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Ordinance 2020-4346 Washington Avenue Overlay— LDR Incentives Clarifications ORDINANCE NO. 2020-4346 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 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO CLARIFY THE SETBACK REQUIREMENTS AND CO-LIVING/MICRO UNIT DEVELOPMENT REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and WHEREAS, previously, pursuant to the input and recommendations of the Mayor's Washington Avenue Blue Ribbon Task Force, the City adopted development regulations specific to Washington Avenue; and WHEREAS, recently, the City has reviewed the condition of properties located along Washington Avenue, in light of concerns raised by local residents, property owners, and businesses; and WHEREAS, various constituents have expressed concerns regarding the deterioration of the area; and WHEREAS, residents, property owners, and businesses are concerned with the quality of life and condition of the streets within the portions of the Flamingo Park Historic District and the National Register Historic District along Washington Avenue; and WHEREAS, the City studied various mechanisms for improving the quality of life and quality of businesses within the area; and WHEREAS, the City, with the input of residents, property owners, and businesses, has determined that co-living and micro residential units would be a beneficial development incentive for the Washington Avenue corridor, subject to certain specified restrictions and safeguards; and WHEREAS, on October 16, 2019, the City Commission adopted Ordinance 2019-4312, which, in pertinent part, established land development regulations for the development of co-living and micro residential units; and 1 WHEREAS, the amendments set forth below clarify the development regulations applicable to co-living and micro units. 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 5, "CD-2 Commercial, Medium Intensity District," is hereby amended as follows: CHAPTER 142—ZONING DISTRICTS AND REGULATIONS ARTICLE II. — DISTRICT REGULATIONS * * * DIVISION 5. — CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT * * * Sec. 142-309. Washington Avenue development regulations and area requirements. * * * (2) For lots that have a frontage that is equal to or less than 100 feet, the setbacks shall be pursuant to section 142-307. For lots that have a frontage that is greater than 100 feet, the setbacks shall be as follows: * * * c. Side, facing a street: i. Subterranean: Zero (0)feet; ii. Nonresidential uses: Zero (0)feet; iii. Residential and hotel uses: Seven and one-half(7 1/2)feet d. Side, interior: i. Subterranean: Zero (0)feet; ii. Nonresidential uses: Zero (0)feet; iii. Residential and hotel uses: Seven and one-half (7 '/2) feet or eight percent of lot width, whichever is greater, up to ten (10)feet. When abutting a nonresidential or non-hotel use, the minimum interior side setback shall be seven and one-half(7 '/2)feet. c. Sum of the side yards: percent of the lot width, up to a total sum of the side yards of 20 feet. ii. For lots that a have a platted frontage equal to or greater than 100 feet, but Gess than 200 feet, and are eligible for a 75 foot height limit, the sum of the side yards for floors with residential or hotel units shall be no less than 10 percent of the lot width. * * * 2 (5) Co-living or micro residential units are permitted subject to the following regulations: a. For co-living or micro residential units, the minimum unit size may be 275 square feet, provided that a minimum of 20 percent of the gross floor area of the building consists of amenity space on the same unified development site. Amenity space includes the following types of uses: common area kitchens; club rooms; business center; retail; screening rooms; fitness center; wellness center; spas; gyms; pools; pool decks; roof decks, restaurant, bar or café above the ground floor; and other similar uses whether operated by a condominium or cooperative association or another operator. Fitness centers, wellness centers, spas, and gyms located on the ground floor shall be open to the public. Restaurants, bars, or cafes on the ground floor shall not count toward the amenity space requirements set forth herein. These amenities may be combined with the amenities for hotels units on the same unified development site, provided that residents and hotel guests have access to such amenities. b. Co living or micro residential units are permitted provided that: (1) Within the same unified development site, office uses arc provided with a minimum of 10,000 square feet shall be provided. c. (2) Each unit is shall be fully furnished and has shall have an individual bathroom. d. (3)All micro one-bedroom co-living units shall have a washer and dryer machine located within the unit, and all co-living units with two or more bedrooms shall, at a minimum, install a washer and dryer in the common area of the unit suites, e. (4) Each co-living units may contain a maximum of six (6) bedrooms. f. The Co-living units are may only be located on the west side of Washington Avenue. In addition, the western lot line of the unified development site must front on a street with an RM-1 or RO zoning designation. g_ (-5) A maximum of fifty percent (50%) of the floor area within the unified development site may consists of co-living or micro units. h. (6)The owner must obtain a building permit for the co-living or micro residential units within thirty two (32) months of the effective date of this Ordinance by March 1, 2023. i. (-7-) Formula commercial establishments and formula restaurants, as defined in section 114-1, are prohibited on a unified development site with co-living or micro units. 3 L {8)The owner/operator shall submit a covenant running with the land, in a form acceptable to the city attorney, agreeing that any owner/operator of co-living or micro units within the unified development site shall be obligated to clean and maintain (or arrange to have cleaned and maintained) each unit. k. (-9-)The owner/operator shall submit a covenant running with the land, in a form acceptable to the city attorney, agreeing that any owner/operator of co-living or micro units within the unified development site shall be required to perform background screening investigations of all tenants of co-living or micro units. L (10)Any owner/operator of co-living or micro units must provide onsite security guards 24 hours a day, 7 days a week. m.{11) All exterior windows in any hotel, co-living, or micro units on the unified development site shall contain double-pane glass. (12) The tenants of co living and micro units shall not be permitted to sublc c units. n. {13) Ground floor uses fronting on Washington Avenue must shall be limited to retail, restaurant, OF bar, or gym/fitness center. Residential uses fronting Washington Avenue are shall be prohibited on the ground floor, other than except for the lobby and any required vertical circulation. -- - - - - - --- -- • • - - - :, :, - - - '• - -- Each co-livinq unit must include a dining, kitchen, and living area, unless a dining, kitchen, and living area is provided on the same floor. {15) A rooftop loungo seating area, pool, and garden shall be provided within the unified development site. g {16) A wellness center shall be provided within a unified development site building containing co-living or micro units, which wellness center shall have both self-service and personal training offerings such as strength training, yoga, stretching, recovery, mindfulness, cardiovascular equipment, and nutritional planning. No variances shall be permitted from the provisions of this subsection (5). SECTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith are hereby repealed. 4 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 re-lettered 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 d9 day of -J"ly , 2020. ,'32-711----. , Dan Gelber, Mayor ATTEST: 7.a . . 2 Rafael E. Grana s o, City Clerk APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION , , - kL () . (— t,— 17- -i° City Attorney OV„.. Date First Reading: June 24, 2020 ''MC` , '' ,, Second Reading: July 29, 2020 '�� (i` '.4%, 'sIfICORPiORATED § Verified By: jit/ - %,,y4 :7Fi_,•..c,„./'-1 Thomas R. Mooney, AICP �in,ci=)•2o .,.. Planning Director T:Wgenda\2020106 June 24\Planning\Washington Avenue Overlay Clarifications-First Reading ORD.docx 5 Ordinances -R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 29,2020 9:20 a.m. Second Reading Public Hearing SUBJECT:WASHINGTON AVENUE OVERLAY-LDR INCENTIVES 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 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, . ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BYAMENDING SECTION 142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO CLARIFY THE SETBACK REQUIREMENTS AND CO-LIVING/MICRO UNIT DEVELOPMENT REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE. RECOMMENDATION The administration recommends that the City Commission adopt the subject ordinance. BACKGROUND/HISTORY On February 12, 2020, at the request of Commissioner Ricky Arcola, the City Commission referred the item to the Land Use and Sustainability Committee (LUSC). On February 18, 2020 the Land Use and Sustainability Committee discussed the item and recommended that the City Commission refer the attached ordinance to the Planning Board. On March 18, 2020 the City Commission referred the item to the Planning Board (Item C4 U). ANALYSIS PLANNING ANALYSIS On October 16, 2019, the City Commission adopted ordinance 2019-4312 which amended the Washington Avenue Zoning incentives to authorize the development of co-living developments on a limited section of the corridor. Subsequently, a development proposal was presented to the Historic Preservation Board.A review of this HPB application noted that some of the regulations were inconsistent with other recent changes in the CD-2 district, as well as internally inconsistent. The attached LDR amendment was prepared by representatives of a proposed co-living Page 448 of 2461 development along Washington Avenue. The following is a summary of the proposed modifications to the Washington Avenue Overlay,which are proposed for clarity and consistency purposes: Interior Setbacks: Previously, the CD-2 regulations contained a special provision for buildings with mixed uses and when more than 25% of the floor area of buildings contained residential or hotel, the RM-1, 2, 3 setbacks controlled. The RM-1, 2, 3 setbacks regulations were recently amended to address this by removing the sum of the side yard requirements. However, the Washington Avenue Overlay development regulations were not similarly amended. The proposal herein would eliminate the requirement for sum of the side yard setbacks within the Washington Avenue Overlay, in order to be consistent with the previously amended R M-1,2, 3 setbacks. This modification would allow developments within the Washington Avenue Overlay that have frontages greater than 100 feet to provide the same setbacks as all other commercial districts. Co-Living Project Requirements: • For consistency within the text, all amenity space requirements can be provided within a unified development site, as opposed to a building. •A one-bedroom co-living unit must provide a washer and dryer within the unit, and co-living units with multiple bedrooms must provide a washer and dryer within the common space of the unit. • Co-living units will not contain more than six(6) bedrooms. • Gyms and fitness centers are permitted to be located on the ground floor fronting Washington Avenue for easy pedestrian access. • If a co-living unit does not provide dining, kitchen, and living area within the unit,then it must be provided on the same floor. This reinforces that the co-living residential model is intended for collaborative living spaces. The currently proposed co-living development has had difficulty complying with the regulations as approved in the adopting ordinance. The proposed amendment will provide for clearer standards and facilitate the development of any proposed co-living developments.This will further the revitalization of Washington Avenue which has been occurring since the original zoning incentives were adopted in 2016. Finally, at the recommendation of the City Attorney, the following provision has been stricken from the ordinance: "The tenants of co-living and micro units shall not be permitted to sublease units." PLANNING BOARD REVIEW On May 19, 2020, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0 with no changes. UPDATE The subject ordinance was approved at first reading on June 24, 2020, with no changes. Page 449 of 2461 CONCLUSION The administration recommends that the City Commission adopt the subject ordinance. Applicable Area South Beach Is this a"Residents Right Does this item utilize G.Q. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description o ORDINANCE - Form Approved Page 450 of 2461