Ordinance 2022-4511 R-PSI and R-PS2 Apartment-Hotel Conversion Incentives-LDR
ORDINANCE NO. 2022-4511
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 18, ENTITLED "PS PERFORMANCE STANDARD
DISTRICT," BY AMENDING SECTION 142-694, ENTITLED
"NONCONFORMING USES AND STRUCTURES," TO ESTABLISH FAR AND
BUILDING HEIGHT INCENTIVES FOR THE CONVERSION OF EXISTING
APARTMENT HOTEL USES TO RESIDENTIAL APARTMENT USE; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety and general welfare of its citizens; and
WHEREAS, the current R-PSI and R-PS2 regulations prohibit apartment hotel uses; and
WHEREAS, the City seeks to encourage and incentivize existing apartment hotel uses in
the R-PSI and R-PS2 districts to convert to conforming residential apartment use; and
WHEREAS, Section 1.03(c) of the City Charter provides as follows:
The floor area ratio of any property or street end within the City of
Miami Beach shall not be increased by zoning,transfer,or any other
means from its current zoned floor area ratio as it exists on the date
of adoption of this Charter Amendment [November 7, 2001] . . . ,
unless any such increase in zoned floor area ratio for any such
property shall first be approved by a vote of the electors of the City
of Miami Beach; and
WHEREAS, this Ordinance, in pertinent part, creates FAR incentives for the conversion
of apartment hotels; and
WHEREAS, accordingly, and pursuant to Section 1.03(c)of the City Charter,the adoption
of this Ordinance requires the prior approval of the voters in a Citywide referendum; and
WHEREAS,the amendments set forth below are 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, "Zoning Districts and Regulations," at Article II, entitled "District
Regulations," at Division 18, entitled "PS Performance Standard District," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended as
follows:
Sec. 142-694.—Nonconforming uses, lots and structures.
Lal Nonconforming uses, lots and structures shall be subject to the regulations contained
in chapter 118, article IX.
The following regulations shall apply to the conversion of a legally established, non-
conforming apartment hotel use located in the R-PS1 or R-PS2 district, to a conforming
residential apartment use, notwithstanding the underlying district regulations in Sec. 142-
696:
fl For those properties located in the R-PS1 district, the maximum floor area ratio (FAR)
shall not exceed 1.50 and the maximum building height shall be 55 feet, except for lots
that are 50 feet wide or less, in which case the maximum building height shall be 50 feet.
al For those properties located in the R-PS2 district, the maximum floor area ratio (FAR)
shall not exceed 1.75 and the maximum building height shall be 65 feet, except for lots
50 feet wide or less, in which case the maximum building height shall be 60 feet.
DI The above noted FAR and building height limits shall only apply (i) to those properties
that, as of the date of this Ordinance, have a legally established apartment hotel as the
main permitted use, and (ii) if the entire property is converted to a conforming residential
use.
al A property may only be eligible for the FAR and building height incentives set forth herein
if the property owner elects, at the owner's sole discretion, to voluntarily execute a
restrictive covenant running with the land, in a form approved by the City Attorney,
affirming that, for a term of 30 years, none of the residential units on the property shall
be leased or rented for a period of less than six months and one day.
0_1 The above noted FAR and building height limits shall not apply to transient uses of any
kind including, but not limited to, hotel, suite hotel, apartment-hotel or the short term
rental of apartment units.
The above noted provisions pertaining to FAR and building height shall only apply to
proiects that have obtained a full building permit or certificate of use for the conversion
to a conforming residential use by December 31, 2025.
El There shall be no variances from any of the above noted provisions.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
2
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall
not be affected by such invalidity.
SECTION 4. 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 Miami Beach
City Code. The sections of this ordinance may be renumbered or relettered to accomplish such
intention, and the word "ordinance" may be changed to "section," "article," or other appropriate
word.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect on the a Y day of 981'1"be' 2022.
PASSED and ADOPTED this /y day of Q4i416er,, 2022.
12-2 •11-----__
_ I
Dan Gelber
Mayor
ATTEST:
.........„.4,
SEP 2 1 2022
Rafae . Granado
City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
City Attorney a..._ Date
First Reading: May 4, 2022
Second Reading: Septe er 4, 202 _ t.s
It> y
Verified By: s IIflCORPORATED'
Thomas R. Mooney, AICP %, '••
Planning Director ,,,,o;�,..,:;f .
T:\Agenda\2022\8_September 20221PIanning\9-22 Ordinances final vesion - Word document\RPS Apartment Hotel Conversion
Incentives-Second Reading ORD ADOPTED FINAL.docx
3
RPS1 and RPS2-DENSITY AND INTENSITY IMPACT ANALYSIS
The proposed Comprehensive Plan and LDR amendments would affect the following parcels that have legally
non-conforming apartment-hotels in the R-PS1 and R-PS2 zoning districts:
Affected Parcels
# Addresses wing Lot Sae Lot Size
(SF) (AC)
1 226 Jefferson Avenue R-PS1 7,000 0.16
2 333&343 Jefferson Avenue R-PS2 14,000 0.32
3 310 Meridian Avenue R-PS2 7,000 0.16
4 727&735 2nd Street R-PS2 1,827 0.04
5 350 Euclid Avenue R-PS2 7,000 0.16
6 334,338,&344 Euclid Avenue R-PS2 14,000 0.32
7 350 Washington Avenue R-PS2 4,725 0.11
Total 55,552 1.28 -
Under existing FAR and density limits, the affected parcels have the following impacts if the legally non-
conforming apartment-hotels are maintained:
Current Limits
Trip
Current Max Current Max Current Max Generation Current
Existing Density Units Peak Hour Potential
d Addresses FAR Floor Area (Dwelling (Dweling Rate(AN Peak Hour
(SFl Units/AC) Units) Suites Trips
Hotel)
1 226 Jefferson Avenue 1.25 8,750 57 9 0.55 5
2 333&343 Jefferson Avenue 1.50 21,000 70 22 0.55 12
3 310 Meridian Avenue 1.50 10,500 70 11 0.55 6
4 727&735 2nd Street 1.50 2,741 70 3 0.55 2
5 350 Euclid Avenue 1.50 10,500 70 11 0.55 6
6 334,338,&344 Euclid Avenue 1.50 21,000 70 22 0.55 12
7 350 Washington Avenue 1.50 7,088 70 8 0.55 4
Total 81,578 87 48
If all legally non-conforming apartment-hotel uses are converted to residential uses with increased FAR and
density as proposed, the following impacts could be expected:
Proposed Limits
Proposed Proposed Trip Proposed
Proposed a'epoeed Generation
Ilex Density Mu Units Parental
Addresses FAR Ala oOr ( ,- �Mnv ..a'arslt Noun Peet How
"mm (� : UnalilAC) .�) ..mars ` 'nips: .
• (Aar
1 226 Jefferson Avenue 1.50 10,500 80 13 0.62 8
2 333&343 Jefferson Avenue 1.75 24,500 95 31 0.62 19
3 310 Meridian Avenue 1.75 12,250 95 15 0.62 9
4 727&735 2nd Street 1.75 3,197 95 4 0.62 2
5 350 Euclid Avenue 1.75 12,250 95 15 0.62 9
6 334,338,&344 Euclid Avenue 1.75 24,500 95 31 0.62 19
7 350 Washington Avenue 1.75 8,269 95 10 0.62 6
Total 95,466 119 74
The following is a summary of the collective impact that the proposed amendments could have within the R-PS1
and R-PS2 districts:
Potential Impacts
Potential Floor Area Increase(SF) 13,888
Potential Units Increase(Units) 32
Potential Peak Hour Traffic Increase (Trips) 26
Page 729 of 1700
Uses in the i. ji T,
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Page 730 of 1700
R-PS1 and R-PS2 Districts within
Ocean Beach Historic District Boundaries
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Page 731 of 1700
Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 14, 2022
10:45 a.m. Second Reading Public Hearing
SUBJECT: R-PS1 AND R-PS2 APARTMENT-HOTEL CONVERSION INCENTIVES -
LDR
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 18, ENTITLED "PS
PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-
694, ENTITLED "NONCONFORMING USES AND STRUCTURES," TO
ESTABLISH FAR AND BUILDING HEIGHT INCENTIVES FOR THE
CONVERSION OF EXISTING APARTMENT HOTEL USES TO
RESIDENTIAL APARTMENT USE;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 September 17, 2021, at the request of Commissioner Mark Samuelian, the City
Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC)
pertaining to quality-of-life strategies for dealing with future and existing apartment hotels in the
South of Fifth area (C4G). On October 19, 2021, the LUSC discussed and continued the item
to the December 2021 LUSC meeting with direction to the Administration to study potential
strategic increases in FAR and height within the R-PS1 and R-PS2 districts for the limited
purpose of incentivizing the conversion of existing apartment hotels to residential use.
The December 2021 LUSC meeting did not take place, and the item was automatically
deferred to the first available meeting of 2022. On February 11, 2022,the LUSC discussed the
proposal for strategic increases in FAR and height within the R-PS1 and R-PS2 districts and
recommended that the draft Ordinance prepared by the Administration be moved to the City
Commission for referral to the Planning Board. Additionally, the LUSC recommended the
following:
Page 722 of 1700
1. The addition of an express prohibition on the short-term rental of any apartment units.
2.A 3-year sunset provision.
On March 9, 2022, the City Commission referred the subject Ordinance, inclusive of the
recommendations of the LUSC,to the Planning Board (C4B).
ANALYSIS
PLANNING ANALYSIS
The proposed Ordinance amends Section 142-694 of the Land Development Regulations
(LDR's)of the City Code to create incentive provisions for the conversion of existing apartment
hotels located in the R-PSI or R-PS2 district, which are legal non-conforming, to convert to a
conforming residential use. Specifically, the following would apply to residential uses that
replace existing apartment hotel uses:
R-PS1 District:
• The maximum floor area ratio (FAR) shall not exceed 1.50. Currently the maximum FAR is
1.25. This represents an increase in FAR of .25.
• The maximum building height shall be 55 feet, except for lots 50 feet wide or less, in which
case the maximum building height shall be 50 feet. The current maximum building height is 45
feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in
overall building height of 10 feet.
R-PS2 District:
• The maximum floor area ratio (FAR) shall not exceed 1.75. Currently the maximum FAR is
1.50. This represents an increase in FAR of.25.
• The maximum building height shall be 65 feet, except for lots 50 feet wide or less, in which
case the maximum building height shall be 60 feet. The current maximum building height is 45
feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in
overall building height of 20 feet.
A separate, companion Ordinance to amend the future land use element of the 2040
Comprehensive Plan, is also proposed, and would modify the maximum density (maximum
number of dwelling units per acre)and intensity(FAR) limits in the R-PSI and R-PS2 districts
to correspond with the proposed LDR amendments pertaining to maximum FAR. These FAR,
density and building height limits would only apply to those properties that have a legally
established apartment hotel as the main permitted use, and which convert the entire property to
a conforming residential use.
The proposed increase in building height in the R-PSI and R-PS2 districts is commensurate
with the proposed increase in maximum FAR.Although this additional height will be slightly taller
than what is currently permitted, it will only be applicable to a limited number of properties.
The subject Ordinance mandates that property owner(s)must agree, via recorded covenant, not
to engage in short term rentals of any apartment units.Additionally, the provisions of the
Ordinance shall only apply to projects that have obtained a full building permit or certificate of
Page 723 of 1700
use for the conversion to residential use by December 31, 2025, and there shall be no
variances from any of the Ordinance provisions.
The attached maps show the existing parcels in the RPS-1 and R-PS2 districts, including those
within the boundaries of the Ocean Beach Local Historic District. The maps also denote all
existing uses, including those properties that are either currently operating as an apartment hotel
or have an active building permit for an apartment hotel. Only those properties legally
established as an apartment hotel would be eligible to utilize the proposed FAR and height
incentives, and the total number of eligible properties is limited.Also, there is a fixed timeframe
for eligible properties to avail themselves of these incentives.
As noted in the attached Density and Intensity Impact Analysis for the affected area, the
proposed FAR and density increases could result in an additional 32 units beyond what is
permitted today. This could result in an additional 26 peak hour vehicle trips taking place,
assuming no trip reductions are provided for public transportation and alternative modes of
transportation, which are common for this neighborhood. Given the limited scope of these
amendments,the potential impacts are de minimis.
The modest and context sensitive increases in allowable FAR, density and building height
proposed for these limited number of properties is not expected to have a negative impact, as
the maximum FAR, density and height permitted in these districts is already restricted. Since
most of the apartment hotel uses in the area are in smaller, older buildings, a slight increase in
allowable FAR and/or building height may incentivize a re-conversion back to residential use.
Lastly, pursuant to Section 1.03(c) of the City Charter, final adoption of the Ordinance, if
approved at First Reading, requires voter approval for the proposed increase in FAR.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on April 26, 2022 and transmitted the Ordinance to
the City Commission with a favorable recommendation(7-0).
UPDATE
On May 4, 2022, the City Commission approved the subject Ordinance at First Reading and
scheduled Second Reading /Adoption for September 14, 2022, subject to voter approval of
the proposed FAR increase. Additionally, the City Commission adopted Resolution No. 2022-
32168 to place a ballot question pertaining to the proposed FAR increase on the City's August
23, 2022 ballot.
Pursuant to Resolution No. 2022-32168, the following ballot question was submitted to the
City's voters:
RPS1 District/RPS2 District- FAR Incentive to Convert Remaining Apartment Hotel
Uses to Residential Use
City Charter requires voter approval before increasing a property's floor area ratio ("FAR')
(City's method of regulating building size). In certain residential zoning districts south of 5th
Street, apartment-hotels are now prohibited, but previously approved properties may
Page 724 of 1700
continue such uses.
Shall the City increase FAR from 1.25 to 1.50 in the RPS1 District, and from 1.50 to 1.75 in
the RPS2 District, to provide an incentive for converting these remaining apartment hotel
uses to residential use?
On August 23, 2022, the ballot question was approved by 71.26 percent of the City's voters.
Therefore, contingent upon the certification of the election results,the subject Ordinance can be
adopted by the City Commission.
SUPPORTING SURVEY DATA
Enhance Residents Quality of Life
FINANCIAL INFORMATION
No Fiscal Impact Expected
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
Planning
Sponsor
Vice-Mayor Alex Fernandez
ATTACHMENTS:
Description
o Ordinance
o Density and Intensity Analysis
o MAP- RPS 1 and 2 Uses
o MAP- RPS Historic District Boundaries
Page 725 of 1700