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Ordinance 2018-4190NORTH BEACH TOWN CENTER FAR INCREASE LAND DEVELOPMENT REGULATIONS ORDINANCE NO. 2018 -4190 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," AT SECTION 142 -737, TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES BOUNDED BY 69TH STREET ON THE SOUTH, COLLINS AVENUE ON THE EAST, 72ND STREET ON THE NORTH AND INDIAN CREEK DRIVE /DICKENS AVENUE ON THE WEST, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25 TO 2.75 FOR TC -1 DISTRICT, FROM 2.0 FOR THE TC -2 DISTRICT, AND FROM 1.25 FOR THE TC -3 DISTRICT, AS REQUIRED BY THE REFERRENDUM APPROVED BY THE CITY'S VOTERS ON NOVEMBER 7, 2017; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, in September 2015, at the recommendation of the Mayor's Blue Ribbon Panel on North Beach and after an appropriate Request for Qualifications had been issued, the City Commission entered into an agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach district of the City; and WHEREAS, on October 19, 2016, and pursuant to City Resolution No. 2016- 29608, the Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl and Partners Inc. after significant public input; and WHEREAS, the North Beach Master Plan identifies the Town Center area as being in need of redevelopment and revitalization; and WHEREAS, the North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning districts (TC -1, TC -2, and TC -3) within the Town Center district areas; and WHEREAS, the goal of the recommendation is to enable the design and construction of larger buildings within the Town Center, and to encourage the development of 71St Street as a "main street" for the North Beach area; and WHEREAS, City Charter Section 1.03(c), requires that any increase in zoned FAR for any property in the City must be approved by a majority vote of the electors of the City of Miami Beach; and WHEREAS, on November 7, 2017, and pursuant to Resolution No. 2016- 29608, the following ballot question was submitted to the City's voters: FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR — Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the TC -3 district; and WHEREAS, the ballot question was approved by 58.64 percent of the City's voters; and WHEREAS, the City of Miami Beach has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, the amendments set forth below are necessary to accomplish the above objectives and consistent with the vote of the electorate. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations," Division 20, "TC North Beach Town Center Districts," at Section 142 -737 is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLE II ZONING DISTRICTS AND REGULATIONS DIVISION 20 TC NORTH BEACH TOWN CENTER DISTRICTS Sec. 142 -737. - Development regulations. (a) The development regulations in the TC -1, TC -2 and TC -3 town center districts are as follows: District TC -1 Town Center Core Maximum Floor Area Ratio (FAR) For properties bounded by 69th Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive /Dickens Avenue on the west, the maximum FAR shall be 3.5. For all other properties, the following shall apply: For lots equal to or less than 45,000 sq. ft. -2.25 For lots greater than 45,000 sq. ft.— Maximum Building Height 125 feet. Buildings fronting on 71st Street shall by subject to the additional setbacks as follows: stories 1 -4 shall be setback 10 feet and above the forth story the building shall be setback 25 feet. Maximum Number of Stories 12 stories. TC -2 Town Center Mixed -use TC -3 Town Center Residential Office 2.75 For properties bounded by 69"' Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive /Dickens Avenue on the west, the maximum FAR shall be 3.5. For all other properties, the maximum FAR shall be 1.5; except for mixed -use buildings where more than 25 percent of the total area of a building is used for residential or hotel units, the maximum FAR shall be 2,0. For properties bounded by 69th Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive /Dickens Avenue on the west, the maximum FAR shall be 3.5. For all other properties, the maximum FAR shall be 1.25 50 feet 1 5 stories 45 feet Waterfront lots -50 feet Parking garages as a main use — See subsection 130- 68(9). The facade of buildings facing the lot front adjacent to streets shall not exceed 23 feet in height to the top of the roof deck. Any portion of the building above 23 feet shall be set back an additional 1 foot for every 1 foot in height above 23 feet. The rear facade of buildings shall be set back an additional 1 foot for every 1 foot in height above 33 feet. 4 stories Waterfront lots -5 stories SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section ", "article ", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED and ADOPTED this `& day of ATTEST: Rafael Ar City anado Cit CI�rk First Reading: March 7, 2018 Second Reading: May 16, 2018 (Sponsor: Commis ner John Eliza Verified By: , 2018. Dan Gelber, Mayo APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION City Attorney Thomas R. Mooney, AICP Planning Director Date MIAMI BEACH Ordinances - R5 B COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: May 16, 2018 10:05 a.m. Second Reading Public Hearing SUBJECT: NORTH BEACH TOWN CENTER FAR INCREASE LAND DEVELOPMENT REGULATIONS: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 20, "TC NORTH BEACH TOWN CENTER DISTRICTS," AT SECTION 142 -737, TO INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES BOUNDED BY 69TH STREET ON THE SOUTH, COLLINS AVENUE ON THE EAST, 72ND STREET ON THE NORTH AND INDIAN CREEK DRIVE /DICKENS AVENUE ON THE WEST, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25 TO 2.75 FOR TC -1 DISTRICT, FROM 2.0 FOR THE TC -2 DISTRICT, AND FROM 1.25 FOR THE TC -3 DISTRICT, AS REQUIRED BY THE REFERENDUM APPROVED BY THE CITY'S VOTERS ON NOVEMBER 7, 2017; PROVIDING FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance and amend the Land Development Regulations of the City Code to incorporate the elector approved referendum regarding the increase in Floor Area Ratio (FAR) for Town Center. ANALYSIS HISTORY On September 2015, at the recommendation of the Mayor's Blue Ribbon Panel on North Beach and after an appropriate Request for Qualifications had been issued, the City Commission entered into an agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach district of the City. On October 19, 2016 and pursuant to City Resolution No. 2016 - 29608, the Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl and Partners Inc. The North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning districts (TC -1, TC -2, and TC -3). Pursuant to Resolution No. 2016- 29608, the following ballot question was submitted to the City's voters: FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR Page 1045 of 1842 Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the TC -3 district ?. On November 7, 2017, the ballot question was approved by 58.64 percent of the City's voters. On January 17, 2018, at the request of Vice -Mayor John Aleman, the City Commission referred the proposed ordinances to the Planning Board (Item C4 F). PLANNING ANALYSIS While much of the City of Miami Beach has experienced redevelopment and revitalization, the North Beach area has seen little investment over the last several decades. In order to encourage the revitalization of the North Beach area, the City Commission hired Dover, Kohl, and Partners, Inc. to prepare a master plan for the North Beach area. Based on significant public input, the Master Plan identified the North Beach Town Center area as being in need of redevelopment and revitalization. Additionally, it's well buffered location from lower scale neighborhoods to the north and proximity to high density areas to the east make the area able to accommodate higher intensity development. As a result of this, the North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning districts (TC -1, TC -2, and TC -3). The goal of the recommendation is to enable the design and construction of larger buildings within the Town Center, and to encourage the development of 71st Street as a "main street" for the North Beach area. It is the expectation that the higher FAR will allow for development that will create a critical mass of people, enabling a mix of residential and commercial uses that better service the North Beach community as a whole. The amendment to the Land Development Regulations modifies Section 142 -737 which establishes development regulations for the TC districts. The ordinance proposes the following modification for all of the TC districts located within the boundaries identified in the referendum as follows: For the area of the town center district bounded by 69th Street on the south, Collins Avenue on the east, 72nd Street on the north and Indian Creek Drive /Dickens Avenue on the west, the maximum FAR shall be 3.5. It is anticipated that the proposed increase in FAR will incentivize appropriate and pedestrian oriented new development in the North Beach Town Center area. As shown on the Unified Land Ownership map attached, significant properties have already been consolidated, making it likely that new development will follow upon adoption of the new FAR. It is expected that new development will be of a mixed -use nature that will allow for increased pedestrian activity in the area and the ability for residents to live, play, and work in the same area. Additionally, On December 13, 2017, at the request of Commissioner Ricky Arriola, a related discussion pertaining to the FAR increase for the Town Center district was referred to the Land Use and Development Committee (LUDC). The referral is to develop a comprehensive planning strategy for the Town Center area approved for an FAR increase. A separate overlay ordinance to implement this strategy is currently being discussed by the LUDC. This overlay will provide more up to date regulations for the area and create a better framework for properties to utilize the increased FAR. City Charter Issues The request for increasing the FAR for the North Beach Town Center Area is affected by the following City Charter provision: Sections 1.03 (c), which partially states: Page 1046 of 1842 The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The proposed ordinance would increase the zoned floor area ratio to 3.5 for all areas in the district and as a result required a general referendum. The following question was submitted to the electors of the City of Miami Beach: FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building. Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the TC -3 district? On November 7, 2017, the referendum was approved by 58.64 percent of the voters. Therefore the ordinance can be considered for adoption by the City Commission. PLANNING BOARD REVIEW On February 27, 2018 the Planning Board reviewed and transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation. UPDATE The subject Ordinance was approved at First Reading on March 7, 2018, with no changes. CONCLUSION The Administration recommends that the City Commission adopt the Ordinance and amend the Land Development Regulations of the City Code to incorporate the elector approved referendum regarding the increase in Floor Area Ratio (FAR) for Town Center. Legislative Tracking Planning Sponsor Commissioner John Elizabeth Aleman ATTACHMENTS: Description o Overlay Map • Property Ownership Map o Aerial Map a Form Approved ORDINANCE - TC FAR LDR Page 1047 of 1842 Page 1048 of 1842 Exhibit A North Beach Town Center Revitalization Overlay z m 73RD ST --,w T .. N 712N10, S,T... . U — 0 a] 1 - l North 'Beach _TownCenter -_ -- - Revitali,zatiohFOverllai - -w Q z o. cri Location: The properties bounded by 72nd Street to the north, Collins Avenue to the east, 69th Street to the south, and Dickens Avenue /Indian Creek Drive to the west. 169TH STE COLLINS, 0 250 500 1,000 Feet I i i i I I I I I Page 1049 of 1842 CD 0 CO Note: Parcels indentified as "Reference Only" indicates a condominium form of ownership. a) _ 0;i1 ca w W vI 6 y as E o Z 4� W °E2 E O Page 1050 of 1842 • U), 4,1 ' 7 :• ri Page 1051 of 1842