Ordinance 2019-4277 •
TC-C DISTRICT— HEIGHT AND PUBLIC BENEFIT CLARIFICATIONS
ORDINANCE NO: 2019-4277
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI
BEACH,. SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS,"
BY AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS,"
DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C)
DISTRICT," TO MODIFY SECTION 142-747, ENTITLED "PUBLIC BENEFITS
PROGRAM," TO CLARIFY THE ADDITIONAL HEIGHT INCENTIVES
PROVIDED PURSUANT TO THE PUBLIC BENEFITS PROGRAM FOR THE
TC-C DISTRICT, AND TO PROVIDE ALTERNATIVE OPTIONS IN THE EVENT
OF AN APPLICANT'S NON-COMPLIANCE WITH THE LEED PLATINUM
CERTIFICATION PUBLIC BENEFIT OPTION; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, on November 14, 2018, the City Commission adopted Ordinance No. 2018-
4224, which established the Town Center- Central Core (TC-C) district; and
WHEREAS, at the adoption hearing, modifications were made to the maximum
allowable height that created some inconsistencies within the Ordinance; and
WHEREAS, the proposed amendment will provide for consistency between the
maximum allowable height in the district regulations and the public benefits program; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, entitled "Zoning Districts and Regulations," Article II, entitled "District
Regulations," Division 21, entitled "Town Center-Central Core (TC-C) District," is hereby
amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 21. —TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT
* * *
Sec. 142-747. - Public benefits program.
Participation in the public benefits program shall be required for floor area that is located
above 125 feet up to the maximum height. The following options or mix of options are available
for participation in the public benefits program:
(a) Contribution to public benefits fund. A contribution to the public benefits fund, in the
amount identified in appendix Al shall be required for each square foot of floor area
located above a building height of the 125 feet, up to the public benefit maximum
height as described in section 142-743(b)(2). The payment shall be made prior to the
development obtaining a building permit.
(b) On-site workforce or affordable housing. Provide on-site workforce housing or housing
for low and/or moderate income non-elderly and elderly persons pursuant to the
requirements of articles V and VI of chapter 58 of the City Code and certified by the
community development department. Two square feet of floor area may be built above
a building height of 125 feet, up to the public benefit maximum height as described in
section 142-743(b)(2)L for each square foot of workforce housing or housing for low
and/or moderate income non-elderly and elderly persons provided onsite. The following
regulations shall apply to such units:
(1) There shall be no separate entrance or access for such units. Residents of such
units shall be permitted to access the building from the same entrances as the
market rate units, unless units are on the ground floor, in which case they shall
have private entrances from the clear pedestrian path.
(2) Units shall comply with the minimum unit size requirements for affordable or
workforce housing of this division.
(3) Only the square footage within the unit itself shall count for the square footage
above the as of right height.
(c) Off-site workforce or affordable housing. Provide off-site workforce housing or housing
for low and/or moderate income non-elderly and elderly persons pursuant to the
requirements of articles V and VI of chapter 58 of the City Code and certified by the
community development department within the City of Miami Beach. One and one-half
square feet of floor area may be built above a building height of 125 feet, up to the
public benefit maximum height as described in section 142-743(b)(2), for each square
foot of workforce housing or housing for low and/or moderate income non-elderly and
elderly persons provided off-site within the City of Miami Beach. The following
regulations shall apply to such units:
(1) Units shall comply with the minimum unit size requirements for affordable or
workforce housing of this zoning district.
(2) Only the square footage within the unit itself shall count for the square footage
above the as of right height.
(3) The housing shall be provided prior to the development obtaining a certificate of
occupancy.
(4) If the housing cannot be provided prior to the development obtaining a certificate of
occupancy, a contribution into the public benefits trust fund shall be made in the
amount identified in appendix A for each one-half square foot of floor area that is
above the as of right height.
(d) LEED platinum certification. Obtain LEED platinum certification or international living
future institute living building challenge certification. An a Additional 75 feet of height to
achieve the public benefit maximum height as described in section 142-743(b)(2)
above 125 feet shall be provided for this option. This option shall be regulated per the
To exercise this option, a participant must comply with the requirements of the green
building program set forth in chapter 133, division 1 article I of this Code,; however, it
subject to the. following provision: the exercise of this option requires that the
participant post a sustainability fee payment bond or issue full payment of the
sustainability fee in the amount of ten percent of the total construction valuation of the
building permit, as opposed to the five percent as required in section 133-6(a), and that
the following compliance schedule be utilized:
Certification Compliance Schedule
I Sustainability Fee Reimbursement to Participant
Level of Certification Achieved k '° for Meeting Certain Green Building Certification
Levels`
Failure to obtain certification Zero percent refund of bond or payment of
sustainability fee
LEED certified 30% refund of bond or payment of sustainability
fee
LEED silver certified 40% refund of bond or payment of sustainability
fee
LEED gold certified or international living 60% refund of bond or payment of sustainability
future institute petals or net zero energy fee
certified
LEED platinum or international living future 100% refund of bond or payment of sustainability
institute living building challenge certified fee
If this option is selected and LEED platinum or international living future institute living
building challenge certification cannot be achieved prior to the development obtaining a
certificate of occupancy (CO), the applicant may choose to provide a contribution into
the public benefits trust fund, in the amount identified in appendix A, for each one-half
square foot of floor area that is above a building height of 125 feet in height, instead of
complying with the revised Certification Compliance Schedule set forth in this
subsection (d). If the applicant elects to provide the contribution into the public benefits
fund and the bond has already been posted or the sustainability fee has been paid, the
difference between the sustainability fee identified above and the sustainability fee
identified in chapter 133, division 1 shall be refunded.
(e) Self-sustaining electrical and surplus stormwater retention and reuse. Provide
stormwater retention that is over and above the minimum requirements in order to
accommodate offsite stormwater, including the reuse of such stormwater through
purple pipes throughout the building, in a manner to be reviewed and approved by
public works. Additionally, the entire building shall be fully self-contained in terms of
electrical power through the use of solar panels and similar electricity generating
devices. An a Additional 75 feet of height to achieve the public benefit maximum height
as described in section142-743 (b)(2) above 1 25 feet shall be provided for this option.
(f) Public recreation facilities. Provide active recreation facilities that are available to the
general public. Two square feet of floor area may be built above a building height of
125 feet, up to the public benefit maximum height as described in section 142-
743(b)(2), for each square foot of recreation facilities provided. The facilities shall serve
a recreational need for the North Beach community, and consultation with the city's
parks and recreation department shall be required prior to submitting an application for
land use board approval in order to determine the types of facilities that are most in
need for the area. The facilities can include, but are not limited to, soccer fields, football
fields, basketball courts, tennis courts, gyms, pools, and playgrounds. Such facilities
can be located on ground levels, rooftops, above parking garages, or within habitable
buildings. An operating agreement shall be submitted to the city and approved by the
city manager or designee. The operating agreement shall contain minimum hours of
operation, cost of admission to cover maintenance and operating costs, organized
league information, signage to ensure the public is aware if the public nature of the
facility, security requirements, reservation requirements, and other requirements as
applicable. The agreement shall also ensure that residents of the building are not
prioritized over the general public.
(g) Expedited development construction. A contribution to the public benefits fund shall not
be required for each square foot of floor area located above 125 feet, up to the public
benefit maximum height as described in section 142-743(b)(2), if the following
development timeframes are adhered to:
(1) Obtain a full building permit for a development project consisting of new
construction in excess of 100,000 square feet within 21 months of the effective date
of this division. The 21-month period shall not be eligible for any extension of time
and cannot be tolled by extensions or modifications of board orders or state
extension of development orders. If a full building permit is not obtained within 21
months, participation in an alternative option shall be required in order to achieve
the additional height. Notwithstanding the foregoing, in the event that, with staffs
favorable recommendation, the design review board (DRB) approval of the subject
development project is continued by the board or appealed by a party other than
the applicant, such 21-month period to obtain a full building permit shall be tolled
until the conclusion of such action. Additionally, the city commission may toll the
21-month timeframe, at a duly noticed public hearing, by a four-sevenths affirmative
vote for undue hardship. Undue hardship, does not include financial hardship, and
shall require a showing by application of due diligence in processing the building
permit; that the delays are not caused due to the negligence of the applicant,
and/or that the extenuating circumstances are a result of a third party agency that
has unduly delayed the issuance of the permit for the project.
(2) Obtain a temporary certificate of occupancy (TCO) or certificate of occupancy (CO)
within 30 months of approval of the building permit; however, state authorized
extensions for states of emergency within Miami-Dade County may be utilized for
the purposes of tolling of the TCO or CO time limit with notice and proof of the state
of emergency provided to the planning department.
Failure to comply with any of the aforementioned timeframes shall require payment of
the balance for the full public benefits fee or participation in an alternative public
benefits option prior to obtaining a CO.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this '`— day of Ttii-e. , 2019.
•
Attest: Dan Gelber, Mayor
S
Jv NE l 4' �al1
Rafael E. anado, City Clerk
First Reading: May 8, 2019 ,f4�� , ti APPROVED AS TO FORM
Second Reading: June 5, 2019 =:INCORP ORATEQ - AND LANGUAGE
%,, •.4 �, � AND FOR EXECUTION
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City Attorney Date
Verified by: 1, "
Th.' as R. Mooney'AICP
Planning Director •
[Sponsor: Commissioner John Elizabeth Aleman]
T:\Agenda\2019\05 May\Planning\TCC Height and Public Benefit Clarifications-First Reading ORD rev.docx
Ordinances - R5 I
MIAMI BEAH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: June 5, 2019
1:35 p.m. Second Reading Public Hearing
SUBJECT:TC-C DISTRICT- HEIGHT AND PUBLIC BENEFIT CLARIFICATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL
CORE (TC-C) DISTRICT," TO MODIFY SECTION 142-747, ENTITLED
"PUBLIC BENEFITS PROGRAM," TO CLARIFY THE ADDITIONAL HEIGHT
INCENTIVES PROVIDED PURSUANT TO THE PUBLIC BENEFITS
PROGRAM FOR THE TC-C DISTRICT, AND TO PROVIDE ALTERNATIVE
OPTIONS IN THE EVENT OF AN APPLICANT'S NON-COMPLIANCE WITH
THE LEED PLATINUM CERTIFICATION PUBLIC BENEFIT OPTION; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
ANALYSIS
HISTORY
On January 16, 2019 at the request of Commissioner John Elizabeth Aleman, the City Commission
referred the discussion item to the Land Use and Development Committee (LUDC) (Item C4 Z). On
March 6, 2019 the LUDC discussed the item and recommended that the City Commission refer the
ordinance to the Planning Board.
On April 10, 2019 the City Commission referred the item to the Planning Board (Item C4 S).
PLANNING ANALYSIS
On November 14, 2018, the City Commission adopted ordinance 2018-4224, establishing the Town
Center— Central Core (TC-C) zoning district. The ordinance implemented the voter approved FAR
increase by allowing for additional height, along with additional urban design criteria. The ordinance
also established a public benefits program which allows developers additional height beyond the
base maximum height of 125 feet under certain circumstances.
Page 584 of 868
•At the adoption hearing an amendment was made to the ordinance that allowed lots greater than
50,000 SF and located north of 71st Street to have an additional 20 feet of building height, for a
maximum height of 220 feet, by participating in the public benefits program. As the public benefits
program was contemplated with a maximum height of 200 feet, several of the options were drafted to
provide an additional 75 feet beyond the base maximum height. As the sites over 50,000 SF located
north of 71st Street now have the ability to go up to 220 feet in height, which is technically an
additional 95 feet, the following correction for the public benefits options, which provides for
additional height, is proposed:
"An a Additional 75 fcct of height to achieve the "Public Benefit Maximum Height,"as described
in section 142-743(b)(2) abovc 125 fcct shall be provided for this option."
The ordinance also includes an alternative for the public benefits option related to LEED platinum
certification. It incorporates an option that allows for the contribution to the public benefits fund at a
rate of$3 for each 0.5 square foot located above 125 feet, should the LEED platinum certification not
be achieved by the time a temporary certificate of occupancy(TCO) is obtained. This change mirrors
the provision in the public benefit option for providing off-site workforce or affordable housing. This
would result in an applicant not having to post a bond in the amount of ten percent (10%) of the total
construction valuation if they don't expect to achieve the LEED Platinum Certification and would
instead require a higher per square foot rate for the public benefit contribution. If the developer does
expect to achieve LEED platinum certification, they may proceed with posting the 10% bond and
obtain a full refund at the later date.
PLANNING BOARD REVIEW
On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City
Commission with a favorable recommendation, by a vote of 5-0.
UPDATE
The subject ordinance was approved at first reading on May 8, 2019, with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Legislative Tracking •
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Form Approved - ORD
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Page 585 of 868