Ordinance 2020-4366 FAENA DISTRICT OVERLAY
ORDINANCE NO.; 2020-4366
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS,"
AMENDING DIVISION 10, ENTITLED "FAENA DISTRICT OVERLAY," TO
AMEND THE PARKING REQUIREMENT FOR PLACE OF ASSEMBLY USE;
AMEND THE ALLOWABLE HEIGHT FOR RM-3 OCEANFRONT LOTS
GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO CONTAIN A
CONTRIBUTING HISTORIC STRUCTURE; AND AMEND THE ALLOWABLE
SETBACKS AND REQUIRED YARDS FOR RM-3 OCEANFRONT LOTS
GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO CONTAIN A
CONTRIBUTING HISTORIC STRUCTURE;AND PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, on December 17, 2014, the City Commission adopted Ordinance No. 2014-
3913, establishing the Faena Overlay District, which consists of properties owned, operated,
developed, or intended to be developed by the Faena Group, and is generally located along
Collins Avenue between 32nd and 36th Streets; and
WHEREAS, the City seeks to encourage and incentivize new development and the
preservation and restoration of structures located within the Faena Overlay District; and
WHEREAS, contributing historic structures located within the Collins Avenue corridor pre-
date the City's land development regulations and therefore do not meet the zoning standards and
are frequently permitted as legal nonconforming structures; and
WHEREAS, the preservation and restoration of the City's historic buildings and character
furthers the general welfare and is especially important to the citizens of Miami Beach; and
WHEREAS, the preservation and restoration of historic structures is often possible
through the construction of additions and/or new buildings on the same property; and
WHEREAS, the amendment set forth below is necessary to accomplish 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. Chapter 142, Article Ill entitled "Overlay Districts," Division 10, "Faena District
Overlay," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
* * *
ARTICLE III. OVERLAY DISTRICTS
* * *
DIVISION 10. FAENA DISTRICT OVERLAY
Sec. 142-867. Location and purpose.
The overlay regulations of this division shall apply to the properties identified in the Overlay
Map below:
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a) Lying East.diCollinsAvenue. •
v between.32nd Street.and 35th Street
(escludinglthe property presently.zoned GU).. 487-,,§
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b) Lying West of;CollinsAvenue between U
/ 33rd.Street and 35th Street(excluding: r •
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The purpose of this overlay district is to allow limited flexibility of uses, and limited increases in
heights, and limited flexibility in setbacks because of the common ownership and operation of the
properties within the overlay district and the value of preserving historic buildings within the
overlay district.
Sec. 142-869. Compliance with regulations.
The following overlay regulations shall apply to the Faena District Overlay. All development
regulations in the underlying regulations shall apply, except as follows:
* * *
(a) One place of assembly may be permitted as a main permitted use, within the areas that
have an underlying zoning designation of RM-2, in accordance with the following minimum
requirements:
* *
xvii. The required parking for a place of assembly is one space per eighty (80) square
feet of floor area available for seating.
* * *
(q) Within areas that have an underlying zoning designation of RM-3, lots which are
oceanfront lots with a lot area greater than 70,000 sq. ft. that also contain a contributing historic
structure shall have a maximum height of 250 feet.
Any building with a height exceeding 203 feet shall have a front setback of 75 feet
as measured to the closest face of a balcony.
(h) Within areas that have an underlying zoning designation of RM-3, lots which are
oceanfront lots with a lot area greater than 70,000 sq. ft. that also contain a contributing historic
structure:
The required pedestal and tower side street setback for alterations to and
extensions of a contributing historic structure shall be equal to the existing setback
of the contributing historic structure.
ii. The required pedestal side street setback for attached or detached additions to a
contributing historic structure that are located on the ground is 0'.
iii. The subterranean, pedestal, and tower interior side setbacks shall be zero(0')feet
for properties abutting a GU zoned parcel, and which also provide a view corridor
between an existing contributing building and the construction of a detached
ground level addition, subiect to the review and approval of the historic
preservation board, in accordance with the certificate of appropriateness review
criteria.
vi. There are no required sum of the side yard setbacks for pedestal or tower side
setbacks.
viii. The required subterranean rear setback is 46'from the bulkhead line.
ix. The required subterranean front setback is 15'.
x. The required front setback for at-grade parking and driveways is 8'-6".
xiv. The maximum permitted width of a porte-cochere for a contributing building may
exceed the requirements of allowable encroachments as outlined in city code
section 142-1132, not to exceed the width of an original porte-cochere. The
maximum permitted height of such porte-cochere shall be 19'.
xvi. The term "grade, average existing" which means the average grade elevation
calculated by averaging spot elevations of the existing topography taken at ten-
foot intervals along the property lines, shall be substituted for the term "grade" for
purposes of fence and wall heights and setbacks. However, a fence or wall which
faces Collins Avenue shall be measured from grade (the city sidewalk elevation at
the centerline of the front of the property).
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 d LAbev , 2020.
ATTEST:
Dan Gelber
0/2.4tvuzI Mayor
Rafa I E. Granado
City Clerk P: e :�';
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OWED)
MCORPc ORAWED)
First Reading: September 6, 2020
Second Readi Octo oI er 14 '020 „z.
Verified by: a .J
Thomas Mooney,!Al P
Planning Director
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
n7D- For -S-
City
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City Attorney ` lk Date
T:\Agenda\2020\09 September 16\Planning\Faena District Overlay amendments-First Reading ORD.docx
Ordinances-R5 M
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: October 14, 2020
3:00 p.m.Second Reading Public Hearing
SUBJECT: FAENA DISTRICT OVERLAY
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS,"
AMENDING DIVISION 10, ENTITLED "FAENA DISTRICT OVERLAY," TO
AMEND THE PARKING REQUIREMENT FOR PLACE OF ASSEMBLY USE;
AMEND THE ALLOWABLE HEIGHT FOR RM-3 OCEANFRONT LOTS
GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO CONTAIN
A CONTRIBUTING HISTORIC STRUCTURE; AND AMEND THE
ALLOWABLE SETBACKS AND REQUIRED YARDS FOR RM-3
OCEANFRONT LOTS GREATER THAN 70,000 SQUARE FEET IN SIZE,
WHICH ALSO CONTAIN A CONTRIBUTING HISTORIC STRUCTURE;AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
HISTORY
On April 22, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred
the item to the Land Use and Sustainability Committee and the Planning Board (Item C4 D). On
May 26, 2020,the Land Use and Sustainability Committee (LUSC) reviewed the ordinance and
provided a favorable recommendation. At the request of Faena representatives, the LUSC
discussion was also continued to the June 30, 2020 meeting for a more detailed presentation to
be provided to the committee.
On June 30, 2020 the item was deferred to the July 21, 2020 LUSC meeting, at the request of
Faena representatives. On July 21, 2020 the LUSC reaffirmed their favorable
recommendation.
BACKGROUND
Page 624 of 1576
On December 17, 2014, the City Commission adopted ordinance 2014-3913 establishing the
Faena Overlay District. The district includes the properties owned and operated by the FAENA
Group and is generally located along Collins Avenue between 32nd and 36th Streets. The
parcels west of Collins Avenue are in the more restrictive RM-2 zoning district and the adopted
overlay district modified some of the permitted uses in the RM-2 district as follows:
• Allowed for ballroom and assembly space (west of Collins and south of 34th Street) to be a
main permitted use and not classified as a neighborhood impact establishment, within the
confines of the overlay district. Typical uses would include art exhibits, conferences and other
similar activities.
• Allowed commercial uses to be a main permitted use within existing contributing structures on
the west side of Collins Avenue.
The adopted overlay also encouraged and allowed for non-standard paving designs for the
sidewalks and those portions of 34th Street between the Arts Center and Atlantic Beach Hotel.
On November 14, 2014, the Historic Preservation Board approved a Certificate of
Appropriateness for 3425 Collins Avenue (The Versailles Hotel — HPB File No. 7490). This
project was comprised of the partial demolition, renovation and restoration of the existing 16-
story Versailles hotel building, the total demolition of the 1955 south addition, and the
construction of a new 16-story detached ground level addition, as part of a new residential
development. On December 5, 2014, the Board of Adjustment approved a total of eleven (11)
variances related to the proposed new construction located on the site of the Versailles Hotel
building.
On March 8, 2016, the Historic Preservation Board approved modifications to the design and
site plan, including additional variances (HPB File No. 7603). Although the renovation and
addition to the Versailles Hotel was initially approved about the same time that the Faena
Overlay District was created, permits for the restoration and new construction have not been
issued and little activity has taken place on the site since the 1955 south addition was
demolished. With the application of numerous state extensions, the current approvals remain
active.
ANALYSIS
PLANNING ANALYSIS
The owner of the Versailles Hotel property is currently in the process of redesigning the
residential tower addition, along with some changes to the Versailles Hotel restoration plans.
When numerous variances were first granted by the Board of Adjustment and additional
variances were granted by the Historic Preservation Board, the importance of restoring one of
the most iconic Art Deco hotel structures was clearly recognized as a hardship due to the siting
issues related to the restoration of the contributing structure and site planning for new
construction.
Nearly all the variances are associated with locating the new construction as far from the existing
Versailles Hotel tower as possible, resulting in the construction located very near to the south
property line of the site. This was also only possible with the demolition of the former 1955
attached addition,which impacted the iconic original tower constructed in 1940 and designed by
architect Roy France.
Page 625 of 1576
Because of the design modifications now proposed, absent the ordinance amendment
proposed herein, modifications to the variances previously granted would be required.As
proposed, the subject Ordinance would apply to properties with an underlying zoning
designation of RM-3 within the existing overlay district on oceanfront lots with a lot area greater
than 70,000 sq. ft. that also contain a contributing structure. The property within the Faena
Overlay District that meets this requirement and is occupied by the vacant Versailles Hotel
located at 3425 Collins Avenue.
The following is a summary of the proposed amendments presented to the Planning Board.
Except for the proposed increase in height, they are largely consistent with the variances
previously granted by the Historic Preservation Board and Board of Adjustment:
• The required parking for a place of assembly is reduced from one space per sixty(60)square
feet to one space per eighty(80)square feet of floor area available for seating.
• Within areas that have an underlying zoning designation of RM-3, oceanfront lots with a lot
area greater than 70,000 sq.ft.that also contain a contributing historic structure, shall be subject
to the following:
o The maximum building height is increased from 200 feet to 250 feet.
o The required pedestal and tower side street setback for alterations to and extensions of a
contributing historic structure shall be equal to the existing setback of the contributing historic
structure.
o The required pedestal side street setback for additions to a contributing historic structure that
are located on the ground is 0'.
o The required pedestal side street setback for a ground floor addition is 2'-10" for the first and
second floor.
o The required pedestal side street setback for a ground floor addition is 8" for the third and
fourth floor.
o The required tower side street setback for a ground floor addition is 8".
o There are no required sum of the side yard setbacks for pedestal or tower side setbacks.
o The required subterranean side street setback is 0'.
o The required subterranean rear setback is 46'from the bulkhead line.
o The required subterranean front setback is 15'.
o The required front setback for at-grade parking and driveways is 8'-6".
o The required setback in the Dune Preservation Overlay Zone from the Erosion Control Line
for a fence is 5'.
Page 626 of 1576
o The required side setback in the Oceanfront Overlay Zone for fences is 5'.
o The required pedestal side street setback for a fence is 5'.
o The maximum permitted width of a porte-cochere is 52% of the width of the building's
frontage.
o The maximum permitted height of a porte-cochere is 19'.
o The term "grade, average existing" which means the average grade elevation calculated by
averaging spot elevations of the existing topography taken at ten-foot intervals along the
property lines, shall be substituted for the term "grade" for purposes of fence and wall heights
and setbacks. However, a fence or wall which faces Collins Avenue shall be measured from
grade (the city sidewalk elevation at the centerline of the front of the property).
o Security guardhouses, not to exceed 200 square feet, may be permitted to encroach eight(8')
feet into the required front pedestal setback. The number of guardhouses shall be limited to two
(2) per property, and the location and design of security guardhouses shall be subject to the
review and approval of the historic preservation board, in accordance with the certificate of
appropriateness review criteria.
The modifications proposed are largely consistent with the variances previously granted for the
Versailles Hotel site by the Historic Preservation Board.As it pertains to the proposed increase
in height, even if adopted by the City Commission, the Historic Preservation Board still has the
full authority to evaluate the overall massing and design of any new construction in accordance
with the Certificate of Appropriateness review criteria, and potentially require a lower height and
modifications to the design. In light of the unique nature and history of the site, as outlined
above, the additional height may be warranted if benefits to the historic Versailles tower can be
established, as determined by the Historic Preservation Board.
PLANNING BOARD REVIEW
On July 27, 2020 the Ordinance was discussed by the Planning Board and continued to a date
certain of August 25, 2020. On August 25, 2020 the Planning Board held a public hearing and
transmitted the ordinance to the City Commission with a favorable recommendation by a vote of
5-2. The Planning Board also recommended the following changes, which have been
incorporated into the draft ordinance for first reading:
1. Consolidate the various side yard setback requirements for subterranean, pedestal and tower
from the previously proposed range of(zero (0')feet to 2'-10")to zero (0')for all such setbacks
as noted in the following condition, which includes a new view corridor requirement to be
reviewed by the Historic Preservation Board:
'The subterranean, pedestal, and tower interior side setbacks shall be zero (0') feet for
properties abutting a GU zoned parcel, and which also provide a view corridor between an
existing contributing building and the construction of a detached ground level addition,
subject to the review and approval of the historic preservation board, in accordance with the
certificate of appropriateness review criteria."
Page 627 of 1576
2. Clarify that the porte-cochere exceptions from city code section 142-1132 only applied to the
recreation/renovation of an original porte-cochere to a contributing building as follows:
"The maximum permitted width of a porte-cochere fora contributing building may exceed the
requirements of allowable encroachments as outlined in the city code section 142-1132, not
to exceed the width of an original porte-cochere. The maximum permitted height of such
porte-cochere shall be 19'."
3. Eliminate the proposed allowance of security guardhouses as allowable encroachments into
the required front yard.
The Planning Board also recommended that the City Commission accept the proffer made by
the property owner to move, at the sole expense of the property owner, the Jack Stewart Apollo
mural to a City owned building. The Board further recommended that the mural be placed on the
north elevation of the 17th Street parking garage, at the intersection of Convention Center Drive.
SUMMARY
The administration is supportive of the proposed amendment, as it addresses the complexities
of a unique building site and allows for a tower addition that maximizes the visibility and
individuality of the historic Versailles hotel. About the proffer of the property owner to relocate
the Apollo mural to a City owned building, at this time it is not recommended that the City
commit to such a proposal. The 17th Street garage would not be a good location for the mural,
as it lacks the adequate canvass wall for showcasing it. Additionally, the 17th Street garage is
anticipated to be replaced by a new structure in the future.
The administration also recommends that public benefits be explored for the project, in order to
further mitigate the impacts of the proposed height increase and relaxation of minimum
setbacks. In this regard, a scope of potential resiliency benefits pertaining to water management
assets for the site and immediate area is attached.Additional potential benefits may include, but
not be limited to a contribution to an affordable housing trust fund and beach resiliency benefits.
UPDATE
The subject ordinance was approved at first reading on September 16, 2020 with no changes.
Additionally, the City Commission referred the proposed ordinance to the Historic Preservation
Board for a recommendation, prior to second reading. THe Historic Preservation Board is
scheduled to review the proposed ordiannce at their October 13, 2020 meeting. The
administration will update the Commission on the recommendation of the Historic Preservation
Board at the October 14, 2020 City Commission meeting.
The proposer, Aman Group, has also been meeting with City staff regarding potential public
benefits related to resiliency. The administration will update the Commission on any proffers
made by the proposer at the October 14, 2020 City Commission meeting.
CONCLUSION
The administration recommends that the City Commission adopt the ordinance.
Applicable Area
Page 628 of 1576
Middle Beach
Is this a "Residents Right Does this item utilize G.O.
to_Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o Resiliency Benefits Scope
o Ordinance
Page 629 of 1576
FAENA - Summary of Potential Resiliency Features
1. A continuous system of shallow injection wells shall be provided, with a total of 9 wells for a total
capacity of 9@2,000 gallons per minute or 18,000 gpm. This will provide for water quality treatment
for 27 acres which is equivalent to.one third of the entire Indian Creek drainage basin as stated in
the drainage study performed by AECOM.
2. Or provide 3.4 acre—feet of storage under the open space area between 1' above the water table
and the surface.This will provide for water quality treatment for 27 acres which is equivalent to one
third of the entire Indian Creek drainage basin as stated in the drainage study performed by
AECOM.
3. Bioswales, within the green space area, provided the City receives credit from DERM for water
quality treatment equivalent to a 27 acre site which is equivalent to one third of the entire Indian
Creek drainage basin as stated in the drainage study performed by AECOM.
4. Any combination of items 1,2 and 3 above to provide for water quality treatment for 27 acres which
is equivalent to one third of the entire Indian Creek drainage basin as stated in the drainage study
performed by AECOM.
The above noted water treatment options shall promote the cleaning of the first flush of rainfall from
the lift station to the bay.The capacity of the above water treatment options shall not be utilized towards
on-site stormwater management and a separate stormwater management system shall be constructed
as described above.
At a minimum,the following benchmarks shall be met for the proposed shallow injection wells:
• All wells shall be provided for the sole purpose of improving the performance and quality of
storm water runoff from the proposed stormwater system, within the Indian Creek
Neighborhood.
• All wells shall have a minimum combined capacity of 18,000 gallons per minute with no well
design assuming more than 2,000 gallons per minute per individual well.
• All wells shall be designed and constructed in accordance with regulatory requirements.
• All wells shall be permitted for use as injection wells with passive pressure relief by means of
an orifice plate or other method approved by applicable regulatory authorities and the City.
• All wells shall contain a header,with an appropriate passive pressure relief device, manifolding
all wells to a proposed pump station.
• All wells shall be spaced in a manner to ensure that no well capacity is limited by another.
• All wells shall be tested to confirm minimum required capacity is achieved.
Page 630 of 1576