:

Tagged Interests: regulation, construction, zoning, and commercial

(a) The ground floor shall be located a minimum of fourteen inches (14 ) above highest sidewalk

Tagged Interests: streets and Pedestrian

elevation adjacent to the frontage. Ramping and stairs from the sidewalk elevation to the ground floor elevation shall occur within the property and

shall not encroach into the public sidewalk or setback areas, unless adequate space exists on the exterior.
Tagged Interests: streets, zoning, property, and Pedestrian

(b) Except where there are doors, facades shall have a knee wall with a minimum height of two feet-six inches (2 -6 ) above the sidewalk elevation.

Such knee walls shall include any required flood barrier protection. The Planning Director or designee may wave this knee wall requirement if the applicant can substantiate that the proposed glass storefront system satisfies all applicable building code requirements for flood barrier protection.
Tagged Interests: Homebuilder, planning, streets, flooding, commercial, Pedestrian, and building codes

(c) Ground floors shall utilize water resistant materials for a minimum of 2 6 above the floor elevation.

Tagged Interests: utility, Utility, materials, and water

(d) Flood panels for doorways shall be permanently located next to doorways.

Tagged Interests: flooding

(e) Sidewalk Standards. Where feasible, sidewalks shall be developed as follows:

Tagged Interests: streets and Pedestrian

(1) Circulation Zone. The sidewalk shall contain a circulation zone with a minimum dimension of ten (10) feet wide, pursuant to the following

standards:
Tagged Interests: streets and Pedestrian

a. The circulation zone shall be fully illuminated, consistent with the City s lighting

policies.

b. The circulation zone shall be consistent with the City s public sidewalk requirements.

Tagged Interests: streets and Pedestrian

c. The circulation zone may be in areas of the public right-of-way and setback areas that

are in front of the building facade.

Tagged Interests: Homebuilder

d. The circulation zone shall remain free from obstructions created by landscaping,

signage, utilities, stairs, ramping, handrails, and lighting fixtures.

Tagged Interests: utility, Utility, advertising, and signage

e. Pedestrians shall have 24-hour access to the circulation zone.

Tagged Interests: Pedestrian

f. The circulation zone shall maintain a minimum five-foot (5 ) wide clear pedestrian path, free from obstructions, including but not limited to

outdoor caf s, sidewalk caf s, handrails, and door swings. The clear pedestrian path shall be delineated by in- ground markers that are flush with path, differing pavement tones, pavement type, or other method to be approved by the City.
Tagged Interests: streets and Pedestrian

g. An easement to the city providing for perpetual public access shall be provided for portions of the circulation zone that fall within the property

line.
Tagged Interests: property and easement

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