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2014-3857 Ordinance RM-2 Oceanfront Height Regulations ORDINANCE NO. 2014-3857 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,99 ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-217, "AREA REQUIREMENTS," REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the North Beach area of the City has lagged behind other areas of the City in economic redevelopment; and WHEREAS, the Mayor and City Commission desire to encourage innovative and compatible redevelopment in the North Beach area; NOW THEREFO RE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II, "Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142- , 217, "Area Requirements," 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 Unit Average Unit Maximum Maximum Lot Area Lot Width Size (Square Size (Square Building Number of (Square (Feet) Feet) Feet) Height (Feet) Stories Feet 7,000 50 New New Historic Historic construction— construction— district-50 district-5 550 800 (except as (except as Non-elderly Non-elderly provided in provided in and elderly and elderly section 142- section 142- low and low and 1161 1161 moderate moderate Area Area income income bounded by bounded by housing: See housing: See Indian Creek Indian Creek Section 142- Section 142- Dr., Collins Dr., Collins 1183 1183 Ave., 26th Ave., 26th Rehabilitated Rehabilitated St., and 44th St., and 44th buildings— buildings— St.-75 St.-8 400 550 Area fronting Area fronting Hotel unit: Hotel units— west side of west side of 15%: 300— N/A Collins Ave. Collins Ave. 335 btwn. 76th btwn. 76th 85%: 335+ St. and 79th St. and 79th St.-75 St.-8 Otherwise— Otherwise- 60 6 Lots fronting Lots fronting Biscayne Biscayne Bay less Bay less than 45,000 than 45,000 sq. ft.-100 sq. ft.-11 Lots fronting Lots fronting Biscayne Biscayne Bay over Bay , over 45,000 sq. 45,000 sq. ft.-140 ft.-15 Lots fronting Lots fronting Atlantic Atlantic Ocean over Ocean over 100,000 sq. 100,000 sq. ft.-140 ft.-15 Lots fronting Lots fronting Atlantic Atlantic Ocean with a Ocean with a property line property line within 250 within 250 feet of North feet of North Shore Open Shore Open Space Park Space Park Boundary -- Boundary -- 200 21 SECTION 2. 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 renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 3. 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 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. 2 PASSED and ADOPTED this day of Aare ! , 20-N MAYOR ATTEST: CITY CLERK A OVED AS TO FORM AND LANGUAGE FOR EXECUTION / ty ttorney Date First Reading: March 5, 2014 �✓ Second Reading: April 2 201 Verified by: Thomas Mooney, P f, Acting Planning Director �,`����••• / Underscore denotes new language TAAGENDA\2014\Apri1\RM2 Oceanfront Heights-ORD 2nd Read.docx INCORn 0RATCD �a r' 3 COMMISSION ITEM SUMMARY Condensed Title: Second Reading to consider an Ordinance Amendment to modify the maximum height requirements for oceanfront properties within RM-2 zoning districts. Key Intended Outcome Supported: Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is"about the right amount." Item Summary/Recommendation: SECOND READING PUBLIC HEARING The proposed Ordinance would modify the maximum height requirements for oceanfront properties within RM-2 zoning districts, located within 250 feet of North Shore Open Space Park. On March 5, 2014, the City Commission approved the Ordinance at First Reading and scheduled a Second Reading Public Hearing for April 23, 2014. The Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 7 to 0. Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total i Financial Impact Summary: In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long-term economic impact (at least 5 years) of this proposed legislative action, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Thomas Mooney Sign-Offs: Department Director Assistant City Manager City Manager TAAGENDA\2014Wpri1\RM2 Oceanfront Heights-SUM 2nd Read.docx i Agenda Item R 5 R -- MIAMMEACH Date y-30-J4 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members o the City C mmission FROM: Jimmy L. Morales, City Manager DATE: April 30, 2014 S OND READING PUBLIC HEARING SUBJECT: RM-2 Oceanfront Heights AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,91 ARTICLE II, "DISTRICT REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS" BY AMENDING SECTION 142-217 REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. BACKGROUND On January 15t", 2014, the City Commission referred a proposed Ordinance directly to the Planning Board, regarding the creation of a new height category in the Residential Multifamily, Medium Intensity (RM-2) Zoning district for Oceanfront lots located within 150 feet of the North Shore Open Space Park. A proposal has been put forward to redevelop the site located at 8701 Collins Avenue, where the existing Dezerland (formerly the Biltmore Terrace) Hotel currently stands. The proposed redevelopment of the site would include the construction of a 200 foot tall residential building, pedestrian promenade, and street enhancements located on the northerly portion of the property. ANALYSIS The proposed Ordinance amendment would permit all lots in the RM-2 district fronting the Atlantic Ocean and within 250 feet of the North Shore Open Space Park Boundary, a maximum allowable height of up to 21 stories or 200 feet. The subject property located at 8701 Collins Avenue is currently zoned RM-2. This area comprises one of only two RM-2 zoning districts fronting the Atlantic Ocean. The radius from the park boundary line was increased from the Commission's initial recommendation of 150 feet to 250 feet in order to ensure that all portions of the oceanfront lots in the RM-2 district would be included under the purview of this Ordinance amendment. Commission Memorandum Ordinance:RM-2 Oceanfront Heights April 23, 2014 Page 2 of 2 The existing 220 room, Biltmore Terrace Hotel and associated commercial units are allowable uses within the RM-2 district. Pursuant to Section 142-217 of the City Code, the maximum height limit for the subject property is 6 stories or 60 feet. The height of the existing building on the site is legally non-conforming at 118'-9", according to the plans submitted. The owners of the property plan to retain the existing Biltmore Terrace Hotel as is, in its present location, but are interested in constructing an 18 story, 200 ft tall residential development with an adjoining pedestrian promenade and garden along the northerly portion of the property. The proposal to increase the maximum building height to 21 stories or 200 feet would be comparable to the maximum permitted heights found within existing residential multi- family districts that front the Atlantic Ocean. The nearest RM-3 zone is located south of 72nd Street, and the closest Oceanfront multi-family properties are located in the neighboring City of Surfside. The proposed increase in height would allow more flexibility in the design of a new residential project that would address the needs and concerns of the North Beach community, while preserving the existing hotel. Additionally, any and all new development found under the purview of this ordinance amendment must still comply with the applicable portions of the City Code that regulate floor area and setback requirements in the RM-2 district, which include a floor area ratio (FAR) limitation of 2.0. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File No. 2165), and recommended approval by a vote of 7 to 0. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is not expected to have any tangible fiscal impact. SUMMARY The subject Ordinance was approved at First Reading on March 5, 2014. CONCLUSION The Administration recommends that the City Commission adopt the subject Ordinance. JLM/JMJlTRM TAAGENDA\2014\Apri1\RM2 Oceanfront Heights-MEM 2nd Read.docx