2016-4029 Ordinance BELOW GRADE FLOOR AREA- CONTRIBUTING BUILDINGS
ORDINANCE NO. 2016-4029
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 114, "GENERAL PROVISIONS," BY
AMENDING THE DEFINITION OF FLOOR AREA; WHICH
DEFINITION IS CONSISTENT WITH THE DEFINITION OF
FLOOR AREA RATIO (FAR) AS EXISTED ON NOVEMBER 7,
2001, THUS ENSURING COMPLIANCE WITH SECTION 1.03(c)
OF THE CHARTER; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
WHEREAS, Section 1.03 of the City Charter, entitled "Powers of the City", provides as
follows:
(c) 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 zoned 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 any such increase in zoned floor area
ratio for any such property shall first be approved by a vote of the
electors of the City of Miami Beach; and
WHEREAS, Section 1.03 of the City Charter requires the approval of the City's voters
in order to increase the Floor Area Ratio (FAR) of any property or street end by zoning,
transfer, or any other means, from the FAR allowed as of November 7, 2001; and
WHEREAS, floor area is defined at Section 114-1 of the land development
regulations; and
WHEREAS, as of November 7, 2001, the exceptions to the definition of "floor area" in
the City's land development regulations included the following provision:
(9) Floor area located below grade; however, if the ceiling is above grade,
one half of the floor area that is below grade shall be included in the floor area
ratio calculation; and
WHEREAS, on June 11, 2014, the City adopted Ordinance 2014-3876, which
amended a portion of the definition of floor area, to clarify and narrow the definition, as
follows:
"(9) Floor area located below grade when the top of the slab of the ceiling is
located at or below grade.; however, However, if any portion of the top of the
slab of the ceiling is above grade, ene-loaf the floor area that is below grade
shall be included in the floor area ratio calculation"; and
WHEREAS, the Mayor and City Commission desire to amend subsection (9) to the
definition of floor area, so that Floor Area Ratio (FAR) can be calculated, as it relates to existing
contributing structures, located within a local historic district, national register historic district or
local historic site, to allow a one-half floor area calculation for floor area located below grade,
when the top of the slab of an existing ceiling is located above grade; and
WHEREAS, the proposed modification is consistent with charter provision 1.03(c), as
the modification would conform the definition of FAR for existing historic and contributing
structures, back to the definition that existed on November 7, 2001; and
WHEREAS, this modification would not affect new construction, which new construction
would continue to be calculated pursuant to Ordinance 2014-3876, requiring the entire floor
area located below grade to be calculated against a property's allowable FAR, if any portion of
the top of the slab of the ceiling is above grade; and
WHEREAS, the City desires to more accurately measure the scale and massing of
development by updating the definitions in the land development regulations; and
WHEREAS, the regulation in effect prior to June 11, 2014 applied to all buildings, and
provided a "one-half" FAR calculation as to floor area located below grade; and
WHEREAS, as the definition of FAR set forth in this Ordinance remains equal to or more
restrictive than the FAR regulations in effect on November 7, 2001, a general referendum on the
amendment is not required, because the FAR definition that existed on November 7, 2001, is
not being amended to allow an "increase[] by zoning, transfer, or any other means from its
current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment
[November 7, 2001]";
WHEREAS, the limited change in the definition of floor are is in the best interest of the
City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. City Code Chapter 114, "General Provisions," is hereby amended as follows:
CHAPTER 114
GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Floor area means the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an architectural
projection, from the centerline of walls separating two attached buildings. However, the floor
area of a building shall not include the following unless otherwise provided for in these land
development regulations.
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(1) Accessory water tanks or cooling towers.
(2) Uncovered steps.
(3) Attic space, whether or not a floor actually has been laid, providing structural
headroom of less than seven feet six inches.
(4) Terraces, breezeways, or open porches.
(5) Floor space used for required accessory off-street parking spaces. However, up to a
maximum of two spaces per residential unit may be provided without being included in
the calculation of the floor area ratio.
(6) Commercial parking garages and noncommercial parking garages when such
structures are the main use on a site.
(7) Mechanical equipment rooms located above main roof deck.
(8) Exterior unenclosed private balconies.
(9) Floor area located below grade when the top of the slab of the ceiling is located at or
below grade. However, if any portion of the top of the slab of the ceiling is above
grade, the floor area that is below grade shall be included in the floor area ratio
calculation. Despite the foregoing, for existing contributing structures that are located
within a local historic district, national register historic district, or local historic site,
when the top of the slab of an existing ceiling of a partial basement is located above
grade, one-half of the floor area of the corresponding floor that is located below grade
shall be included in the floor area ratio calculation.
(10) Enclosed garbage rooms, enclosed within the building on the ground floor level.
Volumetric buildings, used for storage, where there are no interior floors, the floor area shall
be calculated as if there was a floor for every eight feet of height.
When transfer of development rights are involved, see chapter 118, article V for additional
regulations that address floor area.
SECTION 2. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. 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
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word.
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 I y day of See-0646PC , 2016.
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Philip Levine 2"
Mayor
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City Clerk '`' "---)-6,---- ,_c,.,- - ,
'1 ,y v\\\ICOI 1OPa � APPROVED AS TO
\�1C : (rn/t_�l FORM AND LANGUAGE
q & FOR EXECUTION
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'� E City Attorney Date
First Reading: July 13, 2016 �.
Second Reading: Septemb-r 13, 2016
Verified by:
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Thomas R. Mc,, ey, AICP
Planning Director
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Ordinances - R5
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 14, 2016
10:40 a.m. Second Reading Public Hearing
SUBJECT: BELOW GRADE FLOOR AREA— CONTRIBUTING BUILDINGS:
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 114, "GENERAL PROVISIONS,"
BY AMENDING THE DEFINITION OF FLOOR AREA; WHICH DEFINITION IS
CONSISTENT WITH THE DEFINITION OF FLOOR AREA RATIO (FAR) AS
EXISTED ON NOVEMBER 7, 2001, THUS ENSURING COMPLIANCE WITH
SECTION 1.03(C) OF THE CHARTER; PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
ANALYSIS
Section 114-1 of the Land Development Regulations defines the criteria for areas that count
towards a buildings floor area limitations provided for through the Floor Area Ratio (FAR)
permitted in each zoning district within the City. The criteria exempts certain portions of a
building from counting towards the floor area limitations. The proposed amendment modifies
the exemptions from floor area as follows:
Floor area means the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an architectural
projection, from the centerline of walls separating two attached buildings. However, the floor
area of a building shall not include the following unless otherwise provided for in these land
development regulations.
(1) Floor area located below grade when the top of the slab of the ceiling is located at or below
grade. However, if any portion of the top of the slab of the ceiling is above grade, the floor area
that is below grade shall be included in the floor area ratio calculation. Despite the foregoing, for
existing contributing structures that are located within a local historic district, national register
historic district, or local historic site, when the top of the slab of an existing ceiling of a partial
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basement is located above grade, one-half of the floor area of the corresponding floor that is
located below grade shall be included in the floor area ratio calculation.
As basements are primarily below the level of the sidewalk, their impact on the overall scale of a
building, as well as its surroundings, is not as great as a floor that is fully above the sidewalk
level. Although the modification proposed herein reduces the area that is counted towards the
maximum floor area of a building for basements, its application is very limited. It is the intention
of this ordinance amendment to improve the economics for the restoration of contributing
buildings with existing basements in local historic districts. It also incentivizes the preservation of
contributing structures with basements in National Register Historic Districts.
City Charter Issues
Since the amendment relates to the definition of Floor Area Ratio (FAR), the proposal must be
reviewed for consistency with City Charter Section 1.03 (c), which partially states:
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 definition of floor area ratio in effect on November 7, 2001 included the following exemption
from the calculation of floor area:
(9) Floor area located below grade; however, if the ceiling is above grade, one half of the floor
area that is below grade shall be included in the floor area ratio calculation.
On June 11, 2014, the City Commission adopted Ordinance 2014-3876, which amended a
portion of the definition of Floor Area, to clarify and narrow the definition to the following:
(9) Floor area located below grade when the top of the slab of the ceiling is located at or below
grade.; however, However, if any portion of the top of the slab of the ceiling is above grade, one-
half of the floor area that is below grade shall be included in the floor area ratio calculation.
The proposed amendment partially reinstates the exemption that existed prior to June 11, 2014,
and that was in effect on November 7, 2001, when the City Charter provision related to FAR
went into effect. It reinstates the provision regarding the counting of half of the floor area below
grade if any portion of the slab or ceiling is above grade only for contributing buildings in a local
historic district, national register district, or local historic sites. The regulation in effect prior to
June 11, 2014 counted for all buildings. Since the regulation proposed by the amendment is
more restrictive than the FAR regulations in effect on November 7, 2001, a general referendum
on the amendment is not required.
PLANNING BOARD REVIEW
On June 28, 2016, the Planning Board (by a 5-0 vote) transmitted the proposed ordinance
amendment to the City Commission with a favorable recommendation.
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CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
FINANCIAL INFORMATION
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.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
❑ Ordinance
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