Loading...
Ordinance 94-2949 • ORDINANCE NO. 94-2949 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", AMENDING SUBSECTION 6-3,ENTITLED"RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM • INTENSITY"BY ADDING A UNIT SIZE FAR BONUS SCALE AND BY PROVIDING THAT THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-3B,AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY" BY ADDING A HOTEL UNIT SIZE FAR BONUS SCALE, BY INCLUDING ONLY THAT AREA IN UNENCLOSED BALCONIES THAT IS INCLUDED IN THE CALCULATION OF FLOOR AREA IN DETERMINING THE AVERAGE UNIT FLOOR AREA,AND BY PROVIDING THAT FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-4B,AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23;AMENDING SUBSECTION 6-7,ENTITLED"CD-2 COMMERCIAL,MEDIUM INTENSITY"BY MODIFYING THE FLOOR AREA RATIO(FAR) SCALE , BY ADDING A BASE FAR FOR RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT AND ADDING METHODOLOGY FOR CALCULATING BONUS FAR FOR RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT, AND BY DELETING THE REFERENCE TO FLOOR AREA RATIOS FOR HOTEL DEVELOPMENT; AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL,HIGH INTENSITY" BY PROVIDING THAT THE FAR FOR HOTEL AND RESIDENTIAL DEVELOPMENT SHALL BE AS SET FORTH 114 SUBSECTION 6-4B,AND THAT THE FAR FOR HOTEL DEVELOPMENT SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-10, ENTITLED "CCC CIVIC AND CONVENTION CENTER DISTRICT"BY PROVIDING THAT THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-10 AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY REDUCING THE MAXIMUM FAR FOR HOTELS AND BY PROVIDING THAT CONVENTION HOTEL FAR • SHALL BE AS SET FORTH IN SUBSECTION 6-23; AMENDING SUBSECTION 6-23, ENTITLED"MAXIMUM FAR FOR HOTEL DEVELOPMENT"BY PROVIDING THAT SAID SUBSECTION SHALL ONLY BE APPLICABLE TO CONVENTION HOTELS AS SPECIFIED IN THE CITY CENTER/ HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION PLAN; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach has undertaken a comprehensive review to study development regulations in several areas within the Municipality;and WHEREAS,the Miami Beach Planning Board on June 21, 1994 requested further study and analysis of the Floor Area Ratios in the City's residential and commercial districts;and WHEREAS,the following amendments to the City's Zoning Ordinance which resulted from these studies are necessary to ensure that the various uses within zoning districts are compatible in terms of scale,bulk and size with other development within those districts. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA: SECTION 1. That Subsection 6-3,entitled"RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM INTENSITY"of Section 6,entitled"Schedule of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as follows: 1 6-3 RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM INTENSITY. * * * B. Development Regulations * * * a. Floor Area Ratio Bonus Methodology 1) Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based upon criteria listed in Section 6-24. The maximum increase in the Floor Area Ratio above the base FAR achieved by using the design bonuses is 0.25. 2) The second bonus is based on the average Floor Area of the,Apartment Units or Hotel Units. The tables below lists the bonus Floor Area Ratio based upon the net average Apartment Unit size or gross average Hotel Unit size. For purposes of this Section,the gross average Hotel Unit size shall be calculated by dividing the gross floor area,as,defined in Section 3,by the total number of Hotel Units. Net Avg. 800 900 1000 1100 1200 1300 Apartment Unit Floor Area Bonus FAR 0.00 0.05 0.10 0.15 0.2 0.25 Gross Avg. Hotel 500 550 600 650 700 750 Unit Floor Area Bonus FAR 0.00 0.05 0.1 0.15 0.2 0.25 b. For purposes of this Section, the area contained in unenclosed Balconies that is included in the calculation of Floor Area Ratio shall be included in determining the average Floor Area computations of units. c Any number falling between the specified ranges shall be calculated by interpolation. d. The Maximum Floor Area Ratio(FAR)with all bonuses is determined by the following formula: Base FAR + Design Bonus + Avg Unit Size Bonus = Maximum Floor (1.50 to 2.25) (0.0 to 0.25) (0.0 to 0.25 ) Area Ratio based on design based on average based upon Lot Area criteria unit size d. The unit size bonus for mixed hotel/residential developments shall be as set forth in Section 6-4,B.2.a. 7 3. Min.Lot 4. Min.Lot 5. Min.Unit Size 6. Avg.Unit Size 7. Max.Bldg.Height Area Width (sq.ft.) (sq.ft.) (feet) (sq.ft.) (feet) 7,000 50 New Construction-550 New Construction-800 None Rehabilitated Buildings-400 Rehabilitated Buildings-550 Hotel Unit 15%:300-335 Hotel Units -N/A 85%: 335+ 8. The maximum Floor Arca Ratio for Hotel Development Shall be pursuant to Section 6 23. * * SECTION 2. That Subsection 6-4,entitled"RM-3 RESIDENTIAL MULTI FAMILY,HIGH INTENSITY"of Section 6,entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-4 RM-3 RESIDENTIAL MULTI FAMILY,HIGH INTENSITY * * * B. Development Regulations * * * .. a .. :. .. a. Floor Area Ratio Bonus Methodology 1) Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based upon criteria listed in Section 6-24. The maximum increase in the Floor Area Ratio above the base FAR achieved by using the design bonuses is 0.50. 2) The second bonus is based on the average Floor Area e€-all-of the Apartment Units or Hotel Units. The below tables below lists the bonus Floor Area Ratio based upon the net average Apartment Unit size or gross average Hotel Unit size. For purposes of this Section,the gross average Hotel Unit size shall be calculated by dividing the gross floor area,as defined in Section 3,' by the total number of Hotel units. * * * Gross 500 550 600 650 700 750 800 850 900 950 1000 Avg.Hotel Unit Floor Area Bonus 0.00' 0.05 0.10 0.15' 0.20 0.25 0.30 0.35 0.40 0.45 0.50 FAR 3 45 b. For purposes of this Section,the area contained in unenclosed Balconies that is included in the calculation of Floor Area Ratio shall be included in determining the average Floor Area computations of units,but not in c. Any number falling between the specified ranges shall be calculated by interpolation. d. The Maximum Floor Area Ratio(FAR)with all bonuses is determined by the following formula: e, Mixed Hotel/residential Development shall have the unit size bonus calculated in the following manner; the gross floor area,as defined in Section 3,shall be divided proportionally to the percentage of Hotel Units to Apartment Units, that percentage of the gross building area corresponding to the Hotel Development shall be utilized in determining the gross hotel unit size bonus. The residential unit size bonus is based solely on the net average unit size. * * * SECTION 3. That Subsection 6-7, entitled "CD-2 COMMERCIAL, MEDIUM INTENSITY" of Section 6, entitled "Schedule of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as follows: 6-7 CD-2 COMMERCIAL,MEDIUM INTENSITY. * * * B. Development Regulations 1. Base 2. Max.FAR 3.Min.Lot 4. Min.Lot 5. Min.Apt. 6. Avg.Apt. 7. Max. FAR with bonus Area Width Unit Size Unit Size Bldg. (See Sec.6-24) (sq.ft.) (feet) (sq.ft.) (sq.ft.) Height (feet) 1.0 2.0 Comm.- Comm.-none Comm.-N/A Comm.-N/A None none Residential and Residential and Res.-50 New Construction New Construction Apartment/Hotel Apartment/I-lote Res.-7,000 -550 -800 Development- I Development 1.5 shall follow the Rehabilitated Buildings Rehabilitated Buildings FAR bonus -400 -550 methodology as set forth in Hotel Unit Hotel Units-N/A Section 6- 15%:300-335 3,B.2.a 85%:335+ -- '-- -- -- - . -- . . .- - - - ` - -- C. Setback Requirements- See Section 6-9. SECTION 4. That Subsection 6-8,entitled"CD-3 COMMERCIAL,HIGH INTENSITY"of Section 6,entitled"Schedule of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-8 CD-3 COMMERCIAL,HIGH INTENSITY. * * * 4 B. Development Regulations * * * a. However,the Floor Area Ratio range for residential development,inclusive of hotels,in the Architectural District shall be 1.25 to 3.0. The Floor Area Ratio bonus shall be based on the average room size and design bonus as set forth in Section 6-4,B.2.a and 6-24,A. For all other residential development, inclusive of hotels outside of the Architectural District, and hotels east of Collins Avenue is the Architectural District the Floor Area Ratios shall be as set forth in Subsection 6-4,B. However, Convention Hotel Developments shall follow the development regulations as set forth in Section 6-23. b. The unit size bonus for mixed hotel/residential developments shall be as set forth in Section 6-4,B..2.a. The maximum Floor Arca Ratio range for Hetel Development including hotcl3 ca3t of Collin3 Avenue in the Architectural Di3trict shall be pursuant to Section 6 23. * * * SECTION 5. That Subsection 6-10, entitled "CCC CIVIC AND CONVENTION CENTER DISTRICT" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT. * * * B. Development Regulations Lot Area equal Lot Area Lot Area Lot Area Lot Area Lot Area to or less than between 22,500 between 37,500 between 45,000 between 60,000 greater than 22,499 sq.ft. and 37,499 sq.ft. and 44,999 sq.ft. and 59,999 sq.ft. and 74,999 sq.ft. 75,000 sq.ft. 1. Base FAR 1.25 2.00 2.75 3.50 4.25 5.00 2. Maximum FAR 2.25 3.00 3.75 4.50 5.25 6.00 with bonuses (See Sec.6-24) -- - '-- -- -- . -- - - - .- - - - ---- --- -- - - -- - • - * * * SECTION 6. That Subsection 6-16,entitled"MXE MIXED USE ENTERTAINMENT DISTRICT"of Section 6, entitled "Schedule of District regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as follows: 6-16 MXE MIXED USE ENTERTAINMENT DISTRICT. * * * 5 B. Development Regulations 1.Base FAR 2. Max.FAR 3.Min.Lot 4.Min.Lot 5. Min.Apt. 6. Avg.Apt 7. Max. with bonus Area Width Unit Size Unit Size Bldg (sq.ft.) (feet) (sq.ft.) (sq.ft.) Height (feet) All uses-1.5 All uses-3.0 N/A N/A Existing Structures: Existing Structures: Architectural Apt Units -400 Apt Units -550 District: Except Except Hotel Units-in a Hotel Units -N/A Oceanfront-150 - Convention Convention Hotel Local Historic Non-oceanfrt-50 Hotel Develop- Development le-a District/Site-200, New meat(as set locally designated otherwise construction: Ocean Drive/Collins forth in Section Ili3toric District 15%:300-335 Apt Units -800 Avenue Historic 6-23)-1.75 34 85%:335+ Hotel Units -N/A District-See Section 6-16.E. all-ether-Hefei New Development Shall construction: However,lots west be-parsnant to(';as Apt Units -550 of James Avenue and set forth in Section Hotel Units- Park Avenue shall 6-23)-3:50. 15%:300-335 not have a maximum 85%:335+ height limit; All other areas-none. * * * SECTION 7. That Subsection 6-23,entitled"MAXIMUM FAR FOR HOTEL DEVELOPMENT"of Section 6,entitled "Schedule of District regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as follows: 6-23 MAXIMUM FAR FOR CONVENTION HOTEL DEVELOPMENT CITY 'CENTER/HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA A. Convention Hotel Development as proposed in the City Center/Historic Convention Village Redevelopment and Revitalization Area Plan and specifically identified as Sites 1-A and 1-B in the Convention Hotel Development Opportunity(Request For Proposals)shall conform to the Floor Area Ratio regulations set forth in this Section regardless of the underlying zoning district. However,that portion of Convention Hotel Developments located in the MXE District shall have a base FAR of 1.75' and a maximum'FAR not to exceed 3.50. , -:. , . -•- ; - • :- . :: -- '- :- . ; designated Hi3toric District and/or Site thc bast FAR shall bc 1.75 and thc maximum allowed FAR shall not cxcccd 3.5 (incrcasc3 beyond thc base FAR shall bc achieved through thc formula act forth in Scction 6 24). B. Lot Area equal Lot Area Lot Area Lot Area Lot Area Lot Area greater to or less than between 22,500 between between 45,000 between 60,000 than 75,000 sq.ft. 22,499 sq.ft. and 37,499 sq.ft. 37,500 and and 59,999 sq.ft. and 74,999 sq.ft. 44,999 sq.ft. 1.Base FAR 1.25 1.85 2.45 3.05 3.65 4.25 2.Maximum FAR 3.00 3.60 4.20 4.80 5.40 6.00 with all bonuses C. Floor Area Ratio Bonus Methodology 1. Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based upon criteria listed in Section 6-24. The maximum increase in the Floor Area Ratio above the base FAR achieved by using the design bonuses is 0.50. 6 • • 2. The second bonus is based on the gross Hotel Unit size. For purposes of this Section, the gross average Hotel Unit size shall be calculated by dividing the gross Building area by the total number of Hotel Units. The below table lists the bonus Floor Area Ratio based upon the gross average Hotel Unit size. Avg.Unit Floor Area 600 650 700 750 800 850 900 950 1000 (gross) Bonus FAR 0.00 0.16 0.31 0.47 0.63 0.78 0.94 1.09 1.25 3. Any number falling between the specified ranges shall be calculated by interpolation. 4. The Maximum Floor Area Ratio with all bonuses is determined by the following formula: Base FAR + Design Bonus + Avg Unit Size Bonus = Maximum Floor (1.25 to 4.25) (0.0 to 0.50) (0.0 to 1.25) Area Ratio based upon Lot Area based on design based on average criteria unit size D. A mixcd HotcUre3idential Devclopmcnt Shall have an FAR calculated in the following manner the n3 set forth in Scction 6 23,A. above. The percentage of Lot Arca corrc3ponding to the residential D- . - ----- - . -- .. . - - -- -- .. •• . . -- .. - E. The Building shall havc central air conditioning or flush mounted wall unit3, however no air conditioning equipment may fact a Street,bay or ocean. * * * SECTION 8. INCLUSION IN ZONING ORDINANCE 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 City 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 9. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 10. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. 7 3 SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of October , 1994. PASSED and ADOPTED this 5th day of October 1994. `•ii ATTEST: C skil t-IcA TY CLERK 1st reading 9/22/94 2nd reading 10/5/94 Shaded=new language Strikeout=deleted language DJG/JGG September 30,1994 c:\wpV'ar2B.adm FORM APPROVED LEGAL DEPT. By J G Date 8 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. 7 q L-9 1" TO: Mayor Seymour Gelber and DATE: Members of the City Commission October 5, 1994 FROM: Roger M. Carltry City Manager SUBJECT: SECOND READING AND PUBLIC HEARING — AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89- 2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS", BY PROVIDING FOR HOTELS TO HAVE THE SAME BASE FAR AS ALLOWED FOR OTHER TYPES OF DEVELOPMENT IN THE SAME ZONING DISTRICT, AMENDING SUBSECTION 6-3, ENTITLED "RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" BY ADDING A UNIT SIZE FAR BONUS SCALE AND BY PROVIDING THAT THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6- 3B, AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY" BY ADDING A HOTEL UNIT SIZE FAR BONUS SCALE, BY ELIMINATING THE PROVISION WHICH INCLUDED UNENCLOSED BALCONIES IN CALCULATING THE AVERAGE UNIT FLOOR AREA, AND BY PROVIDING THAT FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-4B, AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-7, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY" BY MODIFYING THE FLOOR AREA RATIO (FAR) SCALE , BY ADDING A BASE FAR FOR RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT AND ADDING METHODOLOGY FOR CALCULATING BONUS FAR FOR RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT, AND BY DELETING THE REFERENCE TO FLOOR AREA RATIOS FOR HOTEL DEVELOPMENT; AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY PROVIDING THAT THE FAR FOR HOTEL AND RESIDENTIAL DEVELOPMENT SHALL BE AS SET FORTH IN SUBSECTION 6-4B, AND THAT THE FAR FOR HOTEL DEVELOPMENT SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-10, ENTITLED "CCC CIVIC AND CONVENTION CENTER DISTRICT" BY PROVIDING THAT THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-10 AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY REDUCING THE MAXIMUM FAR FOR HOTELS AND BY PROVIDING THAT CONVENTION HOTEL FAR SHALL BE AS SET FORTH IN SUBSECTION 6-23; AMENDING SUBSECTION 6-23, ENTITLED "MAXIMUM FAR FOR HOTEL DEVELOPMENT" BY PROVIDING THAT SAID SUBSECTION SHALL ONLY BE APPLICABLE TO CONVENTION HOTELS AS SPECIFIED IN THE CITY CENTER/ 143 HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND AGENDA ITEM DATE 10- 57-914 % REVITALIZATION PLAN; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. RECOMMENDATION The City Administration recommends adoption, upon a second reading, a corrected version of the Planning Board amending Ordinance regarding the calculation of Floor Area Ratio (FAR) for Hotel Development and the inclusion of average apartment and gross average hotel unit floor area in the FAR bonus system for the RM-2 Districts and a gross average hotel unit floor area bonus scale in the RM-3 Districts. The Administration recommends further that the revised language in the proposed ordinance under Agenda item R-3-L relative to calculation of average unit size for purposes of FAR bonus, be included herein. It should be noted that while the proposed Ordinance would exempt the Convention Center Hotel Site on Collins Avenue between 15th and 16th Streets, (Site 1-A and Site 1-B) , all three (3) finalist projects proposed for the site, in addition to the Sheraton proposal, fall well below a maximum FAR of 4 . 0. The estimated FAR's for these projects are as follows: NAME OF SITE AREA EXISTING GROSS EXISTING FLOOR PROPOSED BUILDING AREA AREA RATIO PROJECT (SQUARE FEET) (SQUARE FEET) (FAR) LOEWS 235, 385 722 , 000 3 . 06 PEABODY 235, 385 761, 386 3.23 HYATT 235, 385 721,384 3. 07 SHERATON 81, 125 218,225 2. 69 Due to the fact that the Convention Hotel Site actually comprises two Zoning Districts and the bulk of the new development under each proposal falls within the CD-3 District, it is probable that the FAR for that portion of the site exceeds 4. 0. Since these numbers are subject to detailed calculation and verification, the administration and staff have recommended excluding the Convention Hotel Site from the proposed amendment to avoid any potential problem. BACKGROUND The Planning Board has requested amendments to the current Development regulations of the Zoning Ordinance resulting from an extensive review and analysis of the density regulations in the - 2 - 144 City's low, medium and high intensity residential districts and medium and high intensity commercial districts. In essence, the amendment would require proposed hotel development to conform to the same development regulations as required for residential apartment buildings within the underlying Zoning District. The reference to the Hotel Floor Area Ratio Methodology (Subsection 6-23) would be removed from all applicable Zoning Districts throughout the City except for the two Convention Hotel Development Site as specified in the City Center/Historic Convention Village Redevelopment Plan. The amendment also adds unit sizes as a component in achieving the maximum FAR in the RM-2 Zoning Districts. On January 5, 1994, the City Commission requested that the Division prepare a study and analysis of the Floor Area Ratios in the City's medium and high intensity residential zoning districts and within the high intensity commercial districts. In response to that request, a joint public workshop was held on February 17, 1994 by the City Commission with all relative City Boards and staff to discuss items related to current FAR requirements and policies. Items for discussion at this initial workshop included the need for quality development, reduction of base FAR's and unit size bonuses, elimination of the parking impact fee for new construction to force developers to provide the required parking, pedestal heights, pedestal setbacks and pedestrian visual impacts, building mass, tower heights and setbacks and the need to modify the sliding scale for FAR's because it is not consistent from district to district. It was concluded that all these items were worthy of further study but that the study on the potential reduction of floor area ratio should proceed immediately. Hotel Development pursuant to Subsection 6-23 was also reviewed in this study. On June 21, 1994, the Planning Board held a second public workshop and specifically discussed and addressed the reduction of the FAR's in the RM-2 (Multi-Family Medium Intensity) , RM-3 (Multi-Family High Intensity) and CD-3 (Commercial High Intensity) , Zoning Districts throughout the City. The workshop also focused on how maximum FAR is achieved and on the issue of unit size as a bonus factor. Hotels are main permitted uses in these districts. At the June 21, 1994, workshop, the Planning Board reviewed a proposed amendment to the Zoning Ordinance prepared by staff for the Administration that set the maximum FAR for development within the high intensity districts at 4.5. Upon further review and discussion, the Board concluded that a further reduction of the maximum permitted FAR was in order to address compatibility of new development (including new hotel development) with the built environment of the respective districts. The board members in attendance informally concurred that a maximum FAR of 4 . 0 was more appropriate within the City of Miami Beach. This was viewed as being more in line with other communities in the county, - 3 - 145 particularly in comparison to the City of Coral Gables which has a maximum FAR of 3 . 0 and to that of the City of Bal Harbour which has a maximum FAR of 2 .8. A new amendment to address the elimination of the hotel overlay zone (Subsection 6-23) and the inclusion of a floor area ratio bonus methodology for hotel units was proposed at this workshop. The amendment was also to include unit size as a component in achieving maximum FAR in the RM-1 and RM-2 districts. The application to place this amendment on the Planning Board agenda for the July 26, 1994, meeting was signed by the Chairperson, Ms. Joy Alschuler, on June 23 , 1994. The Planning Board voted 4-2 at its regular meeting on June 28, 1994 to recommend approval of its alternate FAR Ordinance (Reduction to 4. 0 maximum FAR) . The Administration subsequently concluded, based upon a recommendation from the Planning Director, that a compromise between the two alternate Ordinances would be appropriate. Taking the Planning Board's alternate Ordinance, and adding an additional category for large sites in the RM-3 and CD-3 districts, would be such a compromise. Allowing a maximum FAR of 4 .5 on significantly larger sites, over 100, 000 square feet or greater, makes sense in that these larger sites can more readily accommodate higher density and can have greater flexibility in how such density is to be configured and massed on the property. The Administration had requested that the Hotel Overlay Clarification Ordinance (attached) go before the City Commission simultaneously with the two alternate FAR Reduction Ordinances because of their cumulative effect on all new residential development. The Planning Board held a public hearing on July 26, 1994, and voted 4-1 to recommend approval of an alternate Hotel Overlay Clarification Ordinance version with minor changes to the original amending Ordinance (see attached Ordinance #1) . The City Commission, on September 8, 1994, adopted on first reading, the Administration's Corrected Version of the amending ordinance (see attached Ordinance #2) . ANALYSIS The Planning Board's original version (Ordinance As Adopted By Planning Board "1") removed references to bonuses for average unit size in the RM-1 Districts (which do not allow Hotel Development) and modified the calculation for bonuses based on average hotel unit size. The Administration's version (Ordinance As Corrected By Administration "2") represents a corrected version of the one - 4 - 146 recommended for approval by the Planning Board. The Ordinance recommended by the Board ("1") includes a F.A.R. bonus schedule mistakenly based on net average hotel unit size, even though the Ordinance was modified to base the bonus on gross average square footage of the hotel. The bonus scale numbers must be modified, as indicated in the corrected Ordinance ("2") . If this correction were not made, even a hotel with the minimum net unit size (335 sq. ft. ) as required by the Zoning code could achieve a substantial F.A.R. bonus, thereby defeating the purpose of the bonus system. The Administration' s Ordinance ("2") is also corrected to clarify three (3) other provisions: (1) - A methodology for calculating mixed hotel/residential development unit size bonus has been included for each district since this was removed from Subsection 6-23 , and, (2) - The language in Subsection 6-23 has been further amended to clarify that it relates only to the Convention Hotels proposed on Sites 1-A and 1-B in the City Center/Historic Convention Village Redevelopment and Revitalization Area, and finally, (3) - The language in Subsection 6-8B has been clarified relative to F.A.R. for residential development, inclusive of hotels, outside of the Architectural District and east of Collins Avenue, inside of the Architectural District. Section 1 of the amendment introduces a Floor Area Ratio Bonus methodology in the RM-2 Residential Multi-Family, Medium Intensity District which also includes an average hotel unit floor area sliding bonus scale. It should be noted, that a project providing the minimum average apartment unit floor area of 800 sq. ft. , will not be able to reach maximum FAR for the site because the maximum total bonus of 0.50 in additional floor area is achieved by a Design Bonus of 0.25 and an Average Unit Size of 0.25, (based on a 1300 sq. ft. average unit size) . New development in the RM-2 District would not be able to attain the Maximum FAR for the site unless the project proposed apartment units with an average floor area of 1300 sq. ft. or hotel rooms with a gross average floor area of 750 square feet. The old reference to Floor Area Ratio for Hotel Development (Subsection 6-23) is deleted. Section 2 also deletes the reference to Subsection 6-23 for the RM- 3 Residential Multi-Family, High Intensity District. A Gross Average Hotel Unit Floor Area Bonus Scale is added to the Floor Area Ratio Methodology that would permit an additional 0. 50 of floor area to be added to base FAR for hotel development to reach maximum FAR. The project would be required to provide a gross average hotel unit floor area of 1, 000 sq. ft. , to reach maximum FAR (including a maximum 0. 50 in Design Bonuses) . This section deletes the reference to balconies being included in the average floor area computations for units, but not in the Floor Area Ratio calculation and clarifies the FAR calculation for mixed Hotel/Residential Development. - 5 - 147 In Section 3 , the CD-2 Commercial, Medium Intensity District would be amended to add a provision that clarifies residential construction development guidelines. New residential construction, including hotels, would conform to the RM-2 development regulations as outlined in Section 2, above. The reference to the old Subsection 6-23 (Floor Area Ratio for Hotel Development) is deleted. In Section 4 , the CD-3 Commercial, High Intensity District would be amended to also clarify residential and hotel development within this district. New residential construction, including hotels, would conform to the RM-3 development regulations as outlined in Section 3, above, except for Convention Hotel Development as set forth in an amended Subsection 6-23 described under Section 7, herein. The reference to Floor Area Ratio for Hotel Development (Subsection 6-23) is again deleted from this category. In Section 5, CCC Civic and Convention Center District, the reference to Floor Area Ratio for Hotel Development (Subsection 6- 23) is deleted from this category. All construction within this district, including hotels, would follow the existing FAR sliding scale. Section 6 of the proposed corrected amendment includes hotels, except for Convention Hotel Development (C.H.D. ) , to have the same FAR as other developments in the MXE Mixed Use Entertainment District. There is special reference to Subsection 6-23 for the Convention Hotel site on Collins Avenue between 15th and 16th streets. Section 7 amends Subsection 6-23 to apply only to Convention Hotel Development on the proposed Site 1-A and 1-B as specified in the City Center/Historic Convention Village Redevelopment and Revitalization Plan. The FAR for sites in excess of 75, 000 sq. ft. would remain at a base 4 . 25 FAR and a maximum of 6. 0 FAR. The former references to mixed Hotel/residential Development FAR calculations and air conditioning guidelines are removed. The reduction in Floor Area Ratio and including unit sizes for FAR bonuses, are important planning tools to help foster quality development within the City. FAR's in the City's low, medium and higher intensity districts which is more consistent with the built environment would greatly assist in making new development compatible and would also address important Comprehensive Plan policies, as described below. Hotels should be built at the same density as that which is permitted for other types of development. The future study of the relationship between building heights, pedestal heights and setbacks will also be required to ascertain the overall effect of these factors on new development within the City of Miami Beach and the need for Zoning Ordinance amendments to address these areas of concern. 148 - 6 - REVIEW CRITERIA In reviewing a request for an amendment of this type to the Zoning Ordinance or a change in land use, the Planning Board and City Commission should consider the following criteria: 1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any applicable neighborhood or Redevelopment Plans; Consistent - The reduction of maximum FAR would result in a significant reduction in potential densities throughout the City. This reduction would meet the criteria for public purpose basis as contained in the 9J-5 legislation of the State Statutes. The reduction of FAR and the resulting potential reduction in population densities, (includes transient) , is in compliance with the Florida Department of Community Affairs objective to foster improved hurricane evacuation response times in high hazard areas, especially on oceanfront properties. The reduction in FAR and the potential reduction of the number of new hotel units that feasibly may be built within these districts in the future also conforms to the DCA objective to reduce the densities in high hazard areas. (See Review criteria #3 below) . The reduction in FAR is consistent with the Future Land Use Map, (FLUM) , of the Miami Beach Comprehensive Plan in that the proposed FAR densities are no greater than those indicated on said map. The reduction in FAR is consistent with Policy 1.2 of the Future Land Use Element (FLUE) , which under the Density and Intensity Implementation Criteria, in part, states, "The City Commission shall adjust the special standards from time to time as needed to ensure that the net increase in the total number of units permitted in this land use category Citywide shall indeed not exceed twenty percent (20%) of the maximum number that would otherwise result from the by right density limits of the category. " - 7 - 149 The reduction in FAR is consistent with Policy 1. 3 of the (FLUE) which states, "Land development regulations shall continue to address the location and extent of non- residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes and intensities of land uses contained in this Element. " The reduction in FAR is consistent with Policy 1.4 of the (FLUE) which identifies the need to continue development regulations that address buffering and open space requirements and quality of design and aesthetics for new development. The amendment is also consistent with Objective 4: Hurricane Evacuation of the (FLUE) which requires the City of Miami Beach to coordinate (i.e. , coastal area) population densities, (including transient) , with the Metropolitan Dade County Emergency Operations Plan, which is the local hurricane evacuation plan for Miami Beach, and the Lower Southeast Florida Hurricane Evacuation Plan, which is the regional evacuation plan for the City by approving no Future Land Use map or zoning map amendments that increase density. Policy 4. 1 states, "Permitted City population densities shall be reduced to better conform with the 1991 Lower Southeast Florida Hurricane Evacuation Study as revised by the U.S. Army Corp of Engineers and the National Hurricane Center, and, Policy 4.2 states, "Permitted City population densities shall be reduced to better conform with the Metropolitan Dade County Office of Emergency Management's 1991 Emergency Operations Plan and the experience with Hurricane Andrew" . 2 . Whether the proposed change would create an isolated district unrelated to adjacent or nearby districts; Not Applicable - This review criteria is not applicable to this Zoning Ordinance amendment. 3 . Whether the change suggested is out of scale with the needs of the neighborhood or the City; - 8 - 1U Consistent - The amendment is consistent with the City's identified need (see the 1992 Community Visions Goal, Objective and Policy Options Report for further details) to reduce the amount of future traffic, facilitate hurricane evacuation, conform with the Rule 9J-5, FAC hurricane hazard area mandates as presently interpreted by the Florida DCA, encourage residential reinvestment over a broad area, and ensure development with increased access to light, air and views. The amendment will encourage new development that is more in scale with the built environment of the City's low, medium and high intensity zoning districts. 4 . Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - The LOS for public facilities and infrastructure would not be negatively affected by the change. The future potential LOS should be improved based on the potential decreased density (# of apartment and hotel units) , of the new development that would result from the reduced FAR's. 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable - This review criteria is not applicable to the Zoning Ordinance amendment. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Consistent - This change will limit the density of new development. Recent new developments which have been approved for permit or which are now under construction provide evidence that the existing maximum FAR' s are too high in allowing development which is completely out of character with the surrounding neighborhoods. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Consistent - The decreased density resulting from the new development built under the proposed reduced - 9 - YJI new FAR regulations, (removal of the Hotel Development overlay - Subsection 6-23) , would have a far less effect on the surrounding properties than the existing FAR regulations that permit certain new construction with a FAR maximum as high as 6. 0. Development that is more consistent with existing neighborhood character should help to maintain or improve living conditions. The introduction of unit size bonuses in the RM-1 and RM-2 districts should also encourage larger apartment units. 8 . Whether the proposed change will create or excessively increase traffic congestion beyond the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety; Consistent - The amendment would reduce any future increased traffic in the event new hotel construction is built within the affected districts. The change would not increase traffic congestion beyond the existing LOS established for the City. 9 . Whether the proposed change will seriously reduce light and air to adjacent properties; Consistent - The current RM-2 , RM-3 and CD-3 designations do not at the present time have a height restriction. However, the reduction of FAR would decrease the allowable floor area of proposed new buildings which should lessen the potential for future development to seriously reduce light and air. The amendment is consistent with Policy 1. 1 of the (FLUE) which in part states the City will, "Continue to administer land development regulations (LDR) consistent with s. 163 . 3202, F.S. that shall contain specific and detailed provisions required to implement the adopted Comprehensive Plan and which at a minimum: - Regulate the use of land and water consistent with this element and ensure the compatibility of adjacent land uses and provide for open space, etc. " 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - The surrounding property values should not be affected negatively by the reduction in FAR. - 10 - 1S2 Indeed, surrounding property values may be improved with the knowledge that new development will be more consistent with existing development patterns. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Consistent - The amendment removing the Hotel Development overlay FAR scale and separately adding unit size bonuses in the RM-1 and RM-2 districts will not change the development regulations for adjacent sites which must comply with their own site specific development regulations. Furthermore, the amendment to the Zoning Ordinance should not affect the ability for an adjacent property to be developed in accordance with said regulations. 12 . Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Consistent - The reduction of the FAR in a particular district will not effect the use of the property. 13 . Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Not Applicable - This review criteria is not applicable to the amendment of the Zoning Ordinance. CONCLUSION The Administration has concluded, based on the above, that the City Commission should adopt on second reading the Administration's Corrected Version ("2") of the amending Ordinance, with the additional changed language under Sub-Section 6-4 B.2 (b) regarding the calculation of average unit sizes. This changed language would include that part of private unenclosed balconies which are now included in the FAR in the computation of average unit sizes. DJG\MHF\DISK#7\1194CM1.94 - 11 - 153 i a) U f"+ LH • 0 •ri• (1) 'd I-1 • 0 • 0 'd • a) • .7 bO,C • Gl g V • v •ri to • 0 o N cct • a) • bo a Z •H V) Z r4 v 0 H U (L) •ri C.7 .0 a) 4..J zZ f(j r-i 0Q E ago PCI O it a) 0 ) '.o ao:ssi G I v ri 0\ •ri c0 O 4-.. a) • v) 0 t