2016-4011 Ordinance Unified Development Sites and FAR Distribution
ORDINANCE NO. 2016-4011
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE I ENTITLED "IN GENERAL" AT SECTION 118-5, ENTITLED
"UNITY OF TITLE; COVENANT IN LIEU THEREOF;" CHAPTER 114,
ENTITLED "GENERAL PROVISIONS," AT SECTION 114-4,
ENTITLED "COMPLIANCE WITH REGULATIONS REQUIRED;" AND
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II ENTITLED "DISTRICT
REGULATIONS," DIVISION 1, ENTITLED "GENERALLY," AT
SECTION 142-73, ENTITLED "INTERPRETATION OF DISTRICT
BOUNDARIES;" IN ORDER TO CLARIFY PROCEDURES FOR THE
MOVEMENT OF FAR WITHIN UNIFIED DEVELOPMENT SITES WITH
DIFFERING ZONING DISTRICTS; PROVIDING FOR ENFORCEMENT
AND PENALTIES; AND PROVIDING FOR REPEALER,
CODIFICATION, 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 City of Miami Beach Land Development Regulations ("LDRs")
provides for the regulation of land within the City; and
WHEREAS, Section 1.03(c) of the City of Miami Beach Charter explicitly
prohibits the floor area ratio (FAR) of any property from being increased by zoning,
transfer, or any other means from its current zoned floor area ratio as it exists currently,
without being approved by a public referendum; and
WHEREAS, Section 1.03(c) of the City of Miami Beach Charter provision
includes an exception to the floor area ratio limitation, "or the aggregation of
development rights-on unified abutting parcels, as may be permitted by ordinance"; and
WHEREAS, additional flexibility could improve the quality of development when
developing certain sites within the City; and
WHEREAS, these regulations will accomplish these goals and ensure that the
public health, safety and welfare will be preserved.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 118, entitled "Administration and Review Procedures,"
Article I entitled "In General" at Section 118-5, entitled "Unity of title; covenant in lieu
thereof," of the Miami Beach City Code is hereby amended as follows:
Sec. 118-5. - Unity of title; covenant in lieu thereof.
The term "Unified Development Site" shall be defined as a site where a
development is proposed and consists of multiple lots, all lots touching and not
separated by a lot under different ownership, or a public right-of-way. A "Unified
Development Site" does not include any lots separated by a public right-of-way or any
non-adjacent, non-contiguous parcels.
Additionally, the following shall apply to any "Unified Development Site":
(a) All lots need not be in the same zoning district; however; the allowable
floor area ratio (FAR) shall be limited to the maximum FAR for each
zoning district, inclusive of bonus FAR.
(b) If more than one Only commercial and/or mixed-use entertainment zoning
districts is ma be 'oined to•ether to create a unified develo•ment site .rovided
the entire unified development site, including each separate zoning district, must
have has the same maximum floor area ratio (FAR), inclusive of bonus FAR.
Such unified development site shall only contain commercial and/or mixed-use
entertainment districts and shall not include any residential zoning district. The
instrument creating the unified development site shall clearly delineate both the
maximum FAR, inclusive of bonus FAR, and total square footage permitted.
(c) In the event a future change in zoning district classification modifies the
maximum floor area ratio (FAR), inclusive of bonus FAR, for a district
within a unified development site, the maximum floor area square footage
recorded for the unified development site shall not be exceeded.
SECTION 2. That Chapter 114, entitled "General Provisions," at Section 114-4, entitled
"Compliance with regulations required," of the Miami Beach City Code is hereby
amended as follows:
114-4 - Compliance with regulations required
(7) No building shall be erected, converted, enlarged, reconstructed, moved, or
structurally altered except in conformity with the floor area ratio, minimum and average
unit sizes or open space ratio regulations of the district in which it is located. However,
in accordance with Section 118-5, the maximum floor area ratio (FAR), inclusive of
bonus FAR, for a unified development site may be located over multiple zoning district.
SECTION 3. That Chapter 142, entitled "Zoning Districts and Regulations," Article II
entitled "District Regulations," Division 1, entitled "Generally," at Section 142-73, entitled
"Interpretation of district boundaries," of the Miami Beach City Code is hereby amended
as follows:
142-73 - Interpretation of district boundaries.
(6) If a parcel of property is crossed by a zoning district boundary and thus lies in two
zoning districts, the district boundary shall be treated as if it were a lot line separating
the two separately zoned parcels. However, in accordance with Section 118-5, the
maximum floor area ratio (FAR), inclusive of bonus FAR, for a unified development site
may be located over multiple zoning district.
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 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.
SECTION 5. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
SECTION 6. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this // day of //! - ,-'.,16. f
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Philip Levine, Mayor / ,/,,Z'
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FORM & LANGUAGE
First Reading: April 13, 2016 &FOR CU ION
Second Reading: May 11, 201. ko
City Attorney. Dote
Verified By: 4
Thomas R. Mooney, AICP ''�'��� �������`,I kip
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T:\AGENDA\2016\May\Planning\Unified Development Sites and FAR-2n�l e ' .Q- =(x •N�_
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COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Land Development Regulations of the City Code as it pertains to the
distribution of allowable Floor Area Ratio(FAR)within a Unified Development Sites.
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 subject ordinance would amend Sections 114-4, 118-5 and f42-73 of the Land Development
Regulations of the City Code in order to modify the requirements for the distribution of allowable Floor
Area Ratio (FAR)within a Unified Development Sites.
On December 9, 2015, at the request of Commissioner Grieco, the City Commission referred the
subject Ordinance amendment (Item C4C) to the Land Use and Development Committee. On
January 20, 2016, the Land Use and Development Committee recommended that the City
Commission refer the proposed ordinance to the Planning Board with the modification that sites
involving multifamily zoning be excluded from the modification. On February 10, 2016, the City
Commission referred the subject ordinance amendment(Item C4C)to the Planning Board.
On April 13, 2016 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the ordinance at First Reading and; 3) set
a Second Reading Public Hearing for May 11, 2016.
The Administration recommends that the City Commission adopt the ordinance.
Advisory Board Recommendation:
On March 22, 2016, the Planning Board transmitted the proposed ordinance to the City Commission
with a favorable recommendation (vote 6 to 0).
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 five years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least five 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
.r.sal
11
T:\AGENDA\2016\May\Planning\Unified Development Sites and FAR-2nd Reading S .docx
MIAMI BEAC H AGENDA ITEM RS
DATE 5-11—Ito
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 e City Co ission
FROM: Jimmy L. Morales, City Manager
DATE: May 11, 2016 SE OND READING — PUBLIC HEARING
SUBJECT: AN ORDINANCE OF THE MAY•R AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 118,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES,"
ARTICLE I ENTITLED "IN GENERAL" AT SECTION 118-5, ENTITLED
"UNITY OF TITLE; COVENANT IN LIEU THEREOF;" CHAPTER 114,
ENTITLED "GENERAL PROVISIONS," AT SECTION 114-4, ENTITLED
"COMPLIANCE WITH REGULATIONS REQUIRED;" AND CHAPTER
142, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE
II ENTITLED "DISTRICT REGULATIONS," DIVISION 1, ENTITLED
"GENERALLY," AT SECTION 142-73, ENTITLED "INTERPRETATION
OF DISTRICT BOUNDARIES;" IN ORDER TO CLARIFY PROCEDURES
FOR THE MOVEMENT OF FAR WITHIN UNIFIED DEVELOPMENT
SITES WITH DIFFERING ZONING DISTRICTS; PROVIDING FOR
ENFORCEMENT AND PENALTIES; AND PROVIDING FOR REPEALER,
CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
BACKGROUND
On December 9, 2015, at the request of Commissioner Grieco, the City Commission referred
the subject ordinance amendment (Item C4C) to the Land Use and Development Committee.
On January 20, 2016, the Land Use and Development Committee recommended that the City
Commission refer the proposed ordinance to the Planning Board with the modification that sites
involving multifamily zoning be excluded from the modification.
On February 10, 2016, the City Commission referred the subject ordinance amendment (Item
C4C) to the Planning Board.
ANALYSIS
Section 1.03(c) of the City of Miami Beach Charter explicitly prohibits the floor area ratio (FAR)
of any property from being increased by zoning, transfer, or any other means from its current
zoned floor area ratio as it exists currently, without being approved by a public referendum.
This Charter provision does include an exception for the division of lots, "or the aggregation of
development rights on unified abutting parcels, as may be permitted by ordinance." The
ordinance referred to is Section 118-5 of the Land Development Regulations of the City Code,
pertaining to Unities of Title and Covenants in Lieu of Unity of Title. This section provides a
Commission Memorandum
Ordinance Amendment—Unified Development Sites&FAR Distribution
May 11, 2016 Page 2 of 3
mechanism for single or multiple buildings proposed for a unified development site consisting of
multiple lots, all lots touching and not separated by a lot under different ownership, or a public
right of way.
When a development is proposed over multiple lots, or multiple buildings are proposed for
single or multiple lots, a Unity of Title or a Covenant in Lieu of Unity of Title must be executed to
combine the lots or buildings for zoning purposes. While the code allows for a unified
development site over multiple abutting lots, clarifications are needed as it relates to lots that
have different zoning designations.
The proposed ordinance amendment would modify sections 114-4, 142-73, and 118-5, as it
relates to FAR for unified sites with different zoning districts. If the zoning districts within the
proposed unified site all have the same maximum FAR, the proposed ordinance would allow for
the movement of floor area to different portions of the unified site, up to the maximum permitted
by code for the entire site. While this may result in a situation where the maximum FAR is
exceeded in a particular district, the overall unified site will still comply with the combined
maximum permissible floor area.
The proposal will allow for additional flexibility when developing unified sites. Attached to the
memorandum are maps identifying areas of the City with abutting zoning districts that have the
same maximum FAR. These areas could potentially take advantage of this modification.
The Land Use Committee recommended that the proposed ordinance only apply to abutting
districts zoned commercial and/or mixed-use. The following are the proposed amendments to
the Land Development Regulations, as recommended by the Land Use Committee:
Sec. 118-5. - Unity of title; covenant in lieu thereof.
The term "Unified Development Site"shall be defined as a site where a development is
proposed and consists of multiple lots, all lots touching and not separated by a lot under
different ownership, or a public right of way. A "Unified Development Site"does not include
any lots separated by a public right-of-way or any non-adjacent, non-contiguous parcels.
Additionally, the following shall apply to any "Unified Development Site
(a) All lots need not be in the same zoning district; however; the allowable floor area ratio
(FAR) shall be limited to the maximum FAR for each zoning district.
(b) If more than one commercial and/or mixed-use entertainment zoning district is proposed
for a unified development site, the entire unified site may have the same maximum floor
area ratio (FAR), inclusive of bonus FAR, provided the eligible commercial and/or mixed-
use entertainment zoning districts within the unified development site have the same
maximum allowable FAR. The instrument creating the unified development site shall
clearly delineate both the maximum FAR and total square footage permitted.
(c) In the event a future change in zoning district classification modifies the maximum FAR
for a district within a unified development site, the maximum floor area square footage
recorded for the unified development site shall not be exceeded.
114-4- Compliance with regulations required
(7) No building shall be erected, converted, enlarged, reconstructed, moved, or structurally
altered except in conformity with the floor area ratio, minimum and average unit sizes or
open space ratio regulations of the district in which it is located. However, in accordance
with the Sec 118-5, the maximum floor area ratio (FAR) for a Unified Development Site may
be located over multiple zoning district boundaries.
Commission Memorandum
Ordinance Amendment—Unified Development Sites&FAR Distribution
May 11, 2016 Page 3 of 3
142-73-Interpretation of district boundaries.
(6) If a parcel of property is crossed by a zoning district boundary and thus lies in two zoning
districts, the district boundary shall be treated as if it were a lot line separating the two
separately zoned parcels. However, in accordance with the Sec 118-5, the maximum floor
area ratio (FAR) for a Unified Development Site may be located over multiple zoning district
boundaries.
PLANNING BOARD REVIEW
On March 22, 2016, the Planning Board transmitted the proposed ordinance to the City
Commission with a favorable recommendation.
FINANCIAL 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 five years) of proposed legislative actions," this
shall confirm that the City Administration City Administration evaluated the long term economic
impact (at least five years) of this proposed legislative action. The proposed Ordinance is not
expected to have a negative fiscal impact upon the City.
SUMMARY
On April 13, 2016, the subject ordinance was approved at First Reading, with a minor text
change further clarifying that the allowable unified site with different zoning districts shall not
include residential districts, and is limited to commercial and mixed-use districts. The revised
text has been included in the ordinance for Second Reading.
RECOMMENDATION
The Administration recommends that the City Commission adopt the attached ordinance.
J LMISMT/TRM
T:AGENDA\2016\May\Planning\Unified Development Sites And FAR-2nd Reading MEM.Docx
Commission Memorandum
Ordinance Amendment— Unified Development Sites &FAR Distribution
May 11, 2016
Unified Development Sites and Distribution of Floor.Area
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