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LUDC 03-08-17MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: FROM: ~embers of the Lan~ Use and De···v·f·\i.~~. ~fn~com'7ee J1mmy L. Morales, City Man::e:_. ({//I (k<-t./t fV/'-- March 8, 2017 DATE: SUBJECT: LAND USE AND DEVELOPMENT COMMITTEE MEETING OF MARCH 8, 2017 A meeting of the Land Use and Development Committee has been scheduled for March 8, 2017 at 3:00 p.m. in the City Commission Chambers. ACTION ITEMS 1. A Proposed Amendment To The Land Development Regulations Of The City Code Requiring Minimum Landscape Standards For New Single Family Construction, Which Will Provide A Visual Buffer From Neighboring Properties Along Interior Side Lot Lines. (Continued from the February 15, 2017 LUDC Meeting Sponsored by Commissioner Rosen Gonzalez February 8, 2017 City Commission Meeting, Item C4 J) 2. Proposed Ordinance Amendments Pertaining To RM-1 & RM-2 Development Regulations And Parking. A) Residential Parking Ordinance B) RM-1 and RM-2 Setbacks and Height (Continued from the February 15, 2017 LUDC Meeting Sponsored by Commission John Elizabeth Aleman & Vice-Mayor Joy Malakoff February 8, 2017 City Commission Meeting, Item C4 C) DISCUSSION ITEMS 3. Discussion Regarding Zoning Overlay and Conservation Districts for the Entire Boundaries of the North Shore and Normandy Isles National Register Districts. (Continued from the February 15, 2017 LUDC Meeting Sponsored by Commissioner John Elizabeth Aleman December 9, 2016 Special City Commission Meeting, Item R9 A) 4. Proposed Ordinance Amendment Pertaining To Nonconforming Buildings. (Continued from the February 15, 2017 LUDC Meeting Sponsored by Commission John Elizabeth Aleman & Vice-Mayor Joy Malakoff February 8, 2017 City Commission Meeting, Item C4 F) Land Use & Development Committee Meeting March 8, 2017 Page 2 of3 5. Ordinance Amendment Pertaining To Maximum Building Heights In Commercial Zoning Districts And Allowable Height Exceptions. (Continued from the february 15, 2017 LUDC Meeting Sponsored by Commission John Elizabeth Aleman & Vice-Mayor Joy Malakoff February 8, 2017 City Commission Meeting, Item C4 D) 6. Discussion Regarding Revisions To City Regulations For ACLF's And Related Facilities. (Continued from the February 15, 2017 LUDC Meeting Sponsored by Commissioner John Elizabeth Aleman February 8, 2017 City Commission Meeting, Item C4 K) VERBAL REPORTS 7. Discussion Pertaining to Development Regulations And Guidelines for New Construction In the Palm View Historic District To Address Resiliency, Sustainability and Adaptation. (Continued from the December 12, 2016 LUDC Meeting Sponsored by Commissioner Joy Malakoff March 9, 2016 City Commission Meeting, Item C4 K) 8. Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs Committee To Establish More Aggressive Requirements For Employee Transportation Plans. (Continued from the December 12, 2016 LUDC Meeting Sponsored by City Commission June 8, 2016 City Commission Meeting, Item R7 X) 9. Discussion Regarding Adding "Office Space Use" To The Washington Avenue Incentives. (Sponsored by Commissioner Michael Grieco March 1, 2017 City Commission Meeting, Item C4 H 10. Discussion To Consider An Amendment To The Faena Overlay Zone Ordinance Allowing Works Of Art Within Setbacks. (Sponsored by Commissioner John Elizabeth Aleman March 1, 2017 City Commission Meeting, Item C4 I) 11. Discussion To Consider An Amendment To The Zoning Code Pertaining To Accessory Uses Within An RM-3 District. (Sponsored by Commissioner John Elizabeth Aleman March 1, 2017 City Commission Meeting, Item C4 L) Land Use & Development Committee Meeting March 8, 2017 Page 3 of3 12. Proposed Ordinance Amending Parking District No. 1, Pertaining To The Parking Requirements For Contributing Structures In Historic Districts Or Individually Designated Historic Sites Amending The Land Development Regulations Of The Code Of The City Of M~ami Beach, By Amending Chapter 131>, "Off-Street Parking," Article II "Districts; Requirements", To Allow Off-Street Parking To Be Provided In Parking District No. 1 For Uses That Do Not Have Required Parking And For Such Provided Parking To Not Count Towards The Calculation Of The Floor Area Ratio; Providing For Repealer; Severability; Codification; And An Effective Date. (Sponsored by Commissioner Joy Malakoff March 1, 2017 City Commission Meeting, C4 M) 2017 Meeting Schedule Wednesday April 19, 2017 Wednesday May 10, 2017 Wednesday June 14, 2017 Wednesday July 5, 2017 Wednesday September 20, 2017 Monday October 30, 2017 Wednesday November 29, 2017 Monday December 11, 2017 I T E M 0 N E MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMITTEE MEMORANDUM •--:\ \ Land Use and Development Comrri!~~ej i ) i . Jimmy L. Morales, City Manager/,/('~( ~ MYL.(al/---·· /. I~ YJ March 8, 2017 ' ' Discussion: Proposed Amendment To The Land Development Regulations Of The City Code Requiring Minimum Landscape Standards For New Single Family Construction, Which Will Provide A Visual Buffer From Neighboring Properties Along Interior Side Lot Lines. HISTORY On February 8, 2017, at the request of Commissioner Kristen Rosen Gonzalez, the City Commission referred the subject discussion item to the Land Use and Development Committee (Item C4J). On February 15, 2017 the item was continued to a date certain of March 8, 2017. ANALYSIS Section 142-106 of the City Code provides for m1n1mum interior yard setback requirements for single family homes. Additionally, under Section 142-1132, the maximum height of fences and walls within a required interior side yard is seven feet. The proposed referral item is an opportunity to discuss ways that screening and buffering of new single family homes can be required within the interior side yard of a property. Options may include tall hedge material, increased allowable height for fences or other types of lattice work and certain species of palm or canopy trees. CONCLUSION The Administration recommends that the Land Use and Development Committee discuss the matter further and provide appropriate policy direction. JLM/SMTITRM M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\SF Interior Side Yard Buffers- MEM Mar 2017 LUDC.docx I T E M T w 0 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM TO: FROM: Land Use and Development Com~~ ~~ . Jimmy L. Morales, City Manag~ Ji{)AA.v'-/.A/\_/ March 8, 2017 • r"' DATE: SUBJECT: PROPOSED ORDINANCE AMENDMENTS PERTAINING TO RM-1 & RM-2 DEVELOPMENT REGULATIONS AND PARKING HISTORY After several months of discussion and review, on January 17, 2016, the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise discussed the attached ordinance amendments and recommended that the City Commission refer them to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee and the Planning Board. This item will only move forward to Planning Board after LUDC review and approval. On February 15, 2017, the Land Use and Development Committee discussed the proposed ordinances and continued the discussion to the March 8, 2017 meeting. ANALYSIS The proposed ordinance amendments were vetted by the Mayor's Blue Ribbon Panel on Flooding and Sea Level Rise. The recommended code amendments are the result of numerous meetings in which the panel focused on changes needed to ensure the resiliency of new construction and properties located in the RM-1 and RM-2 districts. The proposed code amendments address resiliency and sustainability efforts, as well as complement our ongoing public investments in sea level rise risk reduction. The Southeast Florida Regional Climate Change Compact Unified Sea Level Rise Projections from 1992 to 2100 are provided below. These projections, which were approved by the City Commission last year for planning purposes, highlight three planning horizons: 1. Short term, by 2030, sea level is projected to rise 6 to 10 inches above 1992 mean sea level, 2. Medium term, by 2060, sea level is projected to rise 14 to 34 inches above 1992 mean sea level, 3. Long term, by 2100, sea level is projected to rise 31 to 81 inches above 1992 mean sea level. Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 ::: 7 ::: 7 ':;._, ;.._ :<,.k ;-~ "" ~ ·,·•-.,.,., ~.~ -.;. ,:;;:_ -~ l! ~:,o !:~ ~ ci0 urut~d St:~ te'.'li!l Rls(! Projection {Sootheut flo~;d& fteiiona!CH~ratt Chan~te Compa<t,. lO:!.Sj 'l>Cf:,\R5 Me<h:~n 6 14 31 USAC:e H!ib f>Qt.,j. h<gh lind't•s) iirt<.Mtl 10 JZ 26 34 61 s: Page 2 of 15 ·-...... .Is tf<'llti«J $<~;;> :.-I!Hte ~a, Th<tM1!*~11W4 <IfNI Ntf&r<tn©MI t© l*<lf<t!t-t!*¢1 %\ t$<t ky tliMt tid<ir llr*"%<11· TJN! M<:>!!e~t),~n lful~ WM wk! Wt¥<V¢%d~ * t<>j!0m~J iil!l~~'" tk ~ &! 44 t!lh! AM\ &Cl"lk$ -~ "'* 44 %¢w«~t tMi¥11<1"'¥ lb!ue "I'<><Wm<>tt '>4mv&"''f 44 ""*-i.M«f k$ ~ «%!!! t<M•"•• ""''M ""''""J· t$4 kwmmi'lt<Vt t®Mi'l &ou 44 ~ ""'l""'' ..t v<M•N $410, :thlttl :ll{l{l. t$4 ti$AC$' ht~hl Qt t{I{IU, tltt-41><!¢ i"w ~ f<>" tlff...,_4J'ft~re" 4il>ktt4 WMY<t). 'th&; 14-%44 . There are two ordinance amendments attached. The following is a summary of the existing regulations along with the proposed modifications, as recommended by the Blue Ribbon Panel. Current Regulations Proposed Regulations 1.a. Minimum yard No minimum 6.56 feet NGVD elevation 1.b. Maximum yard 30 inches above grade 30 inches above grade or elevation Future adjusted grade, whichever is greater 1.c. Maximum yard 30 inches above grade Base flood elevation plus elevation waterfront lots freeboard (rear) 2.a. Lot coverage RM-1 No requirements 45% including building and -52%-62% for building parking alone 2.b. Lot coverage RM-2 -64%-72% incl. parking No requirements 3.a. Max Height RM-1 50 feet I 5-stories 55 feet! 5-stories 3.b. Max Height RM-2 60 feet I 6 stories 75 feet I 6-stories 4.Parking setbacks Side 5 feet or 5% of lot width 10 feet or 8% of lot width Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Rear 5 feet 5. BuHding Setbacks Side 7.5 feet or 8% of lot width 6. Parking 1.5 /unit (550-999 SF) 1. 75/unit (1 000-1200 SF) 2/unit (>1200 SF) 7. Mechanical Parking Conditional Use approval required from Planning Board regardless of project size 1. Yard elevations Page 3 of 15 5 feet if abutting an alley, otherwise 1 0% of lot depth 1 0 feet or 8% of lot width Zero for lots <= 65 feet in width 1 /unit(550-1600SF) 2/unit (>1600 SF) May be approved by the Design Review Board or Historic Preservation Board for buildings with <20 units Recently, the City Commission amended the requirements for raising yards within Single Family Districts as an adaptation measure to address the effects of sea level rise. Currently there are no minimum yard elevation requirements for RM-1 and RM-2 properties, and the maximum elevation is 30 inches above grade. The proposed modifications would implement a minimum elevation and raise the maximum elevation for RM-1 and RM-2 zoned properties in a similar manner to the single family districts, as outlined below: Current Regulations Proposed Regulations 1.a. Minimum yard No minimum 6.56 feet NGVD elevation 1.b. Maximum yard 30 inches above grade 30 inches above grade or elevation Future adjusted grade, whichever is greater 1.c. Maximum yard 30 inches above grade Base flood elevation plus elevation waterfront lots freeboard (rear) In order to accommodate the raising of the roadways and public sidewalks, the proposed ordinance would require that all required yards be raised to a minimum elevation of five feet NAVD (6.56 feet NGVD), with the exception of driveways, private walkways, grade transition areas, surface stormwater shallow conveyance and LID features and areas where landscaping is to be preserved. Grade means the city sidewalk elevation at the centerline of the front of the property. If there is no sidewalk, the elevation of the crown of the road at the centerline of the front of the property shall be used. Adjusted Grade means the midpoint elevation between grade and the minimum required flood elevation for a lot or lots. Future Adjusted Grade means the midpoint elevation between the future crown of the road as defined in the COM Smith Storrnwater Plan, and the base flood elevation plus minimum freeboard for a lot or lots. Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 4 of 15 Freeboard means the additional height, usually expressed as a factor of safety in feet, above a flood level for purposes of floodplain management. Freeboard tends to compensate for many unknown factors, such as wave action, blockage of bridge or culvert openings, and hydrological effect of urbanization of the watershed, which could contribute to flood heights greater than the heights calculated for a selected frequency flood and floodway conditions. All new construction and substantial improvements to existing construction shall meet the minimum freeboard requirement, and may exceed the minimum freeboard requirement up to the maximum freeboard without such height counting against the maximum height for construction in the applicable zoning district. Freeboard, minimum equals one (1) foot. Freeboard, maximum equals five (5) feet. Base Flood Elevation means the regulatory elevation associated with building elevation, flood-proofing, protection of building systems and utilities and other flood protection provisions as identified in current FEMA FIRM panels. Currently within the City of Miami Beach, this elevation ranges between 7 to 10 feet NGVD. NGVD and NAVD are reference surface vertical datums (a fixed starting point) used to ensure that all elevation records are properly related. The current national datum is the National Geodetic Vertical Datum (NGVD) of 1929, which is expressed in relation to mean sea level, or the North American Vertical Datum (NAVD) of 1988. NGVD 29 used a simple model of gravity based on latitude to calculate the approximate sea level and did not take into account other variations. Thus, the elevation difference for points across the country does change between NGVD and NAVD. In order to convert between the two datums in Miami Beach, 1.56 is added to an elevation that is expressed as NAVD. For example, 5.0 feet NAVD = 6.56 feet NGVD. Although NAVD is a more updated standard, NGVD is still more widely used, thus both reference datums are included in this analysis. LID -Low-Impact Development techniques m1m1c natural processes to manage stormwater, and are frequently cheaper and more attractive than traditional stormwater management techniques. 2. Lot coverage Currently there are no lot coverage requirements for RM-1 and RM-2 zoned properties. Subject to the approval of the HPB or ORB, an RM-1 or RM-2 zoned site can be developed with a 20 foot front setback, and as little as five feet of side and rear setback for parking spaces, resulting in very little pervious landscape area on site. Such landscaped areas are very beneficial for stormwater retention, result in attractive living environments, and help buffer the impacts of new in-fill construction on neighboring properties. Under the existing regulations, constructing a building with parking extending beyond the building walls results in a lot coverage of 64-72% of the total lot area. As proposed, the maximum lot coverage for RM-1 lots would be 45%. This lot coverage takes into consideration the proposed increase in building and parking setbacks, as outlined in #4 and #5 below, as well as the decrease in parking requirements as outlined in #6. Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 5 of 15 Due to the increased floor area ratio (FAR) allowances for RM-2 properties (2.0 vs. 1.25 generally for RM-1 properties), it is difficult to institute a lot coverage limitation for RM-2 properties while also accommodating the required parking. The referenced increased building and parking setbacks, along with the reduced parking requirements will together result in a reduced lot coverage compared to today's requirements, without actually putting in place a requirement. Current Regulations Proposed Regulations 2.a. Lot coverage RM-1 No requirements 45% including building and -52%-62% for building alone parking -64%-72% incl. parking 2.b. Lot coverage RM-2 No requirements Although there are currently no lot coverage limitations for RM properties, the graphic below illustrates the potential area that can be covered by building or parking for a typical double lot in the RM-1 zoning district (70%). DOUBLE LOT-CURRENT REQUIREMENTS ZONING DISTRICT: RM-1 LOT AREA: 11,200 SF (112'x100') MAX FAR : 1.25 = 14,000 SF EXISTING REGULATION NO LOT COVERAGE LIMITS PARKING+ BLDG: 70% LOT COVERAGE Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 6 of 15 As proposed, lot coverage would be limited to 45% for RM-1 properties, as outlined in the shaded area below for a typical double lot in the RM-1 zoning district. DOUBLE LOT-REDUCED PARKING, TRANSITIONAL SPACE AND HEIGHT INCREASE ZONING DISTRICT: RM-1 LOT AREA: 11,200 SF (112'x100'. MAX FAR : 1.25 = 14,000 SF PROPOSED LOT COVERAGE 45% =5,040 SF I I I I -----------------------------------------L--------- 0 I 0 I I -----r---------------------------------------- 1 I I REAR SETBACK 11'-2" 10% 3. Maximum building height LOT COVERAGE 1 I I I Currently, the maximum building height is generally 50 feet/5-stories for RM-1 properties, and 60 feet/6-stories for RM-2 properties. As recommended by the Blue Ribbon Panel, the proposed ordinance increases the maximum height to 55 feet for RM- 1 districts and 75 feet for RM-2 districts. This increase will allow more flexibility in providing specifically higher first floor clearances, such as for parking areas or amenity areas under the building. Elevating the first floor will aid in allowing light and air at the ground level, and assist in the future repurposing of parking areas for other more recreational or passive landscaped areas. The ordinance would also require, that when parking is provided under a building, that the minimum clearance between the ground level and the underside of the first floor slab is at least 12 feet measured from BFE (base flood elevation) + 1 foot. The ORB or HPB could waive this requirement by up to two (2) feet, as recommended by the Mayor's Blue Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Ribbon Panel on Flooding and Sea Level Rise. Page 7 of 15 ln the illustration below, the current height requirements for a typical RM-1 property are shown on the left, and the proposed height requirements are shown on the right. Because of the increased ground floor height requirements of 12 feet, as previously noted, in order to accommodate the same number of habitable floors, a height increase of five (5) feet is proposed. Roof Fifth Floor Fourth Floor Third Floor Second Floor co I "N io I "' I io I io I ;, I "' I • E I _? £~I Roof Fifth Floor Fourth Floor Third Floor Second Floor BFE 8.00' + 5 ~ c u) --------------T--+----'1,.----------------~16+----------------------------~~ ----~~~~~~~---~~~~~! ________ _ Parking at Grade I -GRADE 4.8' NGVD I llllllliiDRBRmnaammll!ill!imlllil lt$$i®l@l@I PROPOSED The height increase from 60 feet to 75 feet proposed for RM-2 properties took into consideration an anticipated lot coverage limitation for the RM-2 district. However, after further study of the parking and setback requirements, along with the higher FAR allowance for RM-2 properties, it was determined that a lot coverage limitation was not feasible. As such, the need for an additional 15 feet of height is not as critical for RM-2 properties. Accordingly, the administration recommends that the height increase for RM- 2 properties be limited to only five (5) feet, which is in line with the height increase proposed for RM-1 properties, for the same reasons noted above. Current Regulations Proposed Regulations 3.a. Max Height RM-1 50 feet I 5-stories 55 feeU 5-stories 3.b. Max Height RM-2 60 feet I 6 stories 65 feet I 6-stories Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 8 of 15 It is important to note that the proposed amendments do not modify the more specific overlay regulations for the RM-1 portion of the Flamingo Park area, where the maximum height will remain at 35 feet. It also does not modify the heights of other more specific RM-1 and RM-2 properties. Although increased heights are part of the ordinance, no changes are proposed to the tower setback requirements. For example, under the current regulations, a 60 foot tall building located in the RM-2 district, is required to set back the front tower portion of the building (above 50 feet in height) an additional 10 feet from the required pedestal setback of 20 feet. This effectively results in the tower portion being set back 30 feet from the front property line. With the proposed Ordinance, a new building constructed to the maximum height of 65 feet, would require a front setback of 35 feet from the property line for the portion of the building located above the pedestal height of 50 feet. The illustrations on the next pages highlight the RM-1 and RM-2 properties located in North Beach, Mid Beach, and South Beach. The areas noted on the illustrations already have either lower or higher hight limitations, and will not be modified as part of these ordinances. It should also be noted that if the North Beach local historic districts are adopted, the hight increases proposed herein would not apply to those districts. Further, if the North Beach Conservation District is adopted, the increased height allowances would also not apply to the conservation district. Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 RM-1 & 2 Distrrcts North Beach Page 9 of 15 ~m NJ stwre Open Space, Atlantic Ocean, RM-2 H~ght = 200' (No Change) ~ ~ ~ I li Bisc~yne Bay, RM-2. Heigflt = 100' -140' (Depending on lot size} i (No Change) I t' I ,...._ Atla ~tic Ocean, RM-2 Height= 140' (No Change} I Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 RM -1 & 2 Districts Mid Beach Page 10 of 15 Flamingo Wat~rv.ray HD, RM-1 Height = 40' (N.o Change) ~ ~ ~ Former HD Di:Strfct, RM-1 Exi.sti ng non-Jontorming height may b~ maintained f (No Change) ~ Alton Rd, RM-2: ~ Height = 35,! flo Change} Collins Waterfront HD, RM-2 ~ Height= 75' {No Cfiange) i i ' t! Collins Watertront HD, RM-1 Height =40' (No Change} 1 Land Use and Development Committee RM-1 & RM-2 Development Regulat ions and Parking March 8 , 2017 Page 11 of 15 RM-1 & 2 Districts So uth Beach ~ CoJiins Waterfront HD, RM-1 H~ight = 40' {No Change) • ~ J ~ ~--Museum HD, RM-2 Heigh~= 50 ' {No Change) -----"--I __.,. Palm \{jew HD, RM"2 Heigh,= 50' (No Change) ~ -...... --Palm \(lew HD, RM-1 Height)= 40' {No Change) ~ ~ '\ Lots fronting ~iscayne Bay, RM-2 100'-140' D ~pend ing on lot area (NoChange) i { J ~ ~ . ---Flamingo Park.~D, RM-1 Height= 35' {r.Jo Change) l ! ~ ~ ~ ~ J '! ~ Atland Ot:·~.Pl I Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 12 of 15 4. Parking setbacks Currently in the RM-1 and RM-2 districts, parking can be constructed at a 5 foot setback alon{;l the sides and rear of a property. This atlowance results in parking areas extending into the side and rear yards, leaving only very minimal areas available for landscaping. As proposed, parking would have to following the building setbacks, which would allow more pervious landscaped areas and retention of more storm water on site. Current Regulations Proposed Regulations 4.Parking setbacks Side 5 feet or 5% of lot width 1 0 feet or 8% of lot width Rear 5 feet 5 feet if abutting an alley, otherwise 1 0% of lot depth The illustration below shows typical example of the arrangement of parking spaces for the development of a double lot in the RM-2 district, with parking constructed to a five (5') foot setback along the sides and rear, leaving little room for any landscaped areas. 'o I 0 0 J I ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·~ ~ ~~ i !--~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-~~~! i I : i I I I I I ~~ -·~,l\1111]11111 ~~--·-· ·-·-·-·-·-·-·--·-r-·-·1 ~~-.~=~~ ~ r---s~~~~K~ I : ~4 I I : I ~ ~~ I l~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~ ~~~-~~~~~~~~~~~~~~~~J I J I ·-·-·---p~~~~-IE -·-·-·-·-·-·-·-·-·_j I s~~~CK l r s·~o" 150'~o·· GROUND FLOOR PLAN -Existing requirements w/5' (5%) side and rear parking setbacks and 8' (8%) building side setbacks Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 13 of 15 The illustration below shows the same lot configuration with the proposed increased parking setbacks to align with the required building setbacks. This plan also takes into consideration the proposed reduction in parking requirements. ~~0 ·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·l -ml ~~~ I ,------------------------------------------------------------~ i I : I I .--I i ( I 1 I ~·-·~ = ·-·-·-· ·m-·--·-r--·-r---·-·-1 I• :,: Jl FRONT l ~'-----sETBACK .SIDE LK I i -zo·-o· I I i I wG~ I l -----~ I ~~~ J ,:r~. r-·-·-p~~~i'J-E -·-·-·-·-·-·-·-·-·J 15'-o'' 10% 150· 0 • 5. Building setbacks GROUND FLOOR PLAN -PROPOSED Increased parking setbacks (to follow increased building setbacks (10% of side yard) and reduced parking requirements The required building side setbacks in the RM-1 and RM-2 districts is 7.5 feet or 8% of the lot width. The proposed ordinance increases this to 10 feet or 8% of the lot width, in order to get slightly more landscaped areas within the side yards on smaller lots. Current Regulations Proposed Regulations 5. Building Setbacks Side 7.5 feet or 8% of lot width 1 0 feet or 8% of lot width 6. Parking requirements Currently the City code requires between 1.5 to 2.0 parking spaces per residential unit as outlined below. As proposed, no parking would be required on lots that are less than 65 feet in width, and the range of parking spaces required for larger properties is outlined below. On small lots it can be difficult to provide parking, and may overly restrict the redevelopment of small single lots. Development on small lots allows strategic infill rather than more extensive demolition and larger new construction. Such smaller scale construction is often more pedestrian oriented for the neighborhood. Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Current Regulations 6. Parking 1.5 /unit (550-999 SF) 1. 75/unit (1 000-1200 SF) 2/unit (>1200 SF) Page 14 of 15 Proposed Regulations Zero for lots <= 65 feet in width 1 /unit(550-1600SF) 2/unit (>1600 SF) Recently the City of Miami adopted code modifications to the Little Havana area to eliminate the parking requirements for buildings that are under 10,000 SF and located near public transit. The market will dictate need. 7. Mechanical parking Lastly, for small residential buildings of less than 20 units, the proposed ordinance would allow the ORB or HPB to review and approve mechanical parking. Currently, any mechanical parking, regardless of the size of development, requires the review and the approval of the Planning Board. Current Regulations Proposed Regulations 7. Mechanical Parking Conditional Use approval May be approved by the required from Planning Design Review Board or Board regardless of project Historic Preservation Board size for buildings with <20 units As discussed by the Land Use and Development Committee last month, the mechanical parking ordinance has been amended to allow the Design Review Board or Historic Preservation Board to review and approve mechanical parking for up to three (3) mechanical lifts in single family homes. UPDATE Pursuant to the direction of the Land Use Committee on February 15, 2017, the following changes have been made to the ordinance: 1. Mechanical Parking. In addition to allowing mechanical parking to be reviewed by the ORB or HPB for apartments with less than 20 units, the parking ordinance has been modified to also allow the ORB or HPB to review mechanical parking for up to three (3) lifts for single family homes, as noted in #7 above. 2. Ground Floor Requirements. Additional ground floor requirements when parking or amenity areas are located below the first habitable level have been included in the Ordinance as outlined below: A. All ceiling and sidewall conduits shall be internalized or designed in such a matter as to be part of the architectural language of the building in accordance with the design review or certificate of appropriateness criteria, as applicable. B. All parking and driveways shall substantially consist of permeable materials. C. Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the ground level, in accordance with the design review or certificate of appropriateness criteria, as applicable. D. At least one stair shall be visible and accessible from the building's main Land Use and Development Committee RM-1 & RM-2 Development Regulations and Parking March 8, 2017 Page 15 of 15 lobby (whether interior or exterior), shall provide access to all upper floors, shall be substantially transparent at the ground level and shall be located before access to elevators from the main building lobby along the principal path of travel from the street. Such stair, if unable to meet minimum life-safety requirements, shall be in addition to required egress stairs. Height The Administration recommends that the proposed increase in height for RM-2 properties be reduced from 75 feet to 65 feet (from the current maximum of generally 60 feet) as noted in #3 above. Lot Aggregation As it pertains to the discussion on lot aggregation, currently, the West Avenue Overlay District restricts the aggregation of lots to no more than two lots for properties zoned RM-1. Within the RM-2 zoning of the Gilbert Fine Neighborhood Conservation District, the aggregation of lots is required for new development. Within other portions of the city, the height of an RM-2 property is dependent upon the size of the lot, as noted in the height illustration maps above. As part of the proposed North Beach Neighborhood Conservation District, limitations on lot aggregation are also proposed. Should the Committee decide to include limitations on lot aggregation as part of this ordinance, the administration would recommend that further limits be placed only on RM-1 properties, and limited to the aggregation of either two or three platted lots. CONCLUSION The Administration recommends that the Land Use and Development Committee discuss the matter further and provide appropriate policy direction. If there is consensus on the proposal, it is further recommended that the ordinance be recommended for approval at the Planning Board, subject to the changes noted above. JLM/SMT/TRM/MAB M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\RM-1 and RM-2 Dev Regs and Parking-MEM March 2017 LUDC.docx Residential Parking ORDINANCE An ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amef'l-ding the City C-o-de, by amending ChapteT 130, ~'Off-Street Parking;• Division U, "Districts; Requirements," at Section 130-32, "Off-street parking requirements for parking district no. 1," by eliminating the parking requirements for apartment buildings on lots that are 65 feet in width or less, and by reducing the parking requirements for apartment buildings on lots wider than 65 feet; and by amending Section 130-38, "Mechanical and robotic parking systems," by establishing conditions under which mechanical parking in apartment buildings and single family homes may be reviewed and approved by the design review board or historic preservation board as applicable;providing codification; repealer; severability; and an effective date. WHEREAS, ; and, WHEREAS, ; and, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," Section 130-32, is hereby amended as follows: Sec. 130-32. -Off-street parking requirements for parking district no. 1. Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: * * * (6) Apartment building and apartment-hotel: a. Apartment buildings on lots that are W 65 feet in width or less: 1.5 spaoes per -l:l-ffih---There shall be no parking requirement, provided secure storage for alternative transportation such as scooters, bicycles, and motorcycles, is provided. b. Apartment buildings on lots wider than W 65 feet: +.-9 1 (one) spaces per unit for units between 550 and 900 1,600 square feet; 1.75 spaoes per unit for units betvo'een 1,000 and 1,200 square feet; 2.0 spaces per unit for units above~ 1,600 square feet. c. Designated guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi-family buildings and suites-hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. 1 d. For existing apartment and apartment-hotel buildings, which are classified as "contributing" are located within the Normandy Isles National Register District or the North Shore National Register District, and which are being substantially retained, pres-erved and r-estored, there shail be no parking requirement for the existing structure, and any addition up to a maximum of 2,500 square feet, whether attached or detached. The proposed addition to the existing structure shall be subject to the review and approval of the Design Review Board or Historic Preservation Board, whichever has jurisdiction, and shall include a renovation plan for the existing structure that is fully consistent with the Secretary of the Interior Guidelines and * * * SECTION 2. Chapter 130 of the City Code, entitled "Off-Street Parking," Article II, "Districts; Requirements," Section 130-38, is hereby amended as follows: Sec. 130-38. -Mechanical and robotic parking systems. (1) Definitions. (a) Mechanical parking means mechanical parking lifts, robotic parking systems, and/or vehicle elevators. (b) Mechanical parking lift means an automated mechanism that lifts vehicles to make space available to park other vehicles below it in a vertical tandem fashion. (c) Robotic parking system means a mechanical garage using elevator systems to hoist individual vehicles from receiving areas to separate auto storage areas. (d) Vehicle elevator means an elevator used for motor vehicles in lieu of ramps within a parking structure. (2) Parking spaces to be used to satisfy accessory off-street parking requirements must conform to the provisions of article Ill "design standards" of this chapter, with respect to all-weather surface area, minimum parking space dimensions, drive width, interior aisle width, and required markings. Therefore, the use of mechanical parking devices, robotic parking systems and vehicle elevators to satisfy accessory off-street parking requirements shall not be permitted, except as hereinafter provided. (3) Exceptions to the mechanical parking prohibition may be considered by the planning board, pursuant to the conditional use process in chapter 118, article IV of the City Code, if the proposed project meets the following conditions: (a) Commercial main use parking garages on a separate lot. (i) Commercial main use parking garages, open to the public, may utilize mechanical parking devices, robotic parking systems and/or vehicle elevators, subject to all other provisions of section 130-68. (ii) Parking spaces within commercial main use parking garages utilizing mechanical parking may be used to satisfy off street parking requirements for residential or commercial uses required within the building by section 130-68 for the cladding of such garages, as may be required by the design review procedures. Notwithstanding the foregoing, any accessory commercial use within commercial main use parking garages utilizing mechanical parking shall not generate an off-street parking requirement in excess of 25 percent of the total number of spaces in the garage. 2 (iii) Parking spaces within commercial main use parking garages utilizing mechanical parking, constructed on land: a. Located within a local historic district (except not within the Ocean Beach ioca1 historic district); and b. On land which was vacant as of October 17, 2008; and c. On land within 300 feet of a proposed new hotel development; May be used to satisfy off street parking requirements for the proposed new hotel units and the following hotel accessory uses: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of assembly (not including restaurants or alcoholic beverage establishments). However, in order to utilize mechanical parking to satisfy off street parking requirements for the foregoing uses, the following conditions must be satisfied: 1. At least one-half of all parking spaces within the commercial main use parking garage shall be reserved for use by the general public (not to be used for valet storage for offsite valet services); 2. Mechanical parking permitted under this subsection shall be for the sole purpose of new hotel development. For purposes of this subsection, new hotel development means newly constructed hotel units and the following hotel accessory uses, provided that such hotel accessory uses are part of the same development project as the newly constructed hotel units: retail (at a maximum of 75 square feet per hotel unit), auditorium, ballroom, convention hall, gymnasium, spa, meeting rooms or other similar places of assembly (not including restaurants or alcoholic beverage establishments); 3. A restrictive covenant in a form acceptable to the city attorney committing the parking garage to providing parking for the related hotel property, and maintaining such hotel property as a hotel, for at least 30 years, subject to release by the planning board if such board determines that the restriction is no longer necessary, shall be recorded prior to the issuance of a full building permit; and 4. Suite hotel units, as defined by section 142-1105, cannot satisfy their off-street parking requirements by using mechanical parking. (iv) Except as described above in subsections 3(a)(ii) and (iii), mechanical parking system within main use parking garages, operating either as commercial garages open to the public, or, as private noncommercial garages, may not be used to satisfy off street parking requirements for uses on a separate lot. This provision may be waived through the procedures detailed in subsection (c), below. (b) Existing multifamily buildings. (i) Existing multifamily buildings with a deficiency of parking may utilize mechanical parking devices within the space of the existing parking structure area. All parking lifts shall be located within a fully enclosed parking garage and shall not be visible from exterior view. No outside parking lifts shall be permitted. 3 (ii) The increased number of parking spaces as a result of mechanical parking under this provision shall not be used to satisfy any accessory off-street parking requirements. (c) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. (i) Projects proposing to use mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements shall prepare schematic floor plans prior to site plan review by the applicable land use board. Two sets of schematic floor plans shall be required: 1. One set of schematic plans sufficient to show the proposed development project with accessory and main use off-street parking requirements satisfied by traditional, nonmechanical means, meeting all aspects of the design standards for parking spaces required in article Ill of chapter 130, and other provisions of these land development regulations, and requiring no variances from these provisions; and 2. A second set of schematic plans, sufficient to show the same proposed development project, utilizing mechanical parking devices, robotic parking systems and/or vehicle elevators to satisfy accessory and main use off-street parking requirements. The first set of schematic plans shall be reviewed by planning department staff for zoning compliance prior to the site plan review hearing by the applicable land use board. This first set of schematic plans may include one level of below-grade parking spaces, provided such below grade spaces are within the confines of the subject development site and are not located below city property, adjacent private property that is not part of the development site or any rights-of-way. If it is determined that these schematic plans meet the requirements of the design standards of the city code, then the total number of parking spaces shown on the plans shall be noted. Henceforth, the project may proceed to site plan approval based on the second set of plans, using mechanical parking. However, if the first set of schematic plans includes below grade parking spaces, at least 50 percent of the number of below grade parking spaces shown in the first set of plans must be located below grade in the second set of plans utilizing mechanical parking. Further, the allowable residential density, and the intensity of the uses permitted for the proposed project, shall not exceed that which would have been permitted using the number of parking spaces noted on the first set of plans using traditional parking. No variances to these provisions shall be permitted. ( 4) The following exceptions to the mechanical parking prohibition may be considered by the design review board or historic preservation board, as applicable. (a) Apartment buildings with 20 apartment units or less may utilize mechanical lifts. in accordance with the review criteria of section 138-38(5), provided the parking area is accessed from a rear alley and secure storage for alternative transportation such as scooters, bicycles. and motorcycles is provided on site. 4 (b) Single-family homes utilizing up to three (3) mechanical lifts may be approved by the design review board or historic preservation board, as applicable, in accordance with the applicable review criteria of Section 130-38(5). f4j@.} As part of the conditional use, design review board, or historic preservation board review process for the use of mechanical parking devices, robotic parking systems and/or vehicle elevators under any of the provisions of this section, the planning board shall consider the following review criteria shall be evaluated when considering each application for the use of mechanical parking systems: (a) Whether the scale of the proposed structure is compatible with the existing urban character of the surrounding neighborhood; (b) Whether the proposed use of mechanical parking results in an improvement of design characteristics and compatibility with the surrounding neighborhood and has demonstrated to the planning board how the scale, mass, volume and height of the building are reduced by the use of mechanical parking; (c) Whether the proposed use of mechanical parking does not result in an increase in density or intensity over what could be constructed with conventional parking; (d) Whether parking lifts or mechanisms are located inside, within a fully enclosed building, and not visible from exterior view; (e) In cases where mechanical parking lifts are used for self-parking in multifamily residential buildings; whether approval is conditioned upon the proper restrictive covenant being provided limiting the use of each lift to the same unit owner; (f) In cases where mechanical parking lifts are used for valet parking; whether approval is conditioned upon the proper restrictive covenant being provided stipulating that a valet service or operator must be provided for such parking for so long as the use continues; (g) Whether a traffic study has been provided that details the ingress, egress and circulation within the mechanical parking facility, and the technical and staffing requirements necessary to ensure that the proposed mechanical parking system does not cause excessive stacking, waiting, or backups onto the public right-of-way; (h) Whether a proposed operations plan, including hours of operation, number of employees, maintenance requirements, noise specifications, and emergency procedures, has been provided; (i) In cases where the proposed facility includes accessory uses in addition to the parking garage, whether the accessory uses are in proportion to the facility as a whole, and delivery of merchandise and removal of refuse, and any additional impacts upon the surrounding neighborhood created by the scale and intensity of the proposed accessory uses, are adequately addressed; (j) Whether the proximity of the proposed facility to similar size structures and to residential uses creates adverse impacts and how such impacts are mitigated; (k) Whether a cumulative effect from the proposed facility with adjacent and nearby structures arises, and how such cumulative effect will be addressed; 5 (5) Mechanical parking devices, robotic parking systems and/or vehicle elevators must also satisfy the following conditions: (a) The noise or vibration from the operation of mechanical parking lifts, car elevators, or robotic parking systems shall not be plainly audible to or felt by any individual standing outside an apartment or hotel unit at any adjacent or nearby property. In addition, noise and vibration barriers shall be utilized to ensure that surrounding walls decrease sound and vibration emissions outside of the parking garage; (b) For mechanical lifts, the parking lift platform must be fully load-bearing, and must be sealed and of a sufficient width and length to prevent dripping liquids or debris onto the vehicle below; (c) All free-standing mechanical parking lifts must be designed so that power is required to lift the car, but that no power is required to lower the car, in order to ensure that the lift can be lowered and the top vehicle can be accessed in the event of a power outage; robotic garages and vehicle elevators must have backup generators sufficient to power the system; (d) All mechanical lifts must be designed to prevent lowering of the lift when a vehicle is parked below the lift; (e) The ceiling heights of any parking level with parking lifts within the parking garage shall be a minimum of 11 feet by six inches; (f) All mechanical parking systems, including lifts, elevators and robotic systems, must be inspected and certified as safe and in good working order by a licensed mechanical engineer at least once per year and the findings of the inspection shall be summarized in a report signed by the same licensed mechanical engineer or firm. Such report shall be furnished to the planning director and the building official; and (g) All parking lifts shall be maintained and kept in good working order. (6) The proposed use of mechanical parking systems, including mechanical parking lifts, robotic parking systems or vehicular elevators, for any type of development or improvement, including, but not limited to, vehicle storage, whether proposed under the provisions of section 130-38, or any other section of the City Code, shall require compliance with the provisions of subsections 130-38(4) and 130-38(5), and, with the exception of mechanical parking used to provide parking on a property containing less than 20 units, shall require the review and approval of the planning board, pursuant to the conditional use process in chapter 118, article IV of the Code. SECTION 4. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 5. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 6 SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2017. Philip Levine Mayor ATTEST: Rafael E. Granado City Clerk Underline denotes additions Strike through denotes deletions First Reading: _______ ,2017 Second Reading: ________ , 2017 Verified By: ___________ _ Thomas R. Mooney, AICP Planning Director M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\RM-1+RM-2 Parking-ORD March 2017 LUDC.docx 7 RM-1 and RM-2 Setbacks and Height An ordinance of the Mayor and City Commission of the City of Miami Bea-ch, -Flori-da, amend1ng the City Code, by amending Chapter 114, "General Provisions," at Section 114-1, "Definitions," by amending the definition for lot coverage; by amending Chapter 142, "Zoning Districts and Regulations," Division 3, "Residential Multifamily Districts," Subdivision II, "RM-1 Residential Multifamily Low Intensity," at Section 142-55, "Development regulations and area requirements," by establishing minimum and maximum yard elevation, stormwater retention, yard slope, retaining wall, lot coverage, and ground floor requirements, and by increasing the building height to 55 feet for properties not located within an historic district; by amending Section 145-56, "Setback requirements," by increasing the parking, subterranean, pedestal, and tower setback requirements; by amending Subdivision IV, "RM-2 Residential Multifamily Medium Intensity," at Section 142-216, "Development regulations," by establishing minimum and maximum yard elevation, stormwater retention, yard slope, retaining wall, and ground floor height requirements; by amending Section 142-217, "Area requirements," by increasing the building height to 65 feet for properties not located within an historic district, or otherwise more specifically delineated within other defined districts or within historic districts; and by amending Section 145-218, "Setback requirements," by increasing the parking, subterranean, pedestal, and tower setback requirements; providing codification; repealer; severability; and an effective date. WHEREAS, ; and, WHEREAS, ; and, NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Chapter 114 of the City Code, entitled "GENERAL PROVISIONS," Section 114-1, is hereby amended as follows: Sec. 114-1. -Definitions. * * * Lot coverage means the percentage of the total area of a lot that, when viewed directly from above, would be covered by all principal and accessory buildings and structures, or portions thereof; provided, however, that exterior unenclosed private balconies, and awnings and porte cocheres shall not be included in determining the building area. * * * 1 SECTION 2. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Section 142-155, is hereby amended as follows: Sec. 142-155.-Development regulations and area requirements * * * The development regulations in the RM-1 residential multifamily, low density district are as follows: (1) Max. FAR: 1.25; west side of Collins Avenue between 76th and 79th Streets-1.4. (2) Public and private institutions: Lot area equal to or less than 15,000 sq. ft.-1.25; lot area greater than 15,000 sq. ft.-1.4. (3) Exterior building and lot standards: a. Minimum yard elevation requirements. 1. The minimum elevation of a required yard shall be no less than five (5) feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways, transition areas, green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens. and rainwater/stormwater capture and infiltration devices), and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in paragraph c., below, the minimum elevation requirements shall still apply. 2. Exemptions. The minimum yard elevation requirements shall not apply to properties containing individually designated historic structures. or to properties designated as "contributing" within a local historic district, or a National Register Historic District. b. Maximum yard elevation requirements. The maximum elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the minimum flood elevation, plus freeboard: 1. Front Yard, Side Yard Facing a Street & Interior Side Yard. The maximum elevation within a required front yard, side yard facing a street & interior side yard shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. In this instance, the maximum height of any fence(s) or wall(s) in the required yard. constructed in compliance with Section 142-1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 2. Rear Yard. The maximum elevation for a required rear yard, (not including portions located within a required side yard or side yard facing the street), shall be calculated according to the following: (A) Waterfront. The maximum elevation shall not exceed the base flood elevation, plus freeboard. (B) Non-waterfront. The maximum elevation shall not exceed 30 inches above grade, or future adjusted grade, whichever is greater. c. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations. d. Retaining wall and yard slope requirements. Within the required front yard and within the required side yard facing a street the following shall apply: 2 (A) Within the first four (4) feet of the property line, the maximum height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. (B) When setback a minimum of four ( 4) feet from property tine, the maximum height of retaining walls shall not exceed 30 inches above adjacent grade. (C) Retaining walls shall be finished with stucco. stone. or other high quality materials, in accordance with the applicable design review or appropriateness criteria. (D) The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (5: 1 horizontal:vertical). e. Lot Coverage. The maximum lot coverage shall not exceed 45%. In addition to the building areas included in lot coverage, as defined in section 114-1, Impervious parking areas and impervious driveways shall also be included in the lot coverage calculations. f. Ground floor requirements. When parking or amenity areas are provided at the ground floor level below the first habitable level, the following requirements shall §QQ)y (A) A minimum height of twelve (12) feet shall be provided, as measured from base flood elevation plus minimum freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable may waive this height requirement by up to two (2) feet, in accordance with the design review or certificate of appropriateness criteria, as applicable. (B) All ceiling and sidewall conduits shall be internalized or designed in such a matter as to be part of the architectural language of the building in accordance with the design review or certificate of appropriateness criteria, as applicable. (C) All parking and driveways shall substantially consist of permeable materials. (D) Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the ground level, in accordance with the design review or certificate of appropriateness criteria. as applicable. (E) At least one stair shall be visible and accessible from the building's main lobby (whether interior or exterior), shall provide access to all upper floors, shall be substantially transparent at the ground level and shall be located before access to elevators from the main building lobby along the principal path of travel from the street. Such stair, if unable to meet minimum life-safety egress requirements, shall be in addition to all required egress stairs. fd-1[41 In the Flamingo Park Local Historic District, the following shall apply: * * * (b )The lot area, lot width, unit size and building height requirements for the RM-1 residential multifamily, low density district are as follows: Minimum Average Minimum Minimum Unit Size Unit Size Maximum Lot Area Lot (Square Feet) (Square Feet) Building (Square Width Height 3 Maximum Number of Stories Feet) (Feet) (Feet) New construction-550 Non-elderly and elderly low and moderate income housing: See section 142-1183 Rehabilitated buildings-400 Hotel units: 15%: 300-335 85%: 335+ For contributing hotel structures, Historic located within an individual historic district-40 Historic site, a local historic district or a New Flamingo district-4 national register district, which are construction-BOO renovated in accordance with the Non-elderly and Park Local Flamingo Park Historic Local Historic Secretary of the Interior Standards elderly low and District-35 District-3 5,600 50 and Guidelines for the Rehabilitation moderate income (except as (except as of Historic Structures as amended, housing: See retaining the existing room section 142-1183 provided in provided in section 142-section 142-configuration and sizes of at least 200 Rehabilitated 1161) 1161) square feet shall be permitted. buildings-550 Otherwise-Otherwise-5 Additionally, the existing room W-55 configurations for the above described hotel structures may be modified to address applicable life- safety and accessibility regulations, provided the 200 square feet minimum unit size is maintained, and provided the maximum occupancy per hotel room does not exceed 4 persons. SECTION 3. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Section 142-156, is hereby amended as follows: Sec. 142-156.-Setback requirements. (a) The setback requirements for the RM-1 residential multifamily, low density district are as follows: Front Side, Side, Facing Rear Interior a Street At-grade parking Non oceanfront .a-1Q_feet, or~ lot on the 20 feet .a-1Q_feet, or~§% §%of lot J.e.ts-5 feet same lot of lot width, width, abutting an except where whichever is whichever ~ (c) below is otherwise 4 applicable greater is greater 10% of the lot depth GGeanfrent Jots aG feet from bulkhead tiRe Nen oGeanfmnt 5 feet, er 5% ef lot 5 feet, or 5% lots Q feet wWtA;- whiGhever is ef--le.t GGeanfmnt Subterranean ~ wWtA;-lots 5G feet greater (G feet whiGhever from if let 'Nidth is 5Q is greater bulkhead feet or less) tiRe 20 feet Sum of the !'>Jon oGeanfront Except lots A and Sum of the side side yards tets--10% 1-30 of the yards shall shall equal of lot depth Amended Plat 16% of lot GGeaRfront Subterranean Indian Beach equal16% of width lots ~G% and Pedestal, Corporation lot width Minimum of lot de13th, Subdivision and Minimum-+.-5 -+.-5 10 5G feet freFR lots 231-237 of the .1Q_ feet or 8% feet or 8% tHe Amended Plat of of lot width, of lot bulkhead First Ocean Front whichever is width, tiRe Subdivision-50 greater whichever whiGhever is feet is greater greater. 20 feet + 1 foot for every 1 foot increase in height above 50 feet, to a The required Sum of the Non OGeanfront maximum of 50 tets--15% feet, then shall pedestal side yards of lot depth remain constant. setback plus shall equal GGeanfront Except lots A and 0.10ofthe 16% of the lots ~5% height of the lot width 1-30 of the tower portion Minimum ef lot de13th, Tower Amended Plat +5-.feet Indian Beach of the building. -+.-51Q FRinimuFR Corporation The total feet or 8% fFOFR the required of lot Subdivision and setback shall width, bulkhead lots 231-237 of tiRe the Amended Plat not exceed 50 whichever whishe'v<er is of First Ocean feet is greater greater Front Subdivision-50 feet (b) In the RM-1, residential district, all floors of a building containing parking spaces shall incorporate the following: 5 (1) Residential uses at the first level along every facade facing a street, sidewalk or waterway. For properties not having access to an alley, the required residential space shall accommodate entrance and exit drives. {2) Residential uses above the first 1eve1 along every facade facing a waterway. (3} For properties less than 60 feet in width, the total amount of residential space at the first level along a street side shall be determined by the design review or historic preservation board, as applicable. All facades above the first level, facing a street or sidewalk, shall include a substantial portion of residential uses; the total amount of residential space shall be determined by the design review or historic preservation board, as applicable, based upon their respective criteria. (c) In cases where the city commission approves after public hearing a public-private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be zero feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district. * * * SECTION 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Section 142-216, is hereby amended as follows: Sec. 142-216.-Development regulations. The development regulations in the RM-2 residential multifamily, medium intensity district are as follows: (1) Max. FAR: 2.0. (2) Exterior building and lot standards: a. Minimum yard elevation requirements. 1. The minimum elevation of a required yard shall be no less than five (5) feet NAVD (6.56 feet NGVD), with the exception of driveways, walkways, transition areas. green infrastructure (e.g., vegetated swales, permeable pavement, rain gardens. and rainwater/stormwater capture and infiltration devices). and areas where existing landscaping is to be preserved, which may have a lower elevation. When in conflict with the maximum elevation requirements as outlined in paragraph b. below, the minimum elevation requirements shall still apply. 2. Exemptions. The minimum yard elevation requirements shall not apply to properties· containing individually designated historic structures. or to properties designated as "contributing" within a local historic district, or a National Register Historic District. b. Maximum yard elevation requirements. The maximum elevation of a required yard shall be in accordance with the following, however in no instance shall the elevation of a required yard, exceed the minimum flood elevation. plus freeboard: 1. Front Yard, Side Yard Facing a Street. & Interior Side Yard. The maximum elevation within a required front yard. side yard facing a street & interior side yard shall not exceed 30 inches above grade. or future adjusted grade. whichever is greater. In this instance. the maximum height of any fence(s) or wall(s) in the required yard. constructed in 6 compliance with Section 142-1132(h), "Allowable encroachments within required yards", shall be measured from existing grade. 2. Rear Yard. The maximum elevation for a required rear yard, (not inc-luding portions located within a reguire"d side yard or side yard facing the street), shall be calculated according to the following: (A) Waterfront. The maximum elevation shall not exceed the base flood elevation, plus freeboard. (B) Non-waterfront. The maximum elevation shall not exceed 30 inches above grade, or future adjusted grade. whichever is greater. c. Stormwater retention. In all instances where the existing elevation of a site is modified, a site shall be designed with adequate infrastructure to retain all stormwater on site in accordance with all applicable state and local regulations. d. Retaining wall and yard slope requirements. Within the required front yard and within the required side yard facing a street the following shall apply: (A) Within the first four (4) feet of the property line. the maximum height of retaining walls shall not exceed 30 inches above existing sidewalk elevation, or existing adjacent grade if no sidewalk is present. (B) When setback a minimum of four ( 4) feet from property line, the maximum height of retaining walls shall not exceed 30 inches above adjacent grade. (C) Retaining walls shall be finished with stucco, stone, or other high quality materials. in accordance with the applicable design review or appropriateness criteria. (D) The maximum slope of the required front and side yard facing a street shall not exceed 11 percent (5:1 horizontal:vertical). e. Ground floor requirements. When parking or amenity areas are provided at the ground floor level below the first habitable level, the following requirements shall £QQ1y;_ (A) A minimum height of twelve (12) feet shall be provided. as measured from base flood elevation plus minimum freeboard to the underside of the first floor slab. The design review board or historic preservation board, as applicable may waive this height requirement by up to two (2) feet, in accordance with the design review or certificate of appropriateness criteria, as applicable. (B) All ceiling and sidewall conduits shall be internalized or designed in such a matter as to be part of the architectural language of the building in accordance with the design review or certificate of appropriateness criteria, as applicable. (C) All parking and driveways shall substantially consist of permeable materials. (0) Active outdoor spaces that promote walkability, social integration, and safety shall be provided at the ground level, in accordance with the design review or certificate of appropriateness criteria, as applicable. (E) At least one stair shall be visible and accessible from the building's main lobby (whether interior or exterior), shall provide access to all upper floors, shall be substantially transparent at the ground level and shall be located before access to elevators from the main building lobby along the principal path of travel from the street. Such stair, if unable to meet minimum life-safety egress requirements, shall be in addition to all required egress stairs. 7 SECTION 5. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Mutttfamily Districts," Section 142-217, is hereby amended as follows: Sec. 142-217.-Area requirements. The area requirements in the RM-2 residential multifamily, medium intensity district are as follows: 'Minimum Minimum Minimum Average Maximum Maximum Lot Area Lot Unit Size Unit Size Building Number (Square Width (Square Feet) (Square Feet) Height of Stories Feet) (Feet) (Feet) - New construction-550 Historic Historic Non-elderly and elderly low district-50 district-S and moderate income (except as (except as housing: See section 142-provided in provided in 1183 section 142-section 142- Rehabilitated buildings-400 1161) 1161) Hotel units: Area bounded Area bounded 15%: 300-335 by Indian Creek by Indian Creek 85%: 335+ Dr., Collins Dr., Collins Ave., For contributing hotel New Ave., 26th St., 26th St., and structures, located within an construction-and 44th St.-44th St.-8 individual historic site, a local 800 75 Area fronting historic district or a national Non-elderly and Area fronting west side of register district, which are elderly low and west side of Alton Rd. renovated in accordance moderate Collins Ave. between Arthur 7,000 50 with the Secretary of the income housing: btwn. 76th St. Godfrey Rd. and Interior Standards and See section 142-and 79th St.-W. 34th St.-8 Guidelines for the 1183 75 Area fronting Rehabilitation of Historic Rehabilitated Area fronting west side of Structures as amended, buildings-550 west side of Collins Ave. retaining the existing room Hotel units-N/A Alton Rd. btwn. 76th St. configuration and sizes of at between Arthur and 79th St.-8 least 200 square feet shall Godfrey Rd. and Otherwise-6 be permitted. Additionally, W. 34th St.-85 Lots fronting the existing room Otherwise-W Biscayne Bay configurations for the above 75 less than 45,000 described hotel structures Lots fronting sq. ft.-11 may be modified to address Biscayne Bay Lots fronting applicable life-safety and less than 45,000 Biscayne Bay accessibility regulations, sq. ft.-100 over 45,000 sq. provided the 200 square feet Lots fronting ft.-15 8 minimum unit size is Biscayne Bay Lots fronting maintained, and provided over 45,000 sq. Atlantic Ocean maximum occupancy per ft.-140 over 100,000 sq. hotel room does not exceed Lots fronting ft.-15 4 persons. Atlantic Ocean Lots fronting over 100,000 Atlantic Ocean sq. ft.-140 with a property Lots fronting line within 250 I Atlantic Ocean feet of North with a property Shore Open line within 250 Space parking I feet of North Boundary-21 Shore Open Space Park Boundary-200 ! SECTION 6. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II, "District Regulations," Division 3, "Residential Multifamily Districts," Section 142-218, is hereby amended as follows: Sec. 142-218.-Setback requirements. The setback requirements in the RM-2 residential multifamily, medium intensity district are as follows: Front Side, Side, Facing Rear Interior a Street NeA eGeaAfreAt At-grade parking 5 .1Q_feet, or 5 §% of 5 .1Q_feet, or 5 l-ets Abutting an lot on the same lot 20 feet lot width, whichever is §% of lot width, alley-5 feet except where (b) whichever is Oceanfront lots- below is applicable greater greater 50 feet from bulkhead line NeA eGeaAfreAt 5 feet, er 5% ef let 5 feet, er 5% ef lets 0 feet width, whiGhever is let 'Nidth, C, ohtn_....,...,,.....,..., ~ OGeaAfreAt lets greater. (0 feet if let whichever is 50 feet frem width is 50 feet er less) greater et~lkhead liRe 20 feet Sum of the side yards Sum of the side Non-oceanfront Subterranean and Except lots A and 1-30 of shall equal 16% of lot yards shall lots-1 0% of lot Pedestal the Amended Plat Indian width equal16% of depth Beach Corporation Minimum 7.5 .1Q_feet lot width Oceanfront lots- Subdivision and lots 231-or 8% of lot width, Minimum-+:-5 20% of lot depth, 9 237 of the Amended Plat of whichever is greater 1Q_feet or 8% o 50 feet from the First Ocean Front lot width, bulkhead line Subdivision-50 feet whichever is whichever is greater greater 20 feet + 1 foot for every 1 Same as pedestal for foot increase in height structures with a total Sum of the side Non-oceanfront above 50 feet, to a height of 60 feet or yards shall lots-15% of lot maximum of 50 feet, then shall remain constant. less. equal16% of depth Except lots A and 1-30 of The required pedestal the lot width Oceanfront lots- Tower the Amended Plat Indian setback plus 0.1 0 of Minimum--7-k 25% of lot depth, Beach Corporation the height of the tower 1Q_feet or 8% o 75 feet minimum Subdivision and lots 231-portion of the building. lot width, from the bulkhead 237 of the Amended Plat of The total required whichever is line whichever is First Ocean Front setback shall not greater greater Subdivision-50 feet exceed 50 feet (b) In cases where the city commission approves after public hearing a public-private parking agreement for a neighborhood based upon an approved street improvement plan, the minimum front yard setback for parking subject to the agreement shall be zero feet. The street improvement plan must be approved by the design review board if outside an historic district, or the historic preservation board if inside an historic district. SECTION 7. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. SECTION 8. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 9. SEVERABILITY. If any section, subsection, clause or prov1s1on of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 10. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 10 PASSED and ADOPTED this __ day of _____ , 2017. ATTEST: Rafael E. Granado City Clerk Underline denotes additions Strike through denotes deletions Philip Levine Mayor First Reading: Second Reading: -------' 2017 ________ ,2017 Verified By: Thomas R. Mooney, AICP Planning Director M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\RM-1+RM-2 Dev Regs ORD March 2017 LUDC.docx 11 I T E M T H R E E MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM FROM: Land Use and Development Comr'f11tte~ ·-~-,) ' / \//{/ r···" Jimmy L. Morales, City Manager t'l'< ... · /l'i/L/1/, ...... ftJ~· __....,,·:< £:,. . (. Cl:l' , I;' March 8, 2017 · · (; TO: DATE: SUBJECT: Discussion Regarding Zoning Overlay and Conservation Districts for the Entire Boundaries of the North Shore and Normandy Isles National Register Districts HISTORY On October 11, 2016, the Historic Preservation Board (HPB) reviewed preliminary evaluation reports for the proposed North Shore and Normandy Isles Local Historic Districts. The HPB recommended Historic Designation Reports be prepared in accordance with the boundaries recommended in the North Beach Master Plan. On December 9, 2016, the Mayor and City Commission held a Special City Commission meeting and modified the boundaries of the proposed Local Historic Districts recommended by the Historic Preservation Board. Additionally, at the request of Commissioner John Elizabeth Aleman, the City Commission referred a discussion regarding a zoning overlay and conservation districts for the North Shore and Normandy Isles National Register Districts to the Land Use and Development Committee (Item R9A). On January 18, 2017 the Land Use and Development Committee discussed the first draft agenda item prepared by staff. The item was continued to a date certain of February 15, 2017. On February 15, 2017 the item was continued to a date certain of March 8, 2017. The Committee also referred the item to the North Beach Master Plan Steering Committee for further discussion and recommendation. The North Beach Master Plan Steering Committee discussed the proposed Overlay Ordinance on February 24, 2017. The Steering Committee is scheduled to continue the discussion on March 10,2017. BACKGROUND The "Normandy Isles National Register District" was listed on the National Register of Historic Place on November 12, 2008. This district is generally bounded by Biscayne Bay to the south, Ray Street, Rue Notre Dame and Rue Versailles to the west, Normandy Shores Golf Course to the north, and the western bulkhead of Indian Creek to the east. Land Use and Development Committee North Beach Overlay and Conservation District March 8, 2017 Page 2 The "North Shore National Register District" was listed on the National Register of Hlstodc Places oon November 18, 2DG9. This {}istrict is g-eneraHy bounded by 73rd Street to the south, Dickens Avenue, Hawthorne Avenue and Crespi Boulevard to the west, 87th Street to the north, and Collins Court to the east. Each of these National Register Districts has a designation report, which contains detailed information and data on the history, architecture and building types in the district. Additionally, a comprehensive local historic district designation report, for the local district boundaries authorized by the City Commission, is being prepared by Planning Department staff. ANALYSIS The attached ordinance creates an overlay for the RM-1 zoning district within the North Beach National Register Districts. The proposed overlay is comprised of area specific regulations that are intended to incentivize the retention of existing 'Contributing' buildings, as well as ensure that new infill buildings are compatible with their surroundings. The proposed draft ordinance includes specific development regulations for: • Lot area and width; • Lot aggregation; • Unit size requirements; • Off-street parking; • Building heights and roof-top additions; • Setbacks • Design and resiliency standards. As initially drafted, the proposal varies slightly from a traditional 'Neighborhood Conservation District' (NCO), as the same development regulations and standards that would be part of an NCO would be implemented in the form of a zoning overlay. This overlay would be applicable to the entire boundary of each National Register District, regardless of whether the property is located inside or outside of a locally designated historic district. The reason for this approach is to apply consistent standards for new construction within the entirety of the National Register District boundaries, including the areas being considered for local historic designation. This will ensure cohesion of future development within the larger National Register areas. Additionally, demolition standards, as well as incentives for the retention of 'Contributing' buildings, are proposed. The following is a summary of such demolition standards and incentive proposals contained within the draft ordinance: • Demolition of contributing structures within the overlay shall not be permitted for purposes of creating a vacant lot or a surface parking lot. • For the demolition of a 'Contributing Building', no demolition permit shall be issued prior to the review and approval for the new construction or site Land Use and Development Committee North Beach Overlay and Conservation District March 8, 2017 Page 3 improvements by the Design Review Board (ORB) or Historic Preservation Board (HPB) as applicable, and until certain minimum criteria are satisfied. • The minimum and average unit size is reduced for sites containing a 'Contributing' buildings, as well as additions to 'Contributing' buildings which are substantially retained and restored. • For existing apartment, apartment-hotel and hotel buildings, which are classified as 'Contributing' and which are being substantially retained, preserved and restored, there is no parking requirement for the existing structure, and any new additions, whether attached or detached, regardless of lot width and number of units. • For properties that contain at least one 'Contributing' building, the maximum building height can be up to five stories and 60 feet for the lot depth in excess of 30 feet from the front setback, provided that at least 33% of the existing 'Contributing' building, as measured from the front elevation, is substantially retained and restored. • Up to two-story rooftop additions to existing 'Contributing Buildings' may be approved at the administrative level when the construction does not call for the demolition of original significant architectural features and a minimum of 75 percent of the front and street side building elevations are retained. • For rooftop additions located on 'Contributing' buildings, any non-conforming interior side or rear setback may be extended to the new construction. • For properties that contain at least one 'Contributing' building, the historic preservation or design review board, as applicable, may waive certain design standards associated with the aggregation of 3 lots, provided that at least 33% of the existing 'Contributing' building, as measured from the front elevation, is substantially retained and restored. SUMMARY I UPDATE The initial draft of the overlay ordinance presented to the Land Use Committee on January 18, 2017 was the first step in a comprehensive process for creating tangible development regulations for the larger North Beach National Register areas. As indicated previously, the Administration believes that additional stakeholder input, including the review and recommendation of the Master Plan Steering Committee, residents, property owners and businesses will be beneficial to the further development of these regulations. On January 18, 2017 the item was discussed in detail and substantial amount of public input was provided. Pursuant to this discussion, and the feedback from the Land Use Committee, the following updates were incorporated into the draft ordinance: 1. The CD-1 districts located within the National Register Boundaries have been included; Land Use and Development Committee North Beach Overlay and Conservation District March 8, 2017 Page 4 2. The lot aggregation regulations have been further tightened to only permit the aggregation of a third lot when a contributing building is substantially retained; 3. Latitude has been provided for the DRB/HPB to waive roof encroachments of stair and elevator bulkheads. Staff has also had informal discussions with various stakeholders in the area since the last Land Use meetings. Within these discussions, the larger issue of how to protect the scale and setbacks associated with garden style buildings were explored. Staff believes that this particular issue still needs further discussion and consensus. In this regard, while regulations that mandate standards for the physical footprint of replacement buildings can be proposed, in order to effectively re-create the open space areas (e.g. courtyards) and movement of these post-war, garden style buildings, the issue of parking must be addressed concurrently. On February 8, 2017, the City Commission authorized the Administration to engage the North Beach Master Planner (Dover-Kohl) in a review and assistance capacity for the conservation overlay district ordinance. Staff has begun engaging Dover-Kohl in this regard, and as part of the evaluation at the Steering Committee. On February 24, 2017, the North Beach Master Plan Steering Committee convened and discussed the current draft ordinance proposal. The Steering Committee continued the discussion to their next meeting, which will take place on March 10, 2017, and requested that the following issues be addressed: • Removing the Commercial Districts (CD-2) from the overlay regulations; • Further study of the proposal to reduce minimum unit size requirements, particularly the allowance of 300 square feet within contributing buildings; • Identifying different setback requirements for the various neighborhoods, including view corridors for waterfront properties, as well as establishing minimum lot coverage requirements; • Summarizing the proposed Incentives and presenting them in one document for purposes of review and comment; • Creating visual illustrations for different off-street parking options. • A presentation by the City Engineer regarding how streets and sidewalks will be elevated within the overlay area. The Steering Committee indicated that their goal is to reach a consensus on a set of recommendations prior to the April 19, 2017 Land Use Committee meeting. CONCLUSION The Administration recommends that the item be continued to the April 19, 2017 meeting of the L~and Use and Development Committee, where it is anticipated that formal recommendations from the North Beach Master Plan Steering Committee will be Land Use and Development Committee North Beach Overlay and Conservation District March 8, 2017 Page 5 presented. Once there is consensus on the proposal, the next step would be to transmit the proposed Overlay Ordinance back to the full City Commission for referral to the Planning Board. JLM/SMT/TRM/JM M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\North Beach Overly Regulations-MEM MAR 2017 LUDC.docx I T E M F 0 u R MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMITTEE MEMORANDUM FROM: Land Use and Development Commi(e~ 7 . ]4 . I Jimmy L. Morales, City Mana'!:J;~~ ~- March 8, 2017 f {! ,_ TO: DATE: SUBJECT: Discussion: Proposed Ordinance Amendment Pertaining to Nonconforming Buildings. HISTORY On January 17, 2017, the Mayor's Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee (Item C4 F). The amendment was simultaneously referred to the Planning Board. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 15, 2017 the item was continued to a date certain of March 8, 2017. ANALYSIS Section 118-395 defines the procedures for the retention of nonconforming structures that are being renovated. The section has several requirements for existing structures undergoing a renovation both below and in excess of 50% of the value of the structure, specifically as it pertains to nonconforming development attributes such as floor area, height, setbacks, and parking credits. In order to ensure that buildings undergoing a renovation of more than 50% of the value of the building become more sustainable, the proposed ordinance would allow for additional flexibility in the portions of the building that must be maintained in order to maintain nonconforming height, setbacks, and parking credits, while establishing additional sustainability and resiliency requirements. However, any non-conforming FAR must be removed if the building renovation exceeds 50%. The proposed ordinance would require that buildings undergoing a substantial renovation be subject to the Sustainability and Resiliency Requirements of Chapter 133 of the City Code with modifications. It would require that existing buildings located within an historic district or site become a minimum of LEED Certified or require the payment of a fee of two percent (2%) of the construction value. Contributing buildings being replicated would be subject to the full requirements of Chapter 133, which requires a Land Use and Development Committee Proposed Ordinance Amendment Pertaining to Nonconforming Buildings March 8, 2017 Page 2 of 2 minimum of LEED Gold Certification or require the payment of a fee offive percent (5%) of construction value. Outside of an historic district or site, architecturally significant, pre-1965 buildings would be required to be a minimum LEED Silver Certified or require the payment of a fee of three percent (3%) of the construction value. Buildings constructed in 1965 or after, or that are not architecturally significant would be subject of the full requirements of Chapter 133. UPDATE: Subsequent to the February 15, 2017 Land Use Committee meeting, Planning staff met with the City Attorney regarding the portions of the ordinance pertaining to non- conforming FAR. As it pertains to Sec 1.03(c) of the City Charter, the following was concluded: • Any proposal to allow for the retention of non-conforming FAR as part of a renovation exceeding the 50% rule would be considered an increase in zoned FAR. As such voter approval of such an amendment would be required. • Any proposal to allow for the relocation of non-conforming FAR within a building or property, whether a renovation is below or exceeding the 50% rule, would be considered an increase in zoned FAR. As such voter approval of such an amendment would be required. In light of the above noted conclusions, the proposed ordinance has been modified by removing the previously drafted revisions pertaining to non-conforming FAR. While this has resulted in a reduced scope for the legislation, staff believes that the requirement for LEED certification in non-conforming buildings exceeding the 50% rule should move forward. J On March 7, 2017 the revised ordinance is expected to be brought back to the Mayors Blue Ribbon Panel on Seal Level Rise. An update on the recommendations of the Blue Ribbon Panel will be provided on the floor of the March 8, 2017 Land Use Committee meeting. CONCLUSION The Administration recommends that the Land Use and Development Committee discuss the matter further and provide appropriate policy direction. If there is consensus on the proposal herein, it is further recommended that the ordinance be recommended for approval at the Planning Board. J LM/SMT /TRM/RAM M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\Nonconforming Buildings Sustainabillity Requirements-MEM Mar 2017 LUDC.docx NONCONFORMING BUILDINGS-SUSTAINABILITY REQUIREMENTS ORDINANCE NO. _____ _ 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 118, "ADMINISTRATION AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX, "NONCONFORMANCES," TO CLARIFY AND UPDATE CERTAIN TERMS AND DESCRIPTIONS, AND TO PROVIDE MORE DEFINED PARAMETERS FOR WHAT CONSTITUTES A NONCONFORMING STRUCTURE, AND TO ESTABLISH REVISED STANDARDS FOR NON-CONFORMING STRUCTURES; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHERAS, the Mayor's Blue Ribbon Panel on Flooding & Sea Level Rise has recommended that the nonconforming building regulations (as well as all related regulations) should be amended to address long term sustainability and resiliency city wide; and WHEREAS, the City of Miami Beach continually seeks to update and clearly define the requirements of the Land Development Regulations of the Code of the City of Miami Beach as they pertain to nonconforming structures; and WHEREAS, the City of Miami Beach has adopted regulations pertaining to the maintenance and improvement of existing nonconforming structures and, WHEREAS, The City of Miami Beach desires to refine, clarify, expand and enhance existing procedures and requirements for improvements to existing non-conforming structures in order to ensure that a substantial portion of any such structure is retained and preserved; and, 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 THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Chapter 118, Entitled "Administration and Review Procedures", Article IX, Entitled "Nonconformances", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows: * * * Sec. 118-395. -Repair and/or rehabilitation of nonconforming buildings and uses. * * * Page 1 (b) Nonconforming. buildings. (1) Nonconforming buildings which are repaired or rehabilitated by less than fifty (50) percent of the value of the building as determined by the building official shall be subject to the following conditions: &. Repaired or rehabilitated residential and/or hotel units shall meet the minimum unit size requirements as set forth for the zoning district in which the property is located. The number of units in the building shall not be increased . .§b. The building shall have previously been issued a certificate of use, certificate of completion, certificate of occupancy or occupational license by the city to reflect its current use. Q€. Such repairs or rehabilitation shall meet the requirements of the city property maintenance standards, the applicable Florida Building Code, and the Fire Safety Code. ge. If located within a designated historic district, or an historic site, the repairs or rehabilitations shall comply substantially with the Secretary of Interior Standards for Rehabilitation and Guidelines for Rehabilitating Historic Structures, as amended, as well as the certificate of appropriateness criteria in Article X of these Land Development Regulations. If the repair or rehabilitation of a contributing structure conflicts with any of these regulations, the property owner shall seek relief from the applicable building or Fire Safety Code . .Qe. Any new construction shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of balconies may be permitted up to the height of the highest habitable floor for a building non-conforming in height, provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (2) Nonconforming buildings which are repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official shall be subject to the following conditions: a. All residential and hotel units shall meet the minimum and average unit size requirements for rehabilitated buildings as set forth in the zoning district in which the property is located. b. The entire building and any new construction shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. c. The entire building and any new construction shall comply with the current development regulations in the zoning district in which the property is located. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. d. Development regulations for buildings located within a designated historic district or for an historic site: 1. The existing structure's floor area height, setbacks and any existing parking credits may remain if the following portions of the building remain substantially intact, and are retained, preserved and restored: i. At least 75 percent of the front and street side facades; walls, exclusive of window openings; Page 2 ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property lines, at least 66 percent of the remaining interior side walls, exclusive of window openings; and iv. All architecturally significant public interiors. 2. For the replication or restoration of contributing buildings, but not for noncontributing buildings, the historic preservation board may, at their discretion, waive the requirements of subsection(b)(2)d.1. above, and allow for the retention of the existing structure's floor area, height, setbacks or parking credits, if at least one of the following criteria is satisfied, as determined by the historic preservation board: i. The structure is architecturally significant in terms of design, scale, or massing; ii. The structure embodies a distinctive style that is unique to Miami Beach or the historic district in which it is located; iii. The structure is associated with the life or events of significant persons in the city; iv. The structure represents the outstanding work of a master designer, architect or builder who contributed to our historical, aesthetic or architectural heritage; v. The structure has yielded or is likely to yield information important in prehistory or history; or vi. The structure is listed in the National Register of Historic Places. Notwithstanding the above, for buildings over three stories in height, at least 75 percent of the front facade and 75 percent of any architecturally significant portions of the street side facades shall be retained and preserved, in order to retain any non-conforming floor area, height, setbacks or parking credits. If the historic preservation board does not waive the requirements of subsection (b )(2)d.1. above for any reason, including the inability of a reconstructed building to meet the requirements of the applicable building code, any new structure shall be required to meet all current development regulations for the zoning district in which the property is located. 3. The building shall comply substantially with the secretary of interior standards for rehabilitation and guidelines for rehabilitating historic structures, as amended, as well as the certificate of appropriateness criteria in Article X of these Land Development Regulations. 4. If the repair or rehabilitation of a contributing structure or historic site conflicts with any of the requirements (as amended) in the applicable Florida Building Code or the Life Safety Code, the property owner shall seek relief from such code. 5. Regardless of its classification on the Miami Beach Historic Properties database, a building may be re-classified as contributing by the historic preservation board if it meets the relevant criteria set forth in the City Code. 6. Contributing structures shall be subject to all requirements in section 118-503 of these Land Development Regulations. 7. The existing building shall comply with the sustainability and resiliency requirements for new construction of Chapter 133; however, notwithstanding the requirements in Chapter 133, for such buildings, the Sustainability Fee shall be valued at two (2) percent the of the total construction valuation of the Page 3 building permit and the certification compliance schedule in section 133-6 (a) shall be revised as follows: Certification Compliance Schedule Sustainabilitv Fee Reimbursement to Level of Certification Achieved Participant for Meetinq Certain Green Buildinq Certification Levels Failure to obtain Certification 0% refund of bond or payment of Sustainability fee LEED Certified 100% refund of bond or payment of Sustainability fee LEED Silver Certified 1 00% refund of bond or payment of Sustainability fee LEED Gold Certified or International 1 00% refund of bond or payment of Livinq Future Institute Petals or Net Sustainability fee Zero Enerqv Certified LEED Platinum Certified or · 100% refund of bond or payment of International Livina Future Institute Sustainability fee Livinq Buildinq Challenae Certified e. Development regulations for buildings not located within a designated historic district and not an historic site. 1. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, may retain the existing floor area ratio, height, setbacks and parking credits, if the following portions of the building remain substantially intact and are retained, preserved and restored: i. At least 75 percent of the front and street side facades, exclusive of window openings; ii. At least 75 percent of the original first floor slab; iii. At least 50 percent of all upper level floor plates; and iv. At least 50 percent of the interior side walls, exclusive of window openings. 2. For buildings satisfying the above criteria, and '.Nhose lot size is less than 20,000 square feet, the parking impact fee program may be utilized, provided that all repairs and rehabilitations, and any new additions or new construction is approved by the design review board and that any existing, required parking, that is conforming, shall not be removed. 3. Buildings constructed prior to 1965 and determined to be architecturally significant by the planning director, or designee, shall comply with the sustainability and resiliency requirements for new construction of Chapter 133; however. notwithstanding the requirements in Chapter 133, for such buildings, the Sustainability Fee shall be valued at three (3) percent the of the total construction valuation of the building permit and the certification compliance schedule in section 133-6 (a) shall be revised as follows: Certification Compliance Schedule Page 4 Sustainability Fee Reimbursement to Level of Certification Achieved Participant for Meetinq Certain Green Buildinq Certification Levels Failure to obtain Certification 0% refund of bond or Qa~ment of Sustainabilit~ fee LEED Certified 75% refund of bond or Qa~ment of Sustainabilitv fee LEED Silver Certified 100% refund of bond or Qa~ment of Sustainabilit~ fee LEED Gold Certified or International 100% refund of bond or Qa~ment of Livina Future Institute Petals or Net Sustainabilit~ fee Zero Enerqy Certified LEED Platinum Certified or 100% refund of bond or Qa~ment of International Livinq Future Institute Sustainabilit~ fee Livinq Buildinq Challenqe Certified 4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined b~ the Qlanning director, or designee not to be architectural!~ significant, shall be subject to the sustainabilit~ and resilienc~ requirements for new construction of ChaQter 133. J§. For purposes of this subsection, the planning director, or designee shall make a determination as to whether a building is architecturally significant according to the following criteria: i. The subject structure is characteristic of a specific architectural style constructed in the city prior to 1965, including, but not limited to, vernacular, Mediterranean revival, art deco, streamline moderne, post- war modern, or variations thereof; ii. The exterior of the structure is recognizable as an example of its style and/or period, and its architectural design integrity has not been modified in an irreversible manner; and iii. Exterior architectural characteristics, features, or details of the subject structure remain intact. A property owner may appeal any determination of the planning director, or designee relative to the architectural significance of a building constructed prior to 1965 to the design review board, in accordance with the requirements and procedures set forth in article VI herein. 4. Buildings constructed in 1965 or thereafter, and buildings constructed prior to 1965 and determined by the planning director, or designee not to be architecturally significant, shall be subject to the regulations set forth in subsection (b )(2)a-c herein. 5. If there is a change in use, a building shall receive no parking credits and must either provide the required parking on site, or within 500 feet of the site, or pay a parking impact fee. f. Any new construction identified in subsections d. and e., above, shall comply with the existing development regulations in the zoning district in which the property is located, provided, however, that open private balconies, including projecting balconies and balconies supported by columns, not to exceed a depth of 30 feet from an existing building wall, may be permitted as a height exception. The addition of the highest habitable floor for a building nonconforming in height, Page 5 provided such balconies meet applicable FAR and setback regulations. Any addition of a balcony in a nonconforming building shall be subject to the review and approval of the design review board or historic preservation board, as may be applicable. (3) There shall be no variances from any of the provisions herein pertaining to maximum floor area ratio and to parking credits. (4) Unless superseded by the provisions in Chapter 142, Article II, Division 2, sSingle- family homes shall be treated the same as other buildings, in determining when an existing structures lot coverage, height and setbacks may remain. (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. (6) The foregoing regulations shall not apply to any building or structure located on city- owned property or rights-of-way, or property owned by the Miami Beach Redevelopment Agency. (7) Gasoline service stations. a. Notwithstanding the foregoing prov1s1ons, a nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, and which has been damaged, repaired or rehabilitated by more than 50 percent of the value of the building as determined by the building official pursuant to the standards set forth in the Florida Building Code may be repaired or rehabilitated, if the following conditions are met: 1. The entire building and any new addition shall meet all requirements of the city property maintenance standards, the applicable Florida Building Code and the Life Safety Code. 2. The entire building and any new addition shall comply with the current development regulations in the zoning district in which the property is located, including, but not limited to all landscape requirements. New monument-style signs shall be required. Pole signs shall be prohibited. 3. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. b. Necessary repairs to add an emergency electrical generator and related facilities to a nonconforming gasoline service station shall be permitted. c. A nonconforming gasoline service station that provides a generator or other suitable equipment that will keep the station operational, may add new floor area (other than floor area strictly necessary to house an emergency electrical generator and related facilities), or convert existing floor area or land, to add new accessory uses, such as a convenience sales area or a car wash, subject to conditional use approval, notwithstanding the nonconforming status of the gasoline service station. Sec. 118-396. -Intermittent or illegal uses. The casual, intermittent, temporary, or illegal use of land or buildings shall not be sufficient to establish the existence of a nonconforming use and the existence of nonconforming use on a part of a lot or tract shall not be sufficient to establish a nonconforming use on the entire lot or tract. Page 6 Sec. 118-397. -Existence of a nonconforming building or use. (a) The planning and zoning director shall make a determination as to the existence of a nonconforming use or building and in so doing may make use of affidavits and investigation in addition to the data presented on the city's building card, occupational license or any other official record of the city. (b) The question as to whether a nonconforming use or building exists shall be a question of fact and in case of doubt or challenge raised to the determination made by the planning and zoning director, the question shall be decided by appeal to the board of adjustment after public notice and hearing and in accordance with the procedures set forth in section 118- 134. In making the determination the board may require certain improvements that are necessary to insure that the nonconforming use or building will not have a negative impact on the neighborhood. Sec. 118-398. -Building nonconforming in height, density, parking, floor area ratio or bulk. Except as provided in chapter 118, article IX, herein, a nonconforming building shall not be altered or extended, unless such alteration or extension decreases the degree of nonconformity but in no instance shall the floor area requirements of any unit which is being altered or extended be less than the required floor area set forth in the applicable zoning district. SECTION 2. REPEALER All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _____ , 2017. Philip Levine, Mayor ATTEST: CITY CLERK Page 7 First Reading: Second Reading: '2017 '2017 Verified By: Thomas R. Mooney, AICP Planning Director APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\Nonconforming Buildings Sustainabillity Requirements-ORO Mar 2017 LUDC.docx Page 8 I T E M F I v E MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMITTEE MEMORANDUM Land Use and Development ComnM ~l ./f Jimmy L. Morales, City Manag~~ },,~ March 8, 2017 1 / LIY - SUBJECT: Discussion: Proposed Ordinance Amendment Pertaining to Maximum Building Heights in Commercial Zoning Districts and Allowable Height Exceptions. HISTORY On January 17, 2017, the Mayor's Blue Ribbon Panel on Sea Level Rise discussed the attached Ordinance amendment and recommended that the City Commission refer it to the Land Use and Development Committee and Planning Board. On February 8, 2017, the City Commission referred the proposed Ordinance amendment to the Land Use and Development Committee (Item C4 D). The amendment was also referred to the Planning Board after Land Use and Development Committee review and approval. Commissioners John Elizabeth Aleman and Joy Malakoff are the sponsors of the item. On February 15, 2017 the Land Use and Development Committee discussed the item and continued it to the March 8, 2017 meeting. ANALYSIS In an effort to adapt to the effects of climate change and sea level rise, the City has adopted regulations related to the base flood elevation (BFE) and freeboard to encourage the ground floor of new buildings to be developed at a higher elevation. In addition, the City is raising the levels of roads and sidewalks to ensure that they remain dry and passable. During this transition period sidewalk and ground floors may be located at different elevations. Commercial buildings however rely on customers passing by the sidewalk and being drawn in by the view of the commercial uses inside. As a result the attached ordinance amendment would allow for buildings in commercial districts to be developed with an additional ten (1 0) feet of height at the ground floor, provided the ground floor is a minimum of 18 feet high with the review and approval of the Design Review Board or Historic Preservation Board, as applicable. This would allow for the ground floor to be placed at a lower level, while providing sufficient ceiling height for the ground floor to be raised at such time when roadways and sidewalks are raised. Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8, 2017 Page 2 of 5 Additionally, the proposal amends and expands allowable height exceptions for sustainable roofing systems and alternative forms of energy. This includes, but is not ~imited to, solar roof, blue mof, white roof, cool roof, green roof, and rooftop farming roofing system, along with solar panels, wind turbines, and other alternative energy fixtures as allowable height exceptions in all districts except single-family districts. UPDATE At the February 15, 2017 meeting, the Land Use and Development Committee requested that graphics be provided to illustrate how the proposed change could affect development. The graphics are attached to this report. Additionally, it was requested that a modification be incorporated to specify that the additional height be for the sole use of the ground floor. The modification has been incorporated into the attached ordinance. CONCLUSION The Administration recommends that the Land Use and Development Committee discuss the matter further and provide policy direction. If there is consensus on the proposal, it is further recommended that the ordinance be recommended for approval at the Planning Board. JLM/SMT/TRM/RAM M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\Commercial Height Standards- MEM March 2017 LUDC.docx Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8, 2017 Page 3 of 5 New Construction at Current Road Elevation CAS£BTUDY -COMMERCIAL BUILDING GROUND FLOOR AT EXISTING GRADE SECOND FLOOR GROUND FLOOR FRONT ELEVATION ~ I ::, -------r---------------K::~;:, @ 48' NGVD ~ ~ COMMERCIAL ~ SPACE SIDEWALK ROAD Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8, 2017 Page 4 of 5 New Construction when Road is Raised CASE STUDY-COMMERCJAL BU1LD1 NG GROUND FLOOR AND ROAD AT BFE + 5 SECOND FLOOR FRONT ELEVATION COMMERCIAL ~ SPACE ~ ~ SIDEWALK ROAD Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8 , 2017 Page 5 of 5 CD-1 Heights Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8, 2017 Page 3 of 5 New Construction at Current Road Elevation CASE STUDY-COMMtRCIALBUtLDH\IG GROUND FLOOR AT EXISTING GRADE SECOND FLOOR GROUND FLOOR FRONT ELEVATION ~ ~ COiviMERCIAL ~ SPACE SIDEWALK ROAD Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8, 2017 Page 4 of 5 New Construction when Road is Raised CASE STUDY-CDMMER.CIALBUILDJNG GROUND FLOOR AND ROAD AT BFE + 5 SECOND FLOOR FRONT ELEVATION COMMERCIAL ~ SPACE ~ ~ SIDEWALK ROAD Land Use and Development Committee Maximum Building Heights in Commercial Districts and Allowable Height Exceptions March 8 , 2017 Page 5 of 5 CD-1 Heights "' <( 'i' 0 3 ir .. ,. 0 " Q. 'I' 0 3 'I' "' .. .,. 0 "' a t COMMERCIAL HEIGHT STANDARDS ORDINANCE NO. __ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," BY AMENDING SECTION 114-1, "DEFINITIONS," AND BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,", ARTICLE II, "DISTRICT REGULATIONS", BY AMENDING DIVISION 4, "CD-1, COMMERCIAL, LOW-INTENSITY DISTRICT," SECTION 142-276, "DEVELOPMENT REGULATIONS, AND DIVISION 5, "CD-2, COMMERCIAL, MEDIUM-INTENSITY DISTRICT," SECTION 142-306, "DEVELOPEMENT REGULATIONS," AND DIVISION 6, "CD-3, COMMERCIAL, HIGH-INTENSITY DISTRICT, "SECTION 142-336, "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," AND DIVISION 13, "MXE, MIXED USE ENTERTAINMENT DISTRICT," SECTION 142-545, "DEVELOPMENT REGULATIONS," AND DIVISION 18, "PS, PERFORMANCE STANDARD DISTRICT," SECTION 142- 698, "COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS," TO MODIFY ALLOWABLE HEIGHTS FOR THE PURPOSE OF SEA-LEVEL RISE MITIGATION; AND BY AMENDING ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 5, "HEIGHT REGULATIONS," SECTION 142-1161, "HEIGHT REGULATION EXCEPTIONS," TO ALLOW FOR SOLAR PANELS, WIND TURBINE AND SUSTAINABLE ROOFING SYSTEMS; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach seeks to encourage and incentivize new development and the preservation and restoration of structures located within the City; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety and general welfare of its citizens; and WHEREAS, the City of Miami Beach recognizes Sea level rise and it responsibility to the citizens to adapt to meet those needs; and WHEREAS, the City of Miami Beach understands how important it is to build resilient buildings that will be able to survive Sea Level Rise; and WHEREAS, to mitigate the impacts of Climate Change the City must allow for the residents and buildings to reduce their vulnerability; and WHEREAS, the City of Miami Beach understands that to combat the harmful effects of Climate Change, Local Municipalities are the front line of adaptation and must if there is no example to follow; and WHEREAS, it is in the best interest of the City to promote the economic environmental health in the City through sustainable and environmentally friendly design and construction which reduces demand for energy and reduces greenhouse gas emissions; and WHEREAS, studies have indicated that green buildings have lower maintenance costs associated with low energy consumption, which will improve the City's long-term economic well-being; and WHEREAS, it is in the interest of the health, safety and welfare of the residents of the City to ensure sustainable construction and to ensure that the City safeguard natural resources and ensure that efficient buildings are constructed; and WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. Amending Chapter 114 of the City Code, entitled "General Provisions," Section 114-11, "Definitions," of the Land Development Regulations, is hereby amended to read as follows: Chapter 114-GENERAL PROVISIONS Sec. 114-1-Definitions Blue roof means a non-vegetated source control to detain storm-water. A blue roof slows or stores storm-water runoff by using various kinds of flow controls that regulate, · block, or store water instead of vegetation. * * * Cool roof see white roof * * * Green roof means a green space created by layers of growing medium and vegetation added on top of a traditional roofing system. It may also include additional layers such as a root barrier and drainage and irrigation systems. * * * Height of building means the vertical distance from the lowest floor according to the following, as applicable: (a) When the minimum finished floor elevation is located between grade and base flood elevation plus "City of Miami Beach Freeboard", height shall be measured from the minimum finished floor elevation to the highest point of the roof; 2 (b) When the minimum finished floor elevation in located above the base flood elevation plus Freeboard, height shall be measured from the base flood elevation plus Freeboard. 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) 1\s all rights of way have not yet been elevated, fEar commercial properties, height shall be measured from the base flood elevation, plus freeboard, provideg that the height of the first floor shall be tall enough to allow the first floor to eventually be elevated to base flood elevation, plus minimum freeboard, with a future minimum interior height of at least ten (1 0) feet once the adjacent right-of-way is elevated as provided under the City's Public Works Manual. * * * Roof top farm means a garden on the roof of a building including roof plantings that may provide food, temperature control, hydrological benefits. architectural enhancement, recreational opportunities, and in large scale ecological benefits. * * * White roof means a roof that has been painted white or is surfaced with some other light or reflective material. * * * SECTION 2. Amending Chapter 142 of the City Code, entitled "Zoning Districts and Regulations," Article II. "District Requirements," Section 142-276, "Development Regulations," of the Land Development Regulations, is hereby amended to read as follows: Chapter 142-ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II.-SUPPLEMENTARY DISTRICT REGULATIONS * * * DIVISION 4.-CD-1 COMMERCIAL, LOW INTENSITY DISTRICT * * * 3 Sec. 142-276.-Development regulations. The development r.egu1ations in the CD-1 commercial, low intensity district are as follows: Maximum Building Height (Feet) 40 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet * * * DIVISION 5. -CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT * * * Sec. 142-306.-Development regulations. The development regulations in the CD-2 commercial, medium intensity district are as follows: Maximum Building Height (Feet) 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet * * * DIVISION 6.-CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT * * * Sec. 142-337.-Development regulations and area requirements. (a) The development regulations in the CD-3 commercial, high intensity district are as follows: 4 (1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than 45,000 sq. ft.-2. 75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0. (2) Notwithstanding the above, oceanfront lots in architectural district shaH have a maximum FAR of 2.0. (3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and between 16th Street and 17th Street shall have a maximum FAR of 2.75. (4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 sq. ft. with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 sq. ft. (b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the architectural district shall be 2.50. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet * * * DIVISION 13.-MXE MIXED USE ENTERTAINMENT DISTRICT * * * Sec. 142-545.-Development regulations. The development regulations in the MXE mixed use entertainment district are as follows: Maximum Building Height (Feet) 75 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet. * * * DIVISION 18.-PS PERFORMANCE STANDARD DISTRICT * * * 5 Sec. 142-698.-Commercial Performance standard area requirements. (b )The commercial performance standard area requirements are as follows: C-PS1 Maximum Building Height 40 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet. C-PS2 Maximum Building Height 50 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet. C-PS3 Maximum Building Height 80 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased by 10 feet within the first story, provided the first story has a minimum height of 18 feet. C-PS4 Maximum Building Height 150 Notwithstanding the foregoing, at the discretion of the Design Review Board or Historic Preservation Board, as applicable, the maximum building height may be increased bv..1Q feet within the first story, provided the first story has a minimum height of 18 feet. 6 SECTION 3. Amending Chapter 142 of the City Code, entitled "Zoning Districts and R-egulations," Article ~V. "Supp1ementary District Regulations," Division 5, "Height Regulations," Section 142-1161, "Height Regulation Exceptions," of the Land Development Regulations, is hereby amended to read as follows: * * * DIVISION 5.-HEIGHT 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. (1 0) 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. 7 ( 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 Dpposite 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, wind turbines and other alternative energy fixtures. (18) Sustainable roofing systems. (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) 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. SECTION 3. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. CODIFICATION. It is the intention of the City Commission, and it is hereby ordained, that the provisions of this Ordinance shall become and be made part of the Code of the City of Miami Beach, as amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 6. EFFECTIVE DATE. This ordinance shall take effect 10 days after adoption. PASSED and ADOPTED this __ day of _____ 2017. MAYOR 8 ATTEST: CITY CLERK First Reading: _______ , 2017 Second Reading: , 2017 Verified By: ___________ _ Thomas R. Mooney, AICP Planning Director Underline = new language Strikethrough = deleted language APPROVEDASTOFORM AND LANGUAGE AND FOR EXECUTION City Attorney Date M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\Commercial Height Standards - ORO March 2017 LUDC.docx 9 I T E M s I X MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miomi Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: COMMITTEE MEMORANDUM Land Use and Development Cou1 J Jimmy L. Morales, City Ma~~1 ~· March 8, 2017 SUBJECT: Discussion: Revisions to City Regulations for ACLF's and related Facilities. HISTORY On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the item to the Land Use and Development Committee (Item C4K). On February 15, 2017, the Land Use and Development Committee discussed the item and continued it to March 8, 2017. ANALYSIS On February 8, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission approved an Ordinance at First Reading establishing a temporary moratorium on the issuance of any land development permits, business tax receipts or any other license or permit for the establishment or operation of adult congregate living facilities (ACLF). The Second Reading I Adoption of the subject moratorium is scheduled for March 1, 2017. In addition to ACLF's, the proposed moratorium would apply to assisted living facilities, crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers, and any similar or derivative uses associated with such uses. Concurrent with the aforementioned moratorium, Commissioner Aleman sponsored a referral to the Land Use and Development Committee regarding revisions to the City Code as it pertains to ACLF's and related uses. Currently, the City Code is in need of updating as it pertains to definitions and regulations for crisis stabilization units, residential detoxification centers, community residential homes, and residential medical rehabilitation centers. Additionally, the term adult congregate living facility (ACLF) has become obsolete and, as currently defined in the City Code, needs to be updated to conform to state law. In addition to replacing the obsolete term 'ACLF' with "assisted living facility," the City Code needs to be revised to include proper licensure requirements and to comply with state law requirements. Initial research on state statutes and various municipal codes related to medical uses has been done. The City of Pompano Beach has been found to have very detailed requirements for such uses in their land development regulations. Below are definitions of various medical uses, from state statutes and the City of Pompano Beach that can be Land Use and Development Committee Revisions to City Regulations for ACLF's and related Facilities March 8, 2017 Page 2 of 6 considered for the purposes of updating the City definitions, as well as establishing new zoning requirements and regulations: • An "assisted living facility" means any building or buildings, section or distinct part of a building, private home, boarding home, home for the aged, or other residential facility, whether operated for profit or not, which undertakes through its ownership or management to provide housing, meals, and one or more personal services for a period exceeding 24 hours to one or more adults who are not relatives of the owner or administrator, pursuant to the requirements of Fla. Stat. § 429.02. • A "community residential home" with seven to 14 residents is a state-licensed dwelling unit to provide a family living environment and care for seven to 14 unrelated persons who meet statutory requirements of Fla. Stat.§ 419.001(1)(a), as amended. A community residential home with seven to 14 residents may include such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents. • A "medical office" is a small-scale office providing medical or dental treatment. A small-scale office shall mean a maximum gross floor area of 5,000 SF. This use shall not include any uses specified as a specialty medical facility. An office which is greater than 5,000 SF shall be considered a specialty medical facility. • A "specialty medical facility" is a facility, regardless of size, offering specialized treatment and services including, but not limited to, ambulatory surgical facilities, dialysis centers, substance abuse treatment facilities, outpatient rehabilitation facilities, birthing facilities, and urgent care facilities (not including a 24-hour urgent care facility). This use also includes medical or dental offices which are larger than 5,000 SF of floor area. • An "urgent care facility 24-hours" is a facility which holds itself out to the general public as a walk-in, extended-hour access facility where immediate, but not emergent, care is provided. Patients shall be served solely on an outpatient basis and such services shall not include overnight stays. • A "specialty hospital" is a hospital which offers a restricted range of services appropriate to the diagnosis, care, and treatment of patients with specific categories of medical or psychiatric illnesses or disorders which include: Specialty medical hospitals; specialty rehabilitation hospitals; specialty psychiatric hospitals, which may include beds licensed to offer intensive residential treatment programs; specialty substance abuse hospitals, which may include beds licensed to offer intensive residential treatment programs; and an addictions receiving facility. • A "medical or dental lab" consists of facilities and offices providing diagnostic analysis of medical tests (such as blood test urinalysis, CT Scan, X-ray or other medical tests related to diagnostic treatment); collecting or withdrawing human blood, organs, skin, or other human tissue; or producing such items as dentures, caps, bridges and optical prescriptions. • A "nursing home facility" is a state-licensed facility or any identifiable component of Land Use and Development Committee Revisions to City Regulations for ACLF's and related Facilities March 8, 2017 Page 3 of 6 any facility in which the primary function is the provision, on a continuing basis, of nursing services and health-related services for the treatment and inpatient care of two or more non-re1ated individuals, including facilities known by varying designations such as rest homes, convalescent homes, skilled care facilities, intermediate care facilities, extended care facilities, and infirmaries. Accessory uses may include dining rooms and recreation and physical therapy facilities for residents, and offices and storage facilities for professional and supervisory staff. This use type does not include the home or residence of any individual who cares for or maintains only persons related to him or her by blood or marriage. It also does not include assisted living facilities. UPDATE Staff is currently undertaking a review of medical uses within the City. The review is utilizing business tax receipt (BTR) information, along with information from various State agencies that are responsible for the regulation of medical uses. The City currently has 25 BTR classifications for medical uses. Some medical uses have been identified where it may be beneficial to establish new classifications in order to better account for the variety of medical uses and impacts. A suitability analysis is also currently being undertaken for various medical uses. For the purposes of this analysis, medical uses have been categorized by the intensity of their impact and whether or not they allow for overnight stays or permanent residence. Classes one (1) to four (4) would not allow for overnight stays, while classes five (5) to ten (1 0) would allow for overnight stays or permanent residence. Generally, all of the uses within a particular class would have a similar impact on the surrounding areas. The classes are generally as follows: • Classes one (1) to four (4) would NOT allow for overnight stays: o Class 1 -Medical uses that have an impact similar to, and often incorporate retail uses. These may include Optician, Pharmacy, Massage Clinic, and Massage Therapist. These uses are often seen as a small accessory use to large-scale residential and hotel uses as well. Based on an initial suitability analysis they could be appropriate in up to 20 of the City's zoning districts. o Class 2 -Medical uses that have an impact similar to offices. These uses are typically located within office or retail buildings, and typically schedule appointments with patients during standard working hours. These may include Medical Office, Dentist Office, Dietician, Doctor's office, Homeopathic Physician's Office, Optometrist, Pathologist, Phlebotomist, Physiotherapist, Podiatrist, Psychiatrist, Sociologist, Social Worker, Therapist, Adult Day Care, Chiropractor's office. These uses typically do not generate high amounts of medical waste. Based on an initial suitability analysis they could be appropriate in up to 14 of the City's zoning districts. o Class 3 -Medical uses which provide medical care throughout extended working hours, along with diagnostic and laboratory services. These may involve the generation of high levels of medical waste, and generate higher levels of traffic. These may include a Medical Lab, Dental Lab, Diagnostics Center, and Urgent Care Centers. Based on an initial suitability analysis they could be appropriate in Land Use and Development Committee Revisions to City Regulations for ACLF's and related Facilities March 8, 2017 up to ten ( 1 0) of the City's zoning districts. Page 4 of 6 D Ciass 4 -Medical uses which typically dispense pharmaceuticals as part of their treatment plan. These may involve frequent visits from patients who may require services from the facility on a daily basis. These may include Limited Mental Health Treatment Facility, Limited Substance Abuse Treatment Facility, and Pain Management Clinics. Based on an initial suitability analysis they could be appropriate in up to seven (7) of the City's zoning districts. • Classes five (5) to ten (1 0) would allow for overnight stays or permanent residence: o Class 5 -A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine. Such a facility will typically have six (6) or fewer residents. This includes Community Residential Homes. Based on an initial suitability analysis they could be appropriate in up to 25 of the City's zoning districts. o Class 6 -A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine. Such a facility will typically have 16 or fewer residents. This includes smaller Assisted Living Facilities (ALF's ). Based on an initial suitability analysis they could be appropriate in up to 23 of the City's zoning districts. o Class 7 -A category in which assistance is given to permanent residents with assistance in daily personal activities including but not limited to, bathing, dressing, eating, grooming, and dispensing of medicine. Such a facility will typically have more than 16 residents. This includes larger ALF's and nursing home facility. Based on an initial suitability analysis they could be appropriate in up to 18 of the City's zoning districts. o Class 8 -A medical uses that provide 24-hour medical supervision and may implement medication management and other medical care for its patients. However, the patients who do not necessarily pose a physical danger to themselves or others. They are typically of an institutional nature, though they may contain amenities to improve the quality of life of patients. This may include Residential Treatment Facility. Based on an initial suitability analysis they could be appropriate in up to four (4) zoning districts. o Class 9 -A medical uses that provide 24-hour medical supervision and may implement medication management for its residents. However, they treat patients who may pose a physical danger to themselves or others and security is required. They are typically of an institutional nature, though they may contain amenities to improve the quality of life of patients. This may include a Specialty Hospital, Psychiatric Treatment Facility, and Substance Abuse Treatment Facilities. Based on an initial suitability analysis they could be appropriate in up to three (3) zoning districts. o Class 10 -A medical use that treats a full range of medical related issues. This Land Use and Development Committee Revisions to City Regulations for ACLF's and related Facilities March 8, 2017 Page 5 of 6 is the most intense medical use. Such a facility includes a Hospital. Based on an initial suitability analysis they could be appropriate in one (1) zoning district. A review of the active and applied for medical use BTR's indicates that the City only has Class 1, 2, 3, 6, 7, and 10 facilities. The following table indicates the number of facilities within each class, and the zoning districts in which they are located. A map identifying the locations is included at the end of this memorandum. Medical Use Class Location by Zoning District ·Class 1 :·Ciass2 Class·3 Class6 · Class7 Class 10 All Classes Zone BTRs % BTRs % BTRs % BTRs % BTRs % BTRs % BTRs % RS 1 0.5% 1 25.0% 2 0.4% RM-1 29 14.5% 1 100% 2 50.0% 32 7.2% RM-2 3 1.5% 3 0.7% RM-3 87 43.5% 1 0.5% 88 19.7% CD-1 3 1.5% 4 2.1% 7 1.6% CD-2 20 10.0% 14 7.5% 34 7.6% CD-3 12 6.0% 59 31.6% 3 5.8% 74 16.6% C-PS1 2 1.0% 2 0.4% C-PS2 8 4.0% 2 1.1% 10 2.2% GU 21 10.5% 2 1.1% 23 5.2% HD 1 0.5% 100 53.5% 2 100% 1 25.0% 49 94.2% 153 34.3% 1-1 1 0.5% 1 0.2% MXE 3 1.5% 3 0.7% RMPS-1 1 0.5% 1 0.2% RPS-4 6 3.0% 6 1.3% TC-1 2 1.0% 3 1.6% 5 1.1% TH 1 0.5% 1 0.2% RO 1 0.5% 1 0.2% Totar 200. ·; 187 ·.·· ... ·< ··:;.2 •.. . :1 /''' • ;,;4 .. 52. 446 ;i . . Additional review is necessary to evaluate the following: 1. The zoning districts for which the different types of uses should be permitted. 2. Which uses should be treated as a main permitted use or require Conditional Use approval from the Planning Board within the various zoning districts. 3. Whether distance separation requirements are necessary between different types of facilities so as to not create excessive impacts on any particular neighborhood. CONCLUSION The Administration recommends that the Land Use and Development Committee discuss the matter further, provide appropriate policy direction and continue the item to a date certain of April 19, 2017 in order for staff to continue work on the necessary studies and an Ordinance amendment. J LM/SMT /TRM/RAM M:\$CMB\CCUPDATES\Land Use and Development Committee\2017\March 8, 2017\Revisions to City Regulations for ACLF's-MEM March 2017 LUDC.docx Land Use and Development Committee Revisions to City Regulations for ACLF 's and related Facilities March 8 , 2017 Medical Use Business Tax Rec Legend Class 81 02 .3 II 6 7 l1lll 10 Page 6 of 6 rn . . VERBAL REPORT I T E M s E v E N MIAMI BEACH OFFICE OF THE MAYOR AND COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Jimmy L. Morales, City Manager Joy V. W. Malakoff, Commissioner March 7, 2016 Referral to the April 20, 2016 Land Use and Development Committee- Discussion pertaining to Development Regulations and Guidelines for New Construction in the Palm View Historic District to address Resiliency, Sustainability and Adaptation. Please place the above item on the Consent Agenda for the Commission Meeting of March 9, 2016. If you have any questions, please contact me at extension 6622. Thank you. JVWM We ore committed ro providing excellent public service and safety to all who live, work, and ploy in our vibrant, tropical, historic community. 5 Agenda Item C * /1:.. Date $=-.ft VERBAL REPORT I T E M E I G H T After Action June 8, 2016 City Commission City of Miami Beach Jose Gonzalez, Transportation Director, introduced the item. Many ideas were generated out of the Transportation Workshop. Last month some of those initiatives and ideas were discussed at Neighborhood/Community Affairs Committee (NCAC) and one of those initiatives was establishing transportation plans for special events, with the goal of reducing the number of cars traveling into the City during special events from the causeway. One of the proposals is to provide parking in remote locations outside the City limits and then provide public transportation to and from those parking locations to the event. They are recommending identifying a suitable event as a model and transmitting the results via LTC. Vice-Mayor Steinberg stated that this was a no brainer and she moved the item. 3:30:34 p.m. R7X A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Establish More Aggressive Requirements For Developers To Provide Employee Transportation Plans And To Refer This Matter To The Land Use And Development Committee For Further Discussion And Input. (Transportation) ACTION: Resolution 2016-29459 adopted. Item referred to LUDC. Motion made by Commissioner Malakoff; seconded by Commissioner Steinberg. Voice-vote: 7-0. Thomas Mooney to place on the Committee Agenda. Jose Gonzalez to handle. REFERRAL: Land Use and Development Committee for further discussion and input. Commissioner Grieco stated that this is the next progression from the parking plans already required of the developers. When there is a new project that exceeds over $250,000, before building plans are approved, a builder or developer needs to submit a parking plan for the workers, and this is the next step, which is developing an actual transportation plan. They should have a high threshold as to the requirements that they need to meet. Jose Gonzalez, Transportation Director, clarified that this item pertains more to development, and not necessarily to construction workers (See Item R7Y), but more so for employees to take transit, to commute and carpool, etc. It is geared more to those types of initiatives that they would like to establish by Ordinance. 3:33:23 p.m. R7Y A Resolution Accepting The Recommendation Of The Neighborhood/Community Affairs Committee To Expand The City's Current Construction Parking Plan Requirements To Include Construction Transportation Plan Requirements. (Transportation) ACTION: Resolution 2016-29460 adopted. Motion made by Commissioner Grieco; seconded by Commissioner Aleman. Voice-vote: 7-0. Jose Gonzalez to handle. Commissioner Malakoff stated that this is for construction projects over $250,000. She asked if this is for single-family homes as well. Jose Gonzalez, Transportation Director, recommended establishing requirements by Ordinance and answered that all single family homes will also have a construction parking plan. F:\CLER\CITYCLER\AFTERACT\2016\06082016 CM\After Action June 8, 2016.Docx Page 59 VERBAL REPORT I T E M N I N E Commission Committee Assignments • C4 H MIAMI BEACH COMMISSION MEMORANDUM TO: FROM: Honorable Mayor and Members of the City Commission Commissioner Michael Grieco DATE: March 1, 2017 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO ADD "OFFICE SPACE USE" TO THE WASHINGTON AVENUE INCENTIVES. ANALYSIS Please add to the March 1, 2017 Commission meeting, a referral to the Land Use & Development Committee to add "office space use" to the Washington Avenue incentives. Legislative Tracking Commissioner Michael Grieco Page 11 0 of 1 027 VERBAL REPORT I T E M T E N Commission Committee Assignments-C4 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Commissioner John Elizabeth Aleman DATE: March 1, 2017 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE TO CONSIDER AN AMENDMENT TO THE FAENA OVERLAY ZONE ORDINANCE ALLOWING WORKS OF ART WITHIN SETBACKS. ANALYSIS Please place a referral to the Land Use and Development Committee on the March 1, 2017 City Commission Agenda to consider amending the existing Faena Overlay Zone Ordinance to allow for approved works of art to be placed within setbacks. The Faena District, due to its nature as a unique arts district, provides an appropriate and welcoming location for creative works of art. Therefore, sculptures and artwork marked by great craftsmanship -such as the Tree of Life, currently placed in front of the Faena Forum -should be allowable encroachable elements on setbacks within this district. It should be noted that Certificates of Appropriateness form the Historic Preservation Board for future art installations would still be required. The amendment would only affect the need to request a specific variance with every art installation. A draft ordinance reflecting this change is included for consideration. If you have any questions please do not hesitate to call our office at ext. 6437. Legislative Tracking Commissioner John Elizabeth Aleman ATTACHMENTS: Description c Faena District Overlay Draft Ordinance Page 111 of 1 027 FAENA DISTRICT OVERLAY ORDINANCE NO. __ _ 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 Ill "OVERLAY DISTRICTS", DIVISION 10 "FAENA DISTRICT OVERLAY", TO ALLOW WORKS OF ART IN THE FAENA DISTRICT OVERLAY TO ENCROACH INTO THE REQUIRED YARDS SUBJECT TO COMPLIANCE WITH MINIMUM STANDARDS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City desires to encourage and allow properties within the Faena District Overlay to install and place works of art that are accessible to the public in outdoor locations; and WHEREAS, the City finds that it is not necessary or desirable for such works of art to be classified as a regular structure that would otherwise be subject to setback requirements applicable to structures; and WHEREAS, the City desires to allow such works of art to encroach into the required yards for structures subject to meeting minimum placement standards; WHEREAS, the amendment set forth below is necessary to accomplish all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 142, Article Ill entitled "Overlay Districts", Division 10 "Faena District Overlay" is hereby amended as follows: * * * DIVISION 10. FAENA DISTRICT OVERLAY Sec. 142-868. Definitions. For this Division, the following definitions shall apply: * * * 3. Works of art means the application of skill and taste to the production of tangible objects according to aesthetic principles, including but not limited to paintings, sculptures, engravings, carvings. frescos. mobiles, murals. collages. mosaics, statues, bas-reliefs, tapestries, photographs and drawings, or combinations thereof. Sec. 142-869. Compliance with regulations. The following overlay regulations shall apply to the Faena District Overlay. All development regulations in the underlying regulations shall apply, except as follows: { 40815805;1} Page 112 of 1 027 * * * ill Installation of a work of art. whether temporary or permanent. may be placed within any required yard of a property located within the Faena District Overlay subject to the following: i. It shall not be placed in or overhang above the public right-of-way unless a revocable permit is obtained pursuant to Chapter 82. Article Ill, Division 2. ii. It shall not encroach into the safe sight triangle as depicted in the City Public Works Manual. The 15-foot sides of the safe sight triangle shall be measured from the edges of pavement of the two intersecting roadways. iii. It shall not diminish the clear width of a sidewalk to less than five (5) feet. iv. It shall not diminish landscaping to a level that would make the landscaping nonconforming. v. It shall be subject to review and approval of a Certificate of Appropriateness by the Historic Preservation Board. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of _______ , 2017. MAYOR ATTEST: CITY CLERK (40815805;1} Page 113 of 1 027 First Reading: -------- Second Reading:------- Verified by:~-------­ Thomas Mooney, AICP Planning Director Underscore denotes new language Strikethrough denotes removed language {40815805;1} Page 114 of 1 027 City Attorney APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Date VERBAL REPORT I T E M E L E v E N Commission Committee Assignments • C4 L MIAMI BEACH CONWIISSION NENIORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Coi'I'Trissioner John Elizabeth Aleman DATE: March 1, 2017 SUBJECT: REFERRAL TO THE LAND USE & DEVELOPMENT COMMITTEE TO CONSIDER AN AMENDMENT TO THE ZONING CODE PERTAINING TO ACCESSORY USES WITHIN AN RM-3 DISTRICT. ANALYSIS Please include in the March 01, 2017 City Commission Agenda a referral to the Land Use & Development Committee to consider a discussion regarding allowable accessory uses for Apartment Buildings in the RM-3 Zoning District, as well as the following amendment (underlined and balded below) to Sec. 142-902 regarding permitted accessory uses in apartment buildings within the RM-3 district: Sec. 142-902. -Permitted accessory uses. The following are permitted accessory uses: *** (2) Apartment buildings may have accessory uses based upon the below criteria: *** e. Buildings in the RM-3 and R-PS4 districts may have: 1. Commercial, office, eating or drinking uses with access from the main lobby or from the street if they are either located on the ground floor, subterranean level or on the highest floor of a building. 2. A retail store and I or a cafe with less than 30 seats may occupy space on the amenity level of an apartment building located within a RM-3 district that js only open to residents and their gyests. 3. Office space, when originally constructed on the second level of an existing building may be retained or re-introduced. When located on the ground floor, office space shall be at least 50 feet from the front property line. For additional information, please feel free to reach out to my office at ext 6437. Page 121 of 1053 3 Legislative Tracking Commissioner John Elizabeth Aleman Page 122 of 1053 4 VERBAL REPORT I T E M T w E L v E Commission Committee Assignments -C4 M MIAMI BEACH CONMSSION NEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Corrmissioner Joy Malakoff DATE: March 1, 2017 SUBJECT: REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE OF A PROPOSED ORDINANCEAMENDING PARKING DISTRICT N0.1, PERTAINING TO THE PARKING REQUIREMENTS FOR CONTRIBUTING STRUCTURES IN HISTORIC DISTRICTS OR INDIVIDUALLY DESIGNATED HISTORIC SITES AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE II "DISTRICTS; REQUIREMENTS", TO ALLOW OFF- STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO.1 FOR USES THAT DO NOT HAVE REQUIRED PARKING AND FOR SUCH PROVIDED PARKING TO NOT COUNT TOWARDS THE CALCULATION OF THE FLOOR AREA RATIO; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ANALYSIS Please place on the Consent Agenda, a referral to the Land Use & Development Committee of a proposed Ordinance to modify the Land Development Regulations for Parking District Number 1. This Ordinance will allow properties, which are not required to provide parking for on- site uses, to provide the necessary operational parking, on-site, without that parking counting against the Floor Area Ratio (FAR). If you have any questions, please contact me at extension 6622. Thank you. JVWM LegislatiVe Tracking Commissioner Joy Malakoff Page 123 of 1053 5 ATTACHMENTS: Description c Ordinance Page 124 of 1053 6 PARKING DISTRICT NO. 1 ORDINANCE NO. __ _ 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 130, "OFF-STREET PARKING," ARTICLE II "DISTRIC1S; REQUIREMENTS", TO ALLOW OFF-STREET PARKING TO BE PROVIDED IN PARKING DISTRICT NO.1 FOR USES THAT DO NOT HAVE REQUIRED PARKING AND FOR SUCH PROVIDED PARKING TO NOT COUNT TOWARDS THE CALCULATION OF THE FLOOR AREA RATIO; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the North Beach area has a general shortage of available parking spaces; and WHEREAS, the City or Miami Beach promotes the renovation of structures to improve conditions of structures; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize such renovations of existing structures; and WHEREAS, the availability of parking in the North Beach area impacts residents and business owners alike; and WHEREAS, the City of Miami Beach is desirous of improving the parking conditions in the North Beach area, and the surrounding neighborhoods; and WHEREAS, the City of Miami Beach desires to allow properties, which are not required to provide parking for on-site uses, to provide the necessary operational parking, on-site, without that parking counting against the Floor Area Ratio (FAR); and 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 THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Chapter 130, Article IT entitled "Districts; Requirements", is hereby amended Page 125 of 1053 7 as follows: * * * Sec. 130-32. -Off-street parking requirements for parking district no. 1. Except as otherwise provided in these land development regulations, when any building or structure is erected or altered in parking district no. 1, accessory off-street parking spaces shall be provided for the building, structure or additional floor area as follows: (1) Adult booth, as defined in section 142-1271: One space per one adult booth. (2) Adult congregate living facility: One space per two beds. (2A) Alcoholic beverage establishment: One space per four seats and one space per 60 square feet of area not utilized for seating. (3) Alcoholic beverage establishment which permits partial nudity: One on-site space per three seats. (4) Amusement place, video arcade, dance hall, skating rink, auditorium or exhibition hall without fixed seats: One space per 60 feet of floor area available for seats where there is no seating. (5) Animal hospital: One space per 400 square feet of floor area. (6) Apartment building and apartment-hotel: a. Apartment buildings on lots that are 50 feet in width or less: 1.5 spaces per unit. b. Apartment buildings on lots wider than 50 feet: 1.5 spaces per unit for units between 550 and 999 square feet; 1.75 spaces per unit for units between 1,000 and 1,200 square feet; 2.0 spaces per unit for units above 1,200 square feet. c. Designated guest parking: Developments of 20 units or less shall have no designated guest parking requirements. Multi-family buildings and suites- hotels with more than 20 units shall be required to provide supplemental designated guest parking equal to ten percent of the required residential parking spaces. d. For existing apartment and apartment-hotel buildings, which are classified as "contributing11 are located within the Normandy Isles National Register District or the North Shore National Register District, and which are being substantially retained, preserved and restored, there shall be no parking requirement for the existing structure, and any addition up to a maximum of 2,500 square feet, whether attached or detached. The proposed addition Page 126 of 1053 8 to the existing structure shall be subject to the review and approval of the design review board or historic preservation board, whichever has jurisdiction, and shall include a renovation plan for the existing structure that is fully consistent with the secretary of the interior guidelines and standards for the rehabilitation of historic buildings. (6A) Housing for low and/or moderate income non-elderly and elderly persons. For purposes of this regulation, the following definitions shall apply: Elderly person shall be defined as a person who is at least 62 years of age. Non-elderly person is a person who is of legal age but less than 62 years of age. Elderly household means a one-or two-person household in which the head of the household or spouse is at least 62 years of age. Non-elderly household means a one-or two-person household in which the head of the household or spouse is of legal age but less than 62 years of age. Housing for the elderly shall not be construed as homes or institutions for the aged, which are primarily assisted living facilities, convalescent or nursing homes. Low income means households whose incomes do not exceed 50 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. Moderate income means households whose incomes are between 51 percent and 80 percent of the median income for the area as determined by the U.S. Department of Housing and Urban Development. Parking requirements for housing for low and/ or moderate income non-elderly and elderly persons: a. 0.5 parking space per dwelling unit for elderly housing. b. 1.00 parking space per dwelling unit of 800 square feet or less for non- elderly low and/ or moderate income housing. Units larger than 800 square feet shall meet the required parking as provided in (6)a., b., and c., as applicable. c. For the purposes of this section only, housing for low and/ or moderate income non-elderly and elderly persons shall be publicly owned or nonprofit sponsored and owned, or developed by for-profit organizations. d. The applicant shall submit written certification from the corresponding state or federal agency in charge of the program. Page 127 of 1053 9 e. Off-street parkin~ pursuant to this section, shall be permitted only after a finding by the planning director that, in view of the location of such housing and the economic status of anticipated occupants, the proposed parking will be adequate to serve proposed occupants, visitors and employees, including the proposed unit size and likelihood that the occupants will have a need for parking. f. A covenant running with the land restricting the use of the property for housing for low and/ or moderate income non-elderly and elderly persons for a period of no less than 30 years shall be executed by the owner of the property, approved as to form by the city attorney, recorded in the public records of the county and shall be submitted prior to the issuance of a building permit. The declarations within the covenant are not severable. If a subsequent judicial determination invalidates the age restriction in this section, or the covenant, the city shall not issue a certificate of use and occupancy for a new use until the property owner satisfies the then applicable parking requirements under this Code. The property owner may satisfy the parking requirements by actually providing the additional parking spaces or by reducing the number of residential units. However, a property owner shall not be able to satisfy the parking requirements by the payment of a fee in lieu of providing parking. At the time of development review, the property owner shall submit a statement of intent to construct housing for low and/ or moderate income non-elderly and elderly persons in accordance with this section. g. After approval of the decrease in parking spaces, the premises shall not be used other than as housing for the non-elderly and elderly persons unless and until any parking requirements and all other requirements or limitations of this Code for the district involved and applying to the new use shall have been met. (7) Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar places of assembly: One space per four seats or one space per 60 square feet of floor area available for seats. (8) Bar: One space per four seats and one space per 60 square feet of area not utilized for seating. (9) Bowling alley or pool room: One space for each alley or per billiard or pool table. (10) Bus station: One space per 60 square feet of floor area. (11) Cabana: One space per two cabanas. (12) Cafe, beachfront: Shall have no parking requirement. (13) Cafe, outdoor: One space per four seats. Page 128 of 1053 10 (14) Cafes, sidewalk: Shall have no parking requirement. (15) Church, synagogue or temple: One space per six seats or bench seating spaces in main auditorium. (16) College: One space per five seats in the main auditorium or one space per three seats per classroom, whichever is greater. (16A) Dance hall: One space per four seats and one space per 60 square feet of area not utilized for seating. (17) Dormitory: One space per two beds or one space per 150 square feet of floor area, whichever is greater. (17 A) Entertainment establishment: One space per four seats and one space per 60 square feet of area not utilized for seating. (18) Financial institutions: One space per 300 square feet of floor area. (19) Funeral home: One space per six seats or bench seating spaces in chambers and chapels. (20) Furniture store, hardware, machinery, equipment and automobile and boat sales and service: One space per 400 feet of floor area. (21) General service or repair establishment, printing, publishing, plumbing, heating, broadcasting: One space per 1,000 square feet of floor area. (22) Grocery stores, supermarket, fresh fruit, fish, meat, poultry: One space per 250 · square feet of floor area. (23) High school: One space per 12 seats in the main auditorium or one space per six seats in a classroom, whichever is greater. (24) HD hospital districts: The following parking regulations shall apply to structures situated iri the HD hospital district. The number of off-street parking spaces required for any structure shall be determined by the primary use of the structure in accordance with the requirements as follows: a. Hospital: 1112 spaces per hospital bed. b. Educational facility: One space per five seats in the main auditorium or one space per three seats per classroom, whichever is greater. c. Offices and clinics as identified in subsections 142-452(2)g and h: One space per 400 square feet of floor area. d. Hospital staff offices as identified in subsection 142-452(2)i: One space per 350 square feet of floor area. e. Research facility: One space per 1,000 square feet of floor area. f. When not listed above, the parking requirement for uses listed in this section shall apply. Page 129 of 1053 11 (25) Hotel, convention: For structures of less than 250 units, one space per unit; for structures with 250-499 units, 0.75 space per unit; for structures with 500 units or more, 0.50 space per unit. Required parking for convention hotel accessory uses shall be as follows: a. Retail: Required parking shall be computed at one space per 500 square feet, minus 7.5 square feet per unit. b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar places of assembly: Required parking shall be one space per seven seats or one space per 105 square feet of floor area where there is no seating, minus one seat or 15 square feet per unit. c. Restaurant or other establishment for consumption of food or beverages on the premises: Required parking shall be one space per seven seats or one space per 105 square feet of floor area where there is no seating, minus one seat or 15 square feet per two units. d. Required parking for all other uses shall be as set forth in this section. The zoning board of adjustment may grant a variance for the total amount of parking required for a hotel and related accessory uses by up to ten percent. (25A) CCC civic and convention center district: The followirtg parking regulations shall apply to structures situated in the CCC civic and convention center district. The number of off-street parking spaces required for any structure shall be determined by the primary use of the structure in accordance with the requirements as follows: i. Auditorium, convention hall or meeting rooms: One space per 1,000 square feet of floor area available for seats. ii. Hotel, convention: 0.4 spaces per unit. iii. When not listed above, the parking requirement for primary uses listed in this section shall apply. The city commission may waive the total amount of required parking for uses in the CCC district by up to 20 percent. (26) Hotel, suites hotel, motel, or motor lodge: 1 space per unit, except as follows: Properties located within a local historic district or National Register Historic District New floor area for hotel rooms, associated with .5 spaces per unit, up to a retaining, preserving and restoring a building or maximum of 100 units and 1 structure that is classified as "contributing" as of March space per unit for all units in Page 130 of 1053 12 13, 2013, as defined below excess of 100 units Other (e.g., new construction or substantial demolition 1 space per unit of contributing building) Properties bounded by 62nd Street on the south, 73rd .5 spaces per unit, up to a maximum of 100 units and 1 Street on the north, Indian Creek on the west and the space per unit for all units in Atlantic Ocean on the east excess of 100 units Properties located south of Fifth Street and properties zoned residential and located south of 17th Street, west 1 space per unit of Alton Court, east of Biscayne Bay and north of 6th Street Properties not listed above: Hotels, limited by covenant to no restaurants or pools .5 spaces per unit, up to a open to the public, no outdoor bar counters, maximum of 100 units and 1 entertainment or special events, and located in a space per unit for all units in commercial zoning district within 1,000 feet of the excess of 100 units, up to a boundary of an area that is (1) zoned CD-3 and (2) part maximum cap of 150 rooms of an historic district total Within 150 feet of a single-family district or RM-1 1 space per unit district, notwithstanding the above Other 1 space per unit ;adv=1;For purposes of this section, "retaining, preserving and restoring a building or structure that is classified as 'contributing11 ' means that the following portions of such building or structure must remain substantially intact: i. At least 75 percent of the front and street side facades; ii. At least 75 percent of the original first floor slab; iii. For structures that are set back two or more feet from interior side property line, at least 66 percent of the remaining interior side walls; and Page 131 of 1053 13 iv. All architecturally significant public interiors; or if approved by the historic preservation board, pursuant to section 118- 395(b )(2)d.2. In addition to the above, in order for any hotel to receive the reduced rate of .5 spaces per unit, a hotel guest shuttle service shall be provided and maintained, and a hotel employee parking plan is required, which shall be subject to the review and approval of the planning department. Such hotel employee parking plan shall include mandatory measures to address employee parking, including, but not limited to, provision of transit passes, carpool or vanpool . programs, off-site parking when available, monthly city parking passes, and/ or other measures intended to limit the impact of employee parking on surrounding neighborhoods. However, suites hotel units as defined in section 142-1104 that are greater than 550 square feet and that contain full cooking facilities on lots that are greater than 50 feet in width, shall have the same parking requirement as apartment buildings in [subsections] (6) b. and c. above. Required parking for hotel accessory uses shall be as follows: a. Retail-Required parking shall be computed at 1 space per 400 square feet, minus 7.5 square feet per unit. b. Auditorium, ballroom, convention hall, gymnasium, meeting rooms or other similar places of assembly-Required parking shall be 1 space per 4 seats or 1 space per 60 square feet of floor area where there is no seating, minus 1 seat or 15 square feet per unit. c. Restaurant or other establishment for consumption of food or beverages on the premises-Required parking shall be 1 space per 4 seats minus 1 seat for every 2 units. d. Required parking for all other uses shall be as set forth in this section. These parking requirements for hotel accessory uses are only applicable to structures that are being newly constructed or substantially rehabilitated as hotels. The zoning board of adjustment may grant a variance for the total amount of parking required for a hotel and related accessory uses by up to 20 percent. (27)Junior high, elementary or nursery school: 1 space per 15 seats in main assembly room plus 1 space per classroom. (28) Laundry: 1 space per 500 square feet of floor area. (29) Major cultural dormitory facility: 1 space per unit. Page 132 of 1053 14 (30) Manufacturing or industrial establishment, research or testing laboratory, creamery, bottling plant, wholesale, warehouse or similar establishment: 1 space per 1,000 square feet of floor area. (31) Marina: 1 space per 2 wet slips; 1 space per 10 slips in dry dock storage facility. (32) Reserved. (33) Nursing homes: 1 space for each 2 beds. (34) Office or office building: 1 space per 400 square feet of floor area; however, medical offices and clinics or offices located on the ground floor shall provide 1 space per 300 square feet. (35) Private clubs, country clubs, fraternities, sororities and lodges: 1 space per 250 square feet of floor area. (36) Restaurants or other establishment for consumption of food or beverages on the premises: 1 space per 4 seats; take out restaurant with no seats: 1 space per 300 square feet of floor area; take out restaurant and home delivery with no seats: 1 space per 200 square feet of floor area. Parking requirements for restaurants offering a combination of services shall be cumulative. Restaurants that have an occupational license for an alcoholic beverage establishment, dance hall or entertainment establishment shall meet the parking requirement indicated for those uses. (37) Retail store, coin laundry, dry cleaning receiving station, stock brokerage or personal service establishment: 1 space per 300 square feet of floor area. (38) Roominghouse, boardinghouse or lodginghouse: 1 space per hotel unit plus 2 spaces for the building. · (39) Single-family detached dwelling: 2 spaces. (40) Shopping center: 1 space per 300 square feet; however, the parking requirements for eating and drinking uses shall be as established under subsection (32) of this section. (41) Theatre: 1 space per 4 seats. (42) Telephone exchanges or equipment buildings: 1 space per 1,500 square feet of floor area. (43) Townhouse: 2 spaces for each unit plus 1 designated guest space per 5 units. (44) Any contributing building located within a local historic district, or individually designated historic site, which is erected or altered in parking district no. 1, may provide parking on the site for any use listed in subsections 2(A), 6,7,8,9, 11, 12, 13, 16(A), 17, 17 (A), 22 26, 28, 31, 36, 37, and 41, above. Such parking, if provided, shall be exempt from FAR, in accordance with the regulations specified in Chapter 114 of these land development regulations. Page 133 of 1053 15 Any such parking shall be for the exclusive use of the contributing building or designated site and shall not be in excess of the parking required under the provisions of paragraphs 2(A), 6,7,8,9, 11, 12, 13, 16(A), 17, 17 (A), 22 26, 28, 31, 36, 37, and 41, above. (Ord. No. 89-2665, § 7-2(A), eff.10-1-89; Ord. No. 90-2684, eff. 3-3-90; Ord. No. 90- 2685, eff. 3-3-90; Ord. No. 90-2718, ef£.11-6-90; Ord. No. 91-2767, ef£.11-2-91; Ord. No. 92-2778, eff. 3-28-92; Ord. No. 93-2882, eff.10-1-93; Ord. No. 94-2934, eff. 8-7-94; Ord. No. 98-3108, § 5(A), 1-21-98; Ord. No. 99-3222, § 3, 12-15-99; Ord. No. 2003- 3410, § 1, 5-21-03; Ord. No. 2006-3503, § 2, 2-8-06; Ord. No. 2007-3567, § 1, 9-5-07; Ord. No. 2011-3744, § 1, 10-19-11; Ord. No. 2013-3795, § 1, 3-13-13; Ord. No. 2014- 3878, § 1, 6-11-14; Ord. No. 2015-3919, § 1, 1-14-15) SECTION 2. REPEALER. All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECfiON 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECfiON 4. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section", "article", or other appropriate word. SECfiON 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this __ day of ____ 2017. Mayor Philip Levine Page 134 of 1053 16 ATTEST: Rafael Granado, City Clerk First Reading/Transmittal: ___, 2017 Second Reading/ Adoption: ___, 2017 Verified By: ---------- Thomas R. Mooney, AICP Planning Director Underline = new language Stfii<ethroagh = deleted language Page 135 of 1053 17 APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION Raul Aguila, City Attorney Date