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97-3097 ORD ORDINANCE NO. 97-3097 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING . SECTION 3, ENTITLED "DEFINITIONS", AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED" BY MODIFYING THE DEFINITIONS OF "MEZZANINE" AND "STORY"; AND, BY AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-2, ENTITLED "RM-1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY", SUBSECTION 6-2.1, ENTITLED "RM-PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT", SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI F AWL Y, MEDIUM INTENSITY", SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI F AMIL Y, HIGH INTENSITY", SUBSECTION 6-6, ENTITLED "CD-l COMMERCIAL, LOW INTENSITY", SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY", SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY", SUBSECTION 6-10, ENTITLED "CCC CIVIC, CONVENTION CENTER DISTRICT", SUBSECTION 6-11, ENTITLED "GC GOLF COURSE DISTRICT", SUBSECTION 6-13, ENTITLED "lID HOSPITAL DISTRICT", SUBSECTION 6-14, ENTITLED "1-1 LIGHT INDUSTRIAL DISTRICT", SUBSECTION 6-15, ENTITLED "MR MARINE RECREATION DISTRICT", SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT", SUBSECTION 6-17, ENTITLED "RO RESIDENTIAL/OFFICE DISTRICT", SUBSECTION 6-19, ENTITLED "WD-1 WATERWAY DISTRICT" AND SUBSECTION 6-20, ENTITLED "WD-2 W A TERW A Y DISTRICT", BY CREATING MAXIMUM HEIGHT RESTRICTIONS (AND INCLUDING HISTORIC DISTRICTS WITH RESPECT TO THE RM-l ZONING DISTRICT), AND/OR CREATING MAXIMUM NUMBER OF STORIES; AND, BY AMENDING SUBSECTION 6-1, ENTITLED "RS-I, RS-2, RS-3, RS-4 SINGLE FAWLY RESIDENTIAL DISTRICTS" AND SUBSECTION 6-18, "TH TOWNHOME RESIDENTIAL DISTRICT", BY MODIFYING THE EXISTING MAXIMUM HEIGHT RESTRICTIONS AND CREATING A MAXIMUM NUMBER OF STORIES; AND, BY AMENDING SUBSECTION 20, ENTITLED "PS PERFORMANCE STANDARD DISTRICTS" AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE STANDARD REGULATIONS", AMENDING SUBSECTIONS 20-4, (B), (D) AND (G) BY CREATING MAXIMUM HEIGHT RESTRICTIONS AND/OR CREATING MAXIMUM NUMBER OF STORIES, IN ALL PERFORMANCE STANDARD DISTRICTS, DESCRIBED AS: R-PS1, ENTITLED "RESIDENTIAL MEDIUM - LOW DENSITY", R-PS2, ENTITLED "RESIDENTIAL MEDIUM DENSITY", R-PS3, ENTITLED "RESIDENTIAL MEDIUM HIGH DENSITY", R-PS4, ENTITLED" RESIDENTIAL HIGH DENSITY", C-PSI, ENTITLED "COMMERCIAL LIMITED MIXED-USE COMMERCIAL", C-PS2, ENTITLED "COMMERCIAL GENERAL MIXED-USE COMMERCIAL", C-PS3, ENTITLED "COMMERCIAL INTENSIVE MIXED-USE COMMERCIAL", C-PS4, ENTITLED "COMMERCIAL INTENSIVE MIXED-USE PHASED BAYSIDE COMMERCIAL" AND RM-PS1, ENTITLED "RESIDENTIAL LIMITED MIXED USE"; AND, BY PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Mayor and eity eommission of the eity of Miami Beach, Florida have determined that the Ad Hoc Design Guidelines and Development Regulations Committee 1 recommend changes relative to development regulations to ensure that new and future development is in the best interest of the eity; and, WHEREAS, the Design Guidelines and Development Regulations eommittee has determined that creating height restrictions for those zoning districts without any height control is necessary to ensure that new development is compatible and in scale with the built environment of the eity; and, WHEREAS, the amendments set forth below are necessary to ensure all of the above objectives. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND eITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Subsection 3-2, entitled "Terms Defined" of Section 3, entitled "Definitions" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby modified as follows: 3-2 TERMS DEFINED * * * 136. MEZZANINE: An intermediate floor in any story or room. When the total with Floor Area of any such mezzanine floor exceeds not exeeceiing one-third the total Floor Area in that room or story in which the mezzanine occurs. it shall be considered as constituting an additional story. The ana vtith clear height above or below the mezzanine floor construction shall be not less than seven feet. * * * 200. STORY: That portion of a Building, 6t:h.er than a. ba.scmcftt 6r Mcufl:f'l:ine,inc1uded between the surface of any floor and the surface of the floor next above it; or if there be no floor next above it, then the space between such floor and the ceiling next above it. A basement shall be counted as a story if its ceiling is equal to or greater than four feet above Grade. * * * SECTION 2. That Subsection 6-1, entitled "RS-l, RS-2, RS-3, RS-4 Single Family Residential Districts" and Subsection 6-2, entitled "RM-1 Residential Multi Family, Low Intensity" and Subsection 6-2.1, entitled "RM-PRD Multi Family, Planned Residential Development" and Subsection 6-3, entitled "RM-2 Residential Multi Family, Medium Intensity" and Subsection 6-4, entitled "RM-3 Residential Multi Family, High Intensity" and Subsection 6-6, entitled "eD-l eommercial, Low Intensity" and Subsection 6-7, entitled "eD-2 eommercial, Medium Intensity" and Subsection 6-8, entitled "eD-3 eommercial, High Intensity" and Subsection 6-10, entitled "eee eivic and Convention Center District" and Subsection 6-11, entitled "GC Golf Course District" and 2 Subsection 6-13, entitled "HD Hospital District" and Subsection 6-14, entitled "1-1 Light Industrial District" and Subsection 6-15, entitled "MR Marine Recreation District" and Subsection 6-16, entitled "MXE Mixed Use Entertainment District" and Subsection 6-17, entitled "RO Residential/Office District" and Subsection 6-18, "TH T ownhome Residential District" and Subsection 6-19, entitled "WD-l Waterway District" and Subsection 6-20, entitled "WD-2 Waterway District" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida are hereby modified as follows: 6-1 RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS. * * * B. Development Regulations * * * 2. Min. Lot Area 3. Min. Lot Width 4. Min. Unit Size S. Max Bldg. Height 6. Max. No. of Stories (sq. ft.) (feet) (sq. ft.) (feet) RS-1= 30,000 RS-1 = 100 1,800 ;;- 1 RS-2= 18,000 RS-2 = 75 25 or 50% of lot width. RS-3= 10,000 RS-3 = 60 whichever is greater. UP RS-4= 6,000 RS-4 = 50 to a max. of 33 Except those lots fronting on a cul-de-sac or circular Street as defined in Lot Width. * * * 6-2 RM-l RESIDENTIAL MULTI FAMILY, LOW INTENSITY. * * * B. Development Regulations * * * 3. Min. Lot Area 4. Min. Lot Width S. Min. Unit Size 6. Avg. Unit Size 7. Max. Bldg. 8. Max. No. of (sq. ft.) (feet) (sq. ft.) (sq. ft.) Height Stories (feet) 5,600 50 New Construction - New Construction - ,\relliteettmll Historic District - 4 550 800 Historic District - 40 otherwise - 5 Rehabilitated Rehabilitated Buildings - Buildings - otherwise - 50 400 550 " j * * * 6-2.1 RM-PRD MULTI F AMIL Y, PLANNED RESIDENTIAL DEVELOPMENT. * * * B. Development Regulations * * * 1. Base FAR 2. Max. FAR 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. 8. Max. No. w/ Bonus Area Width Size Size Bldg. Height of Stories (acres) (feet) (sq.ft.) (sq.ft.) (feet) 1.6 2.0 1 0 acres N/A New New 120 ft. 11 Construction Construction -750 - 1000 * * * 6-3 RM-2 RESIDENTIAL MULTI F AMIL Y. MEDIUM INTENSITY. * * * B. Development Regulations * * * 3. Min. Lot Area 4. Min. Lot Width 5. Min. Unit Size 6. Avg. Unit Size 7. Max. Bldg. 8. Max. No. of (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height Stories (feet) 7,000 50 New Construction - New Construction - Nette Historic District - 5 550 800 Historic District - 50 otherwise - 11: for Rehabilitated Rehabilitated lots outside a Buildings- 400 Buildings- 550 otherwise - 100: Historic District for lots outside a and over 45.000 Hotel Unit 15%: Hotel Units - Historic District sa. ft. - 15 300-335 N/A and over 45.000 85%: sa. ft. - 140 335+ * * * 4 6-4 RM-3 RESIDENTIAL MULTI F AMIL Y, HIGH INTENSITY. * * * B. Development Regulations * * * 3. Min. Lot Area 4.Min. Lot Width 5. Min. Unit Size 6. A vg. Unit Size 7. Max. Bldg. Height 8. Max. No. of (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet) Stories 7,000 50 New Construction - New Construction l'ffifte 27 550 - 800 250 Lots over 100.000 Rehabilitated Rehabilitated Lots over] 00.000 SQ. SQ. ft - 33 Buildings - 400 Buildings - 550 ft - 300 Oceanfront Lots Hotel Unit 15%: Hotel Units N/A Oceanfront Lots over over 200.000 sa. 300-335 200.000 sa. ft. - 400 ft. - 44 85%: 335+ * * * 6-6 CD-l COMMEReIAL, LOW INTENSITY * * * B. Development Regulations 1. Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot 5.Min. Apt. 6. Avg. Apt 7. Max. 8. Max. No. with bonus Area Width Unit Size Unit Size Bldg of Stories (See Sec. 6- (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height 24) (feet) 0.5 1.0 Comm. - Comm. - Comm. - N/ A Comm. - N/A 40 i none none New New Res. - 5,600 Res. - 50 Construction- Construction- 550 800 Rehabilitated Rehabilitated Buildings - Buildings - 400 550 Hotel Unit Hotel Units- 15%: 300- N/A 335 85%: 335+ * * * 5 6-7 CD-2 COMMEReIAL, MEDIUM INTENSITY * * * B. Development Regulations l. Base 2.Max. FAR 3. Min. Lot 4Min. Lot 5.Min. Apt. 6.Avg. Apt. 7. Max. 8. Max. No. FAR with bonus Area Width Unit Size Unit Size Bldg. of Stories (See Sec. 6- (sq. ft.) (feet) (sq. ft.) (sq. ft.) Height 24) (feet) 1.0 2.0 Comm. - Comm. - Comm. - N/A Comm. - N/A N6tle !:gg! none none Historic Historic Residential Residential New New District - 50 District - 5 and and Apart- Res. - 7,000 Res. - 50 Construction Construction Apartment! ment/HoteI - 550 - 800 otherwise - otherwise - Hotel Development 75 ~ Development shall follow Rehabilitated Rehabilitated -1.5 the FAR bonus Buildings - Buildings - methodology 400 550 as set forth in Section 6-3- Hotel Unit Hotel Units - ,B.2.a 15%: 300- N/A 335 85%: 335+ * * * 6-8 eD-3 eOMMEReIAL, HIGH INTENSITY * * * B. Development Regulations * * * 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg. 8. Max. No. of Area Width Size Size Height Stories (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet) Commercial - none Commercial - none Commercial - N/ A Commercial - Architectural Architectural New Construction - N/A District west of District west of Residential - 7,000 Residential - 50 550 New Construction Collins Avenue and Collins Avenue Rehabilitated Bldgs - 800 east of Park A venue and east of Park - 400 Rehabilitated between 20th Street A venue between Hotel Unit Bldgs - 550 and 24th Street - 50. 20th Street and 15%: 300-335 Hotel Units - OHleF.. iJe, 1I1llle. 24th Street - 5. 85%: 335+ N/A All other areas - All other areas - 1 I ~IOO Oceanfront Lots - Oceanfront Lots - 27. if over 100.000 250. if over 100.000 SQ. ft - 33: if over SQ. ft - 300: if over 200.000 SQ. ft. - 44 200.000 SQ. ft. - 400: for lots fronting on Lincoln Road the first 25 feet of Lot Deoth shall have a limit of 50 feet after which the height limit shall be as orescribed above. 6 * * * 6-10 CCC eIVIC AND CONVENTION eENTER DISTRIeT. * * * B. Development Regulations * * * 3. Min. Lot 4. Min. Lot 5. Min. Unit 6. Avg. Unit 7. Max. Bldg. 8. Max. No. of Area Width Size Size Height ~ (sq. ft.) (feet) (sq.ft.) (sq. ft.) (feet) N/A N/A N/A N/A WA 11 100 * * * 6-11 GC GOLF eOURSE DISTRICT. * * * B. Development Regulations l.Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot 5.Min. Apt. 6.A vg. Apt. 7. Max. 8. Max. No. with bonus Area Width Unit Size Unit Size Bldg. of Stories (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height (feet) N/A N/A N/A N/A N/A N/A WA J. 33 * * * 6-13 HD HOSPITAL DISTRICT. * * * C. Minimum Yards and Height Requirements L Minimum Yards 7 Hospital Front Rear Side +:-a. St. Francis 25' 40' IS' ~b. Mt. Sinai 25' 40' IS' ~. South Shore 20' 20' IS' ~. Heart Institute 20' 20' IS' -5:e. The enlargement of existing HD Hospital Districts and the establishment of new HD Hospital Districts with their respective Yard setbacks shall be subject to City Commission approval. 2. Height Restrictions There shall be a maximum Building Height of 150 feet for anv Building located in the HD District. However. any Building within 500 feet of a single family or multi-family district shall have a maximum Building Height of 100 feet. For those Buildings located within a Historic District the maximum Building Height shall be fifty (50) feet. * * * 6-14 1-1 LIGHT INDUSTRIAL DISTRICT. * * * B. Development Regulations 1. Base 2\1ax. FAR 3Min. Lot 4Min. Lot 5Min. Apt. 6Avg. Apt 7. Max. 8. Max. No. FAR with bonus Area Width Unit Size Unit Size Bldg of Stories (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height (feet) 1.0 N/A None None N/A N/A l'ffifle 1 40 * * * 8 6-15 MR MARlNE RECREATION DISTRICT. B. Development Regulations 1. Base :Max. FAR 3.Min. Lot 4.Min. Lot 5Min. Apt. 6Avg. Apt 7. Max. 8. Max. No. FAR with bonus Area Width Unit Size Unit Size Bldg of Stories (See Sec. 6- (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height 24) (feet) (\ "5 0.75 N/A N/A N/A N/A 40 ~ * * * 6-16 MXE MIXED USE ENTERTAINMENT DISTRIeT. * * * B. Development Regulations 1. Base FAR 2Max. FAR 3 Min. Lot 4.Min. 5. Min. Apt. 6. Avg. Apt 7. Max. 8. Max. No. with bonus Area Lot Width Unit Size Unit Size Bldg of Stories (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height (feet) All uses - 1.5 All uses - 3.0 N/A N/A Existing Existing Architectural Architectural Structures: Structures: District: District: Except Except Apt Units - 400 Apt Units - Oceanfront - Oceanfront - Convention Convention Hotel Units - in a 550 150 1Q Hotel Hotel Local Historic Dis- Hotel Units - Non-oceanfrt Non-oceanfrt Development Development trict/Site - 200, N/A - 50 :2.. (as set forth (as set forth otherwise All other in Section 6- in Section 6- 15%: 300-335 New Ocean Drivel areas - 8 23) - 1.75 23) - 3.50. 85%: 335+ construction: Collins Apt Units - Avenue New 800 Historic construction: Hotel Units - District- See Apt Units - 550 N/A Section 6- Hotel Units - 16.E. 15%: 300 - 335 85%: 335+ All other areas - 75 * * * E. The maximum height permitted for non-oceanfront Buildings in the Ocean Drive/eollins A venue Local Historic District is 50 feet. However, existing non- oceanfront Buildings located between 5th and 15th Streets in this district shall only be pennitted to have habitable one-story rooftop additions, with a maximum floor to ceiling height of 12 feet. For properties fronting on eollins Avenue, the additions shall not be visible when viewed at eye level (5'-6" from Grade) from the opposite side of the adjacent right-of-way; for corner properties, said additions shall also not be visible when viewed at eye level from the diagonal comer at the opposite side of the right-of-way and 9 from the opposite side of the side street right-of-way. For properties fronting on Ocean Drive, the above mentioned additions shall not be visible when viewed at eye level from a point 140 feet east of the front property line; for comer properties, said additions shall not be visible when viewed at eye level from the opposite side of the side street right-of- way. Placement and manner of attachment of additions (including those which are adjacent to existing structures) are subject to Joint Design ReviewIHistoric Preservation board approval. No Variance from this provision shall be granted. * * * 6-17 RO RESIDENTIAL/OFFICE DISTRICT. * * * B. Development Regulations 1. Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot 5.Min. Apt. 6. Avg. Apt 7. Max. 8. Max. No. with bonus Area Width Unit Size Unit Size Bldg of Stories (See Sec. 6- (sq. ft.) (feet) (sq.ft.) (sq. ft.) Height 24) (feet) .75 1.25 Res. - 6,000 Res. - 50 Single Family Single Family 33 1 - 1,800 -N/A Off. - none Off. - none Multi Family Multi Family - 550 - 800 Off. = N/A Off. = N/A * * * 6-18 TH TOWNHOME RESIDENTIAL DISTRICT. * * * B. Development Regulations 1. Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot 5.Min. Apt. 6. Avg. Apt 7. Max. 8. Max. No. with bon us Area Width Unit Size Unit Size Bldg of Stories (See Sec. 6- (sq. ft.) (feet) (sq. ft.) (sq. ft.) Height 24) (feet) I 0.7 I 1.2 I 5,000 I 50 I 900 I 1,100 I ~ I i I 40 * * * 10 6-19 WD-l WATERWAY DISTRIeT. * * * B. Development Regulations 1. Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot ~Iax. Floor. 61'lax. No. of 7. Max. 8. Max. No. with bonus Area Width Area of Bldgs. per Bldg of Stories (sq. ft.) (feet) Bldg. site Height (sq.ft.) (feet) N/A N/A N/A N/A 40 1 12 - must use 1 pitched roof * * * 6-20 WD-2 WATERWAY DISTRICT. * * * B. Development Regulations 1. Base FAR 2Max. FAR 3. Min. Lot 4. Min. Lot S.Min. Apt. 6. A vg. Apt 7Max. Bldg 8. Max. No. with bonus Area Width Unit Size Unit Size Height of Stories (See Sec. 6- (sq. ft.) (feet) (sq. ft.) (sq. ft.) (feet) 24) .01 .50 N/A N/A N/A N/A 15 1 * * * SECTION 3. That Subsection 20-4, entitled "Performance Standard Regulations" of Section 20, entitled "PS Performance Standard District" of Zoning Ordinance 89-2665 of the eity of Miami Beach, Florida is hereby modified as follows: 20-4 PERFORMANeE STANDARD REGULA nONS * * * 11 B. Table of Residential Performance Standards Residential Subdistricts I Performance Standard R-PSI R-PS2 R-PS3 R-PS4 1. Minimum Lot Area 5,750 sq. ft. 5,750 sq. ft. 5.750 sq. ft. 5,750 sq. ft. 2. Minimum Lot Width 50 ft 50 ft 50 ft 50 ft 3. Required Open Space Ratio .60, See Sec 20-4,1 .65, See Sec 20-4,1 .70, See Sec 20-4,1 .70, See Sec 20-4,1 4. Maximum Building Height 45 ft 45 ft 60 ft Non-oceanfront -80 ft; Lots 50' wide or less - Lots 50' widc or less - Lots 50' wide or less - 35 ft 35 ft 35 ft Oceanfront -100 ft Lots 50' wide or less - 35 ft i. Maximum Number of Stories 1. 1. Q.. Non-oceanfront - 8 Lots 50' wide or less- 4 Lots 50' wide or less- 4 Lots 50' wide or less- 4 Oceanfront - II Lots 50' wide or less - 4 ~. Base FAR (without bonus) .75 1.0 1.25 1.5 6-,7. Max FAR (with bonus). 1.5 1.75 2.00 2.25 +:~ Minimum Floor Area Per New Construction 700 New Construction 650 New Construction 600 New Construction 550 Apartment Unit (square feet) Rehabilitated Rehabilitated Rehabilitated Rehabilitated Buildings 400 Buildings 400 Buildings 400 Buildings 400 ~ Minimum Average Floor Area Per New Construction 950 New Construction 900 New Construction 850 New Construction 800 Apartment Unit (square feet) Rehabilitated Rehabilitated Rehabilitated Rehabilitated Buildings 550 Buildings 550 Buildings 550 Buildings 550 9-:-lQ. Minimum Floor Area Per Hotel Unit N.A. N.A. 15% = 300-335 sq.ft. 15% = 300-335 sq.ft. (square feet) 85% = 335+ sq.ft. 85% = 335+ sq.ft. ~11. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4,K Requirement herein. ++'-12. Minimum Off-Street Loading Pursuant to Section 7-5 of Zoning Ordinance. -H:-13. Signs Pursuant to Section 9 of Zoning Ordinance. H:-14. Suites Hotel Pursuant to Section 6-22 of Zoning Ordinance. * * * 12 D. Table of eommercial Performance Standards Commercial Subdistricts Performance C.PSI C.PS2 C-PS3 C-PS4 Standard 1. Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 6,000 sq. ft. 2. Minimum Lot 50 ft 50 ft 50 ft 50 ft Width 3. Maximum Building 75 ft 75 ft Nefte 250 Nefte 250 Height Lots over 100.000 SQ. ft - 300 Lots over 100.000 SQ. ft - 300 Oceanfront Lots over 200.000 SQ. ft. - 400 4. Maximum Number ~ ~ 27 27 of Stories Lots over 100.000 SQ. ft - Lots over 100.000 SQ. ft - 33 33 Oceanfront Lots over 200.000 so. ft. - 44 +'-5. Base FAR 1.0 2.0 2.5 2.5 ~. Maximum FAR 2.0 2.5 3.5 3.5 (with bonus)* 6-:L. Residential and Pursuant to all R-PS2 Pursuant to all R-PS3 Pursuant to all R-PS4 Pursuant to all R-PS4 Hotel Development district regulation, district regulations, district regulations district regulations, except maximum except maximum except maximum except maximum Floor building height for building height for Floor Area Ratio Area Ratio shall be 3.5, residential and mixed residential and mixed shall be 3.5, no height no height restriction use buildings shall be use buildings shall be restriction and Open and Open Space Ratio 75 ft. 75 ft. Space Ratio .60 .60 measured at or measured at or above above Grade. Grade. ;"'.8... Minimum Apt. New Construction 650 New Construction 600 New Construction New Construction 550 Unit Size (sq.ft.) Rehabilitated Rehabilitated 550 Rehabilitated Buildings Buildings 400 Buildings 400 Rehabilitated 400 Buildings 400 &2." A verage Apt. Unit New Construction 900 New Construction 850 New Construction New Construction 800 Size (sq. ft.) Rehabilitated Rehabilitated 800 Rehabilitated Buildings Buildings 550 Buildings 550 Rehabilitated 550 Buildings 550 9-:J.Q. Minimum Floor Area Per Hotel 15% = 300-335 sq.ft.; 85% = 335+ sq. ft. in all districts. Unit (square feet) ~lL Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4, H Requirements Requirement herein. H:-12 Minimum Off-Street Loading Pursuant to Section 7 of Zoning Ordinance. 13 Signs Pursuant to Section 9 of Zoning Ordinance. * * * G. Table of Residential Limited Mixed Use Performance Standards Mixed Subdistricts RM-PSl Performance Standard 1. Minimum Site Area 120,000 2. Minimum Site Width 350 ft. 3. Required Open Space Ratio .60 4. Maximum Building Height 60 feet above ground or above enclosed parking 5. Maximum Number of Stories 6 stories above ground or above enclosed parking ~. Base FAR (without bonus) .75 6-:7. Maximum FAR (with bonus) 1.5 ~~ Minimum Floor Area Per Apartment 600 Unit (square feet) &9. Minimum Average Floor Area Per 1000 Apartment Unit (square feet) 9:-lQ. Minimum Floor Area Per Hotel Unit N/A (square feet) *.l.L. Minimum Parking Pursuant to Section 7 of Zoning Ordinance and Section 20-4,L.3 Requirement herein. -!+.- 12. Minimum Off-Street Loading Pursuant to Section 7-5 of Zoning Ordinance. ttI3. Signs Pursuant to Section 9 of Zoning Ordinance. +3-:-14. Suites Hotel N/A SECTION 4. INeLUSION IN ZONING ORDINANeE NO. 89-2665. 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 eity of Miami Beach Zoning Ordinance No. 89-2665 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 5. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. 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. 14 SECTION 7. EFFECTIVE DATE. This Ordinance shall take etli:ct on the 18th day of October .1997. PASSED and ADOPTED this 8th day of October .1997. ATTEST: ~J.fClA~ CITY CLERK Underlined = new language Strikeout = deleted language F IPLA.'l\SALL'DIV.FT _ OR'~.PB'.HEIGHTS ORD DIGiJOG July 16. 1997 1st reading 9/10/97 2nd reading 10/8/97 APPROVED I-S TO FORM & lANGUAGE & FOR EXECUTION ~~~-;/,iJ~7 mer De 15 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIV~ MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.fl.us ---.... COMlvlISSION MEMORANDUM NO. G::. 2~ - 9, TO: Mayor Seymour Gelber and Members of the City Comm~ ion DATE:~October 8, 1997 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: I Second Readin ublic Hearing - An Ordinance of the Mayor and City Commission of e City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, Amending Section 3, Entitled "Definitions", Amending Subsection 3-2, Entitled "Terms Defined" by Modifying the Definitions of "Mezzanine" and "Story"; And, By Amending Section 6, Entitled "Schedule of District Regulations", Amending Subsection 6-2, Entitled "RM-l Residential Multi Family, Low Intensity", Subsection 6-2.1, Entitled "RM-PRD Multi Family, Planned Residential Development", -Subsection 6-3, Entitled "RM-2 Residential Multi Family, Medium Intensity", Subsection 6-4, Entitled "RM-3 Residential Multi Family, High Intensity", Subsection 6-6, Entitled "CD-l Commercial, Low Intensity", Subsection 6-7, Entitled "CD-2 Commercial, Medium Intensity", Subsection 6- 8, Entitled "CD-3 Commercial, High Intensity", Subsection 6-10, Entitled "CCC Civic, Convention Center District", Subsection 6-p, Entitled "GC Golf Course District", Subsection 6-13, Entitled "HD Hospital District", Subsection 6-14, Entitled "1-1 Light Industrial District", Subsection 6-15, Entitled "MR Marine Recreation District", Subsection 6-16, Entitled "MXE Mixed Use Entertainment District", Subsection 6-17, Entitled "RO Residential/Office District", Subsection 6-19, Entitled "WD-l Waterway District" and Subsection 6-20, Entitled "WD-2 Waterway District", by Creating Maximum Height Restrictions (And Including Historic Districts with Respect to the RM-l Zoning District), And/Or Creating Maximum Number of Stories; And, By Amending Subsection 6-1, Entitled "RS-l, RS-2, RS-3, RS-4 Single Family Residential Districts" and Subsection 6-18, "TH Townhome Residential District", by Modifying the Existing Maximum Height Restrictions and Creating a Maximum Number of Stories; And, By Amending Subsection 20, Entitled "PS Performance Standard Districts" Amending Subsection 20-4, Entitled "Performance Standard Regulations", Amending Subsections 20-4, (B), (D) and (G) by Creating Maximum Height Restrictions And/Or Creating Maximum Number of Stories, in All Performance Standard Districts, Described as: R-PS1, Entitled "Residential Medium - Low Density", R-PS2, Entitled "Residential Medium Density", R-PS3, Entitled Agenda Item R 5 P\ Date lO-8-GI "Residential Medium High Density", R-PS4, Entitled" Residential High Density", C-PSl, Entitled "Commercial Limited Mixed-Use Commercial", C- PS2, Entitled "Commercial General Mixed-Use Commercial", C-PS3, Entitled "Commercial Intensive Mixed-Use Commercial", C-PS4, Entitled "Commercial Intensive Mixed-Use Phased Bayside Commercial" and RM-PSl, Entitled "Residential Limited Mixed Use"; And, By Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date RECOMMENDATION The Administration still concurs with the Planning Board's findings and recommends that the City eommission not approve the proposed amending ordinance. Instead, the matter should be remanded back to the Planning Board and the Miami Beach Design Guidelines and Development Regulations eommittee (hereinafter referred to as "DGDRC") for further study and reconsideration as part of a larger development regulations package consistent with the recommendation of the Planning Board on July 22, 1997. The Planning Board voiced strong concern that separating this issue from the entire package could create changes to the Zoning Ordinance that are counter productive and damaging to the eity's urban character. BACKGROUND The amending ordinance was separated from a package of recommendations currently being considered by the nGDRe staff. . The matter was referred to the Planning Board by the City Commission on June 18, 1997 at the request of Commissioner Neisen Kasdin. The staff prepared the draft amendment, with editing assistance from the Office of the City Attorney. The DGDRe has been studying areas of incompatible zoning, parking issues, design bonuses and other land development regulation issues within the existing Zoning Ordinance and how regulations might be changed to address these issues. Building heights is only one area of concern and possible changes. It is important to note that from the 1930's until 1971, a period oftime within which almost 90% of Miami Beach was developed, the governing Zoning Ordinance (No. 269) had height restrictions. The highest density multi-family districts were generally restricted to 160 feet in height, or fourteen stories. Most other areas had a height restriction of forty to fifty feet. In 1971, the eity adopted a new Zoning Ordinance (No. 1891). This ordinance eliminated the height restrictions except in the single family districts. In 1989, the eity adopted the current Zoning Ordinance (No. 89-2665); this ordinance, and subsequent amendments, began to reintroduce height restrictions for various zoning districts. For example, the low intensity districts such as the RM-l and CD-I, some of the areas within the historic districts and most of the South Pointe area all have height restrictions in place. However, medium and high intensity districts, (e.g., RM-2, RM-3, eD-2, eD-3, e-ps 3 and e-ps 4) do not currently have height restrictions. In the past several years, some new multiple-family hi-rise buildings have been built which are not only clearly visible from nearby single family residential neighborhoods and have threatened the aesthetic balance between existing hi-rise development and these low-rise residential areas, but are also incompatible with their pre-existing high rise counterparts. 2 On July 22, 1997 the Planning Board held a public hearing regarding the-amendment and voted (4 - 2, 1 vacancy) to recommend denial of the amendment as proposed. The Board vocalized its position, generally, that the proposed height limits should be part of a comprehensive amendment package regarding identified land development regulation issues within the existing Zoning Ordinance. They further voiced concerns that unless amended development regulations controlling building mass are studied and reviewed together, the eity could inadvertently be creating changes to the Ordinance with respect to height which are counter-productive and damaging to the City's urban character. On September 10, 1997, the eity eOmnllssion approved (5-0) the Ordinance on fIrst reading and set the second reading public hearing for today. ANALYSIS OF THE AMENDING ORDINANCE Section 1. The proposed amendment contains changes to the existing definitions for "Mezzanine" and "Story" as follows: MEZZANINE: An intermediate floor in any story or room. When the total with-Floor Area of any such mezzanine floor exceeds not cxceeding one-third the total Floor Area in that room or story in which the mezzanine occurs. it shall be considered as constitutin~ an additional story. The and with clear height above or below the mezzanine floor construction shall be not less than seven feet. STORY: That portion of a Building, other than ll. bflScmcnt or Mc~, included between the surface of any floor and the surface of the floor next above it; or if there be no floor next above it, then the space between such floor and the ceiling next above it. A basement shall be counted as a story if its ceilin~ is equal to or fP"eater than four feet above Grade. This proposed language would clarify the existing definitions for these terms, especially for subterranean and basement floor areas with ceilings that project above Grade. For defInition purposes, "Grade" is currently defined within the Zoning Ordinance generally as the eity sidewalk elevation or the crown of the road in the absence of a sidewalk. The City sidewalk elevation is also used as the base to determine the height of a building. The amendment would not affect flood plain elevations since current building regulations require fIrst habitable floor elevations to be at 7.00 ft. to 10.00 ft. above N.G.V.D. (National Geodetic Vertical Datum) which is a measurement based on the probability of a 100-year flood event. Section 2. and 3. These sections of the amendment provide for a maximum height limitation in all districts that do not already have a height limit or amend existing height restrictions. Also, the proposed regulations provide for a maximum number of stories (as newly defined) for all districts, citywide. The establishing of a maximum number of floors is important for the following reasons: First, it can reduce conflicts between existing built patterns, especially in the historic district, and new construction. Second, it would end the forced compression of floors into a given height restriction 3 creating undesirable and incompatible building conditions. Establishing a maximum number of stories related to the height limits, throughout the eity, should help foster compatible and desirable development. The amendment proposes a maximum height limitation of25 ft. or 50% of the lot width, whichever is greater, for the RS 1,2,3,4 Single Family Residential districts. The amendment would lower the existing height restriction to 25 ft. for all lots 50 ft. in width or less. The height limit would be a function of lot width up to a maximum of 3 3 feet, which is the current maximum height for all single family districts. This change reflects the existing development pattern of single family homes on lots fifty feet wide generally having no more than two stories; more importantly, it would discourage disproportional tall narrow houses from being built on these lots. The RM-1, Residential Multiple-Family Low Intensity zoning district has an existing height limitation of fifty feet; forty feet in a Historic District. The proposed amendment would introduce a maximum number of stories allowed, at five and four stories respectively. Other districts which have existing height restrictions in place include the CD-I, eommercial District, MXE, Mixed Use Entertainment District, MR, Marine Recreational (Alaska Parcel), RM-PRD, Planned Residential Development (Fisher Island), RO, Residential Office, WD-l, Waterway District (Indian ereek outlots), WD-2, Waterway District (1v1iami Beach Drive area) and all zoning districts in South Pointe with the exception of the e-ps 3 and e-ps 4 districts (see Table 1 for a detailed comparison of existing and proposed height limitations and the proposed maximum number of stories for each zoning district, citywide, pursuant to the proposed amendment ). The height limitations proposed in the RM-2, Residential Multiple-Family Medium Intensity zoning district would be 100 feet with a maximum of eleven stories. For properties in a Historic District (currently the area south of the Bass Museum) the height limit would be fifty feet with a maximum of five stories. For large lots, over 45,000 square feet, the height limit is proposed to be 140 feet. The lot size corresponds to the lot area required to achieve the maximum FAR. These varying heights ensure that infill development is compatible with the character of the existing development pattern. Larger lots have a higher limit to allow for greater flexibility of design and to enable taller, more slender, towers which may be appropriate, depending on neighborhood context. The height limitation proposed for the RM-3, Residential Multiple-Family High Intensity zoning district would be two-hundred and fifty (250) feet. However, lots over 100,000 square feet in land area (2.29 acres) would have a height limitation of three hundred (300) feet. Also, oceanfront lots in excess of 200,000 square feet in land area (4.59 acres) would have a height limitation of four- hundred (400) feet. The eD-3, eommercial High Intensity district would have a height limit of 100 feet except for oceanfront lots, which would follow the RM-3 height restrictions. In the Lincoln Road area that is zoned CD-3 (eollins Avenue to Alton Road) that portion of a structure within the first 25 feet of lot depth would have a height restriction of 50 feet; this restriction would ensure that the low scale character of the mall area is maintained. The e-PS3, eommercial Intensive Mixed Use and the e-PS4, eommercial Intensive Phased Bayside would have similar height limitations as the RM-3 District described above. The HD, Hospital District would have a maximum height limitation of one-hundred and fifty (150) feet, except for those districts (or portions of districts) within 500 ft. of a Single-Family District or a RM 1,2,3 district where the maximum height would be one-hundred (100) feet. The Hospital District at 550 9th Street would have a maximum height of forty (40) feet. to coincide with the forty (40) feet. height limitation for the Architectural District. The hospital sites at St. Francis, Miami 4 Heart and South Shore are all within 500 feet of a residential district and therefore, any new construction or additions would be limited to 100 feet. At the Mount Sinai hospital site there would be a buffer of five hundred feet in which new construction or additions would be limited to 100 feet. The remainder of the site would have a limit of 150 feet. Sections 4.. 5. and 6. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City Commission is required to consider 13 relevant review criteri~ when applicable, for such changes. Since the amending ordinance would only change the text of the Zoning Ordinance and would not constitute a use change or a change in zoning district boundaries or classification, many of the review criteria have been determined not to be applicable to this amendment request. The following is aD. analysis of each of the aforementioned review criteria, as applicable: 1. Whether the proposed change is consistent and compatible with the eomprehensive Plan and any applicable neighborhood or Redevelopment Plans; May Be Inconsistent - The amendment has ostensibly been brought forward to meet the goal of developing the eity in an appropriate manner. Policy 1.1 of the Future Land Use Element of the eomprehensive Plan states that the land development regulations (zoning ordinance) should regulate the use of land to ensure the compatibility of adjacent land uses. Objective 2 of the same element states in part that the land development regulations should be consistent with the desired community character (see # 10 within Other Related Issues discussed below). The Administration has concluded, however, that it is not clear whether or not the proposed height restrictions, in the absence of other development control amendments, would achieve these goals. 2. Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; May Be Inconsistent - The amendment would not change the underlying zoning district for any areas within the eity and the intent of the amendment is to ensure that new development is more compatible with the built pattern of the respective neighborhoods. However, it is not clear that the proposed amendment would achieve this intent, unless it is made part of a larger amendment package. 5 3. Whether the change suggested is out of scale with the needs of tIre-neighborhood or the eity; Partially Consistent - The proposed amendment would help -with the scale of new buildings. There is a perceived and actual need for placing reasonable heights where now there are no restrictions which can lead to development which is completely out of character with the respective neighborhoods and eity as a whole (see # 3 within Other Related Issues discussed below). Notwithstanding these findings, it is not conclusive that the proposed heights are the most appropriate for each respective area and whether or not they need to be adjusted to be higher or lower, as appropriate. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Not Applicable 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable 6. Whether changed or changing conditions make the passage of the proposed change necessary; Partially eonsistent - The underdeveloped areas of the eity are going through rapid changes, brought about by private sector rehabilitation and new construction. Many of these new development projects have proven to be out-of-scale within the surrounding district, as well as adjacent areas. Large portions of the historic district do not have height limits in place, namely Washington Avenue, Lincoln Road and Espanola Way. Even though many structures on these streets are designated historic, many are not and could be developed in a manner that would be out of scale with the district. The proposed amendments may begin to address this issue, but until they are viewed as part of a broader package they can not be properly assessed for their impact. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Mav Be Inconsistent - The proposed changes probably will not negatively affect living conditions or the quality of life for surrounding properties. However, it is not clear whether the amending ordinance will foster more appropriate new infill construction as the height limitations on some properties may cause buildings which are overly bulky, not graceful, and potentially diminish adequate provision of light and air. 6 8. Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the eomprehensive Plan or otherwise affect public safety; Not Applicable 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Not eonsistent - The proposed amendment could potentially reduce light and air to adjacent properties. The setback requirements of the Zoning Ordinance are not being proposed to be altered at this time and the modelling of the proposed height limits are not conclusive with regard to this issue. 10. Whether the proposed change will adversely affect property values in the adjacent area; May Be Inconsistent - While the Administration is of the opinion that property values in the adjacent areas should not generally be affected negatively by the proposed amendment, the height restrictions by themselves and in the absence of other considerations, could cause buildings which are inappropriate in some districts, depending on lot size. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; May Be Inconsistent - The proposed amendment on heights may allow for buildings to be built under existing regulations, without any loss in capacity to achieve maximum Floor Area Ratio; however, it is not clear at what cost this could be accomplished in terms of aesthetic impacts or other impacts such as reducing open space on the property. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Not Applicable 13. Whether it is impossible to fmd other adequate Sites in the eity for the proposed Use in a district already permitting such Use; Not Applicable OTHER RELATED ISSUES Since many of the above review criteria have been fOWld to be inconsistent, the Administration poses the following additional items of concern regarding the proposed amending ordinance: 7 I. What is the implication for each one of the areas in the City where there are vacant or underdeveloped lots? -- As part of the Planning staffs analysis of the proposed legislation, the medium and high intensity districts are believed to have the most potential for development and redevelopment. The map prepared shows the projects which have been grandfathered by previous DRB approvals, projects with an application for DRB approval, vacant land, and those sites with underdeveloped land (i.e. sites with existing structures but with excess floor area available for additional development and which are not in condominium form of ownership). While a good start has been made analyzing this issue, further analysis is needed to include all districts proposed for new height limitations. 2. What is the relationship be:tween floor area ratio and height and whether the proposed ordinance would affect in any way that relationship? The floor area ratio is a fixed number, determined by a combination oflot area and/or bonuses for unit size and architectural features. This number, when multiplied by the lot area, is used to calculate the total volume of the building. This volume is controlled by the setbacks and the height restriction. The analysis of various sites indicates that when the building envelope is maximized with respect to setbacks, the resulting height as restrained by the maximum FAR is less than the maximum height restrictions as proposed. Likewise, when a development maximizes the building envelope with respect to height, the resulting setbacks are considerably less than those prescribed by the ordinance. 3. What is the effect that this proposed ordinance may have on the character of existing neighborhoods? One of the presumed main objectives of the proposed ordinance is to ensure that new development is consistent with the character of the existing neighborhoods while at the same time ensuring that development rights are not adversely impacted. The Administration believes that it is not feasible to impose height restrictions that mirror the pre-1971 height restrictions without seriously affecting the ability of a developer to exercise the full development potential of a site. That is not to say, however, that unlimited heights are appropriate for the eity. In the Historic Districts this is of paramount importance, since unlimited height within a historic district would have a negative impact on the character of such district and preservation efforts to retain the character. In other areas of the City the proposed heights have been based on building typologies which match the conditions of the floor area ratios, lot size, setbacks and flexibility of design. For example, on lots less than 100,000 square feet in area in the RM-3, high intensity district a maximum height of250 feet is proposed. For lots over 100,000 square feet in area the height is increa'ied to 300 feet. On oceanfront parcels over 200,000 square feet in area, (of which there are very few), the proposed maximum height is 400 feet. Nonetheless, the Administration is concerned that there has been no lot by lot identification as to what the maximum potential height could be based on current ownership and existing heights of buildings. We believe this analysis is critical to understanding how the proposed heights would integrate new buildings with the existing built character of each area. 4. What impact would the height limits have on the redevelopment of areas? 8 The Administration believes that the proposed height limitations, alone, may have a negative impact on the infill type of construction which is most likely to oc~ur within the City. While it is nearly impossible to predict what a building will look like based on the development regulations, there are several factors to be considered when developing a property. Height restriction is only one such factor. However, other issues such as setbacks, parking, marketable unit sizes, construction costs and feasible engineering methods are all related in determining what the final building design will be. As stated earlier, most new development will be infill construction. The different lot areas, underlying zoning districts and economic factors will result in unique solutions for each development. Even though height limitations may have positive impact on compatibility, they may also have an unintended negative impact when combined with other development regulation amendments -- as such, they should be viewed together as a comprehensive package of development regulation amendments. 5. What effect would the height limits have on property rights? Based on fmdings to date, the Administration believes that the proposed amendment will not impact negatively on property rights. The Administration has taken the position from the beginning of this process that the proposed changes to the ordinance should be completed in a manner that does not adversely effect existing development rights. 6. What is the relationship of the proposed height ordinance to legislation pending before the DGDRe for review; specifically, the proposed zoning map changes? A map, prepared by staff, shows the proposed changes to the zoning designation of various areas throughout the City. In some case the changes proposed affect the permitted uses and the underlying FAR's; in other cases the uses allowed change or are modified, but the FAR remains the same. In any case, until these proposed changes are fmalized, recommended by the DGDRC and by the Planning Board, it is not possible to say what the relationship will be. 7. What is the effect that this limitation might have on light and air if we do not have clearly established view corridors in the same areas? The issue of light and air is more applicable to larger sites. On small or narrow sites the setbacks dictate the view corridors. On large lots there exists the possibility of greater flexibility with respect to the placement of the tower. The proposed height on these larger lots should ensure flexibility of design and gives the architect the opportunity of creating view corridors significantly larger than those resulting from setback requirements; however, there may also be a need for such t1exibility on smaller sites. 8. What consideration must be addressed when dealing with height and lot configuration, specifically, in lots which are basically parallel to major arterials such as eollins Avenue? The issue of building orientation is one which the DGDRe has been discussing and studying for some time. It is a complicated issue because of the numerous shallow lots along the bay and waterways which make it impossible to dictate building orientation. elearly on large deep lots this is not an issue. The proposed height ordinance may have an impact on building orientation. This may be an issue which ultimately might be addressed by the DGDRe as a mandatory view corridor or revised side setback regulations. If this issue were to return to the Planning Board or eity eommission, it would be reviewed in conjunction with whatever height 9 reg'.llations may be in place at that time. Ifbuilding orientation is mandated, it night have an impact on the ability to achieve maximum FAR with height limitation in place -- particularly on shallow lots. -"'::--.... 9. What are the inconsistencies that these limitations might have in some areas of the eity? The historic districts of the eity are special areas in which new infill development should have particular respect to the overall character of the area. Within these districts, many areas already have existing height restrictions. The proposed additional height regulations should not create any inconsistencies in the historic districts. In areas outside the historic districts, however, the height of development on larger lots could be increased in order to have greater view corridors and perhaps design more slender towers with increased setbacks; there already exist sliding scales of FAR based on lot size, translating into aggregated sites being able to accommodate much larger buildings -- as such, the ordinance already has built-in inconsistencies. 10. What is the effect that the proposed height limits might have on the development of other areas, specifically, in South Pointe and in the North Beach area? South Pointe has existing height restrictions in all areas except in the e-PS3 and e-PS4 districts. The e-PS3 district is comprised of South Pointe Tower, Portofino Tower and the "Ocean Parcel" which fronts on the Atlantic Ocean. It also includes the Goodman Terrace parcel and the site behind Goodman Terrace known as the "Block Eight" parcel. The e-PS4 district includes the bayfront SSDI North and South parcels as well as the area north of Fifth Street to Sixth Street along the Biscayne Bay. The proposed height regulations only affect those parcels along the waterfront which do not already have a height limitation. As such, the amendment should have very little effect on the balance of the South Pointe area. The North Beach area has been analyzed to determined where the most likely areas for redevelopment might occur. Due to the pattern of the platted lots, non-waterfront sites, if assembled, will be 60,000 square feet at most and more probably under 45,000 square feet. TIlls would result in most new development to be in the mid-rise range with very few lots being developed as high-rise buildings. This pattern would be generally consistent with the built character of the North Beach area. There are only two large ocean front lots in this area with a potential for development. The Deauville site is under 100,000 square feet, which would permit a building of up to three hundred (300) feet in height. The other large site is the Carillon parcel which is over 200,000 square feet and a building of up to four hundred (400) feet in height would be allowed. 11. What is the relationship of height to setbacks, FAR, higher parking requirements and protection of view corridors? All of the above development regulations are intricately related to each other. While height issues can technically be studied and considered separately, it must be with the understanding that as new proposed changes are considered the heights, as well as other development regulations, are revisited to ensure compatibility with the modified regulations. The Administration believes that a more reasonable approach is to examine all the changes to the development regulations concurrently in order to avoid this necessity for continual re- examination and possibly the need to further amend the changes in height restrictions proposed now. 10 12. What are the possible design implications for development that will be trying to achieve maximum floor area build-out? _c_' Plarming staff records indicate that developers are already achieving the maximum FAR's as prescribed in the underlying zoning district. Since the proposed height limitations are generally quite permissive, there should be little impact on the design of projects or large lots; however, it is not clear what impact there will be on smaller lots and this needs further study by the DGDRe. 13. Have the properties which are over 100,000 and 200,000 square feet, which are the two limits being proposed in establishing different benchmarks of height, in the high intensity districts been identified. A map has been prepared which shows the lots of these sizes. It shows that there are very few sites available at these larger sizes. Also the possibility of lot aggregation is difficult because of the condominium form of ownership through the areas where these large parcels might exist. Most of the lots on which development might occur will therefore occur on lots less than 100,000 square feet in area. This means that most new development will be, at the most, 250 feet in height. This height compares to projects like Capobella (24 stories - 220 feet), which is a building type that the DGDRC has identified as being of a desirable character and compatible with the high density districts of the City. 14. What is the effect that these proposal height limits may have on pending projects? Will they be "grandfathered in"? What will be the extent of the grandfathering? Whenever a change in the ordinance occurs, any project affected by such change would be "grandfathered in" if a complete application is submitted for Design Review approval prior to the Plarming Board making a favorable recommendation on the proposed change or, if the Planning Board fails to recommend in favor, the application is submitted prior to the effective date of the proposed ordinance after the eity Commission's adoption. Several projects have submitted applications in anticipation of the adoption of the proposed height limits amendment. Since the Planning Board did nm..recommend in favor of the proposed ordinance on July 22, 1997, the zoning in progress moratoria on approvals is nm..in place. The proposed ordinance would not take effect until ten days after its second reading and adoption by the eity Commission. As such, all of the development projects already submitted for review, as well as any new project that may be submitted until such time as the Commission adopts the ordinance and the ordinance becomes effective, will be"grandfathered in" with respect to the proposed height limits ordinance. This grandfather status is valid as long as the DRB approval is maintained. 15. How were the different height limitations established? eity's staff and the DGDRe looked at several issues in establishing the different proposed height limits. The different modeling of various types of sites in different zoning districts directed the limits of what could be built and the proposed height was set slightly larger to 11 all)w for flexibility in design. However, further modeling is needed to defineibe ;>rcposed heights and give further assurance that there will be no unintended negative impacts. 16. What is the effect of the proposed height limits ordinance when you are dealing with possible downzoning in some areas? <<1'::...... Some of the proposed changes to the Zoning Map will not alter the maximum Floor Area Ratio and the new designations only would alter the allowable uses without affecting the volume of. the buildings. In some instances, however, there are areas which are being contemplated for downzoning that would affect the maximum FAR allowed on the site. These changes need a considerable amount of analysis and consideration which the DGDRe has not yet completed. Also, further study is needed from the eity Attorney's office to determine how the Bert 1. Harris, Jr., Private Property Rights Protection Act affects the proposed zoning changes. CONCLUSION Based on the foregoing, the Administration has concluded that the Planning Board's recommendation is sound and should be followed. Therefore, we are again recommending that the City Commission should remand this amendment back to the Planning Board to be re-considered at such time as the DGDRe brings forward related development regulation amendments. In this manner, the amendments will not be addressed in isolation, and their impact can be viewed in a comprehensive manner. ~~ JGP/HSMlDJG MHFimhf\F:\PLAN\SALL\CC_MEMOS\1309CMS.910 12 TABLE 1. EXISTING AND PROPOSED HEIGHT LIl\t!JTATIONS Zoning District Designation Existing Height Limit (feet) Proposed Height Limit Proposed (feet) Max. # of Stories RS-l,2,3,4 Single Family Residential 33 25 or 50% of lot width, 3 whichever is greater, up to a max. of 33 RM-l Residential Multi-Family, Low Intensity 50 - HP 40 Same 5/4 RM-2 Residential Multi-Family, Medium Intensity None 100 - for lots over 45,000 11/1515 s.f. 140 HP 50 RM-3 Residential Multi-Family, High Intensity None 250 - 300 for lots over 27 I 33 144 100,000 s.f. - 400 for' oceanfront lots over 200,000 s.f. RM-PRD Multi-Family, Planned Residential Development 120 Same 13 CD-I Commercial, Low Intensity 40 Same 4 CD-2 Commercial, Medium Intensity None 75 - HP 50 8/5 CD-3 Commercial, High Intensity None - HP 50 100 - HP 50(same); Lincoln 1II5 Road area 50 for front 25 feet of depth; Oceanfront Oceanfront lots - 250 if 27/33 144 over 100,000 s.f. - 300, if over 200,000 s.f. - 400 GC Golf Course District Not specified 33 3 CCC Convention Center District N/A 100 11 GU Govemment Use N/A Same N/A HD Hospital District Not specified 100 if wlin 500' of of a SF N/A or RM dist. otherwise 150 - HP40 I-I Industrial, Light None 40 4 MR Marine Recreational 40 Same 4 tvfXE Mixed Use Entertainment HP:Oceanfront -150 Same 16 Non-oceanfront - 50 5 All other areas: 75 8 RO ResidentiaIlOffice 33 Same' 3 TH Townhome Residential 35 40 4 WD-I Waterway District 12 Same 1 WD-2 Waterway District 15 Same 1 R-PSI Residential Medium-Low Density 45; Lots 50' wide or less - Same 5/4 35 ft R-PS2 Residential Medium Density 45; Lots 50' wide or less - Same 5/4 35 ft 13 ,--.---.. Zoning District Designation Existing Height Limit (feet) Proposed Height Limit Proposed (feet) Max. # of Stories . R-PS3 Residential Medium-High Density 60; Lots 50' wide or less - Same 7/4 35 ft R-PS4 Residential High Density Non-oceanfront -80; Same 8 Oceanfront -100 II Lots 50' wide or less - 35 4 CopS I Commercial Limited Mixed Use 75 Same 8 C-PS2 Commercial General Mixed Use 75 Same 8 C-PS3 Commercial Intensive Mixed Use None 250 - 300 for lots over 27/33 /44 100,000 s.f. - 400 for oceanfront lots over 200,000 s.f. C-PS4 Commercial Intensive Phased Bayside None 250 - 300 for lots over 27/33 100,000 s.f. RM-PSI Residential Mixed-Use Development 60 feet above ground or Same 6 above enclosed parking 14