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Ordinance 2021-4407 Faena District Overlay—Revised Building Height Limit ORDINANCE NO. 2021-4407 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," SECTION 142-869, ENTITLED "COMPLIANCE WITH REGULATIONS," TO AMEND THE MAXIMUM ALLOWABLE HEIGHT 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, the City of Miami Beach("City")desires to encourage private property owners to redevelop and manage properties under common ownership comprehensively rather than in a piecemeal manner; and WHEREAS, the City seeks to encourage and incentivize new development and the preservation and restoration of structures located within the Collins Avenue corridor; 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 is a priority for the City Commission and the citizens of Miami Beach;and WHEREAS, development incentives for additions and/or new buildings can incentivize the preservation and restoration of historic structures 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, entitled "Zoning Districts and Regulations," Article Ill, entitled "Overlay Districts," Division 10, entitled "Faena District Overlay," is hereby amended as follows: DIVISION 10. FAENA DISTRICT OVERLAY * * * Sec. 142-867. Location and purpose. The overlay regulations of thisdivision shall apply to the properties identified in the Overlay Map below: i RIM ici 111111. icw vti . lin i t] liWilli fQ . \. \ /•/i Faena District 111116: Ail:, Overlay 3srNrs—I 14 / Alit Je ArAne / A ri,,,.4, / ...irdi Ordarow; ' .04; � 4 404. ' si le4ps. s Location: / f al LyingEast.ofCo�insAvenue. between°32nd,SVeetand 35th Street (excludingtheproperty presently.zoned GU).. .3.'Srr / b) L'ging.West of'ColtnsAvenue between ,3C ..----/ / 33rd.Street and 35th Street(excluding; f Lots:14-17,Block 22ofthe-OceanFront "' Property ofthetutiami:9each•In ptove'rnent. N Co:Subdivision). c)Lying:at ttie Northwest corner:of Collinsw E AVenue and 35th Street`(Lots 10'11 and 15, ".,'1)y sr Block 24,ofthe Ocean Front Properly of the �,1 Miami Beach Irnprovement Co.Subdyision). / S -----4. / / / / The purpose of this overlay district is to allow limited flexibility of uses, 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 district regulations shall apply, except as follows: * * * (g) 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 250 221 feet. i. 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. * * * 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 i day of Apri , 2021. ;= q °•; Dan Gelber, Mayor %MCORP ORATED. ATTEST: ':,, •.• , <, `'_'APPROVED AS TO FORM AND q?k' Lo _ LANGUAGE AND FOR EXECUTION Rafael E. Granado, ity Clerk 3 Z- 1 City Attorney Qtr._ Date First Reading: March 17, 2021 Iv Second Reading: Aid! 21, 20 Verified by: _ Thom s Mooneji(. AICP ning Director T:Wgenda\2021\5_March 17\Planning\Faena District Overlay Revised Height Amendment-First Reading ORD.docx Ordinances -R5 C MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, Interim City Manager • DATE: April 21, 2021 10:20 a.m. Second Reading Public Hearing SUBJECT: FAENA DISTRICT OVERLAY- REVISED BUILDING HEIGHT LIMIT 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," SECTION 142-869, ENTITLED "COMPLIANCE WITH REGULATIONS," TO AMEND THE MAXIMUM ALLOWABLE HEIGHT 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 Ordinance. BACKGROUND/HISTORY HISTORY On January 13, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred the subject Ordinance to the Planning Board (item C4 B). BACKGROUND 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 Page 360 of 2709 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. On April 22, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred an ordinance to amend the Faena District Overlay Regulations to modify height limits for oceanfront lots greater than 70,000 SF with a contributing structure from 200 feet to 250 feet 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 in order for a detailed presentation to be provided to the committee. On June 30, 2020 the item was deferred to the July 21, 2020 LUSC meeting. On July 21, 2020 the LUSC reaffirmed their favorable recommendation. 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 were 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 Page 361 of 2709 the review and approval of the historic preservation board, in accordance with the certificate of appropriateness review criteria." 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 for a 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. On September 16, 2020, the subject ordinance was approved at first reading with no changes by a vote of 7-0. Additionally, the City Commission referred the proposed ordinance to the Historic Preservation Board for an advisory opinion by a vote of 5-2. On October 13, 2020, the Historic Preservation Board recommended that the City Commission not adopt the proposed ordinance by a vote of 6-0. On October 14, 2020, the City Commission adopted the ordinance (Ordinance No. 2020-4366) by a vote of 5-2. ANALYSIS PLANNING ANALYSIS The Versailles Hotel is one of the most iconic Art Deco hotel structures in the City. The original tower was constructed in 1940 and designed by architect Roy France. The owner of the hotel property is currently in the process of redesigning the residential tower addition, along with some changes to the Versailles Hotel restoration plans. In order to facilitate the restoration of the Versailles Hotel and the development of the Aman Hotel & Residences project, the City Commission adopted Ordinance No. 2020-4366, which modified the development regulations for oceanfront lots with a lot area greater than 70,000 sq. ft. that also contain a contributing historic structure. The primary modification was to increase the height limit from 200 feet to 250 feet. Several neighbors of the property expressed concerns with the increased height permitted under Ordinance No. 2020-4366; in particular that the additional height would block views, air, and light. To this end, the proposed Ordinance reduces the height limit from 250 feet to 221 feet. Since the site can be redeveloped with the reduced height limit, while continuing the restoration of the historic Versailles Hotel, the Administration is supportive of the proposed change. PLANNING BOARD REVIEW On February 23, 2021, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-1. Additionally, the Planning Board, by a vote of 7 to 0, recommended that the City Commission take measures to protect and preserve the Jack Stewart Apollo mural in perpetuity and for it to be designated as an historic feature or artifact, if permitted by the City Code. UPDATE Page 362 of 2709 The subject Ordinance was approved at First Reading on March 17, 2021, with no changes. SUPPORTING SURVEY DATA Appropriate Regulation of Development CONCLUSION The Administration recommends that the City Commission adopt the Ordinance. Applicable Area 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 Arcola ATTACHMENTS: Description D Ordinance Page 363 of 2709