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Ordinance 2023-4553 Voter Enacted Incentives for Office Uses in C-PS1 District LDR Amendment ORDINANCE NO. 2023-4553 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, "PS PERFORMANCE STANDARD DISTRICT," BY CREATING SECTION 142-699.1, ENTITLED "FIRST STREET OVERLAY" TO ALLOW A FLOOR AREA RATIO AND BUILDING HEIGHT INCREASE FOR REDEVELOPMENTS THAT INCLUDE OFFICE OR RESIDENTIAL USES AND PROVIDE LIMITS ON TRANSIENT USES; AND PROVIDING FOR CODIFICATION, .REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, since early 2022, the Mayor and City Commission have adopted a variety of legislation to establish incentives for the purpose of diversifying the City of Miami Beach's ("City') economy; and WHEREAS, the City is currently experiencing record demand for Class A office and residential development throughout the City; and WHEREAS, the City has adopted incentives that induce Class A office and residential development; and WHEREAS, the City Commission desires to promote "live-work-play" development in certain City neighborhoods, including South of Fifth Street, which includes providing office space for neighborhood residents; and WHEREAS, the City desires to disincentivize incompatible transient uses such as hotels and short-term rentals, as well as entertainment establishments, in residential neighborhoods; and WHEREAS, the South of Fifth neighborhood would benefit from additional Class A office and residential development; and WHEREAS, more specifically, the City Commission has identified a section of the Washington Avenue corridor in the South of Fifth neighborhood, where such incentives would be appropriate; and WHEREAS, on November 8, 2022, the City's voters approved the following ballot question: FAR Incentive for Residential and Office Uses on Washington Avenue Between 1st and 2nd Street City Charter requires voter approval before increasing a property's floor area ratio ("FAR") (how City regulates building size). FAR in 1st Street Overlay(located east side of Washington Avenue between 1st and 2nd Streets) is 1.0, although previously FAR was 2.0. Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to 2.7 for redevelopments that include residential or office uses, and prohibit hotels and short-term rentals? WHEREAS, this adoption of this Ordinance is necessary to implement the results of the November 8, 2022 referendum; 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 City has determined that incentives for office and residential development are in the best interest of the South of Fifth neighborhood and the City at.large. 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" is hereby amended as follows: CHAPTER 142 ZONING DISTRICTS AND REGULATIONS ARTICLE II. — DISTRICT REGULATIONS * * * DIVISION 18 - PS PERFORMANCE STANDARD DISTRICT * * * Sec. 142-699.1 — First Street Overlay () The following regulations shall apply to properties that front the east side of Washington Avenue between 1st Street and 2nd Street. In the event of a conflict within this division, the regulations below shall apply: I') The purpose of these regulations is (i)to sustain and enhance existing office uses in this=evenay; Lii) to induce the construction of new office and residential uses in this wenay; and fill)to provide incentives for the removal of transient uses. () As a voluntary development incentive, subject to the property owner's strict compliance with the following conditions, the maximum floor area ratio ("FAR") for properties within the overlay shall be a base of 2.0 FAR with an additional 0.7 FAR available for developments or redevelopments that include office or residential use. The additional 0.7 FAR shall be used exclusively for either office or residential use, and shall remain as office or residential in perpetuity.The additional 0.7 FAR shall not be used for hostel, hotel, apartment-hotel, or suite-hotel use. New development or redevelopment shall only be eligible for the base FAR of 2.0,with an additional 0.7 available for office or residential use, under this subsection, if the property owner elects, at the owner's discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the city attorney, affirming that, in perpetuity, the property shall not be used as a hostel, hotel, apartment-hotel, and/or suite-hotel use, and none of the residential units on the property shall be leased or rented for a period of less than six months and one day. al Notwithstanding any height regulations contained in these Land Development Regulations, the maximum floor- o-ceilin• height of eligible rooftop additions to existing non-contributing buildings within the First Street Overlay shall not exceed 15 feet in height. The overall building height shall not exceed 90,feet and shall be subiect to the provisions regarding line of sight as set forth in Section 142-1161. 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 ten days following adoption. PASSED and ADOPTED this I day of "liar , 20 . ATTEST: Dan Gelber, Mayor 4. ' MAY 2 2 c0�� Rafael E. Granado ,\'B ,, City Clerk - ,,pst....... cti', * APPROVED.AS TO, First Reading: March 27, 2023 = INCORP ABATED, RM & LANGUAGE Second Reading. May 17, 2 23k `� FORM & ��'�,,r, 2 ^ = &FOR EXECUTION S:-s�a-3 Verified by: Thomas R. M oney, Al City Attorney wv.... Planning Director T:\Agenda\2023\4-May 2023\Planning\First Street Overlay LDR Amendment-Second Reading REVISED ORD.docx Ordinances-R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: May 17,2023 10:11 a.m. Second Reading Public Hearing SUBJECT:VOTER ENACTED INCENTIVES FOR OFFICE USES IN C-PSI DISTRICT LDR AMENDMENT 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, "PS PERFORMANCE STANDARD DISTRICT," BY CREATING SECTION 142- 699.1, ENTITLED "FIRST STREET OVERLAY"TO ALLOW A FLOOR AREA RATIO AND BUILDING HEIGHT INCREASE FOR REDEVELOPMENTS THAT INCLUDE OFFICE OR RESIDENTIAL USES AND PROVIDE LIMITS ON TRANSIENT USES; 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 July 20, 2022, at the request of Commissioner Alex Fernandez, the City Commission adopted Resolution 2022-32256, placing a ballot question regarding a floor area ratio (FAR) incentive for residential and office uses on Washington Avenue Between 1st and 2nd Streets on the November 8, 2022, general election ballot (Item R7 V). On November 8, 2022, the ballot measure was approved by 55.11%of the voters. On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed ordinances to the Planning Board (Item C4 W). ANALYSIS The city is currently experiencing increased demand for office space and residential uses, and the South of Fifth neighborhood has been affected by an increase in transient uses, such as hotels and the short-term rental of apartments. The proposed legislation establishes new development regulations to incentivize office and residential uses, while simultaneously limiting transient uses. These regulations are consistent with the City's goals of creating a community • Page 370 of 945 where residents can live, work, and play. The attached amendments to the Land Development Regulations of the City Code (LDRs), and the companion amendment to the Comprehensive Plan, would apply to eligible properties within the C-PS1 district on the east side of Washington Avenue between 1st and 2nd Streets (see attached zoning, future land use and aerial maps). Specifically, the proposal establishes a "First Street Overlay," allowing for an increase in the maximum FAR from 1.0 to 2.0, as well as an additional 0.7 FAR for residential and office uses. The increase in the base FAR to 2.0 is consistent with the FAR that existed in the area prior to the 1999 citywide downzoning. To be eligible for the extra 0.7 FAR, a property owner would have to voluntarily execute a restrictive covenant, in perpetuity, confirming that the property shall not be used as a hostel, hotel, apartment-hotel, and/or suite-hotel use, and none of the residential units on the property shall be leased or rented for a period of less than six months and one day. The proposed LDR amendment would also allow rooftop additions to existing non-contributing buildings to have a maximum building height of up to 90 feet, notwithstanding the current height limit of 40 feet (commercial uses) and 75 feet (residential uses) in the C-PS1 district.Any rooftop addition would be subject to the review and approval of the historic preservation board (HPB), as well as all applicable provisions regarding line of sight in Section 142-1161 of the LDR's. There is only one (1) non-contributing building within the First Street Overlay that would be eligible to take advantage of this roof-top addition provision, which is the existing office building located at 119 Washington Avenue. In this regard, the property would be eligible to make an application to the HPB to enclose open spaces and construct a rooftop addition, subject to all applicable requirements contained in the ordinance. As noted in the attached concurrency analysis, given the limited area covered by the proposal, the increase in FAR is not expected to have a negative impact on transportation and mobility. In this regard, there is only a potential increase of 32 vehicle trips, due to the mixed-use nature of the area and existing access to public transportation and alternative transportation modes. Also, the proposal does not modify the maximum residential density for the site, which remains at 80 units per acre; as such levels of service specific to residential population are not impacted. However, prior to the submittal of any building permits, a full concurrency review will be required to determine the actual impact and mitigation requirements of any proposed development. CITY CHARTER ANALYSIS The proposal to modify the maximum FAR is affected by Section 1.03(c) of the City Charter, which partially states the following: 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 zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. The proposed ordinance would increase the zoned FAR for the affected parcels. As a result, the following question was submitted to the electors of the City of Miami Beach: Page 371 of 945 FAR Incentive for Residential and Office Uses on Washington Avenue Between 1st and 2nd Street City Charter requires voter approval before increasing a property's floor area ratio ("FAR') (how City regulates building size). FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and 2nd Streets)is 1.0, although previously FAR was 2.0. Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to 2.7 for redevelopments that include residential or office uses, and prohibit hotels and short-term rentals? On November 8, 2022, the ballot measure was approved by 55.11% of the voters. Therefore, the proposed ordinance can be considered for adoption by the City Commission. COMPREHENSIVE PLANNING REVIEW PROCESS The proposal requires an amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes,this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals. 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). UPDATE The subject ordinance was approved at First Reading on March 27, 2023. After the approval at First Reading, a non-substantive, minor modification was made to the ordinance that allows the interior floor to ceiling height of an eligible roof-top addition in the overlay to be increased up to 15 feet. Currently, the floor to ceiling height of a roof top addition located within a historic district cannot exceed 12 feet. The maximum overall height of an eligible building in the overlay, inclusive of any rooftop addition, has not changed, and remains at 90 feet. This modification is included in the attached ordinance for adoption. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION No fiscal impact is anticpated. CONCLUSION The Administration recommends that the City Commission adopt the subject ordinance. Page 372 of 945 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 Commissioner Alex Fernandez ATTACHMENTS: Description ❑ Zoning and FLUM MAPS ❑ Aerial MAP ❑ Concurrency Analysis ❑ Ordinance Page 373 of 945 Future Land Use ...........- . i, . . .,,, . . • - ..._ , , 1 i ) - ;J.+ ..-..„-,...-.....Ayj • . 1 - _ - ,....„ - _, •_ ,.., , .. ,_. ts--f-..' „• _._-_,..-..i4-;.- ..- , ._ .. , --, • ti, , tt . . , • '4.104." „_ --"""s• ' % V .....--• S.... • 441.*Zi 4 . ' - ' *it- - --. k.. , . e.• . ,. iroir : ... . . . o'rfv, It , rii4 . 1 A ) A-. , - I 1 44 4 it 4. *0 . .• ---., ' 1 '. P - * - . i:4• ' , A. ----, -•, . ' df' ik•C'T- : ` eili • .., ) '-.. -,,,‘,4,4"..,0._ • I -:,_ tit,,,, z / ,-, , 0.11., Ilir :., ,, . : . c--..- - - 7 r V j A) — / /14 " '0 - 4- _ r i' - cL-7. it -.M.- • i 1. i d_. • • -- ', . • i ‘11,44 -,•• i 4..., ......„... ,..,. , ,,, - ,,, 4 • r ' 1- ti. ,. k.1 . • -i .• 1, ,W..••,...,,_r•i- ' .. 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Page 374 of 945 Zoning ' I Y ' <'j , F : coJ r � • 's RP , * t.' f ` mad . ..m+ t: .4J_ 0 • .7 _RP '3 ,. :4P1 '‘: y /.4L r fit II' ' f"..":"' ,;.'111:::-,:' .1.li) i- 7. `,t P....r f4.A4:.- y ► r,i,v,_.p..,;,,4.-i,vi,2f.V e ;k4,1-"k,....,...,.,,._„,__i,L c'n.>,,__.-.-,1,7. . P : 1: .*::''-.111.1.- 4 1.:%.:L'i.'+:71 N-14i.tlZ.*11...••,-'`4,2M,..14.-,s-;..!.,,41WRn.,,i.- Ito,1.i..i-,4.P.,iA-..T-t•.. .,.••-:.•,,,S,-):1•-..,•, g.,e,r. ,a.,g, ',,_i r tI'1O53tr4*i.7ie1,s,,4.j_.A,-,.. 0,._f0Y 14,# -t_h' .'.:.....'. :` 3 ,7,,l,47. 1 ,'•i—t e'-4 ...e.,/f,0re:,::,o,.r-ff'.Vro,-1,/,ri,,-'.50,_' ,7, ,,,..,ET.*i-.rs t-:.* /j 7t,_t1:,.4-..:.(,,1.-.-4,;'..,4f'?4.,i 71 l:,.,,,-n.,4'l„. 4 ;°' T fir` t - , I y --,_,-'„i:,:-, ,". t `. .. rs/may- I_w• 1 P • . AP3f - '�.. gyp_ `_i ....1o;.- 1i.,. ` �k f0 : :.r I ,� u . tfFit�Y t 7r AA. . , ri•r f, r'� Source:Esn,Maxar,Earths eogra srl ,;1;i_1da ill, • -,ih ; ,. _ , 1 . 1. , , mufti, :.Rs y Location: 0 25 50 100 Feet W� _!�- E C-PSI properties on the east side of Washington Avenue between ' ' ' i ' ' ' ! s 1st Street and 2nd Street. Page 375 of 945 Aerial ........_ N j _ n.itlior, � ; hip, , ,„__„.„., , H� 7Y .- I ii. :. A , t: ' . P19/ 14 �' _ ti1j1,.10, ,. ... , r .—'—rt .. ..____. ,- .,. fi:- : 11,e(")74' A r 1:-..----- .1 ' 2.,=-' ,.:4.-..-; V)/(---I, tisk i: i Mt. ...- A t"-- // - i. --- • ft .. __ , Cal .. . - ...:Atrar..-,,,,,,,„„ - trprIA 19_ ' /40i ..,., -9 , nfik .,.... yr J #04/ t ,R . , ,Arirgedse,A_, . .., c. 7-1 . _ , ._.--- -74;tr---44„,-...."N: •I-•'!"---:,--- . 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Page 376 of 945 PLANNING DEPARTMENT Comprehensive Plan and Zoning Amendment Concurrency and impact Analysis Date Prepared: 2/14/2023 Concurrence Management Area: South Beach Name of Project: Fret Street Overaby Square Feet in the Amendment: 48,225 Address of Ste: East Side of Washington Avenue between 1st Street and 2nd Street Acreage in the Amendment: L11 Proposed FLUM Designation ye � a Designation: ` I. `° S' , e}7` a ` aA A,O C-PS1 with Fist Street Overlay 89 39,822 Madman Maximum Peak Hour Trips Density FAR Generated* 69 N/A N/A 59 N/A 129 Residential Units/Acre 80 2.70 Demand 223 0 223 Units ME ER.SF •Peak Nous Tom Calculated mA nE 9th Freon Tnp Gensler Mnualweekear PM Pak Harfetors Note:Estimate assumes Floor Area for Residential Units at 800 SF per Unit at Max Density,15%of FAR for back of house uses,and remelting floor area for office Existing FLUM Designation Designation: AJ1ZZA % /6 C.PS1 89 11,128 Madman Maximum Peak tour Trips Density FAR Generated* 69 A A 17 N A 86 Residential Units/Acre BO 2 Demand 223 0 223 Units 89 96,450 SF •veer New Tnpa Calantedmei ftRh Even Tnp Gonna,rrannaweeeeeypu Pak limn'actors Vehicle Transportation Impact New Trips Generated Trip Allowances Transit 15% Net New Trips Generated: 32 Trips 43 Trips Pass-by 0% e Mired-use(Internal) 10% Total 25% Parks and Recreation Concurrency Potable Water Transmission Capacity Net New Residential Demand: 0.0 People Proposed Demand: 18,297 Gallons Per Day Parks Facility Type Concurrent Existing Demand: 15,887 Gallons Per Day Recreation and Open Space Acreage YES New Demand: 2,410 Gallons Recreational Facilities Acreage YES Concurrence to be determined at Building Permit Application Swimming Pool YES Sanitary Sewer Transmission Capacity Golf Course YES Proposed Demand: 31,150 Gallons Per Day Basketball Court YES Existing Demand: 31,150 Gallons Per Day Tennis Court YES New Demand: 0 Gallons Multiple-Use Corals YES Concurrency to be determined at Building Permit Affiliation Designated Reld Area YES Solid Waste Collection Capacity Tot Lots YES Proposed Demand: 284 Tons Per Year Vita Course YES Existing Demand: 284 Torts Per Year Boat Ramp YES New Demand: 0 Gallons Outdoor Amphitheater YES Concurrency to be determined at Building Permit Application ActMty Building for Multiple Uses YES Storm Sewer capacity Required Mitigation to be determined at Building Permit Application Required LOS:Oin-fhe-year storm event Concurrency to be determined at Building Pernik Application Note: This represents a comparative analysis of concurrency with maximum development potential of the site between the existing and proposed Future Land Use designations. Actual concurrency demands,required mitigation,and required capacity reservation will be determined at the time of Building Permit Application. Page 377 of 945