2014-3857 Ordinance RM-2 Oceanfront Height Regulations
ORDINANCE NO. 2014-3857
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS,99 ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-217, "AREA REQUIREMENTS,"
REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER
OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the
City in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area;
NOW THEREFO RE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II,
"Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
, 217, "Area Requirements," is hereby amended as follows:
Sec. 142-217. Area Requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are
as follows:
Minimum Minimum Minimum Unit Average Unit Maximum Maximum
Lot Area Lot Width Size (Square Size (Square Building Number of
(Square (Feet) Feet) Feet) Height (Feet) Stories
Feet
7,000 50 New New Historic Historic
construction— construction— district-50 district-5
550 800 (except as (except as
Non-elderly Non-elderly provided in provided in
and elderly and elderly section 142- section 142-
low and low and 1161 1161
moderate moderate Area Area
income income bounded by bounded by
housing: See housing: See Indian Creek Indian Creek
Section 142- Section 142- Dr., Collins Dr., Collins
1183 1183 Ave., 26th Ave., 26th
Rehabilitated Rehabilitated St., and 44th St., and 44th
buildings— buildings— St.-75 St.-8
400 550 Area fronting Area fronting
Hotel unit: Hotel units— west side of west side of
15%: 300— N/A Collins Ave. Collins Ave.
335 btwn. 76th btwn. 76th
85%: 335+ St. and 79th St. and 79th
St.-75 St.-8
Otherwise— Otherwise-
60 6
Lots fronting Lots fronting
Biscayne Biscayne
Bay less Bay less
than 45,000 than 45,000
sq. ft.-100 sq. ft.-11
Lots fronting Lots fronting
Biscayne Biscayne
Bay over Bay , over
45,000 sq. 45,000 sq.
ft.-140 ft.-15
Lots fronting Lots fronting
Atlantic Atlantic
Ocean over Ocean over
100,000 sq. 100,000 sq.
ft.-140 ft.-15
Lots fronting Lots fronting
Atlantic Atlantic
Ocean with a Ocean with a
property line property line
within 250 within 250
feet of North feet of North
Shore Open Shore Open
Space Park Space Park
Boundary -- Boundary --
200 21
SECTION 2. 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" may be changed to "section" or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections 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.
2
PASSED and ADOPTED this day of Aare ! , 20-N
MAYOR
ATTEST:
CITY CLERK A OVED AS TO
FORM AND LANGUAGE
FOR EXECUTION
/ ty ttorney Date
First Reading: March 5, 2014 �✓
Second Reading: April 2 201
Verified by:
Thomas Mooney, P f,
Acting Planning Director �,`����••• /
Underscore denotes new language
TAAGENDA\2014\Apri1\RM2 Oceanfront Heights-ORD 2nd Read.docx INCORn 0RATCD �a r'
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COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to modify the maximum height requirements
for oceanfront properties within RM-2 zoning districts.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is"about the right amount."
Item Summary/Recommendation:
SECOND READING PUBLIC HEARING
The proposed Ordinance would modify the maximum height requirements for oceanfront properties
within RM-2 zoning districts, located within 250 feet of North Shore Open Space Park.
On March 5, 2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for April 23, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission
with a favorable recommendation by a vote of 7 to 0.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
i
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Sign-Offs:
Department Director Assistant City Manager City Manager
TAAGENDA\2014Wpri1\RM2 Oceanfront Heights-SUM 2nd Read.docx
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Agenda Item R 5 R
--
MIAMMEACH
Date y-30-J4
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the City C mmission
FROM: Jimmy L. Morales, City Manager
DATE: April 30, 2014 S OND READING PUBLIC HEARING
SUBJECT: RM-2 Oceanfront Heights
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS,91 ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-217 REGARDING MAXIMUM BUILDING
HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS
WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN
SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On January 15t", 2014, the City Commission referred a proposed Ordinance directly to
the Planning Board, regarding the creation of a new height category in the Residential
Multifamily, Medium Intensity (RM-2) Zoning district for Oceanfront lots located within
150 feet of the North Shore Open Space Park.
A proposal has been put forward to redevelop the site located at 8701 Collins Avenue,
where the existing Dezerland (formerly the Biltmore Terrace) Hotel currently stands. The
proposed redevelopment of the site would include the construction of a 200 foot tall
residential building, pedestrian promenade, and street enhancements located on the
northerly portion of the property.
ANALYSIS
The proposed Ordinance amendment would permit all lots in the RM-2 district fronting
the Atlantic Ocean and within 250 feet of the North Shore Open Space Park Boundary, a
maximum allowable height of up to 21 stories or 200 feet. The subject property located
at 8701 Collins Avenue is currently zoned RM-2. This area comprises one of only two
RM-2 zoning districts fronting the Atlantic Ocean. The radius from the park boundary line
was increased from the Commission's initial recommendation of 150 feet to 250 feet in
order to ensure that all portions of the oceanfront lots in the RM-2 district would be
included under the purview of this Ordinance amendment.
Commission Memorandum
Ordinance:RM-2 Oceanfront Heights
April 23, 2014 Page 2 of 2
The existing 220 room, Biltmore Terrace Hotel and associated commercial units are
allowable uses within the RM-2 district. Pursuant to Section 142-217 of the City Code,
the maximum height limit for the subject property is 6 stories or 60 feet. The height of the
existing building on the site is legally non-conforming at 118'-9", according to the plans
submitted. The owners of the property plan to retain the existing Biltmore Terrace Hotel
as is, in its present location, but are interested in constructing an 18 story, 200 ft tall
residential development with an adjoining pedestrian promenade and garden along the
northerly portion of the property.
The proposal to increase the maximum building height to 21 stories or 200 feet would be
comparable to the maximum permitted heights found within existing residential multi-
family districts that front the Atlantic Ocean. The nearest RM-3 zone is located south of
72nd Street, and the closest Oceanfront multi-family properties are located in the
neighboring City of Surfside. The proposed increase in height would allow more flexibility
in the design of a new residential project that would address the needs and concerns of
the North Beach community, while preserving the existing hotel. Additionally, any and all
new development found under the purview of this ordinance amendment must still
comply with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district, which include a floor area ratio (FAR) limitation of 2.0.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File
No. 2165), and recommended approval by a vote of 7 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
SUMMARY
The subject Ordinance was approved at First Reading on March 5, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
JLM/JMJlTRM
TAAGENDA\2014\Apri1\RM2 Oceanfront Heights-MEM 2nd Read.docx