Ordinance 2023-4546 LDR Amendment—Square Footage for FAR Increases
ORDINANCE NO.. 2023-4546
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 I, ENTITLED "GENERAL TO
ALL ZONING DISTRICTS," BY CREATING SECTION 142-5, ENTITLED
"REQUIREMENTS FOR PROPOSED INCREASES IN ALLOWABLE FLOOR
AREA RATIO (FAR)," TO ESTABLISH A REQUIREMENT TO IDENTIFY THE
MAXIMUM AMOUNT OF FLOOR AREA THAT COULD BE APPROVED IN
CONNECTION WITH A PROPOSED FAR INCREASE; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, City Charter Section 1.03(c), requires that any increase in zoned floor area
ratio (FAR) for any property in the City must first be approved by a majority vote of the electors of
the City of Miami Beach; and
WHEREAS, the City of Miami Beach (the"City") seeks to adopt regulations to ensure that
the impacts of any future FAR increase (including impacts on the City's urban environment and
infrastructure) are well understood prior to consideration of such questions by voters; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish the objectives
above.
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 I, "General to All Zoning
Districts," is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE I. —GENERAL TO ALL ZONING DISTRICTS
* * *
Sec. 142-5. Requirements for proposed increases in allowable floor area ratio (FAR).
The following shall apply to any proposal to increase the maximum allowable FAR within any
zoning district:
(1) Prior to approval of a ballot question, if required pursuant to the City Charter, or in advance of
first reading of the applicable amendment to the Land Development Regulations, whichever
1
comes first, the maximum square footage associated with the proposed increase in FAR shall be
identified, to the qreatest extent possible.
(2) The requirements of this section may be waived by the City Commission, at its sole discretion,
on a 5/7ths vote.
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 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 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 10 days after adoption.
PASSED and ADOPTED this en day of ri' , 2023.
ATTEST:
Dan Gelber, Mayor
A� i
MAY �0 2 2023 APPROVED AS TO
FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
First Reading: March 27, 2023 3—it,
Second Reading: pril 28, 023 City Attorney Date
Verified by:
Tho as R. Mooney, AICP
Planning Director
T:\Agenda\2023\2-March 2023\Planning\Square Footage for FAR Increases-First Reading ORD.docx ; 3
INCORP°RATED.'
2 cN 26.
Ordinances-R5 F
MIAMI BEACH . •
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: April 28, 2023
10:35 a.m. Second Reading Public Hearing
SUBJECT: LDR AMENDMENT-SQUARE FOOTAGE FOR FAR INCREASES
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 I,
ENTITLED "GENERAL TO ALL ZONING DISTRICTS," BY CREATING
SECTION 142-5, . ENTITLED "REQUIREMENTS FOR PROPOSED
INCREASES IN ALLOWABLE FLOOR AREA RATIO (FAR)," TO
ESTABLISH A REQUIREMENT TO IDENTIFY THE MAXIMUM AMOUNT OF
FLOOR AREA THAT COULD BE APPROVED IN CONNECTION WITH A
PROPOSED FAR INCREASE; 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 October 26, 2022, at the request of Commissioner Kristen Rosen Gonzalez, the City
Commission referred a discussion item (C4 0) to the Public Safety and Neighborhood Quality
of Life Committee (PSNQLC). This discussion item pertained to providing supplementary
information,where permitted by law, illustrating the actual amount of additional square footage of
floor area on properties that would benefit from a ballot measure proposing an increase in floor
area ratio (FAR).
On December 7; 2022, the PSNQLC discussed the item and recommended that the City
Commission refer an ordinance to the Planning Board that would codify a requirement for
identifying increases in actual square footage associated with proposed increases in FAR prior
to approval of a ballot question.Additionally, Commissioner Alex Fernandez agreed to become
a co-sponsor of the proposal.
On February 1, 2023, the City Commission referred the proposed ordinance to the Planning
Board (Item C4 F).
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ANALYSIS
The impacts of an increase in maximum floor area ratio (FAR) can vary, depending,upon the
actual increase in intensity proposed. For instance, the ballot question approved in 2020 that
created additional exceptions to FAR (stairs above the roof, bike parking and FPL vaults) had
little to no impact on the intensity or massing of a building. However,the FAR increase approved
in 2017 for the North Beach Town Center (TC-C) area had a much more significant.impact, as
the maximum FAR for a larger, defined area, was increased to 3.5, from the previous FARs of
1.25 (TC-3); 1.5/2.0 (TC-2), and 2.25/2.75 (TC-1).
The City Commission can request, as needed, an intensity analysis that would show the visual
impact of future FAR increases. It is important to note that smaller FAR increases may not
always result in new building mass being visible from the street or sidewalk. However, for larger
FAR increases, massing studies would clearly show how much additional square footage would
be allowed and provide a good comparison to the existing regulations.
The attached draft ordinance creates Section 142-5 in the Land Development Regulations of
the City Code (LDRs) and would apply to a proposal to increase the maximum allowable FAR
within any zoning district. As recommended by the PSNQLC, the proposed amendment would
require that prior to approval of a ballot question, if required pursuant to the City Charter, or in
advance of First Reading of an applicable amendment to the LDRs, whichever comes first, the
maximum square footage associated with the proposed increase in FAR shall be identified, to
the greatest extent possible.
Additionally, a provision has been added that would allow for these requirements to be waived
by a 5/7th vote of the City Commission, for any reason.
The Administration believes that the proposed ordinance amendment is not necessary as the
identification of square footage associated with increases in FAR should be considered on a
case-by-case basis. Currently the City Commission has the flexibility to decide which FAR
increases may need to have such an analysis, prior to being placed on a ballot. Notwithstanding
the foregoing, the Administration would be supportive of the proposal moving forward, provided
the waiver provision described herein remains.
PLANNING BOARD REVIEW
On February 28, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).. Additionally, the
Planning Board recommended the following modifications to the ordinance:
• 1. In addition to the quantitative FAR analysis, massing studies associated with all proposed
FAR increases should be provided.
2. The proposed waiver provision should only apply when the proposed FAR increase cannot
be quantified, and not for any reason.
The modifications recommended by the Planning Board have not been incorporated into the
proposed ordinance for First Reading, and the Administration does not recommend that either
recommendation be included. In this regard, massing studies, which are costly and typically not
budgeted, can often be very misleading, as they do not account for the different ways that
additional building mass can be articulated, nor do they effectively illustrate architectural
Page 486 of 991 •
expression.
If the City Commission desires massing studies for any proposed FAR increase in the future,
as a body it can certainly require such studies, at its discretion. However, a requirement for
massing studies should not be mandated for every proposal to increase FAR. Additionally, the
subject waiver does need to be for any reason, as currently drafted, in case there are timing
issues with regard to approving ballot language and should not be limited to those proposals that
cannot be quantified.
UPDATE
The subject ordinance was approved at First Reading on March 27, 2023, with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact is anticipated.
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
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 Kristen Rosen Gonzalez and Commissioner Alex Fernandez
ATTACHMENTS:
Description
o Ordinance
Page 487 of 991