Ordinance 98-3107•
10.
•‘i.1•
PLANNING BOARD - ALTERNAT ,VERMON " r
.1
ORDINANCE NO. 98-3107
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE
NO. 89-2665, BY:
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS",
BY DELETING THE MAXIMUM FLOOR AREA RATIO WITH BONUS CATEGORY
(AND FLOOR AREA RATIOS SPECIFIED THEREIN) AND FLOOR AREA RATIO
BONUS METHODOLOGY AND MODIFYING THE RESULTING MAXIMUM FLOOR
AREA RATIOS FOR THE FOLLOWING SUBSECTIONS: 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 FAMILY, MEDIUM INTENSITY", SUBSECTION 6-4,
ENTITLED "RM -3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY",
SUBSECTION 6-6, ENTITLED "CD -1 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 6-14,
ENTITLED "I-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 6-18, ENTITLED "TH
TOWNHOME RESIDENTIAL DISTRICT", SUBSECTION 6-19, ENTITLED "WD -1
WATERWAY DISTRICT", SUBSECTION 6-20, ENTITLED "WD -2 WATERWAY
DISTRICT" AND SUBSECTION 6-23, ENTITLED "MAXIMUM FAR FOR
CONVENTION HOTEL DEVELOPMENT CITY CENTER / HISTORIC CONVENTION
VILLAGE REDEVELOPMENT AND REVITALIZATION AREA"; AND DELETING OR
CONSOLIDATING CERTAIN LOT SIZE CATEGORIES SPECIFYING FLOOR AREA
RATIOS FOR THE FOLLOWING SUBSECTIONS: SUBSECTION 6-2, ENTITLED "RM -
1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY", SUBSECTION 6-3, ENTITLED
"RM -2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY", SUBSECTION 6-4,
ENTITLED "RM -3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY",
SUBSECTION 6-8, ENTITLED "CD -3 COMMERCIAL, HIGH INTENSITY";
AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" BY
DELETING SUBSECTION 6-24, ENTITLED "SCHEDULE OF DESIGN BONUSES";
AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS"
AMENDING SUBSECTION 6-25, ENTITLED "SUPPLEMENTARY YARD
REGULATIONS" BY REMOVING THE REFERENCE TO DESIGN BONUSES FOR
PARKING GARAGES;
AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS"
AMENDING SUBSECTION 6-29, ENTITLED "TRANSFER OF DEVELOPMENT
RIGHTS (UNUSED FLOOR AREA)" BY REMOVING THE REFERENCE TO DESIGN
BONUSES FOR THE PURPOSES OF TRANSFERRING FLOOR AREA;
1
• c.
AMENDING SECTION 16, ENTITLED "BOARD OF ADJUSTMENT" AMENDING
SUBSECTION 16-8, ENTITLED "POWERS AND DUTIES" BY REMOVING THE
REFERENCE TO AVERAGE UNIT SIZE BONUS FROM THE LIST OF POWERS AND
DUTIES;
AMENDING SECTION 18, ENTITLED "DESIGN REVIEW BOARD" AMENDING
SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES," AMENDING
SUBSECTION 18-2 (A) ENTITLED "DESIGN REVIEW CRITERIA" BY REMOVING
THE REFERENCE TO FLOOR AREA RATIO BONUSES AND BY ADDING NEW
CRITERIA TO ADDRESS DESIGN ISSUES,
AMENDING SUBSECTION 20, ENTITLED "PS PERFORMANCE STANDARD
DISTRICTS" AMENDING SUBSECTION 20-4, ENTITLED "PERFORMANCE
STANDARD REGULATIONS", AMENDING SUBSECTIONS 20-4, (B), (D), (G) AND
(I) BY DELETING THE MAXIMUM FLOOR AREA RATIO WITH BONUS
CATEGORY (AND FLOOR AREA RATIOS SPECIFIED THEREIN) AND FLOOR
AREA RATIO BONUS METHODOLOGY IN ALL PERFORMANCE STANDARD
DISTRICTS, DESCRIBED AS: R-PS1, RESIDENTIAL MEDIUM - LOW DENSITY, R-
PS2, RESIDENTIAL MEDIUM DENSITY, R-PS3, RESIDENTIAL MEDIUM HIGH
DENSITY, R-PS4, RESIDENTIAL HIGH DENSITY, C-PS1, COMMERCIAL LIMITED
MIXED-USE, C-PS2, COMMERCIAL GENERAL MIXED-USE, C-PS3, COMMERCIAL
INTENSIVE MIXED-USE, C-PS4, COMMERCIAL INTENSIVE MIXED-USE PHASED
BAYSIDE AND RM -PS 1, ENTITLED "RESIDENTIAL LIMITED MIXED USE"; AND,
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have
determined that changes relative to development regulations are necessary to ensure that new and
future development is in the best interest of the City; and,
WHEREAS, the Mayor and Commission of the City of Miami Beach, Florida, have
determined that increases to the base floor area ratios by utilizing the current bonus methodology
are not in the best interests of the City; 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 CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-
2665 of the City of Miami Beach, Florida is hereby amended as follows:
SECTION 6
SCHEDULE OF DISTRICT REGULATIONS
* * *
2
•
6-2 RM -1 RESIDENTIAL MULTI FAMILY, LOW INTENSITY.
* * *
B. Development Regulations
•
* * *
6-2.1 RM -PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT.
* * *
B. Development Regulations
1. Base
Max. FAR
Lot Area equal to or less
than 15,000 sq.ft.
Lot Area between -greater
than 15.000
1
t
40;G04-914
5. Min.
Unit Size
(sq.ft.)
307999 sq.ft.
1. Base Max. FAR
8. Max.
No. of
Stories
A rcLLccturint 1 1
c_t _idc -f Collina A vcnuc
Strcct 1.4
A-chitcctural Di3trict
etherroise-44
, 1
Ar_h:tc_turpl Di3triet 0 -,5
10 acres
west side of Collins
Avenue between 76th and
79th Street - 1.4
otherwise 4-91.25
-
o hCrwi3C 1.25
New
Constructi
on- 1000
2 ltoci ximu_n F. A n . itsWest-sitle-of--C-elbbs
79th Street 1.4
-1- �7
A -chitcctur..1 3istriet 1
otherwise -270
6
ethcrw e-
* * *
6-2.1 RM -PRD MULTI FAMILY, PLANNED RESIDENTIAL DEVELOPMENT.
* * *
B. Development Regulations
1. Base
Max. FAR
2. Max.
3. Min.
Lot Area
(acres)
4. Min.
Lot Width
(feet)
5. Min.
Unit Size
(sq.ft.)
6. Avg.
Unit Size
(sq. ft.)
7. Max.
Bldg.
Height
(feet)
8. Max.
No. of
Stories
FAR -w4
Boars
1.60
10 acres
N/A
New
Constructi
on -750
New
Constructi
on- 1000
120 ft.
13
* * *
3
6-3 RM -2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY.
* * *
B. Development Regulations
• --
I) Floor Arca Ratio bonuscs arc achicvcd in two ways. Thc first is a bonus for
2) Thc sccond bonus is ba3cd on the avcragc Floor Arca of the Apartmcnt Units or
fig-
Lot Area
equal to or
Less than
00030,000
sq.ft.
Lot Area
between
30,000-9017
bet -Area
between
38709-1-ar
457800
Lot Area
over
5,00030,000
sq.ft.
1. Base Max.
4421
44-S
4
2.25
FAR
2z Maximum
FAR -with
bentts-(See
Scc. 24).
2
2.25
273
2.75
• --
I) Floor Arca Ratio bonuscs arc achicvcd in two ways. Thc first is a bonus for
2) Thc sccond bonus is ba3cd on the avcragc Floor Arca of the Apartmcnt Units or
fig-
808
900
+008
-1-1.08
+208
+38
Apartment-14ttit
0:90
0:05
04
045
074
0
Fleer-Area
5
$antr3-FAR
000
0703
0-10
045
072
0723
Gress-Avg.11otel
300
550
600
650
900
438
Betws-FAR
0:90
0:05
04
045
074
074
5
4
c. Any number falling bctwccn the specified ranges shall be calculated by interpolation.
formula: -
(1.50 to 2.25)(07040-072.5)
Design -Bonus
based-on-f}esigft
eriteria
Benita
(0.O to 0.25 )
based -ea -average
unit -size
Maxitj�um Floor
Area -Ratio
Section 6 4,B.2.a.
6-4 RM -3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY.
B. Development Regulations
* * *
* * *
a. Floor Arca Ratio Bonu3 Methodology
1) Floor Area Ratio bonuses are aehieved in two ways. The first is a bonus for design
5
Lot Area
equal to or
less than
x-5,000
30.000 sq.ft.
Lot Area
between
155,00 -1 -and
30,000 3g.ft-
Lot Area
between
30,001 and
45,000 sq.ft.
Lot Area
between
45,001 and
60,000 sq.ft.
Lot Area
between
60,001 and
100,000
sq.ft.
Lot Area
greater than
100,000 sq.
ft.
1. Base
Max. FAR
1.50 2_5
2490-
2.50 2.75
3.00
3.25
3.50
2. 'z m
F A n with
1"7'ti Il'"�PlLii
all-beftti3c3
(Scc Scc. 6
24)
2.50
3-00-
3.50
400--
4.25
4-50--
a. Floor Arca Ratio Bonu3 Methodology
1) Floor Area Ratio bonuses are aehieved in two ways. The first is a bonus for design
5
2) The second bonus is based on thc average Floor Arca of the Apartment Units or
Avg. Fleer
800
998
4-0e0
4400
400
4-300
4409
4309
4-600
954
Afea
Ayr
Berm3-FA4
9700
4:0625
042-5
0.1875
83-50
0.3125
04-7-5
974375
0758
Gress
380
338
600
638
400
450
888
858
908
954
4.009
Ayr
Hefei
13Mt
Reef
Area
8eee3
0700
044
048
043
040
045
044
045
948
045
0750
FAR
c. Any number falling between thc speeificd ranges shall be calculated by interpolation.
c. Mixed Hotel/residential Development shall have the unit size bonus calculated in the
6
g
Base -FAR -
(1.50 to 3.50)
-4-
Design-13enus
based -en -design
eriteria
-4-
Bonu3
(0.0 te-0.50)
based -eft -average
wet site
Area -Retie
* * *
6-6 CD -1 COMMERCIAL, LOW INTENSITY.
* * *
B. Development Regulations
1. Base-
Max. FAR
2144tix. AR
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
(feet)
(Scc Scc. 6
24)
0411
170
Comm. -
none
Comm. -
none
Comm. - N/A
Comm. - N/A
40
New
New
Res. - 5,600
Res. - 50
Construction-
Construction -
550
800
Rehabilitated
Rehabilitated
Buildings - 400
Buildings - 550
Hotel Unit
Hotel Units -N/A
I5%: 300-335
85%: 335+
* * *
7
6-7 CD -2 COMMERCIAL, MEDIUM INTENSITY.
* * *
B. Development Regulations
1 Base Max.
211.1.1,-24.1i
genas
Sec.
Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt.
Unit Size
(sq. ft.)
7. Max.
Bldg.
Height
(feet)
FAR
(flee
6-24)
4-8
2.50
Comm. -
none
Comm. -
none
Comm. - N/A
Comm. - N/A
I Historic
District -
--244
Residential
Residential
2.50
3.00
New Construction
New Construction
50
anti
end -Apart-
Res. -
Res. - 50
- 550
- 800
Apsntment{
cm tel
7,000
otherwise
ete1
Devrelopmen
Rehabilitated
Rehabilitated
- 75
Development
- 1.5
t-shall-fellew
the FAR
bends
ntethedelogy-
Buildings - 400
Hotel Unit
15%: 300-335
Buildings - 550
Hotel Units - N/A
85%: 335+
in-Seetien-6-
3,B.2.e,
*
6-8 CD -3 COMMERCIAL, HIGH INTENSITY.
* * *
B. Development Regulations
*
8
Lot Area
equal to or
less than
35300030.000
Lot -Area
between
45,001 -and
38;000 -sit
Lot Area
between
30,001 and
45,000 sq.ft.
Lot Area
between
45,001 and
100,000
sq.ft.
Lot Area
greater than
100,000
sq.ft.
sq.ft.
1
.
Base Max.
2.00 2.50
2.50
3.00
3.50
4.00
FAR
2.
-
Mmeimum
FAR-with�L
bonIIc3
(Sec Sec. 6
24)
2.50
3.00
3.50
480—
4.50
8
a. However, the Floor Area Ratio range maximum for residential development, inclusive
of hotels, in the Architectural District shall be 2.50 1.25 to 3.0. Thc Floor Arca Ratio
District the Floor Arca Ratio3 shall be as set forth in Subsection 6-4,B. Ilowcvcr,
in Scction 6 23.
b. Thc unit size bonu3 for mixed hotel/residential developments shall be as sct forth in
Scction 6 A n 2.
* * *
6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT.
* * *
B. Development Regulations
6-11 GC GOLF COURSE DISTRICT.
B. Development Regulations
*
*
*
* * *
1.Bese Max.
Lot Area
equal to or
less than
22,499 sq.ft.
Lot Area
between
22,500 and
37,499 sq.ft.
Lot Area be-
tween 37,500
and 44,999
sq.ft.
Lot Area be-
tween 45,000
and 59,999
sq.ft.
Lot Area be-
tween 60,000
and 74,999
sq.ft.
Lot Area
greater than
75,000 sq.ft.
1
.
Base Max.
1.25
2.00
2.75
3.50
4.25
5.00
FAR
2
Maximum
F A n ....ti.
T7'S7C'OPlAT
Scc. 6
2.25
X00
3.75
4.50
5.25
—6.00
(Scc
6-11 GC GOLF COURSE DISTRICT.
B. Development Regulations
*
*
*
* * *
1.Bese Max.
2. Max. FAR
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt.
Unit Size
(sq. ft.)
7. Max.
Bldg.
Height
(feet)
FARw�nu3
N/A
N/A
N/A
N/A
N/A
N/A
33
* * *
9
6-14 I-1 LIGHT INDUSTRIAL DISTRICT.
* * *
B. Development Regulations
1. Base Max.
2.Max. FAR
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6.
Avg. Apt
Unit Size
(sq. ft.)
7.
Max.
Bldg
Height
(feet)
—with -bones
FAR
1.0
N/A
None
None
N/A
N/A
40
* * *
6-15 MR MARINE RECREATION DISTRICT.
* * *
B. Development Regulations
1. Base
Max. FAR
2. R
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
(feet)
with -bents
(Scc Scc. 6
24)
0.25
0.75
N/A
N/A
N/A
'
N/A
40
* * *
10
6-16 MXE MIXED USE ENTERTAINMENT DISTRICT.
* * *
B. Development Regulations
1. Base Max.
2.Max. FAR
3Min. Lot
Area
(sq. ft.)
4Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
(feet)
bonu3
FARworth
All uses -+
All -uses -379
N/A
N/A
Existing
Existing
Architectural
2.0
Structures:
Structures:
District:
Except
£heept
Apt Units - 400
Apt Units - 550
Oceanfront - 150
Convention
Eenventien
Hotel Units - in a
Hotel Units - N/A
Non-oceanfrt -
Hotel
Hotel
Local Historic
50
Development
(as set forth
Develepment
District/Site - 200,
otherwise
New
construction:
Ocean Drive/
in Section 6-
fits -set -forth -ill
15%: 300-335
Apt Units - 800
Collins Avenue
23) 5-
Seetienr6-23-)
85%: 335+
Hotel Units - N/A
Historic District -
-
5
3.50.
See Section 6 -
New
construction:
16.E.
Apt Units - 550
Hotel Units -
All other areas:
15%: 300 - 335
75'.
85%: 335+
* * *
6-17 RO RESIDENTIAL/OFFICE DISTRICT.
* * *
B. Development Regulations
1. Base-
Max. FAR
2.Max. FAR
3Min. Lot
Area
(sq. ft.)
4Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
(feet)
banns
Sce. 6
(Sec
24)
.75
1.25
Res. -
6,000
Off. - none
Res. - 50
Off. - none
Single Family -
1,800
Multi Family - 550
Off. = N/A
Single Family -
N/A
Multi Family - 800
Off. = N/A
33
* * *
11
6-18 TH TOWNHOME RESIDENTIAL DISTRICT.
* * *
B. Development Regulations
1.13tt3e-
Max. FAR—with-bents
244to&FAR
(Scc Scc. 6
3Min. Lot
Area
(sq. ft.)
4Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max.
Bldg
Height
FAR
N/A
24}
N/A
N/A
40
1
(feet)
er7 0.75
--2
5,000
50
900
1,100
40
* * *
6-19 WD -1 WATERWAY DISTRICT.
B. Development Regulations
1. Base-
Max. FAR
2. R
—with -bones
3Min. Lot
Area
(sq. ft.)
4Min. Lot
Width
(feet)
5. Max. Floor.
Area of Bldg.
(sq.ft.)
6. Max. No. of
Bldgs. per
site
7. Max.
Bldg
Height
(feet)
FAR
N/A
14
N/A
N/A
40
1
12 - must use
pitched roof
* * *
6-20 WD -2 WATERWAY DISTRICT.
* * *
B. Development Regulations
1. Bose- Max.
2�--, F7414
—with -Hexes
--(See•Seet-644)
3. Min. Lot
Area
(sq. ft.)
4. Min. Lot
Width
(feet)
5. Min. Apt.
Unit Size
(sq.ft.)
6. Avg. Apt
Unit Size
(sq. ft.)
7. Max. Bldg
Height
(feet)
FAR
.01
-58
N/A
N/A
N/A
N/A
15
* * *
12
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 maximum FAR
of 3.50 1.75 and a maximum FAR not to cxcccd 3.50.
B.
Lot Arca equal
to or Tess than
22,499 sq.ft.
Lot Area
between 22,500
and 37,499 sq.ft.
Lot Area
between
37,500 and
44,999 sq.ft.
Lot Area
between 45,000
and 59,999 sq.ft.
Lot Area
between 60,000
and 74,999 sq.ft.
Lot Area greater
than 75,000 sq.ft.
1. Base- Max. FAR
1.25
1.85
2.45
3.05
3.65
4.25
8-4-7
3.99
348
448
448
5-49
688
C. Floor Area Ratio Bonus Methodology
1. Floor Arca Ratio bonuses arc achieved in two ways. Thc first is a bonus for
botieses 13 n 50
2. Thc second bonus is based on thc gross Hotel Unit sizc. For purposes of this
(ems)
600
650
400
439
800
839
900
939
+009
Beftes-FAR
0700
046
973+
8-4-7
0763
078
094
•
4799
+25
3. Any numbcr falling bctwccn thc specified ranges shall be calculated by
interpolation:-
4.
nterpolatiom
4. Thc Maximum Floor Arca Ratio with all bonuses is determined by the
(1.25 to4.25)
i Area
-+
Design -Bents
ertterie
(0.0 to 1.25)
e
unit -size
f -.leer
Area -Retie
13
SECTION 2. That Subsection 6-24, entitled "Schedule of Design Bonuses" of Section 6, entitled
"Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida
is hereby deleted:
6-24 SCHEDULE OF DESIGN BONUSES
A. Gcncral provisions
1. Thc total bonuscs shall not exceed thc maximum bonus as sct forth in the
2. All Sitc Plans shall bc consistcnt with thc Comprehensive Plan and
-
3. Thc Privatc Scctor Development Controls and Guidclincs (Ordinance No.
77-2099) as amcndcd, shall be used as thc guidc in determining thc amount
4. Whcn a project is in thc Architectural District, thc plana shall bc consistcnt
for Rchabilitating Ilistoric Structures, U.S. Department of thc Interior
5. For a projcct to receive a Floor Arca Ratio bonus bascd on design, it must at
6. The maximum Floor Arca Ratio bonus which is achicvcd through thc design
Distriet
7. Dcsign bonuses to existing Buildings arc addcd to thc existing
14
Category
1. Dcsign and Planning
a.
—d
2. Building Features
Bonus Factors
Arcadcs considering pedestrian acccss,
•
circulation pattern, rclationship to
architectural and urban design fcaturcs,
Opcn Spacc arcas shall be open to thc sky.
arca that results
from
the
setback
Parking Impact Fee Program. 4.
through thc Site or thc Building. This
9utleer-Ca€e:
of 1,000 square fcct. Dircct acccss to
are-eneetrraged .
15
FAR Bonua
.05
.01 for cvcry 10°/J
that cxcccds the
thc required
3ctbacks, not to
cxcccd .05
.05 per 7,500 sq. ft.
fraction thcrcof
of Lot Arca, not to
cxcccd .25.
.01 per space, not
to cxcccd 0.25.
.05
.005 per 4 scats,
tettc
.01 per 1,250 sq. ft.
ogee, net
to cxcccd .05
p3
T 7otel
nr
R-egister
-
Marina. 4.
16
.005 per IIotcl
_ela
0
.01 per 500 sq. ft.
of—public—meeting
spacc, not to
cxcccd 0.25.
.01 per 500 sq. ft.
g
spacc, not to
cxcccd 0.25.
.05
.01 per 50 sq. ft. or
fraction thcrcof not
to -exceed .05
0.01 per fcaturc,
max. 0.05.
0.01 fer-every 10%
fraction ther f
cxcccd 0.05
0.05
0.05
0.05
3. Sitc Fcatures
14144ssaping -44
p
provisions, irrigation and rclation3hip to
rte-
plantinr
17
0.025
0.025
0.025
.05
.05
.05
.05
.01 for cvcry 10%
of rooftop arca
lantl3capc spaee
not to cxcccd .05.
g.
4. Physical Critcria
nccdcd unity. Considcration to acccnt
0.025
0.025
0.025
0.025
Landscaping of balconics and othcr 0.025
pro ectionc. lat nterc. etn i K
For bayfront/occanfront buildings 0.025
1444144U144-4-1-15°4-, an ft u
18
Gated underground.
.05
.05
5. Site Improvemcnts
enclosed or screened.
:
Yard, occupying a minimum of 15% of
1 tuil gwidth-'
.05
0.025
0.025
0.025
Signs and Graphics rclating to public .05
scalc.
.05
Public Art con3idcring acccssibility and .05
1:3t,a.. nbabo_.e
19
d-
sound, rcflcction, rccrcation, cooling cffcct,
feet nt
Dcsign (CPTED) compliancc - this bonus
.05
.05
.05
design -bonuses
Ilistorical markcrs - a minimum of two
20
.05
.25
.25
.05
.25
f.
g.
of historic significance.
exce ;s of the minimum average unit size.
.05 -
For each 50 sq.ft.
.01, max. .05.
h. Replacement of an exterior architectural 0.025
feature or fixture that has been rcmoved.4.
Naming of structure by its original 0.02-5
architectural name.�
2
APPLICATION
MAX
BONUS FACTORS
NEW
-A-1414-TIONS
TO EXIST.
FAR
BONUS
BONUS
--
X
X
0.025 per250
Shall n ..
CH -
d
.... . . .. . .
. .. ..
• - - - - - -
, r ,•
.
be from For
•
X
0.05 for
2.
Open Space areas 3ha11 open ground to the 3ky. the
--
"
every 10% that
exeeeds
die -area
resulting
from -the
..ba
ttet
exceed
0-
::
.. .. _ :. .. . •
:
- -
Es-
3.
Parking Alley Street
X
acec3s to parking via the or side 3o that the
0-5,9
neighboring 11i3toric Buildings.
2
BONUS FACTORS
APPLICATION
MAX
NEW
TO EXIST.
FAR
—GONSTR:
BONUS
X
4—I-
.. - - ...
'
• ' '• ..
e
• • •; - 6 _ " _ _ _ _ -
X
- . . • • • ; - • • : • • . •
0.25
• - •• • •
'
X
0.025 for
each 25 3q.ft. of
MMiai D,. -.-.,.
hat
shall
cxeeef
04
• • . .. .
j •
-- - - • • - -
' - • .:
• . • . • • • • . • •' .
7. Door Window Alignment Doors
X
0724.
and and windows substantially
_ • - • •'
:-
Sccrctary Interior Ccrtification
04
S. of the the architectural plans,
X
Statc Iliatoric Preservation Officcr being
as consistent with the
Sccrctary Interior's Standards.
U.S. of the
_ _ . - • __ p- • •
X
0.1 far
- - • - • • • _ • - •
eacI4-10,000-of
rester-
aha riot
• • • . • • • • . • , .
- •
.. ... • • . •
----- - - •• •
. •• . .
be Such
elements arc required to repaired). elements
• • -; :
• • • • • • • • • b-, . • • . ,
cxcccd C
t • - - .
011�I�-fo-r�- //,,
. • • •
X
of restor
mien -east.
Bouts
3ha•Ilnet
exceed 0.3
22
BONUS FACTORS
APPLICATION
MAX
NEW
TO EXIST.
FAR
^^�R-;
BONUS
11. Replication Building Sign(3) ba3ed
X
0.025 for
paimed
Bigns;
.05
00-50
f=lat
ttee3i7
metal--er
letters;
0.075 for
of original rcplication on
- - :. '
. _ :: :.. .
. .... • ' -
_ . . .. ..
- -- : ----- -
thrce-
dimcn-
sienal
tteen-,
meta-)-er
Signs-
• - • - - - •
X
(4—i-
_ ; . . : .. . . ... : . ... ..
• • ' • ' '
X
X
0.10 for each
"..',09C,
:: :
• ' - - - . - . - ' -
. b b : � . _ . .
-:-:.':-• -: • •
of required
ceded
(not inel-tit ing
: : :.-. : : : ,. -• :
net-ftml-iea434e7
crcdit3).
14. I Iotcl
X
amcnitic3 provi3ion of meeting room3, conference roomy
•. • • • • • - - •
'
--X'
0.025 per
500 f.
: . • :: . .. . . . . .. :
• -• • I' • • • -
s.
of public
meeting
I3ontu3
shall-not
exceed
04
: . : .: :: . • .
lin it3.
.. ... o ::: : • : : :
-X
X
0.025 per
€eatare-
Banns
shatot
exeeed
04
• _ .. . • ..
23
24
APPLICATION
MAX
BONUS FACTORS
NEW
—ADD-MONS
TO EXIST.
FAR
BONUS
-C-0•1 STR.
• . ' • •
X
X
0.025 20%
..
:. • • " • • • • . . . .
.. .. -
.. ... ' - "
per of
roof treated•.
Bottus-sha44-ttot
0.1
b : .. . . . _ . • . • •
,.
exceed
• - • •
: .
X
X
94
. • . .. ..
.
•.
X
X
0.25
b b b••
• - • i • • -
"
• • • • . • • • . .
Unit. CPTED Prevention T
Police Crime Prevention (Crimc
entire 3tructurc.
'.
... -,
?\
X
d+
.•.. .. :":"::-:•: •.•..
.-
•
... _
:.
--
.. ..- .. - .- .... . - . .. .- 1 " .' -
€etttaiftS7
each 10%
tire-propesed
average
tttrit-•
ti
avcrabe-
size
Zen-ing
9rdinanee
Banes
At-II-net
exeeed
0.35 C
(Sec
ItftrH
24
SECTION 3. That Subsection 6-25, entitled "Supplementary Yard Regulations" 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:
6-25 SUPPLEMENTARY YARD REGULATIONS
B. Allowable Encroachments.
* * *
* * *
14. Parking Garages and At -Grade Parking Lots (including those operated on a valet basis) -
When a main Use, Parking Garages and At -Grade Parking Lots shall have the following
setbacks:
* * *
e. For purposes of determining the maximum size of the garage, the Floor Area Ratio
shall equal the maximum FAR as set forth in the underlying zoning district providing
in-Seetion-644. When Commercial Uses are located on the ground floor, this Floor
Area shall not be included in the Floor Area Ratio calculation. If the highest level
of a garage is open to the sky, then that level shall not be included in the Floor Area
Ratio calculation.
SECTION 4. That Subsection 6-29, entitled "Transfer of Development Rights (Unused Floor Area)" 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:
25
Avg. Unit Sic (3q.ft.)
899
888
960
+040
4429
4299
+2$9
+364
13erxts
8
943
949
943
834
445
939
933
nchnbilitation
7730
64-5
6-70
42-7
489
833
899
943
$end3
0
096
978t
9713
938
933
9738
933
SECTION 3. That Subsection 6-25, entitled "Supplementary Yard Regulations" 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:
6-25 SUPPLEMENTARY YARD REGULATIONS
B. Allowable Encroachments.
* * *
* * *
14. Parking Garages and At -Grade Parking Lots (including those operated on a valet basis) -
When a main Use, Parking Garages and At -Grade Parking Lots shall have the following
setbacks:
* * *
e. For purposes of determining the maximum size of the garage, the Floor Area Ratio
shall equal the maximum FAR as set forth in the underlying zoning district providing
in-Seetion-644. When Commercial Uses are located on the ground floor, this Floor
Area shall not be included in the Floor Area Ratio calculation. If the highest level
of a garage is open to the sky, then that level shall not be included in the Floor Area
Ratio calculation.
SECTION 4. That Subsection 6-29, entitled "Transfer of Development Rights (Unused Floor Area)" 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:
25
6-29 TRANSFER OF DEVELOPMENT RIGHTS (UNUSED FLOOR AREA)
* * *
C. Procedures Pertaining to the Transfer of Development Rights (Unused Floor Area)
3. Development Regulations
* * *
* * *
d. A Receiving Property shall not exceed the maximum allowed Floor Area provisions
on a Receiving Lot by more than 20%.
. Any Floor Area
that is transferred to a Receiving Property and which is used as units shall meet or
exceed the average Floor Area per unit size provided in the Building.
SECTION 5. That Subsection 16-8, entitled "Powers and Duties" of Section 16, entitled "Board of Adjustment"
of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
16-8 POWERS AND DUTIES
A. The Board of Adjustment shall have the following powers and duties with regard to Zoning
Ordinance 89-2665:
* * *
2. To authorize, upon application such Variance from the terms of this Ordinance as will not
be contrary to the public interest when, owing to special conditions, a literal enforcement of
a provision of this Ordinance would result in unnecessary and undue hardship. An
application for a Variance for the following items is prohibited: Floor Area Ratio, required
Parking (except as provided for in this Subsection), _
requests pertaining to a waiver of off -Street
parking for less than one space per Apartment Unit or a request pertaining to the reduction
of an impact fee, or for Lot Area when determining floor area ratios. A variance for hotels
of more than 20% of the total amount of required parking is prohibited; should the Board
grant a variance pursuant to Section 7-2.A.25, the Parking Impact Fee Program shall not be
required.19 In order to authorize any Variance from the terms of this Ordinance, the Board
of Adjustment shall find:
. :
.•-
;
* * *
26
SECTION 6. That Subsection 18-2 , entitled "Design Review Procedures" of Section 18, entitled "Design Review
Board" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
18-2 DESIGN REVIEW PROCEDURES
A. Design Review Criteria.
Design Review encompasses the examination of architectural drawings for consistency with the
criteria stated below, with regard to the aesthetics, appearances, safety, and function of the Structure
in relation to the Site, adjacent Structures and surrounding community. The Board and the Historic
Preservation and Urban Design Department shall review plans based upon the below stated criteria
and criteria listed in Neighborhood Plans. Recommendations of the Historic Preservation and Urban
Design Department shall include, but not be limited to, comments from the Planning and Zoning
Department and the Public Works Department.
- - • If the
Board determines that an application is not consistent with the criteria, it shall set forth in writing
the reasons substantiating its finding.
* * *
16. The proposed Structure has an orientation and massing which is sensitive to and compatible
with the the Building Site and surrounding area and which creates or maintains important view
corridor(s).
17. The Building has, where feasible, space in that part of the ground floor fronting a street, or
streets which is to be occupied for residential or Commercial Uses; likewise, the upper floors of the
pedestal portion of the proposed Building fronting a street, or streets, shall have residential or
Commercial spaces, shall have the appearance of being a residential or Commercial space or shall
have an architectural treatment which shall buffer the appearance of the parking Structure from the
surrounding area and is integrated with the overall appearance of the project.
a The Building shall have an appropriate and fully integrated rooftop architectural treatment
which substantially screens all mechanical equipment, stairs and elevator towers.
19. An addition on a Building Site shall be designed, sited and massed in a manner which is
sensitive to and compatible with the existing improvement(s).
SECTION 7. That Subsection 20-4, entitled "Performance Standard Regulations" of Section 20, entitled
"PS -Performance Standard District" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
27
20-4 PERFORMANCE STANDARD REGULATIONS
* * *
B. Table of Residential Performance Standards
Residential Subdistricts
Performance Standard
R-PS1
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,J
.65, See Sec 20-4,J
.70, See Sec 20-4,J
.70, See Sec 20-4,J
4.
Maximum Building Height
45 ft
45 ft
60 ft
Non -oceanfront -
Lots 50' wide or
less - 35 ft
Lots 50' wide or
less - 35 ft
Lots 50' wide or
less - 35 ft
80 ft;
Oceanfront -100 ft
Lots 50' wide or
less - 35 ft
5.
Bose Max. FAR (without
,-741,25,
444 1.50
1-23 1,75
-1,-5 2.0
bents)
67
-14
4
2.25
6
Minimum Floor Area Per
New Construction
New Construction
New Construction
New Construction
Apartment Unit (square feet)
700
650
600
550
Rehabilitated
Rehabilitated
Rehabilitated
Rehabilitated
Buildings 400
Buildings 400
Buildings 400
Buildings 400
7$.
Minimum Average Floor Area
New Construction
New Construction
New Construction
New Construction
Per Apartment Unit (square
950
900
850
800
feet)
Rehabilitated
Rehabilitated
Rehabilitated
Rehabilitated
Buildings 550
Buildings 550
Buildings 550
Buildings 550
$9.
Minimum Floor Area Per
N.A.
N.A.
15% = 300-335
15% = 300-335
Hotel Unit (square feet)
sq.ft.
sq.ft.
85% = 335+ sq.ft.
85% = 335+ sq.ft.
9.
Minimum Parking
Pursuant to Section 7 of Zoning Ordinance and Section 20-4,K Requirement herein.
10.
Minimum Off -Street Loading
Pursuant to Section 7-5 of Zoning Ordinance.
11.
Signs
Pursuant to Section 9 of Zoning Ordinance.
12.
Suites Hotel
Pursuant to Section 6-22 of Zoning Ordinance.
4.3-
28
* The maximum FAR incrcasc abovc the basc Floor Arca Ratio is achicvcd by using the
D.
* * *
Table of Commercial Performance Standards
29
Commercial Subdistricts
Performance
Standard
C -PSI
C-PS2
C-PS3
C-PS4
1.
Minimum Lot
Area
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
6,000 sq. ft.
2.
Minimum Lot
Width
50 ft
50 ft
50 ft
50 ft
3.
Maximum
Building Height
75 ft
75 ft
250
Lots over 100,000
sq. ft - 300
Oceanfront Lots
over 200,000 sq. ft.
- 400
250
Lots over 100,000
sq. ft - 300
4.
13e Max.
1.0
2.0
2.5
2.5
FAR
'J'
M .xim. iAA FD
.. ith (bo....s-
/�
rV
, C 24
34
' C
34
6.
Residential and
Hotel
Development
Pursuant to all R-
PS2 district
regulation, except
maximum
building height
for residential and
mixed use
buildings shall be
75 ft.
Pursuant to all R-
PS3 district
regulations, except
maximum building
height for
residential and
mixed use
buildings shall be
75 ft.
Pursuant to all R-
PS4 district
regulations except
maximum Floor
Area Ratio shall be
2_5 33, no height
restriction and
Open Space Ratio
.60 measured at or
above Grade.
Pursuant to all R -
PS4 district
regulations,
except maximum
Floor Area Ratio
shall be 34,
no height
restriction and
Open Space Ratio
.60 measured at or
above Grade.
7.
Minimum Apt.
Unit Size
(sq.ft.)
New Construction
650
Rehabilitated
Buildings 400
New Construction
600
Rehabilitated
Buildings 400
New Construction
550
Rehabilitated
Buildings 400
New Construction
550
Rehabilitated
Buildings 400
8.
Average Apt.
Unit Size
(sq.ft.)
New Construction
900
Rehabilitated
Buildings 550
New Construction
850
Rehabilitated
Buildings 550
New Construction
800
Rehabilitated
Buildings 550
New Construction
800
Rehabilitated
Buildings 550
29
9.
Minimum Floor Area Per Hotel
Unit (square feet)
15% = 300-335 sq.ft.; 85% = 335+ sq.ft. in all districts.
10.
Minimum Parking Requirements
Pursuant to Section 7 of Zoning Ordinance and Section 20-4, H
Requirement herein.
11.
Minimum Off -Street Loading
Pursuant to Section 7 of Zoning Ordinance.
12.
Signs
Pursuant to Section 9 of Zoning Ordinance.
* * *
G. Table of Residential Limited Mixed Use Performance Standards
* * *
30
Mixed Subdistricts
Performance Standard
RM -PS 1
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.
Base Max. FAR-(without-bonas)
773 LI
67
-14
7.
Minimum Floor Area Per Apartment Unit
(square feet)
600
8.
Minimum Average Floor Area Per
Apartment Unit (square feet)
1000
9.
Minimum Floor Area Per Hotel Unit
(square feet)
N/A
10.
Minimum Parking
Pursuant to Section 7 of Zoning Ordinance and Section
20-4,L.3 Requirement herein.
11.
Minimum Off -Street Loading
Pursuant to Section 7-5 of Zoning Ordinance.
12.
Signs
Pursuant to Section 9 of Zoning Ordinance.
13.
Suites Hotel
N/A
* * *
30
Sub3ccon c 2n hcrc:_
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.
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on the 31s t day
of January , 1998.
PASSED and ADOPTED this 21st day of January , 1998.
ATTEST:
'PaAGUA
CITY CLERK
Underlined = new language
Strikeout = deleted language
F:\$CMB\TEM P\DESBON US.ALT
DJG/JGG
December 9, 1997
1st reading 12/17/97
2nd reading 1/21/98
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
31
r.
... •
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
ittp:\\ci. m iami-beach.fl. us
COMMISSION MEMORANDUM NO.
TO: Mayor Neisen O. Kasdin and
Members of the City Commission
FROM: Sergio Rodriguez •��
City Manager
3`-1-9q
DATE: January 21, 1998
SUBJECT: An Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by:
Amending Section 6, Entitled "Schedule of District Regulations", by Deleting the
Maximum Floor Area Ratio With Bonus Category (And Floor Area Ratios Specified
Therein) and Floor Area Ratio Bonus Methodology for the Following Subsections:
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 Family, Medium
Intensity", Subsection 6-4, Entitled "RM -3 Residential Multi Family, High
Intensity", Subsection 6-6, Entitled "CD -1 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
6-14, Entitled "I-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-
18, Entitled "TH Townhome Residential District", Subsection 6-19, Entitled "WD -1
Waterway District", Subsection 6-20, Entitled "WD -2 Waterway District" and
Subsection 6-23, Entitled "Maximum Far for Convention Hotel Development City
Center / Historic Convention Village Redevelopment and Revitalization Area";
Amending Section 6 Entitled "Schedule of District Regulations" by Deleting
Subsection 6-24, Entitled "Schedule of Design Bonuses";
Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-25, Entitled "Supplementary Yard Regulations" by Removing the
Reference to Design Bonuses for Parking Garages;
Amending Section 6 Entitled "Schedule of District Regulations" Amending
Subsection 6-29, Entitled "Transfer of Development Rights (Unused Floor Area)"
by Removing the Reference to Design Bonuses for the Purposes of Transferring
Floor Area;
AGENDA ITEM �5A
DATE \ L —98
•
Amending Section 16, Entitled "Board of Adjustment" Amending Subsection 16-8,
Entitled "Powers and Duties" by Removing the Reference to Average Unit Size
Bonus From the List of Powers and Duties;
Amending Section 18, Entitled "Design Review Board" Amending Subsection 18-2,
Entitled "Design Review Procedures," Amending Subsection 18-2 (A) Entitled
"Design Review Criteria" by Removing the Reference to Floor Area Ratio Bonuses
and by Adding New Criteria to Address Design Issues,
Amending Subsection 20, Entitled "PS Performance Standard Districts" Amending
Subsection 20-4, Entitled "Performance Standard Regulations", Amending
Subsections 20-4, (B), (D), (G) and (I) by Deleting the Maximum Floor Area Ratio
with Bonus Category (And Floor Area Ratios Specified Therein) and Floor Area
Ratio Bonus Methodology in All Performance Standard Districts, Described as:
R-PS1, Residential Medium - Low Density, R-PS2, Residential Medium Density, R-
PS3, Residential Medium High Density, R-PS4, Residential High Density, C-PS1,
Commercial Limited Mixed -Use, C-PS2, Commercial General Mixed -Use, C-PS3,
Commercial Intensive Mixed -Use, C-PS4, Commercial Intensive Mixed -Use Phased
Bayside and RM-PS1, Entitled "Residential Limited Mixed Use"; and, Providing
for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date.
RECOMMENDATION
The Administration recommends that the City Commission, upon holding a public hearing, adopt
on second reading, the subject alternate amending ordinance (R5A.2) as proposed by the Planning
Board. With regard to the MXE District, we recommend that the maximum FAR be 2.0 as proposed.
Relative to the RM -3, CD -3 and CCC Districts, the proposed maximum FAR's should also be
approved, but simultaneously referred back to the Planning Board for additional review and
recommendations on possible further reductions.
BACKGROUND
The concept of eliminating the bonus system for increasing Floor Area Ratios (FAR) was referred
to the Planning Board by the City Commission on November 19, 1997. The amending ordinance,
was reviewed by the Planning Board at a workshop session on December 9, 1997, wherein an
alternate ordinance was proposed to address adjustments to maximum Floor Area Ratios in certain
districts. On December 16, 1997, the Planning Board recommended the adoption of this alternate
ordinance (unanimously, by a vote of 6-0, 1 vacancy).
The following day, (December 17, 1997), the City Commission proceeded with the first reading of
the alternate ordinance and approved it unanimously, setting the second reading public hearing for
today. It also approved, unanimously, the original amending ordinance, also setting its second
reading, public hearing for today.
The Commission held a workshop session on January 12, 1998 to review and discuss these
ordinances further, wherein it asked for the Administration to provide further analysis of the floor
areas of existing buildings in the MXE/HPD District at today's hearing.
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The idea of lowering Floor Area Ratios was first introduced by Robert Swarthout, the City's
consultant on the Comprehensive Plan. In 1992, Mr. Swarthout prepared the "City of Miami Beach
Community Visions Goal, Objective and Policy Options Report" (attached). In this report, Mr.
Swarthout states that the City's existing zoning regulations relate building floor area ratio to lot size,
but they do not relate floor area ratio to building type. He cites several authorities which find that
certain types of buildings are unsuitable for certain floor area ratios. Of particular concern was that
inappropriate floor area ratio to building type result in inadequate on-site open space and inadequate
access to light and air.
Some of the other public purposes, mentioned in the Visions Report and also in the Data and
Analysis of the Comprehensive Plan, which could be achieved through changes in the FARs include
a reduction in the amount of future traffic, to help spread residential reinvestments over a broader
area and to ensure new development with increased access to light, air and views.
The City's former Design Guidelines and Development Regulations Committee (also know as the
Development Regulations Working Group) began to study the issue of reducing FAR's and
modifying the design bonus system to achieve these reductions. The Committee began with the
premise that the bonus system could be modified to include only significant bonuses. After much
deliberation the committee concluded that the bonus system should be eliminated. Discussions then
began on how to modify the base FARs to better achieve compatibility with the built environment.
However, prior to formulating a final position on this matter, the Committee was dissolved by the
Commission.
It is important to note that the function of the Design Review Board, for the most part, has
effectively eliminated the need for a schedule of design bonuses. Most of the bonuses are in
actuality a requirement of the design review process. Thus the importance of ensuring quality design
through the bonus system has been diminished as the geographical areas under the purview of the
Design Review Board and the scope of its review have increased through the years.
As mentioned, the Planning Board held a workshop meeting on December 9, 1997. Upon its review,
the Board suggested several changes to the original draft ordinance. These changes adjusted the
resulting maximum Floor Area ratios to be more accurately reflective of the built environment, as
well as to better correlate to the standards of floor area to building type as described in the "Visions
Report" prepared by Robert Swarthout.
ANALYSIS OF THE AMENDING ORDINANCE
The following summarizes the proposed amendment, by section.
Section 1.
This section of the proposed amendment basically deletes the The maximum floor area ratio with
bonus category and floor area ratios specified therein and it also eliminates the floor area ratio bonus
methodology as specified in certain districts.
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Section 2.
This section of the amendment deletes the schedule of design bonuses.
Sections 3.4 and 5.
These sections remove the references to the design bonuses from the Supplementary Yard
regulations, the Transfer of Development Rights section and the Board of Adjustment "Powers and
Duties" section.
Sections 6.
This section of the amendment adds new design review criteria to the Design Review Board's
procedures section. These new criteria address the most important design related issues which might
have been listed in a modified design bonus schedule; as drafted, they will provide the Design
Review Board additional tools in the evaluation of a project's compatibility and the design integrity
of its pedestal and roof -top architectural treatment.
Sections 7.
This section of the proposed amendment deletes the maximum floor area ratio with bonus category
and floor area ratios specified therein, for the Performance Standard Districts (South Pointe
Redevelopment Area).
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
Planning Board and City Commission are to consider 13 relevant review criteria, 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 by the Administration not to be
applicable to this amendment request.
The following is an analysis of each review criteria:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent -
Both the original and alternate amendments would foster the goals to develop
the City in an appropriate manner, although the original ordinance would, in
many cases, reduce allowable densities substantially below existing
development conditions. The Data and Analysis (Part I) of the
Comprehensive Plan, states that amendments to the land use regulations
should attempt to achieve a reduction in the amount of future traffic, help
spread residential reinvestments over a broad area and to ensure development
with an increased access to light, air and views. The Proposed amendments
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would help foster these goals. Additionally, Objective 4 and policies 4.1 and
4.2 of Part II: Goals, Objectives and Policies of the Comprehensive Plan
stipulate that population densities shall be reduced to better conform with
County, State and Federal hurricane evacuation plans.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The amendments would not change the underlying zoning district for any
areas within the City. The intent of both amendments is to ensure that new
construction and infill developments is more consistent with the built
environment. The Administration has concluded that the alternate
amendment, as proposed by the Planning Board, will encourage more
appropriate infill development. However, maximum densities in the RM -3,
CD -3 and CCC Districts need additional study and should, as such, be
referred back to the Planning Board to consider further reduction.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Consistent -
The proposed amendments are in scale with perceived and actual need for
new development to be more in scale within the historical context and pattem
of the surrounding neighborhood; however, the alternate amendment is more
responsive to the issue of encouraging new development which is consistent
with the built pattern.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent -
Both of the proposed amendments will result in a reduction on the potential
future demands on infrastructure and public facilities from individual projects
and will enable infrastructure capacity to be distributed to a larger number of
projects.
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;
Consistent - The underdeveloped areas of the City are going through rapid changes,
brought about by the private sector rehabilitation of buildings and new
construction. The ability of most developments to increase the now allowed
base FAR's through the bonus system has resulted in projects which are not
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in scale with thein surrounding neighborhoods. However, the elimination of
design bonus densities across the board would result in some districts having
maximum floor area rations (FAR's) which are too low; the Planning Board
alternate amendment addresses this issue by adjusting the maximum FAR's.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Consistent -
Both the proposed amendments will not negatively effect living conditions
or the quality of life for surrounding properties. The amending ordinances
would foster new developments which are more harmonious with the
surrounding structures, although the Administration has concluded that the
alternate ordinance would be more successful in this regard.
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 LOS will not be affected by the proposed changes. By removing the
ability to increase the allowable floor area through bonuses, LOS capacity for
all infrastructure will be available to a greater number of projects, under
either ordinance amendment.
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent - Both proposed amending ordinances should encourage greater amounts of
open space and thus greatly reduce the effect on light and air to adjacent
properties.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent -
Staff is of the opinion that property values, in the adjacent areas would not
be negatively affected by the proposed amendments. In fact, either of the
amendments should help spread new residential reinvestments over a broad
area and protect investments already in place. The Planning Board alternate
would achieve a more equitable distribution, however.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Consistent - Both amendments would not deter the improvement or development of
agreement properties.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Not Applicable
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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
In summary, the adjustments made by the Planning Board to the maximum FAR's reflect the
analyses prepared by planning staff for various sites. Further, the FAR's within the Planning Board's
alternate ordinance correlate with the building types as recommended in the "Visions Report"
prepared by Robert Swarthout. Finally, the alternate proposed maximum FAR's are also in keeping
with the as -built FAR character of the City's neighborhoods.
While the Commission has raised a concern with regard to the maximum FAR of 2.0 proposed for
the MXE District, particularly in the Ocean Drive/Collins Avenue Historic District, the
Administration has concluded that this limitation would permit 13,000 square feet of building area
on a typical 6,500 sq. ft. lot (50 x 130) on Ocean Drive. Such a building would be three stories, but
have ground level landscaped open spaces at the rear or inside courtyards, thereby creating a more
pleasant tenant/owner environment, without disrupting the historic development pattern of the area.
A FAR of 2.25, on the same lot, would allow for a full build -out of three stories without any open
space, other than the five feet side setbacks and a five feet setback in the front.
For the Commission's further consideration, the Administration has attached, hereto, a Floor Area
Ratio Analysis for selected blocks on Ocean Drive in the MXE District and a Volume Massing
Analysis depicting possible building scenarios with a FAR of either 2.0 or 2.25. The Administration
believes this information further supports the proposed maximum FAR of 2.0.
CONCLUSION
Based on the above, the Administration has concluded that the City Commission should adopt on
second reading, the alternate amending ordinance (R5A.2) as proposed by the Planning Board.
SR'/DDJGG/cat
cc: Diana Grub Frieser, First Assistant City Attorney
Harry Mavrogenes, Assistant City Manager
FIPLANNSALLICC MEMOSIDESBONUS.RECNREV3
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Amending §6,
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