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Ordinance 2022-4500 Height Increase for Office Buildings in the CD-3 District Ordinance No. 2022-4500 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 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-337, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO INCREASE THE HEIGHT LIMIT FOR OFFICE USES MEETING CERTAIN LOCATION REQUIREMENTS; 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, the City's Land Development Regulations ("LDRs") provide for the regulation of land within the City; and WHEREAS, the City desires to facilitate the construction of new office buildings, which promote a live, work and play environment; and WHEREAS, with the construction of new office development, the City would be able to diversify its largely tourism-based economy; and WHEREAS, this Ordinance provides for a height increase for buildings with office as the main use, located in the CD-3 district, and fronting Washington Avenue between Lincoln Road and 17th Street. 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 6, "CD-3 Commercial, High Intensity District," is hereby amended as follows: CHAPTER 142 -ZONING DISTRICTS AND REGULATIONS * * * ARTICLE II. - DISTRICT REGULATIONS * * * DIVISION 6. - CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT * * * 1 Sec. 142-337. Development regulations and area requirements. (a) The development regulations in the CD-3 commercial, high intensity district are as follows: (1) Max FAR: Lot area equal to or less than 45,000 square feet-2.25; lot area greater than 45,000 square feet-2.75; oceanfront lots with lot area greater than 45,000 square feet-3.0. (2) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0. (3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue and between 16th Street and 17th Street shall have a maximum FAR of 2.75. (4) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 square feet with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 square feet. (b) However, the floor area ratio maximum for residential development, inclusive of hotels, in the architectural district shall be 2.50. (c) The lot area, lot width, unit size and building height requirements for the CD-3 commercial, high intensity district are as follows: Minimum Minimum Minimum Average Maximum Lot Area Lot Width Unit Size Unit Size Building (Square Feet) (Feet) (Square Feet) (Square Feet) Height (Feet) None None New New 75 feet. construction— construction— Lots on the north 550 800 side of Lincoln Rehabilitated Rehabilitated Road between buildings-400 buildings-550 Pennsylvania Non-elderly and Non-elderly and Avenue and elderly low and elderly low and Lenox Avenue, moderate moderate with a minimum income income lot area of housing-400 housing-400 30,000 square Workforce Workforce feet, and which housing-400 housing-400 contain a Hotel unit: Hotel units— contributing 15%: 300-335 N/A. The number building and an 85%: 335+ of units may not attached For hotel exceed the addition structures maximum providing a located within density set forth minimum of 100 the Collins Park in the hotel units, District, comprehensive where the generally plan. addition is set bounded by the back at least 75 erosion control feet from the line on the east, Lincoln Road the east side of property line, 2 Washington and has a street Avenue on the side setback of west, 23rd Street no less than 25 on the north, and feet - 75 feet. 17th Street on Notwithstanding the south, hotel the foregoing units shall be a requirements for minimum of 200 lots within the square feet. architectural For contributing district, for lots hotel structures, fronting on located within an James Avenue, individual bounded by 17th historic site, a Street to the local historic north and district or a Lincoln Road to national register the south, the district, which historic are being preservation renovated in board, in accordance with accordance with the Secretary of the certificate of the Interior appropriateness Standards and criteria in Guidelines for chapter 118, the article X, shall Rehabilitation of have discretion Historic to allow up to 75 Structures as feet in height for amended, those properties retaining the that provide a existing room minimum of five configuration stories of shall be parking, of which permitted, a minimum of provided all 250 spaces must rooms are a be minimum of 200 unencumbered square feet. by any use at the Additionally, property and existing room provided further configurations that a minimum for the above setback of 75 described hotel feet shall be structures may required from be modified to Collins and address Washington applicable life- Avenue for any safety and portion of a accessibility building above regulations, 50 feet in height. 3 provided the 200 Lots within the square feet architectural minimum unit district: 50 feet. size is Lots fronting on maintained, and 17th Street: 80 provided the feet. maximum Lots fronting occupancy per Washington hotel room does Avenue not exceed 4 between persons. For Lincoln Road new hotel units and 17th Street within attached for main use or detached office building: additions to 80 feet contributing City Center Area buildings on the (bounded by north side of Drexel Avenue, Lincoln Road, 16th Street, between Collins Avenue Pennsylvania and the south Avenue and property line of Lenox Avenue, those lots with at least 5% fronting on the of the total floor south side of area dedicated Lincoln Road): to amenity 100 feet. space, the Notwithstanding minimum unit the above, the size shall be 200 design review square feet. board or historic preservation board, in accordance with the applicable review criteria, may allow up to an additional five feet of height, as measured from the base flood elevation plus maximum freeboard, to the top of the second floor slab. For new hotel Notwithstanding units within the foregoing attached or requirement for detached City Center 4 additions to Area, the contributing following buildings on the additional shall south side of apply: Lincoln Road, The height for between lots fronting on Pennsylvania Lincoln Road Avenue and and 16th Street Lenox Avenue, between Drexel with at least 5% Avenue and of the total floor Washington area dedicated Avenue are to amenity limited to 50 feet space, the for the first 50' of average unit size lot depth. shall be 250 The height for square feet. lots fronting on Hotel units within Drexel Avenue is rooftop additions limited to 50 feet to contributing for the first 25' of structures in a lot depth (except historic district as provided in and individually section 142- designated 1161). historic buildings-200. 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" maybe 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. 5 SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this A day of Juvl , 2022. Dan Gelber, Mayor ATTE . JUN 2 3 2022 Rafael E. Granado, City Clerk. APPROVED AS TO FORM AND • t LANGUAGE AND FOR EXECUTION :INEORP RATED;• �CH'26�\' City Attorney Date First Reading: April 6, 2022 14—Second Reading: May 4, 2022 • Underline denotes new langage Verified by: V -- r . • Thomas R. Moon` y, AlOP Planning Director T:\Agenda\2022\4 April 2022\Planning\CD-3 Office Heights-First Reading ORD.DOCX 6 Ordinances -R5 K MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager • DATE: June 22, 2022 1:45 p.m. Second Reading Public Hearing SUBJECT: HEIGHT INCREASE FOR OFFICE BUILDINGS IN THE CD-3 DISTRICT 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 6, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," BY AMENDING SECTION 142-337, ENTITLED "DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO INCREASE THE HEIGHT LIMIT FOR OFFICE USES MEETING CERTAIN LOCATION REQUIREMENTS; 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 9, 2022, at the request of Commissioner Ricky Arriola, the City Commission referred the proposed Ordinance to the Land Use and Sustainability Committee (LUSC) and the Planning Board for review and recommendation(item C4 P). On March 4, 2022, the LUSC recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation. Additionally, the Historic Preservation Board reviewed this proposal at their May 10,2022 meeting and made no recommendation. ANALYSIS PLANNING ANALYSIS. A property owner is seeking to develop Class A office space along the east side of Washington Avenue, between Lincoln Road and 17th Street, and is requesting a limited height increase to 80 feet for office space in the CD-3 zoning district to make the project possible. Under the current regulations of the City Code, the maximum building height for this property is 50 feet, as it is located within the Architectural District.Attached is the proposed office plan and illustrations. Currently, CD-3 zoned lots fronting 17th Street have a maximum building height limit of 80 feet. Page 539 of 1232 Additionally, within the City Center Area just south of the subject site, the maximum building height limit is 100 feet. The attached Ordinance amends Sec. 142-337(c) of the LDR's to allow a maximum building height of 80 feet for main use office buildings, on lots fronting Washington Avenue between Lincoln Road and 17th Street.As the area for the proposed height increase is limited in scope, and the proposed height of 80 feet is consistent with the allowable heights for new construction to the immediate north and south,the Administration is supportive of the proposal. PLANNING BOARD REVIEW The Planning Board held a public hearing on March 22, 2022, and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 6-0. UPDATE On April 6, 2022, the City Commission approved the Ordinance at First Reading, with no changes. Additionally, the City Commission requested that the Historic Preservation Board review the proposed Ordinance and provide a recommendation, prior to Second Reading. On April 12, 2022, the HPB discussed the proposed Ordinance and requested that the proposer provide additional illustrations of the impact of the proposed height increase, for review at the May 10, 2022 HPB meeting. The HPB recommended that the Second Reading / Adoption of the Ordinance be moved to the June 22, 2022 City Commission meeting, so that the Board can review the revised drawings and provide a recommendation to the City Commission. On May 4, 2022 Second Reading/Adoption of the Ordinance was opened and continued to the June 22, 2022 City Commission meeting, to accommodate the request of the HPB. On May 10, 2022 the HPB discussed the proposed Ordinance and passed a motion (5-2) issuing no recommendation. SUPPORTING SURVEY DATA I ncentivize Quality Office Development FINANCIAL INFORMATION No Fiscal impact 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.O. to Know" item, pursuant to Bond Funds? City Code Section 2-14? Yes No Legislative Tracking Page 540 of 1232 Planning Sponsor Commissioner Ricky Arriola ATTACHMENTS: Description © Project Illustrations o Ordinance Page 541 of 1232 ra 1;hNeel 41 �p I q L'a..�'I-ts q.V.4,r i•n rN ,4 ONE SOUNDSCAPE PARK C . 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