2016-4021 Ordinance OCEAN TERRACE OVERLAY- LDR AMENDMENTS
ORDINANCE NO. 2016-4021
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE III "OVERLAY
DISTRICTS," CREATING DIVISION 10 "OCEAN TERRACE OVERLAY", TO
MODIFY THE APPLICABLE SETBACKS AND ALLOWABLE
ENCROACHMENTS, INCREASE THE ALLOWABLE HEIGHT TO 235 FEET
FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES, TO LIMIT THE
MAXIMUM FLOORPLATE OF THE TOWER PORTION OF NEW BUILDINGS,
TO PROVIDE A MINIMUM BUILDING SEPARATION FOR THE TOWER
PORTION OF NEW BUILDINGS, TO MODIFY THE ALLOWABLE MAIN,
CONDITIONAL, ACCESSORY AND PROHIBITED USES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the corridor of Collins Avenue between 73rd and 75th Streets was a vibrant,
commercial corridor that served the retailing needs of the local neighborhood and tourists in the
1950s and 1960s; and
WHEREAS, the Collins Avenue corridor and area surrounding Ocean Terrace has
deteriorated and seen limited improvement over the years, and has faced financial constraints
and neighborhood adjustments that have diminished the general condition of the neighborhood;
and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace and Collins Avenue corridor; and
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than in a piecemeal fashion; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73rd and 75th
Streets, which overlay may assist in improving the neighborhood by providing stimulus to the
community through new commercial and residential uses, as well as other design criteria and
density limits to encourage reinvestment; and
WHEREAS, the purpose of the Ocean Terrace Overlay district is to stimulate
neighborhood revitalization, encourage new development and renovation of important historic
buildings within the Ocean Terrace/Collins Avenue corridor, and improve the pedestrian
environment of the neighborhood; 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, Article III entitled "Overlay Districts", Division 10 "Ocean
Terrace Overlay" is hereby created as follows:
DIVISION 10. OCEAN TERRACE OVERLAY
Sec. 142-874. Location and purpose.
, Lai The overlay regulations of this division shall apply to the properties identified in the Map
below:
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i A. TKST b 74TH ST .. .e.
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fill The purpose of this overlay district is to:
(1) Stimulate neighborhood revitalization and encourage new development and
renovation of important historic buildings within the Ocean Terrace / Collins
Avenue corridor.
(2) Encourage private property owners to assemble and redevelop properties
comprehensively rather than in a piecemeal fashion.
al Improve the pedestrian environment of the neighborhood.
(4) Maintain the scale, massing and character of the existing building ty•oloa
adjacent to the public sidewalks.
Sec. 142-875. Compliance with regulations.
The following overlay regulations shall apply to the Ocean Terrace Overlay. All development
regulations in the underlying regulations shall apply, except as follows:
Setbacks.
in When a lot or combination of lots abuts two (2) or more streets, the required
yards shall be classified as follows:
a. Front. The areas abutting Collins Avenue and Ocean Terrace.
b. Side, Street. The areas abutting either 73rd, 74th or 75th Streets.
c. Side, Interior. The areas abutting an adiacent property. For a lot
or combination of lots that have two front setbacks as defined in
this section, the remaining yards not facing a street shall be
classified as a side interior.
j Pedestal.
Pedestal shall means that portion of a building or structure which is equal to or
less than 40 feet in height. The Historic Preservation Board may allow for an
increase in the pedes al hei•ht. not to exceed 45 feet in hei•ht in accordance
with the certificate of appropriateness criteria in chapter 118, article X of these
land development regulations.
a. Front:
1. For buildings situated on properties with an underlying
designation of CD-2, zero (0) feet for the first 25 of
buildin• hei•h or the hei•h of he exis in. buildin•_
whichever is greater. Five (5) feet for those portions of new
buildings within the remaining pedestal height.
2. For buildings situated on properties with an underlying
desi•nation of MXE five 5 feet for
he firs 20 fee of
b iu Iding height or the height of the existing building,
whichever is greater. 20 feet for those portions of new
buildings within the remaining pedestal height_
b. Side street. For properties fronting 75th Street, Zeftil zero (0) feet,
regardless of the underlying zoning designation. For properties
fron in• 73rd or 74th Street; regardless of the underlying zonin•
•esi• a on ero 0 fee fir e firs 20 feet o but sin. hei•_ •
the height of the existing building. whichever is greater, and 20
feet for those portions of new buildings within the remaining
pedestal height.
c. Side interior.
1. For buildings situated on properties with an underlying
designation of CD-2, zero (0) feet.
2. For buildings situated on properties with an underlying
designation of MXE, 7.5 feet.
gl Tower.
Tower means that portion of a building or structure which exceeds 40 feet in
height. Notwithstanding the foregoin•, should the Historic Preservation Board
allow for an increase 'n e •edes al he'•h n• o exceed 45 fee in hei•h in
accordance with the certificate of appropriateness criteria in chapter 118, article
X of these land development regulations. the tower height shall be measured
from the pedestal height approved by the Historic Preservation Board.
a. Front.
1. For buildings situated on properties with an underlying
designation of CD-2, 30 feet.
2. For buildings situated on properties with an underlying
designation of MXE, 9 55 feet.
b. Side street. 2C1 25 e- for the firs 125 feet of buil•in• heig 50
feet for those portions of new buildings within the remaining tower
height. regardless of the underlying zoning designation.
c. Side interior. 20 feet regardless of the underlying zoning
designation.
Subterranean. Zero (0) feet for all yards regardless of the underlying zoning
designation.
The Historic Preservation Board may allow for a decrease in the above noted
minimum setback requirements, but no less than the minimum setback
requirements in the underlying zoning district regulations in accordance with the
certificate of appropriateness criteria in chapter 118. article X of these land
development regulations.
Allowable encroachments and projections, consistent with Section 142-1132(o), within
required yards.
Exterior unenclosed private balconies and ool decks.
a. For buildings situated on properties with an underlying designation
of CD-2, allowable encroachment is 7.5 feet into any required
yard.
b. For buildings situated on properties with an underlying designation
of MXE:
1. Allowable front yard encroachments ' are
i_ 12 feet for the pedestal, and
ii. Eight (8) feet for the tower.
2. Allowable side interior yard encroachment is six (6) feet.
21 Ground level porches, platforms and terraces (up to 30 inches above the
elevation of the lot) are allowed to project into a required yard for a distance not
to exceed 50 percent of the required yard up to a maximum projection of five (5)
feet.
Height.
al For main use residential buildings: lot area less than 20,000 square feet—the
maximum height is based on the underlying zoning regulations; lot area equal to
or greater than 20,000 square feet and having frontage on both Collins Avenue
and Ocean Terrace-235 feet.
For main use hotel buildings: lot area less than 20,000 square feet—the
maximum height is based on the underlying zoning regulations; lot area equal to
or greater than 20,000 square feet and having frontage on both Collins Avenue
and Ocean Terrace—125 feet.
All other buildings the maximum height is as provided in the underlying zoning
regulations.
The maximum number of stories is 22 stories.
Floor plate. The maximum floor plate size for the tower portion of a building is 10,000
square feet, including balconies, per floor. The Historic Preservation Board may allow for
an increase in the overall floor plate, up to a maximum of 15000 square feet, including
balconies, per floor, in accordance with the certificate of appropriateness criteria in
chapter 118, article X of these land development regulations.
Building separation. All new construction shall comply with the following, as applicable:
al For any portion of new construction greater than 60 feet in height, The the
minimum horizontal separation between the tower portion of two (2) buildings,
including balconies, is 60 feet.
j Two (2) buildings used as a hotel may be connected in the tower portion of the
buildings by a one-story, enclosed pedestrian bridge, for circulation purposes
only, if approved by the historic preservation board in accordance with the
certificate of appropriateness criteria in chapter 118, article X of these land
development regulations.
The separation requirement between two (2) existing contributing structures, or
between an existing contributing structure and a new building, may be waived by
the historic preservation board in accordance with the certificate of
appropriateness criteria in chapter 118, article X of these land development
regulations.
in Permitted Uses.
The main permitted uses in the Ocean Terrace Overlay District are:
a. Apartments;
b. Apartment/hotels;
c. Hotels;
d. Commercial;
e. Uses that serve alcoholic beverages as listed in chapter 6
(alcoholic beverages) or as specified elsewhere in the land
development regulations.
gi The conditional uses in the Ocean Terrace Overlay District are:
a. Public and private cultural institutions open to the public;
b. Banquet facilities, defined as an establishment that provides
catering and entertainment to private parties on the premises and
are not otherwise accessory to another main use;
c. Outdoor entertainment establishments;
d. Neighborhood impact establishments;
e. Open air entertainment establishments;
f. Main use parking garages;
g. Public and private institutions;
h. Food store selling alcoholic beverages.
Prohibited Uses
Package alcohol store.
Additional development regulations. Buildings with frontage on Collins Avenue shall
have either retail or restaurant uses (which may include neighborhood impact
establishment uses) on the front 50 feet of depth of the ground floor with an entrance
that opens onto Collins Avenue. Buildings with frontage on Ocean Terr-ce shall have
ac ive uses on he •round floor with an en rance ha o•ens on o 0 can Terrace.
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 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 8 day of Jyh�-- , 2016. ,
,w,,,,,, Philip Levine
....... . 044
ATTES . 1, `a
•�Jkin� �,&S'PIORATED *'
Rafae E. Granado
City Clerk q9 CH..••.2 %%
APPROVED AS TO
FORM AND LANGUAGE
& •R ECUTION
OP, 1 ; - b i3 - ( �
City A'orney Date
First Reading: May 11, 2016 1, 11(
Second Reading: June 8, 2016 V 1�
Verified By: .II L _ _Ad'
T "7 as R. %ooney, AI
Planning Director
(Sponsor: Commissioner Joy Malakoff)
Underline denotes additions
denotes deletions
Double underline denotes additions after First Reading
denotes deletions after First Reading
T:\AGENDA\2016\June\Planning\Ocean Terrace Overlay LDR-2nd READING ORD-ADOPTED.docx
COMMISSION ITEM SUMMARY
Condensed Title:
Second Reading to consider an Ordinance Amendment to the Land Development Regulations
establishing the"Ocean Terrace Overlay".
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 amend the Land Development Regulations to establish the "Ocean
Terrace Overlay" which would increase the maximum height for residential and hotel uses, modify
setbacks, establish a maximum floor plate limitation, and establish a minimum tower separation.
On May 27, 2015 the Land Use and Development Committee recommended approval of the proposed
overlay district.
On July 8, 2015, the City Commission approved the Overlay Ordinance Amendment at First Reading
and set a Second Reading Public Hearing for December 9, 2015. This approval was subject to voter
approval a proposed increase in FAR for the overlay. The voter referendum did not pass.
On May 11, 2016 the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the Overlay Ordinance Amendment at First
Reading and set a Second Reading Public Hearing for June 8, 2016.
The Administration recommends that the City Commission adopt the Overlay Ordinance Amendment
in accordance with the staff recommendations detailed in the analysis section of the commission
memo.
Advisory Board Recommendation:
On June 23, 2015, the Planning Board (vote of 6-0), transmitted the proposal to the City Commission
with a favorable recommendation.
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:
Department Director A is,tarit City Manager City Manager
�
T:\AGENDA\2016\June\Planning\Ocean Terrace Overlay LDR-2nd READING SUM doc
MIAMI Q®EACH AGENDA ITEM DATE "g
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 Co° mission
FROM: Jimmy L. Morales, City Manager 4
DATE: June 8, 2016 COND READING — PUBLIC HEARING
SUBJECT: Ocean Terrace Overlay— Land Deve opment Regulations Amendment
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE III "OVERLAY
DISTRICTS," CREATING DIVISION 10 "OCEAN TERRACE OVERLAY", TO
MODIFY THE APPLICABLE SETBACKS AND ALLOWABLE
ENCROACHMENTS, INCREASE THE ALLOWABLE HEIGHT TO 235 FEET
FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES, TO LIMIT
THE MAXIMUM FLOORPLATE OF THE TOWER PORTION OF NEW
BUILDINGS, TO PROVIDE A MINIMUM BUILDING SEPARATION FOR THE
TOWER PORTION OF NEW BUILDINGS, TO MODIFY THE ALLOWABLE
MAIN, CONDITIONAL, ACCESSORY AND PROHIBITED USES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Overlay Ordinance
Amendment in accordance with the staff recommendations detailed in the analysis.
BACKGROUND
On April 15, 2015, the City Commission referred this request to the Land Use and
Development Committee (Item C4E). Additionally, the matter was referred to the
Planning Board. On May 27, 2015 the Land Use and Development Committee
recommended approval of the proposed overlay district.
On July 8, 2015, the City Commission approved the Overlay Ordinance Amendment at
First Reading and set a Second Reading Public Hearing for December 9, 2015. This
approval was subject to voter approval a proposed increase in FAR for the overlay. The
voter referendum did not pass.
The original request for establishing the Ocean Terrace Overlay District required a
comprehensive plan amendment and was affected by sections 1.03(c) of the City
Charter, pertaining to increases in maximum allowable FAR. However, the proposal to
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 2 of 8
increase the zoned floor area ratio from 2.0 to 3.0 has been removed; consequently, the
previously proposed comprehensive plan amendment is no longer required.
The current sponsor of the proposed ordinance is Commissioner Joy Malakoff.
PROPOSAL/ANALYSIS
An Overlay District is being proposed in order to encourage the redevelopment of the
Ocean Terrace area in North Beach. As proposed, the Overlay would apply to the
properties located between 73rd Street on the south, 75th Street on the north, Ocean
Terrace on the east and Collins Avenue on the west. Currently the eastern portion of the
proposed overlay (fronting Ocean Terrace) is zoned MXE (Mixed Use Entertainment)
and the western portion (fronting Collins Avenue) is zoned CD-2 (Commercial, Medium
Intensity).
The following is a summary of the proposed modifications to the Land Development
Regulations:
• Increase the maximum height to 235 feet/22 stories for residential uses and 125
feet for hotel uses. Currently the maximum height is 75 feet/8 stories for MXE
areas and 50 feet/5 for CD-2 areas.
• Modify Pedestal, Tower, and Subterranean Setbacks.
• Establish maximum floor plate limitation of 10,000 square feet, including
balconies, for the tower portions of buildings; however the Historic Preservation
Board has the flexibility to allow an increase up to 15,000 square feet, subject to
Certificate of Appropriateness Criteria.
• Establish a 60 foot separation between towers, including balconies.
The proposal herein, specific to Ocean Terrace, seeks to modify the Land Development
Regulations and create a zoning overlay. The changes proposed now only require
legislative action. Previously (in 2015), the Land Use Committee and the Planning
Board endorsed the proposed overlay, and the same framework is being proposed now
for a future development project(s). Assuming this overlay is adopted, review and
approval of the Historic Preservation Board will still be required for any future
development application, inclusive of new construction, as well as any request to
demolish structures within the proposed overlay.
The FAR portion of the proposed overlay, which would have increased the current
maximum FAR from 2.0 to 3.0, was not approved by the electorate. Since that time the
developer has re-thought the scope of the overlay and hired a new planning and
architectural team to further study the existing conditions and develop regulations that
could be more context sensitive.
The developer has proposed to maintain and preserve as many of the existing,
contributing structures within the overlay as possible. Some of the existing structures are
in an advanced state of structural decline, and may not be able to be retained. The
developer has also proposed a lower scale around the perimeter of the site; this would
be accomplished by retaining a greater portion of the existing structures, as well as
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 3 of 8
limiting the height and massing of new infill structures closest to the street.
The remaining, and largest portion of the allowable FAR would be distributed within
either a slender residential tower, or a hotel tower. As proposed, the maximum height of
a residential tower would be 235 feet and the maximum height for a hotel would be 125
feet. As envisioned by the developer, the proposed increase in height would afford more
flexibility for the distribution of the allowable FAR. In this regard, rather than distributing
the maximum permitted 2.0 FAR over a 75 foot building, the developer is proposing a
much more slender tower with a maximum height of 235 feet.
Within a large development site, consisting of aggregated lots, flexibility in overall
building height can have a positive impact on the established scale of a surrounding
area. In this particular instance, the proposal to have a slender tower, with a limited
footprint, surrounded by lower scale structures, is worthy of consideration. The
established character of both Ocean Terrace and the larger Harding Townsite historic
district is defined by a low scale, pedestrian sensitive building typology at the street
level. The area contains a very unique identity as a result of the evolution of architectural
styles over time, and has maintained its pedestrian oriented, sidewalk character.
UPDATE/SUMMARY
The subject overlay ordinance was approved at First Reading on May 11, 2016. As part
of this First Reading approval, the City Commission directed the proposer to work with
the City administration with regard to suggested modifications to the legislation, in order
to ensure that the perimeter of the overlay consists of lower scale buildings.
As indicated previously, the administration believes that the substantial increase in
residential and hotel tower height proposed in the overlay should be better balanced with
tangible setback requirements for the pedestal portion of the perimeter of the project.
This will ensure that the very tallest portion of the development is limited to a narrow
tower and that the perimeter pedestal is maintained at a pedestrian level.
Staff has had a very productive dialogue with the developer's team since the First
Reading approval. Pursuant to this dialogue, the following is a summary of the revised
modifications being recommended as part of a Second Reading adoption of the overlay
ordinance:
Purpose
• The purpose of the overlay would be expanded to specify that the scale,
massing, and character of the existing building typology adjacent to the public
sidewalks shall be maintained.
Pedestal Height
• The maximum pedestal height would be reduced from 50 feet to 40 feet; all
portions of the building less than 40 feet in height would be considered the
pedestal portion of the building. However, the Historic Preservation Board would
have the authority to allow up to a 45 foot pedestal.
Pedestal Front Setback
• For buildings along Collins Avenue (CD-2), the zero (0) foot minimum setback
would apply to the first 25 feet of building height, or the height of the existing
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 4 of 8
building, whichever is greater. Thereafter, a five (5) foot minimum setback would
be required for those portions of new buildings within the remaining pedestal
height.
• For buildings along Ocean Terrace (MXE), the five (5) foot setback would apply
to the first 20 feet of building height, or the height of the existing building,
whichever is greater. Thereafter, a 20 foot minimum setback from the property
line would be required for those portions of new buildings within the remaining
pedestal height.
Pedestal Side Street Setback
• For properties fronting 75th Street, a zero (0) foot setback.
• For properties fronting 73rd or 74th street, a zero (0) foot minimum setback for the
first 20 feet of building height, or the height of the existing building, whichever is
greater, and a 20 foot minimum setback for those portions of new buildings within
the remaining pedestal height.
Tower Height
• The minimum tower height would be reduced from 50 feet to 40 feet; all portions
of the building greater than 40 feet in height would be considered the tower
portion of a building, unless the Historic Preservation Board allows for a higher
pedestal height.
Tower Front Setback
• For buildings along Collins Avenue (CD-2), the minimum setback would be
increased from 20 feet to 30 feet.
Tower Side Street Setback
• The minimum setback would be 25 feet for the first 125 feet of building height
and 50 feet for those portions of new buildings within the remaining tower height
Historic Preservation Board Discretion on Setbacks
• Similar to the maximum floor plate revisions, the historic preservation board
would have discretion over the setback requirements within the overlay, provided
any such relaxation does not exceed the minimum requirements of the
underlying zoning district and that the appropriateness criteria in chapter 118 is
satisfied.
Building Separation
• In order to allow for flexibility in combining roof decks above, the minimum
horizontal separation between the tower portions of two (2) buildings would apply
to any portion of new construction greater than 60 feet in height.
Uses Along Ocean Terrace
• Revised use thresholds are proposed for Ocean Terrace to foster a better
dialogue with the sidewalk and encourage pedestrian walkability. In this regard,
buildings with frontage on Ocean Terrace should have an 'active' use on the
ground floor with an entrance that opens onto Ocean Terrace.
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 5 of 8
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation.
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.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed overlay
ordinance, subject to the following modifications (in bold double underscore):
Sec. 142-874. Location and purpose.
The overlay regulations of this division shall apply to the properties identified in
the Map below:
The purpose of this overlay district is to:
Stimulate neighborhood revitalization and encourage new development
and renovation of important historic buildings within the Ocean Terrace /
Collins Avenue corridor.
Encourage private property owners to assemble and redevelop properties
comprehensively rather than in a piecemeal fashion.
Improve the pedestrian environment of the neighborhood.
u Maintain the scale, massina, and character of the existing building
typoloay adjacent to the public sidewalks.
Sec. 142-875. Compliance with regulations.
The following overlay regulations shall apply to the Ocean Terrace Overlay. All
development regulations in the underlying regulations shall apply, except as follows:
fal Setbacks.
al When a lot or combination of lots abuts two (2) or more streets, the
required yards shall be classified as follows:
a. Front. The areas abutting Collins Avenue and Ocean
Terrace.
b. Side, Street. The areas abutting either 73rd 74th or 75th
Streets.
c. Side, Interior. The areas abutting an adjacent property.
For a lot or combination of lots that have two front setbacks
as defined in this section, the remaining yards not facing a
street shall be classified as a side interior.
21 Pedestal.
Pedestal shall means that portion of a building or structure which is
equal to or less than 40 feet in height. The Historic Preservation
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 6 of 8
Board may allow for an increase in the pedestal height, not to
exceed 45 feet in height, in accordance with the certificate of
appropriateness criteria in chapter 118, article X of these land
development regulations.
a. Front:
1. For buildings situated on properties with an
underlying designation of CD-2, zero (0) feet for
the first 25 feet of building height, or the height
of the existing buildina, whichever is greater.
Five (5) feet for those portions of new buildings
within the remaining pedestal height_
2. For buildings situated on properties with an
underlying designation of MXE, five (5) feet for the
first 20 feet of building height, or the height of
the existing building, whichever is greater. 20
feet for those portions of new buildings within
the remaining pedestal height
b. Side street. For properties fronting 75th Street, zero (0)
feet, regardless of the underlying zoning designation. For
properties fronting 73rd or 74th street, regardless of the
underlying zoning designation, zero (0) feet for the
first 20 feet of building height, or the height of the
existing building, whichever is greater and 20 feet for
those portions of new buildings within the remaining
pedestal height.
c. Side interior.
1. For buildings situated on properties with an
underlying designation of CD-2, zero (0)feet.
2. For buildings situated on properties with an
underlying designation of MXE, 7.5 feet.
Tower.
Tower means that portion of a building or structure which exceeds
40 feet in height. Notwithstanding the foregoing, should the Historic
Preservation Board allow for an increase in the pedestal height, not
to exceed 45 feet in height, in accordance with the certificate of
appropriateness criteria in chapter 118, article X of these land
development regulations, the tower height shall start from the
pedestal height approved by the Historic Preservation Board,
a. Front.
1. For buildings situated on properties with an
underlying designation of CD-2, A 30 feet.
2. For buildings situated on properties with an
underlying designation of MXE, 50 55 feet.
b. Side street. 20 25 feet for the first 125 feet of buildinq
height, 50 feet for those portions of new buildings
within the remaining tower height, regardless of the
underlying zoning designation.
c. Side interior. 20 feet regardless of the underlying zoning
designation.
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 7 of 8
Subterranean. Zero (0) feet for all yards regardless of the underlying
zoning designation.
u The Historic Preservation Board may allow for a decrease in the
above noted minimum setback requirements, but no less than the
minimum setback requirements in the underlying zoning district
regulations, in accordance with the certificate of appropriateness
criteria in chapter 118, article X of these land development
regulations.
j Allowable encroachments and projections, consistent with Section 142-1132(o),
within required yards.
Exterior unenclosed private balconies and pool decks.
a. For buildings situated on properties with an underlying
designation of CD-2, allowable encroachment is 7.5 feet
into any required yard.
b. For buildings situated on properties with an underlying
designation of MXE:
1. Allowable front yard encroachment .r-
i. 12 feet for the pedestal.
ii. Eight(8) feet for the tower,
2. Allowable side interior yard encroachment is six (6)
feet.
21 Ground level porches, platforms and terraces (up to 30 inches above the
elevation of the lot) are allowed to project into a required yard for a
distance not to exceed 50 percent of the required yard up to a maximum
projection of five (5) feet.
fcl Height.
For main use residential buildings: lot area less than 20,000 square feet—
the maximum height is based on the underlying zoning regulations; lot
area equal to or greater than 20,000 square feet and having frontage on
both Collins Avenue and Ocean Terrace-235 feet.
(l For main use hotel buildings: lot area less than 20,000 square feet—the
maximum height is based on the underlying zoning regulations; lot area
equal to or greater than 20,000 square feet and having frontage on both
Collins Avenue and Ocean Terrace—125 feet.
All other buildings the maximum height is as provided in the underlying
zoning regulations.
Lttl The maximum number of stories is 22 stories.
(d) Floor plate. The maximum floor plate size for the tower portion of a building is
10,000 square feet, including balconies, per floor. The Historic Preservation
Board may allow for an increase in the overall floor plate, up to a maximum of
15,000 square feet, including balconies, per floor, in accordance with the
certificate of appropriateness criteria in chapter 118, article X of these land
development regulations.
Lel Building separation. All new construction shall comply with the following, as
applicable:
Commission Memorandum
Ocean Terrace Overlay-LDR Amendment
June 8, 2016 Page 8 of 8
L For any portion of new construction greater than 60 feet in height,
the minimum horizontal separation between the tower portion of two (2)
buildings, including balconies, is 60 feet.
gl Two (2) buildings used as a hotel may be connected in the tower portion
of the buildings by a one-story, enclosed pedestrian bridge, for circulation
purposes only, if approved by the historic preservation board in
accordance with the certificate of appropriateness criteria in chapter 118,
article X of these land development regulations.
gl The separation requirement between two (2) existing contributing
structures, or between an existing contributing structure and a new
building, may be waived by the historic preservation board in accordance
with the certificate of appropriateness criteria in chapter 118, article X of
these land development regulations.
if Permitted Uses.
ill The main permitted uses in the Ocean Terrace Overlay District are:
a. Apartments;
b. Apartment/hotels;
c. Hotels;
d. Commercial;
e. Uses that serve alcoholic beverages as listed in Chapter 6
(alcoholic beverages) or as specified elsewhere in the
Land Development Regulations.
The conditional uses in the Ocean Terrace Overlay District are:
a. Public and private cultural institutions open to the public;
b. Banquet facilities, defined as an establishment that
provides catering and entertainment to private parties on
the premises and are not otherwise accessory to another
main use;
c. Outdoor entertainment establishments;
d. Neighborhood impact establishments;
e. Open air entertainment establishments;
f. Main use parking garages;
g. Public and private institutions;
h. Food store selling alcoholic beverages.
Prohibited Uses
Package alcohol store.
11 Additional Development Regulations. Buildings with frontage on Collins Avenue
shall have either retail or restaurant uses (which may include neighborhood
impact establishment uses) on the front 50 feet of depth of the ground floor with
an entrance that opens onto Collins Avenue. Buildings with frontage on
Ocean Terrace shall have active uses on the ground floor with an entrance
that opens onto Ocean Terrace.
JLM/SMT/TRM
T:AGENDA\2016June\Planning\Ocean Terrace Overlay LDR-2nd READING MEM.docx
Granado, Rafael
From: • Aleman, John
Sent: Monday, May 09, 2016 2:38 PM
To: Granado, Rafael
Subject: FW: Ocean Terrace
Attachments: Letter in Support of Ocean Terrace Development 5-8-16.docx
Hello, can you please add this letter to the material for item R5D?
Thanks,
John
From: Mark Keller Imailto:MKellerCaedge-funds.com]
Sent: Sunday, May 08, 2016 10:46 AM •
To: Aleman, John
Subject: Ocean Terrace
Dear Commissioner Aleman,
I have attached a letter from the Homeowners of Altos Del Mar in support the redevelopment of the Ocean Terrace
block in North Beach.
Mark Keller
•
E U GZU ti U S
Edge Fund Advisors -
www.edge-funds.com
Mark R. Keller
Chief Executive Officer
7815 Atlantic Way
Miami Beach, Florida 33141
www.edge-funds.com
(305) 763-9492
5301 Wisconsin Avenue, NW
Suite 740
Washington, D.C. 20015
(202) 537-0770
This email and any files transmitted with it are intended solely for the
use of the individual or entity to which they are addressed. It may contain
confidential or proprietary information and may be subject to the attorney-client privilege,
solicitor-client privilege or other confidentiality protections. If you have received this
e-mail in error, you should not retain, copy or use this e-mail or any files transmitted
with it for any purpose, nor disclose all or part of the contents to any other person.
In such case, please notify the sender and permanently delete the e-mail and
any files transmitted with it immediately.
•
=".4 ==r Altos Del Mar Homeowners Association, Inc
� / .
May 8, 2016
City of Miami Beach
City Commission
1700 Convention
Center Drive Miami
Beach, FL 33139
Dear City of Miami Beach Commissioners and Mayor,
I am writing as President of the Board of Directors of the Homeowners Association for
the historic district of Altos Del Mar. As you know Altos Del Mar's rebirth is a major part
of North Beach's growth and we should all be proud of the high standards by which the
new homes and the Altos community have aspired to. A historic community located
directly on the beach between two major public parks must continue to be protected by
smart development and public sector decisions.
We have reviewed the developer's concept and proposed development and I am writing
on behalf of all of our homeowners to inform you that we support of the Ocean Terrace
Redevelopment Plan, a project that will continue what Altos Del Mar started in 2005.
Ocean Terrace will continue to transform our neighborhood by making this section of
North Beach enjoyable for the entire community. The current blighted conditions that
exist on the block represent everything we should want to demolish since in its current
condition it is a magnet for crime and decay. We believe the redevelopment of Ocean
Terrace will benefit all residents and significantly help drive the local economy,
something this area desperately needs and something the homeowners of Altos Del Mar
support and would enjoy with our families.
The Redevelopment Plan for Ocean Terrance improves our local community while
maintaining the character of historic North Beach and acts as a buffer against further
encroachment towards the Altos Del Mar historic park and housing community. The
revitalized retail and ocean front commercial area will attract residence and tourist to
enjoy the beach, new shops and hotel. The redevelopment will go along way in
displacing the current bad elements that impact this area by replacing them with a
vibrant community, whereas today, there is none.
Our Board of Directors and homeowners have met with the Ocean Terrace
development team and they have listened and been responsive to our
concerns. We believe the enhanced pedestrian experience through wider sidewalks;
improved landscaping and outdoor seating options will permit our residence the
opportunity to walk two blocks through the revitalized Ocean Terrace block to enjoy the
'ri r;► Altos Del Mar Homeowners Association, Inc
i�E
1' k bandshell, arts and other community benefits by making the Ocean
�•w �► � Y Y 9
; , Terrace block more pedestrian friendly.
We remain very concerned with other proposed plans the City has for
public restrooms and park amenities which we feel could lead to further crime and
encouraging the homeless population and other elements to congregate in the park, but
we feel the Ocean Terrace project is a step in the right direction for North Beach and
our neighborhood.
Please join Altos Del Mar in support of the Ocean Terrace Redevelopment Plan. Our
Homeowners look to you to ensure our community continues to thrive. I will be
attending the hearing on May 1191 and would be pleased to present our views to the
Commission.
Sincerely,
71f444 'item
Mark R. Keller
President of the Board of Directors
Altos Del Mar Homeowners Association.
MAY NAY,row I NEIGHBORS I I17NE
IUAA}ERALOCOM
MIAMI BEACH
CITY OF MIAMI BEACH
NOTICE OF AMENDMENTTO THE LAND
DEVELOPMENT REGULATIONS OFTHE
CITY OF MIAMI BEACH
CODE OF ORDINANCES
NOTICE OF PUBLIC HEARING
JUNE 8, 2016
NOTICE IS HEREBY GIVEN that the following second reading/public hearing will be held by
the Mayor and City Commissioners of the City of Miami Beach,Florida,in the Commission
Chambers,Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,
on Wednesday,June 8,2016,at 5:01 p.m.,or as soon thereafter as the matter can be heard:
An Ordinance Amending The Land Development Regulations Of The Code Of The
City Of Miami Beach,By Amending Chapter 142,"Zoning Districts And Regulations;'
Article III"Overlay Districts;'Creating Division 10"OceanTerrace Overlay',To Modify
The Applicable Setbacks And Allowable Encroachments, Increase The Allowable
Height To 235 Feet For Residential Uses And 125 Feet For Hotel Uses,To Limit
The Maximum Floorplate Of The Tower Portion Of New Buildings,To Provide A
Minimum Building Separation For The Tower Portion Of New Buildings,To Modify
The Allowable Main, Conditional, Accessory And Prohibited Uses; Providing For
Repealer;Severability;Codification;And An Effective Date.
Inquiries may be directed to the Planning Department at 305.673.7550.This ordinance is
being heard pursuant to 118-164,of the City's Land Development Code.
Map of Location for Ocean Terrace Overlay District:
i I I;6:7--.... iiii' ,:i,__-_ - ;\' '., ,'7,--4.74'..-7-1 -i''
4.„.,,:„.1%,,, ,,, , 1,..,: ..-, _,
• .. .4P---'6z.' '''' ''VOI . i'' ,,A 4
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an
agent,or to express their views in writing addressed to the City Commission,do the City
Clerk, 1700 Convention Center Drive, First Floor, City Hall, Miami Beach, Florida 33139.
This item is available for public inspection during normal business hours in the Office of
the City Clerk, 1700 Convention Center Drive,First Floor,City Hall,Miami Beach,Florida
33139.This item may be continued,and under such circumstances,additional legal notice
need not be provided.
Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person
decides to appeal any decision made by the City Commission with respect to any matter
considered at its meeting or its hearing,such person must ensure that a verbatim record
of the proceedings is made, which record includes the testimony and evidence upon
which the appeal is to be based.This notice does not constitute consent by the City for
the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does
it authorize challenges or appeals not otherwise allowed by law.
To request this material in alternate format, sign language interpreter (five-day notice
required),information on access for persons with disabilities,and/or any accommodation
to reviewany document or participate in any City-sponsored proceedings,call 305.604.2489
and select 1 for English or 2 for Spanish,then option 6;TTY users may call via 711(Florida
Relay Service).
Rafael E.Granado
City Clerk
Ad 1146
•
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