2015-3960 Ordinance CD-3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS
ORDINANCE NO. 2015-3960
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, `DISTRICT
REGULATIONS", DIVISION 6, "CD-3 COMMERCIAL HIGH INTENSITY DISTRICT",
BY AMENDING SECTION 142-337, "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS", TO CLARIFY AND AMEND THE MAXIMUM HEIGHT
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") seeks to encourage and incentivize
new development and the preservation and restoration of structures located within the
Museum Historic District; and
WHEREAS, the City desires to encourage private property owners to redevelop
properties to accommodate the off-street parking needs of the surrounding properties;
and
WHEREAS, the preservation and restoration of the City's contributing buildings
furthers the general welfare and is especially important to the citizens of Miami Beach;
and
WHEREAS, the preservation and restoration of contributing structures is often
aided by the construction of new buildings on the same property; and
WHEREAS, the City has previously implemented increased height requirements
for parking garages; and
WHEREAS, the amendment set forth below is 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. That Chapter 142, "Zoning Districts and Regulations," Article II, "District
Regulations" Division 6, "CD-3 Commercial High Intensity District," is hereby amended as
follows:
Section 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 sq. ft.-2.25; Lot area greater than
45,000 sq. ft.-2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0.
(2) Notwithstanding the above, oceanfront lots in architectural district shall have a
maximum FAR of 2.0.
Page 1
(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 sq. ft.
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 sq. ft.
(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 Maximum
Lot Area Lot Width Unit Size Unit Size Building Number
(Square Feet) (Feet) (Square Feet) (Square Feet) Height of Stories
(Feet)
Commercial— Commercial— Commercial— Commercial— 7-5 7
None None N/A N/A Oceanfront lets– Oceanfront lots–
Residential— Residential— New New -2.88 2
7,000 50 construction— construction— Oceanfront lots Oceanfront lots
550 800 within 4-he within—the
Rehabilitated Rehabilitated architectural,gist., architectural dist., ,
buildings-400 buildings-550 new construction– new constrtuction-
Non-elderly and Non-elderly 120;ground floor 13;ground floor
elderly low and and elderly a4ditiens_te additions-to
moderate low and existing structures existing structures
income housing: moderate
See section 142- income =50 =5
1183 housing: See g0 7
Hotel unit: section 142- Lots fronting„n Lots fronting on
15%: 300-335 1183 17th Street 17th Street
85%: 335+ Hotel units— .50
For contributing N/A
hotel structures, pots within too
located within a architectura� dirt
local historic 400
district or a City Center Area City Center Area
national register e
district,which Drexel nvo ,6th Drexel Ave., 16th
are being St., Collins Ave., St., Collins Ave.,
renovated in the south the-south
Page 2
accordance with
the Secretary of
the Interior the-se-WI-side-4
Standards and Lincoln Rd., 'incoln Rd.,
Guidelines for Washington Rd ash;�s �
the and incoln R
Rehabilitation of except the height subject to the
Historic for lets fronting applicable applkalate44eight
Structures as restrictions
amended, 16th St. between {except as
retaining the Drexel and
existing room section 142 1161}
configuration '
shall be the first 50'of lot 7 Stories.
permitted, depth;and except Lots within the
provided all the height for lots architectural
rooms are a fronting on Drexel district: 5 Stories.
minimum of 200
square feet. '
Additionally, the first 25' of lot the fore"ei""
existing room depth (except as requirements for
configurations lots within the
for the above section 112 1161) architectural
described hotel district,for lots
structures may 75 Feet. frontinet en tames
be modified to Lots within the
address architectural by 17th Street to
applicable life- district: 50 Feet. the North and
safety and
accessibility Notwithstandling the South,the
regulations, the foregoing HisTTr tonic
provided the requirements for Preservation
200 square feet lots within the
minimum unit architects oral
size is district,for lots up-to-se
maintained. fronting on lames
by 17th Street to
the-N-e4-h-and 1144-14R14:141-4-five
{5) stories of
the South,the
Page 3
Historic
Preservation spaces must be
Board, ir}
any use at the
the certificate of
appfeofiateness provided further
criteria in chapter
118,article X, setback of 75 feet
shall-have shall he required
from Collins ansl
up to 75 feet in Washington
height fer these ri'v Av ue fer any
properties that por-tion-Gf-a
building-above-5
stories in height
(5)stories of
Lots fronting on
17th Street: 7
a minimum of 250
Stories.
spaces must be
unencumbered by City Center Area
any use at the (bounded by
Drexel Avenue,
provieleel4uftheF 16th Street,
that-a-minimum Collins Avenue
and the south
setback of 75 feet property line of
&14.111-120e-Feetuifeci d those lots fronting
on the south side
Washington of Lincoln Road):
Avenue for any 11 Stories, subject
to the applicable
building a he.,e ter, height restrictions
(except as
feet in height_ provided in
Lots fronting on
section 142-1161).
17th Street: 80
Feet.
City Center Area
(bounded by
Drexel Avenue,
16th Street,
Collins Avenue
Page 4
and the south
property line of
those lots fronting
on the south side
of Lincoln Road):
100 Feet.
Notwithstanding
the foregoing
requirement for
the City Center
Area,the
following
additional
regulations shall
apply:
The height for lots
fronting on
Lincoln Road and
16th Street
between Drexel
Avenue and
Washington
Avenue are
limited to 50 Feet
for the first 50' of
lot depth.
The height for lots
fronting on Drexel
Avenue is limited
to 50 Feet for the
first 25'of lot
depth (except as
provided 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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
Page 5
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 ten days following adoption.
PASSED AND ADOPTED this o7 day of 5e P+e rn►bey- , 2015.
. i _t,
Philip Levine, `"-,‘,'"4
,
ATTEST:
Adi _ il,
fael E. c ranado, ity I a
�: � s
�.�-:` APPROVED AS TO FORM
.. AND LANGUAGE
u
y :INCCRr- t����TcC;= AND FOR EXECUTION
#• -,57.1.."- .... ,/.-„,_4-Or ..„..--:::,'17, s. , ,t61-01,A1 '-
si ,� �� City Attorne Date
First Reading: Jul 8, 20�� IN..%
9 Y
Second Reading: Septem er , 2015
Verified By: J
Thomas R. Moone (AdICP
Planning Director
Underline = New Language
= Deleted Language
[Sponsored by Commissioner Malakoff]
T:\AGENDA\2015\September\PLANNING\CD-3 Parking Garage Heights-ADOPTED ORD.docx
Page 6
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance pertaining to height regulations for CD-3 properties.
Key Intended Outcome Supported:
Increase satisfaction with neighborhood character. Increase satisfaction with development and
growth management across the City.
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 clarify the existing language governing height in the CD-3 district, as
well as give the historic preservation board the discretion to allow certain buildings to go up to a
maximum of 75 feet in height along James Avenue between 17th Street and Lincoln Road.
On January 21, 2015, the Land Use and Development Committee recommended that the Ordinance
be approved and sent to the Planning Board with a favorable recommendation.
On July 8, 2015, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2, 2015.
The Administration recommends that the City Commission adopt the Ordinance.
Advisory Board Recommendation:
On June 23, 2015, the Planning Board (vote of 5-1), transmitted the subject Ordinance to the City
Commission with an unfavorable recommendation. (Planning Board File No. 2264).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
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:
Depart nt Dir ctor Assistant City Manager City Manager
T:\AGENDA\2015\Septemb PLANNING\CD-3 Parking Garage Heights-Secong Re.i g SUM.docx
AGENDA ITEM R�D
DATE
MIAMI � � q-2-I�
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 of he City C.Ci mission
FROM: Jimmy L. Morales, City Manager
DATE: September 2, 2015 CON READING — PUBLIC HEARING
SUBJECT: CD-3 ARCHITECTURAL DISTRICT ARKING GARAGE HEIGHTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, `DISTRICT REGULATIONS", DIVISION 6, "CD-3 COMMERCIAL
HIGH INTENSITY DISTRICT", BY AMENDING SECTION 142-337,
"DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", TO
CLARIFY AND AMEND THE MAXIMUM HEIGHT REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On January 14, 2015, the City Commission (Item C4L), at the request of Commissioner
Jonah Wolfson, referred a discussion item to the Land Use and Development Committee
(LUDC) regarding proposed amendments to the City Code pertaining to general height
restrictions in the CD-3 zoning district. On January 21, 2015, the Land Use Committee
discussed the item and recommended that an ordinance amendment be referred to the
Planning Board.
On May 6, 2015, at the request of Commissioner Joy Malakoff, the City Commission
referred the attached ordinance to the Planning Board (Item C4D).
ANALYSIS
The proposed ordinance amendment would allow lots fronting on James Avenue,
bounded by 17th Street to the North and Lincoln Road to the South, to be built up to 75
feet at the discretion of the Historic Preservation Board as long as the properties provide
a minimum of five (5) stories of parking, of which a minimum of 250 spaces must be
unencumbered by any use at the property.
On James Avenue between 17t" Street and Lincoln Road, the current uses are mainly
Commission Memorandum
Ordinance Amendment—CD3 Parking Garage Heights
September 2, 2015 Page 2 of 4
hotels that are classified as contributing and located within the Museum Historic District.
There is a surface parking lot that spans three lots located on the east side of James
Avenue that could potentially take advantage of this ordinance. The three lots have
stores fronting Collins Avenue, but the rear of the lots face James Avenue. Currently,
the surface parking lot has approximately sixty (60) spaces. This ordinance amendment
would allow for the redevelopment of the rear of these lots into a seven (7) story
structure with a minimum of five (5) stories of parking.
This particular lot is one of the few parcels in the Museum District area (generally from
Lincoln Road to 23rd Street, between Collins and Washington Avenues) that can readily
accommodate a multi-level parking structure. While transitioning to a less automobile
dependent transportation network, the parking needs of the larger hotels in the
immediate area continue to be apparent. The construction of a multi-level garage at this
location could help alleviate the related traffic issues associated with a lack of parking in
the area.
Additionally, the City Code already permits buildings up to 7 stories / 80 feet in height for
lots fronting 17th Street. As such, a future aggregation of properties that includes a lot on
17th Street could result in new buildings at up to 7 stories/ 80 feet in height, even without
the proposed code change.
In the process of reviewing the proposed amendment, planning staff was able to simplify
and clarify the height regulations in the CD-3 zoning district. Currently, this section of
the code, which was poorly drafted and modified over time, has created problems for
both staff reviewing the code, as well as property owners and architects reading the
code. In this regard, staff is recommending that the entire section be stricken, and re-
written in a more clear and concise form.
The following is a bullet point version of the revised, clarified language proposed within
the body of the Ordinance. Other than the amendment proposed for parking structures
along James Avenue (in bold text), and the removal of the regulations for ocean front
lots (there are no longer any ocean front lots in the CD-3 zoning district), there are no
other substantive changes proposed:
Maximum Building Height:
• 75 Feet.
• Lots within the architectural district: 50 Feet.
• Notwithstanding the foregoing requirements for lots within the
architectural district, for lots fronting on James Avenue, bounded by 17th
Street to the North and Lincoln Road to the South, the historic preservation
board, in accordance with the certificate of appropriateness criteria in
chapter 118, article X, shall have discretion to allow up to 75 feet in height
for those properties that provide a minimum of five (5) stories of parking, of
which a minimum of 250 spaces must be unencumbered by any use at the
property.
• Lots fronting on 17th Street: 80 Feet.
• City Center Area (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
100 Feet.
• Notwithstanding the foregoing requirement for the City Center Area, the following
additional regulations shall apply:
Commission Memorandum
Ordinance Amendment—CD3 Parking Garage Heights
September 2, 2015 Page 3 of 4
The height for lots fronting on Lincoln Road and 16th Street between Drexel
Avenue and Washington Avenue are limited to 50 Feet for the first 50' of lot
depth.
The height for lots fronting on Drexel Avenue is limited to 50 Feet for the first 25'
of lot depth (except as provided in section 142-1161).
Maximum Number of Stories:
• 7 Stories.
• Lots within the architectural district: 5 Stories.
• Notwithstanding the foregoing requirements for lots within the
architectural district, for lots fronting on James Avenue, bounded by 17th
Street to the North and Lincoln Road to the South, the historic preservation
board shall have discretion to allow up to seven (7) stories for those
properties that provide a minimum of five (5) stories of parking, of which a
minimum of 250 spaces must be unencumbered by any use at the property.
• Lots fronting on 17th Street: 7 Stories.
• City Center Area (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
11 Stories, subject to the applicable height restrictions (except as provided in
section 142-1161).
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with an unfavorable recommendation. The Planning
Board, while supportive of the non-substantive text changes proposed, expressed a
concern with the proposed height increase, as it could result in an increase in scale,
mass and height within an area currently limited to five stories /50 feet in height.
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 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 a negative fiscal impact upon the City.
SUMMARY
The Planning Board expressed concerns with the proposed Ordinance, particularly as it
pertains to a potential increase in scale and mass within an area that currently limits
overall building heights to 5 stories / 50 feet. The Administration is understanding of and
sensitive to these concerns.
In order to further address the potential scale and height issues associated with a future
structure taller than 50 feet in height, particularly as it may be perceived from Collins or
Washington Avenue, the Administration has suggested that a minimum setback of 75' be
required from Collins and Washington Avenue for any portion of a building above 50 feet
in height. This would ensure that a future building above 50 feet in height on James
Avenue, with a thru-lot to either Washington or Collins Avenue, would not overwhelm
those respective streetscapes.
Commission Memorandum
Ordinance Amendment—CD3 Parking Garage Heights
September 2, 2015 Page 4 of 4
On July 8, 2015, the City Commission approved the subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for September 2, 2015. The
Commission approval included the recommended additional setbacks from Collins and
Washington Avenue, which have been incorporated into the text of the legislation for
Second Reading.
As indicated previously, in the event that the City Commission is not comfortable with the
proposed increase in height for certain structures along James Avenue, the
Administration would recommend that this portion of the proposed legislation be stricken,
and that the remainder of the Ordinance be approved. As indicated previously, the
current text structure of the height regulations for the CD-3 district is clumsy at best, and
exceedingly difficult to understand. The proposed re-organization of the text, in a non-
substantive manner will help further the stated goals of simplifying and comprehending
the code.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance. In the
event that the City Commission does not move forward with the aforementioned
amendment pertaining to the maximum height of properties on James Avenue, the
Administration recommends that the remainder of the proposed Ordinance be adopted.
JLM/JM,MTRM
T:WGENDA\2015\September\PLANNING\CD-3 Parking Garage Heights-Second Reading MEM.docx
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