2014-3876 Ordinance i
BELOW GRADE FLOOR-AREA
ORDINANCE NO: 2014-3876
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 114,
"GENERAL PROVISIONS," BY AMENDING THE DEFINITION OF
FLOOR AREA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the City Code provides for the regulation of Floor Area, including
definitions and exclusions; and
WHEREAS, the City desires to more accurately measure the scale and massing
of development; and
WHEREAS, it is appropriate to update the definitions in the Land Development
Regulations; and
WHEREAS, changing the definitions is in the best interest of the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 114, "General Provisions," is hereby amended as
follows:
Sec. 114-1. Definition.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Floor area means the sum of the gross horizontal areas of the floors of a building or
buildings, measured from the exterior faces of exterior walls or from the exterior face of
an architectural projection, from the centerline of walls separating two attached
buildings. However, the floor area of a building shall not include the following unless
otherwise provided for in these land development regulations.
(1) Accessory water tanks or cooling towers.
(2) Uncovered steps.
(3) Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Terraces, breezeways, or open porches.
(5) Floor space used for required accessory off-street parking spaces. However, up to a
maximum of two spaces per residential unit may be provided without being included in
the calculation of the floor area ratio.
(6) Commercial parking garages and noncommercial parking garages when such
structures are the main use on a site.
(7) Mechanical equipment rooms located above main roof deck.
(8) Exterior unenclosed private balconies.
(9) Floor area located below grade when the top of the slab of the ceiling is located at or
below grade.; However, if any portion of the top of the slab of the ceiling is
above grade, one half Gf the floor area that is below grade shall be included in the floor
area ratio calculation.
(10) Enclosed garbage rooms, enclosed within the building on the ground floor level.
Volumetric buildings, used for storage, where there are no interior floors, the floor area
shall be calculated as if there was a floor for every eight feet of height.
When transfer of development rights are involved, see chapter 118, article V for
additional regulations that address floor area.
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 renumbered or relettered 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 7Une- , 2014.
��. •'''''•.... MAYOR
ATTEST:
CITY 4LERK =:INCORP ORATED'
=.• e APPROVED AS TO
;�. / ••�� FORM AND LANGUAGE
& FOR EXECUTION
City Attorney Date
First Reading: May 21, 2014
Second Reading: J ne 11, 201
Verified by:
Thomas R. o ey, AICP
Acting Planning Director
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2of2
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modify the definition of floor area.
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 Summa /Recommendation:
SECOND READING—PUBLIC HEARING
The proposed Ordinance would modify the definition of floor area, by modifying the exemptions
allowed for floor area located below grade, by requiring that if any portion of the top of the slab of the
ceiling is above grade, the floor area that is below grade shall be included in the floor area ratio
calculation.
On May 21, 2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for June 11, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
March 25, 2014, the Planning Board recommended approval of the subject Ordinance by a vote
[ofn
5to0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
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 ity Manager
or
T:\AGENDA\2014\June\Below Grade Floor Area-SUM 2nd Read.docx
AGENDA ITEM Rs�
&AIAMI BEACH
� FATE
_ 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 the City ommission
FROM: Jimmy L. Morales, City Manager
DATE: June 11, 2014 SE OND READING—PUBLIC HEARING
SUBJECT: Below Grade Floor Area
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 114,
"GENERAL PROVISIONS," BY AMENDING THE DEFINITION OF
FLOOR AREA; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On December 11, 2013, the City Commission referred the item to the Planning Board.
Section 114-1 of the Land Development Regulations of the City Code currently defines
floor area as the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an
architectural projection, from the centerline of walls separating two attached buildings.
This is an important concept, as it is then used to determine floor area ratio (FAR), which
governs how much floor area is permitted for a development, and which controls how
much mass and bulk proposed new buildings may contain.
The Code's definition for floor area of a building contains certain specified exemptions,
such as enclosed garbage rooms, mechanical equipment rooms located on the roof,
water tanks or cooling towers, uncovered steps, attic spaces, terraces, breezeways, or
open porches, exterior unenclosed private balconies and required parking areas.
Another exemption from the definition in this section is for "floor area located below
grade." This means that if an area is completely underground, it does not count towards
floor area. This section continues, "if the ceiling is above grade, one-half of the floor
area that is below grade shall be included in the floor area ratio calculation."
ANALYSIS
Several recently approved projects have been permitted where the first floor slab is only
a few inches below grade elevation, which is defined as the city sidewalk elevation at the
centerline of the property. The code currently allows '/2 of the entire floor area to be
exempted from the floor area ratio (F.A.R.) calculations regardless of how far below
grade the floor slab is located. The result is that although 99% of the mass of the first
floor may be above grade, only 50% is counted towards the F.A.R. of the building.
Commission Memorandum
Below Grade Floor Area
June 11, 2014 Page 2 of 2
The current language of the Code does not clearly define how far below grade a floor
must be to qualify for the `one-half' exception. Furthermore, the full exception does not
clearly state the floor must be completely below grade to exclude the entire floor area,
which is the intent of the exception.
In light of the significant challenges that the City faces regarding sea level rise, flooding
and water retention, staff has concluded that it no longer makes sense to encourage or
incentivize the construction of floor area below grade. Therefore, the Administration
recommends that the proposed ordinance eliminate any benefit or bonus for those
portions of a structure proposed to be located partially below grade.
PLANNING BOARD REVIEW
On March 25, 2014, the Planning Board recommended approval of the subject
Ordinance by a vote of 5 to 0.
The Board also discussed the possibility of allowing floors located partially below grade
to receive some form of credit, whereby in order to qualify for a 50% discount of floor
area, the finished floor must be located at least four feet (4') below grade. However the
Board adopted the Ordinance as drafted without the inclusion of this 50% discount.
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
When a first floor slab is located below grade, the code currently allows '/2 of the entire
floor area to be exempted from the floor area ratio (F.A.R.) calculations regardless of
how far below grade the floor slab is located. This is problematic considering the
significant challenges that the City faces regarding sea level rise because it actually
encourages retail development on the ground floor of buildings to be placed a few inches
below grade in order to gain this "FAR bonus". The proposed Ordinance would eliminate
any benefit or bonus for those portions of a structure proposed to be located partially
below grade.
The subject Ordinance was approved at First Reading on May 21, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB
T:\AGENDA\2014\June\Below Grade Floor Area-MEM 2nd Read.docx
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