Ordinance 94-2949 •
ORDINANCE NO. 94-2949
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665,
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-3,ENTITLED"RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM •
INTENSITY"BY ADDING A UNIT SIZE FAR BONUS SCALE AND BY PROVIDING THAT
THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-3B,AND SHALL NO
LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-4,
ENTITLED "RM-3 RESIDENTIAL MULTI FAMILY, HIGH INTENSITY" BY ADDING A
HOTEL UNIT SIZE FAR BONUS SCALE, BY INCLUDING ONLY THAT AREA IN
UNENCLOSED BALCONIES THAT IS INCLUDED IN THE CALCULATION OF FLOOR AREA
IN DETERMINING THE AVERAGE UNIT FLOOR AREA,AND BY PROVIDING THAT FAR
FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-4B,AND SHALL NO LONGER
BE DETERMINED BY SUBSECTION 6-23;AMENDING SUBSECTION 6-7,ENTITLED"CD-2
COMMERCIAL,MEDIUM INTENSITY"BY MODIFYING THE FLOOR AREA RATIO(FAR)
SCALE , BY ADDING A BASE FAR FOR RESIDENTIAL AND APARTMENT/HOTEL
DEVELOPMENT AND ADDING METHODOLOGY FOR CALCULATING BONUS FAR FOR
RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT, AND BY DELETING THE
REFERENCE TO FLOOR AREA RATIOS FOR HOTEL DEVELOPMENT; AMENDING
SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL,HIGH INTENSITY" BY PROVIDING
THAT THE FAR FOR HOTEL AND RESIDENTIAL DEVELOPMENT SHALL BE AS SET
FORTH 114 SUBSECTION 6-4B,AND THAT THE FAR FOR HOTEL DEVELOPMENT SHALL
NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-10,
ENTITLED "CCC CIVIC AND CONVENTION CENTER DISTRICT"BY PROVIDING THAT
THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-10 AND SHALL NO
LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-16,
ENTITLED "MXE MIXED USE ENTERTAINMENT DISTRICT" BY REDUCING THE
MAXIMUM FAR FOR HOTELS AND BY PROVIDING THAT CONVENTION HOTEL FAR •
SHALL BE AS SET FORTH IN SUBSECTION 6-23; AMENDING SUBSECTION 6-23,
ENTITLED"MAXIMUM FAR FOR HOTEL DEVELOPMENT"BY PROVIDING THAT SAID
SUBSECTION SHALL ONLY BE APPLICABLE TO CONVENTION HOTELS AS SPECIFIED
IN THE CITY CENTER/ HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
REVITALIZATION PLAN; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach has undertaken a comprehensive review to study development
regulations in several areas within the Municipality;and
WHEREAS,the Miami Beach Planning Board on June 21, 1994 requested further study and analysis of the
Floor Area Ratios in the City's residential and commercial districts;and
WHEREAS,the following amendments to the City's Zoning Ordinance which resulted from these studies are
necessary to ensure that the various uses within zoning districts are compatible in terms of scale,bulk and size with other
development within those districts.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH,FLORIDA:
SECTION 1. That Subsection 6-3,entitled"RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM INTENSITY"of
Section 6,entitled"Schedule of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida
is hereby amended as follows:
1
6-3 RM-2 RESIDENTIAL MULTI FAMILY,MEDIUM INTENSITY.
* * *
B. Development Regulations
* * *
a. Floor Area Ratio Bonus Methodology
1) Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based
upon criteria listed in Section 6-24. The maximum increase in the Floor Area Ratio above
the base FAR achieved by using the design bonuses is 0.25.
2) The second bonus is based on the average Floor Area of the,Apartment Units or Hotel
Units. The tables below lists the bonus Floor Area Ratio based upon the net average
Apartment Unit size or gross average Hotel Unit size. For purposes of this Section,the gross
average Hotel Unit size shall be calculated by dividing the gross floor area,as,defined in
Section 3,by the total number of Hotel Units.
Net Avg. 800 900 1000 1100 1200 1300
Apartment Unit
Floor Area
Bonus FAR 0.00 0.05 0.10 0.15 0.2 0.25
Gross Avg. Hotel 500 550 600 650 700 750
Unit Floor Area
Bonus FAR 0.00 0.05 0.1 0.15 0.2 0.25
b. For purposes of this Section, the area contained in unenclosed Balconies that is included in the
calculation of Floor Area Ratio shall be included in determining the average Floor Area computations
of units.
c Any number falling between the specified ranges shall be calculated by interpolation.
d. The Maximum Floor Area Ratio(FAR)with all bonuses is determined by the following formula:
Base FAR + Design Bonus + Avg Unit Size Bonus = Maximum Floor
(1.50 to 2.25) (0.0 to 0.25) (0.0 to 0.25 ) Area Ratio
based on design based on average
based upon Lot Area criteria unit size
d. The unit size bonus for mixed hotel/residential developments shall be as set forth in Section 6-4,B.2.a.
7
3. Min.Lot 4. Min.Lot 5. Min.Unit Size 6. Avg.Unit Size 7. Max.Bldg.Height
Area Width (sq.ft.) (sq.ft.) (feet)
(sq.ft.) (feet)
7,000 50 New Construction-550 New Construction-800 None
Rehabilitated Buildings-400 Rehabilitated Buildings-550
Hotel Unit 15%:300-335 Hotel Units -N/A
85%: 335+
8. The maximum Floor Arca Ratio for Hotel Development Shall be pursuant to Section 6 23.
* *
SECTION 2. That Subsection 6-4,entitled"RM-3 RESIDENTIAL MULTI FAMILY,HIGH INTENSITY"of Section 6,entitled
"Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as
follows:
6-4 RM-3 RESIDENTIAL MULTI FAMILY,HIGH INTENSITY
* * *
B. Development Regulations
* * *
.. a .. :. ..
a. Floor Area Ratio Bonus Methodology
1) Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based
upon criteria listed in Section 6-24. The maximum increase in the Floor Area Ratio above
the base FAR achieved by using the design bonuses is 0.50.
2) The second bonus is based on the average Floor Area e€-all-of the Apartment Units or Hotel
Units. The below tables below lists the bonus Floor Area Ratio based upon the net average
Apartment Unit size or gross average Hotel Unit size. For purposes of this Section,the
gross average Hotel Unit size shall be calculated by dividing the gross floor area,as defined
in Section 3,' by the total number of Hotel units.
* * *
Gross 500 550 600 650 700 750 800 850 900 950 1000
Avg.Hotel
Unit Floor
Area
Bonus 0.00' 0.05 0.10 0.15' 0.20 0.25 0.30 0.35 0.40 0.45 0.50
FAR
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b. For purposes of this Section,the area contained in unenclosed Balconies that is included in the calculation of
Floor Area Ratio shall be included in determining the average Floor Area computations of units,but not in
c. Any number falling between the specified ranges shall be calculated by interpolation.
d. The Maximum Floor Area Ratio(FAR)with all bonuses is determined by the following formula:
e, Mixed Hotel/residential Development shall have the unit size bonus calculated in the following manner;
the gross floor area,as defined in Section 3,shall be divided proportionally to the percentage of Hotel
Units to Apartment Units, that percentage of the gross building area corresponding to the Hotel
Development shall be utilized in determining the gross hotel unit size bonus. The residential unit size
bonus is based solely on the net average unit size.
* * *
SECTION 3. That Subsection 6-7, entitled "CD-2 COMMERCIAL, MEDIUM INTENSITY" of Section 6, entitled
"Schedule of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended
as follows:
6-7 CD-2 COMMERCIAL,MEDIUM INTENSITY.
* * *
B. Development Regulations
1. Base 2. Max.FAR 3.Min.Lot 4. Min.Lot 5. Min.Apt. 6. Avg.Apt. 7. Max.
FAR with bonus Area Width Unit Size Unit Size Bldg.
(See Sec.6-24) (sq.ft.) (feet) (sq.ft.) (sq.ft.) Height
(feet)
1.0 2.0 Comm.- Comm.-none Comm.-N/A Comm.-N/A None
none
Residential and Residential and Res.-50 New Construction New Construction
Apartment/Hotel Apartment/I-lote Res.-7,000 -550 -800
Development- I Development
1.5 shall follow the Rehabilitated Buildings Rehabilitated Buildings
FAR bonus -400 -550
methodology as
set forth in Hotel Unit Hotel Units-N/A
Section 6- 15%:300-335
3,B.2.a 85%:335+
-- '-- -- -- - . -- . . .- - - - ` - --
C. Setback Requirements- See Section 6-9.
SECTION 4. That Subsection 6-8,entitled"CD-3 COMMERCIAL,HIGH INTENSITY"of Section 6,entitled"Schedule
of District Regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows:
6-8 CD-3 COMMERCIAL,HIGH INTENSITY.
* * *
4
B. Development Regulations
* * *
a. However,the Floor Area Ratio range for residential development,inclusive of hotels,in the Architectural
District shall be 1.25 to 3.0. The Floor Area Ratio bonus shall be based on the average room size and
design bonus as set forth in Section 6-4,B.2.a and 6-24,A. For all other residential development,
inclusive of hotels outside of the Architectural District, and hotels east of Collins Avenue is the
Architectural District the Floor Area Ratios shall be as set forth in Subsection 6-4,B. However,
Convention Hotel Developments shall follow the development regulations as set forth in Section 6-23.
b. The unit size bonus for mixed hotel/residential developments shall be as set forth in Section 6-4,B..2.a.
The maximum Floor Arca Ratio range for Hetel Development including hotcl3 ca3t of Collin3 Avenue in
the Architectural Di3trict shall be pursuant to Section 6 23.
* * *
SECTION 5. That Subsection 6-10, entitled "CCC CIVIC AND CONVENTION CENTER DISTRICT" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby
amended as follows:
6-10 CCC CIVIC AND CONVENTION CENTER DISTRICT.
* * *
B. Development Regulations
Lot Area equal Lot Area Lot Area Lot Area Lot Area Lot Area
to or less than between 22,500 between 37,500 between 45,000 between 60,000 greater than
22,499 sq.ft. and 37,499 sq.ft. and 44,999 sq.ft. and 59,999 sq.ft. and 74,999 sq.ft. 75,000 sq.ft.
1. Base FAR 1.25 2.00 2.75 3.50 4.25 5.00
2. Maximum FAR 2.25 3.00 3.75 4.50 5.25 6.00
with bonuses
(See Sec.6-24)
-- - '-- -- -- . -- - - - .- - - - ---- --- -- - - -- - • -
* * *
SECTION 6. That Subsection 6-16,entitled"MXE MIXED USE ENTERTAINMENT DISTRICT"of Section 6, entitled
"Schedule of District regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended as
follows:
6-16 MXE MIXED USE ENTERTAINMENT DISTRICT.
* * *
5
B. Development Regulations
1.Base FAR 2. Max.FAR 3.Min.Lot 4.Min.Lot 5. Min.Apt. 6. Avg.Apt 7. Max.
with bonus Area Width Unit Size Unit Size Bldg
(sq.ft.) (feet) (sq.ft.) (sq.ft.) Height
(feet)
All uses-1.5 All uses-3.0 N/A N/A Existing Structures: Existing Structures: Architectural
Apt Units -400 Apt Units -550 District:
Except Except Hotel Units-in a Hotel Units -N/A Oceanfront-150 -
Convention Convention Hotel Local Historic Non-oceanfrt-50
Hotel Develop- Development le-a District/Site-200, New
meat(as set locally designated otherwise construction: Ocean Drive/Collins
forth in Section Ili3toric District 15%:300-335 Apt Units -800 Avenue Historic
6-23)-1.75 34 85%:335+ Hotel Units -N/A District-See Section
6-16.E.
all-ether-Hefei New
Development Shall construction: However,lots west
be-parsnant to(';as Apt Units -550 of James Avenue and
set forth in Section Hotel Units- Park Avenue shall
6-23)-3:50. 15%:300-335 not have a maximum
85%:335+ height limit;
All other areas-none.
* * *
SECTION 7. That Subsection 6-23,entitled"MAXIMUM FAR FOR HOTEL DEVELOPMENT"of Section 6,entitled
"Schedule of District regulations"of Zoning Ordinance 89-2665 of the City of Miami Beach,Florida is hereby amended
as follows:
6-23 MAXIMUM FAR FOR CONVENTION HOTEL DEVELOPMENT CITY 'CENTER/HISTORIC
CONVENTION VILLAGE REDEVELOPMENT AND REVITALIZATION AREA
A. Convention Hotel Development as proposed in the City Center/Historic Convention Village
Redevelopment and Revitalization Area Plan and specifically identified as Sites 1-A and 1-B in the
Convention Hotel Development Opportunity(Request For Proposals)shall conform to the Floor Area
Ratio regulations set forth in this Section regardless of the underlying zoning district. However,that
portion of Convention Hotel Developments located in the MXE District shall have a base FAR of 1.75'
and a maximum'FAR not to exceed 3.50. , -:. , . -•- ; - • :- . :: -- '- :- . ;
designated Hi3toric District and/or Site thc bast FAR shall bc 1.75 and thc maximum allowed FAR
shall not cxcccd 3.5 (incrcasc3 beyond thc base FAR shall bc achieved through thc formula act forth
in Scction 6 24).
B. Lot Area equal Lot Area Lot Area Lot Area Lot Area Lot Area greater
to or less than between 22,500 between between 45,000 between 60,000 than 75,000 sq.ft.
22,499 sq.ft. and 37,499 sq.ft. 37,500 and and 59,999 sq.ft. and 74,999 sq.ft.
44,999 sq.ft.
1.Base FAR 1.25 1.85 2.45 3.05 3.65 4.25
2.Maximum FAR 3.00 3.60 4.20 4.80 5.40 6.00
with all bonuses
C. Floor Area Ratio Bonus Methodology
1. Floor Area Ratio bonuses are achieved in two ways. The first is a bonus for design based upon criteria
listed in Section 6-24. The maximum increase in the Floor Area Ratio above the base FAR achieved
by using the design bonuses is 0.50.
6
•
•
2. The second bonus is based on the gross Hotel Unit size. For purposes of this Section, the gross
average Hotel Unit size shall be calculated by dividing the gross Building area by the total number of
Hotel Units. The below table lists the bonus Floor Area Ratio based upon the gross average Hotel Unit
size.
Avg.Unit Floor Area 600 650 700 750 800 850 900 950 1000
(gross)
Bonus FAR 0.00 0.16 0.31 0.47 0.63 0.78 0.94 1.09 1.25
3. Any number falling between the specified ranges shall be calculated by interpolation.
4. The Maximum Floor Area Ratio with all bonuses is determined by the following formula:
Base FAR + Design Bonus + Avg Unit Size Bonus = Maximum Floor
(1.25 to 4.25) (0.0 to 0.50) (0.0 to 1.25) Area Ratio
based upon Lot Area based on design based on average
criteria unit size
D. A mixcd HotcUre3idential Devclopmcnt Shall have an FAR calculated in the following manner the
n3 set forth in Scction 6 23,A. above. The percentage of Lot Arca corrc3ponding to the residential
D- . - ----- - . -- .. . - - -- -- .. •• . . -- .. -
E. The Building shall havc central air conditioning or flush mounted wall unit3, however no air
conditioning equipment may fact a Street,bay or ocean.
* * *
SECTION 8. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City of Miami Beach
Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention;and that the word"ordinance"may be changed to "section"or other appropriate word.
SECTION 9. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are
hereby repealed.
SECTION 10. SEVERABILITY. If any section,subsection,clause or provision of this Ordinance is held invalid,the
remainder shall not be affected by such invalidity.
7
3
SECTION 11. EFFECTIVE DATE. This Ordinance shall take effect on the 15th day of
October , 1994.
PASSED and ADOPTED this 5th day of October 1994.
`•ii
ATTEST:
C skil
t-IcA
TY CLERK
1st reading 9/22/94
2nd reading 10/5/94
Shaded=new language
Strikeout=deleted language
DJG/JGG
September 30,1994
c:\wpV'ar2B.adm
FORM APPROVED
LEGAL DEPT.
By J G
Date
8
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. 7 q L-9
1"
TO: Mayor Seymour Gelber and DATE:
Members of the City Commission October 5, 1994
FROM: Roger M. Carltry
City Manager
SUBJECT: SECOND READING AND PUBLIC HEARING — AN ORDINANCE OF THE
MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-
2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT
REGULATIONS", BY PROVIDING FOR HOTELS TO HAVE THE SAME
BASE FAR AS ALLOWED FOR OTHER TYPES OF DEVELOPMENT IN THE
SAME ZONING DISTRICT, AMENDING SUBSECTION 6-3, ENTITLED
"RM-2 RESIDENTIAL MULTI FAMILY, MEDIUM INTENSITY" BY
ADDING A UNIT SIZE FAR BONUS SCALE AND BY PROVIDING THAT
THE FAR FOR HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-
3B, AND SHALL NO LONGER BE DETERMINED BY SUBSECTION 6-23;
AMENDING SUBSECTION 6-4, ENTITLED "RM-3 RESIDENTIAL MULTI
FAMILY, HIGH INTENSITY" BY ADDING A HOTEL UNIT SIZE FAR
BONUS SCALE, BY ELIMINATING THE PROVISION WHICH INCLUDED
UNENCLOSED BALCONIES IN CALCULATING THE AVERAGE UNIT
FLOOR AREA, AND BY PROVIDING THAT FAR FOR HOTELS SHALL BE
AS SET FORTH IN SUBSECTION 6-4B, AND SHALL NO LONGER BE
DETERMINED BY SUBSECTION 6-23; AMENDING SUBSECTION 6-7,
ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY" BY MODIFYING
THE FLOOR AREA RATIO (FAR) SCALE , BY ADDING A BASE FAR
FOR RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT AND
ADDING METHODOLOGY FOR CALCULATING BONUS FAR FOR
RESIDENTIAL AND APARTMENT/HOTEL DEVELOPMENT, AND BY
DELETING THE REFERENCE TO FLOOR AREA RATIOS FOR HOTEL
DEVELOPMENT; AMENDING SUBSECTION 6-8, ENTITLED "CD-3
COMMERCIAL, HIGH INTENSITY" BY PROVIDING THAT THE FAR FOR
HOTEL AND RESIDENTIAL DEVELOPMENT SHALL BE AS SET FORTH
IN SUBSECTION 6-4B, AND THAT THE FAR FOR HOTEL
DEVELOPMENT SHALL NO LONGER BE DETERMINED BY SUBSECTION
6-23; AMENDING SUBSECTION 6-10, ENTITLED "CCC CIVIC AND
CONVENTION CENTER DISTRICT" BY PROVIDING THAT THE FAR FOR
HOTELS SHALL BE AS SET FORTH IN SUBSECTION 6-10 AND SHALL
NO LONGER BE DETERMINED BY SUBSECTION 6-23; AMENDING
SUBSECTION 6-16, ENTITLED "MXE MIXED USE ENTERTAINMENT
DISTRICT" BY REDUCING THE MAXIMUM FAR FOR HOTELS AND BY
PROVIDING THAT CONVENTION HOTEL FAR SHALL BE AS SET FORTH
IN SUBSECTION 6-23; AMENDING SUBSECTION 6-23, ENTITLED
"MAXIMUM FAR FOR HOTEL DEVELOPMENT" BY PROVIDING THAT
SAID SUBSECTION SHALL ONLY BE APPLICABLE TO
CONVENTION HOTELS AS SPECIFIED IN THE CITY CENTER/ 143
HISTORIC CONVENTION VILLAGE REDEVELOPMENT AND
AGENDA ITEM
DATE 10- 57-914
%
REVITALIZATION PLAN; PROVIDING FOR INCLUSION IN THE
ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
RECOMMENDATION
The City Administration recommends adoption, upon a second reading,
a corrected version of the Planning Board amending Ordinance
regarding the calculation of Floor Area Ratio (FAR) for Hotel
Development and the inclusion of average apartment and gross
average hotel unit floor area in the FAR bonus system for the RM-2
Districts and a gross average hotel unit floor area bonus scale in
the RM-3 Districts. The Administration recommends further that the
revised language in the proposed ordinance under Agenda item R-3-L
relative to calculation of average unit size for purposes of FAR
bonus, be included herein.
It should be noted that while the proposed Ordinance would exempt
the Convention Center Hotel Site on Collins Avenue between 15th and
16th Streets, (Site 1-A and Site 1-B) , all three (3) finalist
projects proposed for the site, in addition to the Sheraton
proposal, fall well below a maximum FAR of 4 . 0. The estimated
FAR's for these projects are as follows:
NAME OF SITE AREA EXISTING GROSS EXISTING FLOOR
PROPOSED BUILDING AREA AREA RATIO
PROJECT (SQUARE FEET) (SQUARE FEET) (FAR)
LOEWS 235, 385 722 , 000 3 . 06
PEABODY 235, 385 761, 386 3.23
HYATT 235, 385 721,384 3. 07
SHERATON 81, 125 218,225 2. 69
Due to the fact that the Convention Hotel Site actually comprises
two Zoning Districts and the bulk of the new development under each
proposal falls within the CD-3 District, it is probable that the
FAR for that portion of the site exceeds 4. 0. Since these numbers
are subject to detailed calculation and verification, the
administration and staff have recommended excluding the Convention
Hotel Site from the proposed amendment to avoid any potential
problem.
BACKGROUND
The Planning Board has requested amendments to the current
Development regulations of the Zoning Ordinance resulting from an
extensive review and analysis of the density regulations in the
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City's low, medium and high intensity residential districts and
medium and high intensity commercial districts. In essence, the
amendment would require proposed hotel development to conform to
the same development regulations as required for residential
apartment buildings within the underlying Zoning District. The
reference to the Hotel Floor Area Ratio Methodology (Subsection
6-23) would be removed from all applicable Zoning Districts
throughout the City except for the two Convention Hotel Development
Site as specified in the City Center/Historic Convention Village
Redevelopment Plan. The amendment also adds unit sizes as a
component in achieving the maximum FAR in the RM-2 Zoning
Districts.
On January 5, 1994, the City Commission requested that the Division
prepare a study and analysis of the Floor Area Ratios in the City's
medium and high intensity residential zoning districts and within
the high intensity commercial districts. In response to that
request, a joint public workshop was held on February 17, 1994 by
the City Commission with all relative City Boards and staff to
discuss items related to current FAR requirements and policies.
Items for discussion at this initial workshop included the need for
quality development, reduction of base FAR's and unit size bonuses,
elimination of the parking impact fee for new construction to force
developers to provide the required parking, pedestal heights,
pedestal setbacks and pedestrian visual impacts, building mass,
tower heights and setbacks and the need to modify the sliding scale
for FAR's because it is not consistent from district to district.
It was concluded that all these items were worthy of further study
but that the study on the potential reduction of floor area ratio
should proceed immediately. Hotel Development pursuant to
Subsection 6-23 was also reviewed in this study.
On June 21, 1994, the Planning Board held a second public workshop
and specifically discussed and addressed the reduction of the FAR's
in the RM-2 (Multi-Family Medium Intensity) , RM-3 (Multi-Family
High Intensity) and CD-3 (Commercial High Intensity) , Zoning
Districts throughout the City. The workshop also focused on how
maximum FAR is achieved and on the issue of unit size as a bonus
factor. Hotels are main permitted uses in these districts.
At the June 21, 1994, workshop, the Planning Board reviewed a
proposed amendment to the Zoning Ordinance prepared by staff for
the Administration that set the maximum FAR for development within
the high intensity districts at 4.5. Upon further review and
discussion, the Board concluded that a further reduction of the
maximum permitted FAR was in order to address compatibility of new
development (including new hotel development) with the built
environment of the respective districts. The board members in
attendance informally concurred that a maximum FAR of 4 . 0 was more
appropriate within the City of Miami Beach. This was viewed as
being more in line with other communities in the county,
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145
particularly in comparison to the City of Coral Gables which has a
maximum FAR of 3 . 0 and to that of the City of Bal Harbour which has
a maximum FAR of 2 .8.
A new amendment to address the elimination of the hotel overlay
zone (Subsection 6-23) and the inclusion of a floor area ratio
bonus methodology for hotel units was proposed at this workshop.
The amendment was also to include unit size as a component in
achieving maximum FAR in the RM-1 and RM-2 districts. The
application to place this amendment on the Planning Board agenda
for the July 26, 1994, meeting was signed by the Chairperson, Ms.
Joy Alschuler, on June 23 , 1994.
The Planning Board voted 4-2 at its regular meeting on June 28,
1994 to recommend approval of its alternate FAR Ordinance
(Reduction to 4. 0 maximum FAR) .
The Administration subsequently concluded, based upon a
recommendation from the Planning Director, that a compromise
between the two alternate Ordinances would be appropriate. Taking
the Planning Board's alternate Ordinance, and adding an additional
category for large sites in the RM-3 and CD-3 districts, would be
such a compromise. Allowing a maximum FAR of 4 .5 on significantly
larger sites, over 100, 000 square feet or greater, makes sense in
that these larger sites can more readily accommodate higher density
and can have greater flexibility in how such density is to be
configured and massed on the property.
The Administration had requested that the Hotel Overlay
Clarification Ordinance (attached) go before the City Commission
simultaneously with the two alternate FAR Reduction Ordinances
because of their cumulative effect on all new residential
development.
The Planning Board held a public hearing on July 26, 1994, and
voted 4-1 to recommend approval of an alternate Hotel Overlay
Clarification Ordinance version with minor changes to the original
amending Ordinance (see attached Ordinance #1) .
The City Commission, on September 8, 1994, adopted on first
reading, the Administration's Corrected Version of the amending
ordinance (see attached Ordinance #2) .
ANALYSIS
The Planning Board's original version (Ordinance As Adopted By
Planning Board "1") removed references to bonuses for average unit
size in the RM-1 Districts (which do not allow Hotel Development)
and modified the calculation for bonuses based on average hotel
unit size. The Administration's version (Ordinance As Corrected By
Administration "2") represents a corrected version of the one
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146
recommended for approval by the Planning Board. The Ordinance
recommended by the Board ("1") includes a F.A.R. bonus schedule
mistakenly based on net average hotel unit size, even though the
Ordinance was modified to base the bonus on gross average square
footage of the hotel. The bonus scale numbers must be modified, as
indicated in the corrected Ordinance ("2") . If this correction
were not made, even a hotel with the minimum net unit size (335 sq.
ft. ) as required by the Zoning code could achieve a substantial
F.A.R. bonus, thereby defeating the purpose of the bonus system.
The Administration' s Ordinance ("2") is also corrected to clarify
three (3) other provisions: (1) - A methodology for calculating
mixed hotel/residential development unit size bonus has been
included for each district since this was removed from Subsection
6-23 , and, (2) - The language in Subsection 6-23 has been further
amended to clarify that it relates only to the Convention Hotels
proposed on Sites 1-A and 1-B in the City Center/Historic
Convention Village Redevelopment and Revitalization Area, and
finally, (3) - The language in Subsection 6-8B has been clarified
relative to F.A.R. for residential development, inclusive of
hotels, outside of the Architectural District and east of Collins
Avenue, inside of the Architectural District.
Section 1 of the amendment introduces a Floor Area Ratio Bonus
methodology in the RM-2 Residential Multi-Family, Medium Intensity
District which also includes an average hotel unit floor area
sliding bonus scale. It should be noted, that a project providing
the minimum average apartment unit floor area of 800 sq. ft. , will
not be able to reach maximum FAR for the site because the maximum
total bonus of 0.50 in additional floor area is achieved by a
Design Bonus of 0.25 and an Average Unit Size of 0.25, (based on a
1300 sq. ft. average unit size) . New development in the RM-2
District would not be able to attain the Maximum FAR for the site
unless the project proposed apartment units with an average floor
area of 1300 sq. ft. or hotel rooms with a gross average floor area
of 750 square feet. The old reference to Floor Area Ratio for
Hotel Development (Subsection 6-23) is deleted.
Section 2 also deletes the reference to Subsection 6-23 for the RM-
3 Residential Multi-Family, High Intensity District. A Gross
Average Hotel Unit Floor Area Bonus Scale is added to the Floor
Area Ratio Methodology that would permit an additional 0. 50 of
floor area to be added to base FAR for hotel development to reach
maximum FAR. The project would be required to provide a gross
average hotel unit floor area of 1, 000 sq. ft. , to reach maximum
FAR (including a maximum 0. 50 in Design Bonuses) .
This section deletes the reference to balconies being included in
the average floor area computations for units, but not in the Floor
Area Ratio calculation and clarifies the FAR calculation for mixed
Hotel/Residential Development.
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147
In Section 3 , the CD-2 Commercial, Medium Intensity District would
be amended to add a provision that clarifies residential
construction development guidelines. New residential construction,
including hotels, would conform to the RM-2 development regulations
as outlined in Section 2, above. The reference to the old
Subsection 6-23 (Floor Area Ratio for Hotel Development) is
deleted.
In Section 4 , the CD-3 Commercial, High Intensity District would be
amended to also clarify residential and hotel development within
this district. New residential construction, including hotels,
would conform to the RM-3 development regulations as outlined in
Section 3, above, except for Convention Hotel Development as set
forth in an amended Subsection 6-23 described under Section 7,
herein. The reference to Floor Area Ratio for Hotel Development
(Subsection 6-23) is again deleted from this category.
In Section 5, CCC Civic and Convention Center District, the
reference to Floor Area Ratio for Hotel Development (Subsection 6-
23) is deleted from this category. All construction within this
district, including hotels, would follow the existing FAR sliding
scale.
Section 6 of the proposed corrected amendment includes hotels,
except for Convention Hotel Development (C.H.D. ) , to have the same
FAR as other developments in the MXE Mixed Use Entertainment
District. There is special reference to Subsection 6-23 for the
Convention Hotel site on Collins Avenue between 15th and 16th
streets.
Section 7 amends Subsection 6-23 to apply only to Convention Hotel
Development on the proposed Site 1-A and 1-B as specified in the
City Center/Historic Convention Village Redevelopment and
Revitalization Plan. The FAR for sites in excess of 75, 000 sq. ft.
would remain at a base 4 . 25 FAR and a maximum of 6. 0 FAR. The
former references to mixed Hotel/residential Development FAR
calculations and air conditioning guidelines are removed.
The reduction in Floor Area Ratio and including unit sizes for FAR
bonuses, are important planning tools to help foster quality
development within the City. FAR's in the City's low, medium and
higher intensity districts which is more consistent with the built
environment would greatly assist in making new development
compatible and would also address important Comprehensive Plan
policies, as described below. Hotels should be built at the same
density as that which is permitted for other types of development.
The future study of the relationship between building heights,
pedestal heights and setbacks will also be required to ascertain
the overall effect of these factors on new development within the
City of Miami Beach and the need for Zoning Ordinance amendments to
address these areas of concern.
148
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REVIEW CRITERIA
In reviewing a request for an amendment of this type to the Zoning
Ordinance or a change in land use, the Planning Board and City
Commission should consider the following criteria:
1. Whether the proposed change is consistent and compatible with
the Comprehensive Plan and any applicable neighborhood or
Redevelopment Plans;
Consistent - The reduction of maximum FAR would result in a
significant reduction in potential densities
throughout the City. This reduction would
meet the criteria for public purpose basis as
contained in the 9J-5 legislation of the State
Statutes. The reduction of FAR and the
resulting potential reduction in population
densities, (includes transient) , is in
compliance with the Florida Department of
Community Affairs objective to foster improved
hurricane evacuation response times in high
hazard areas, especially on oceanfront
properties. The reduction in FAR and the
potential reduction of the number of new hotel
units that feasibly may be built within these
districts in the future also conforms to the
DCA objective to reduce the densities in high
hazard areas. (See Review criteria #3 below) .
The reduction in FAR is consistent with the
Future Land Use Map, (FLUM) , of the Miami
Beach Comprehensive Plan in that the proposed
FAR densities are no greater than those
indicated on said map.
The reduction in FAR is consistent with Policy
1.2 of the Future Land Use Element (FLUE) ,
which under the Density and Intensity
Implementation Criteria, in part, states, "The
City Commission shall adjust the special
standards from time to time as needed to
ensure that the net increase in the total
number of units permitted in this land use
category Citywide shall indeed not exceed
twenty percent (20%) of the maximum number
that would otherwise result from the by right
density limits of the category. "
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149
The reduction in FAR is consistent with Policy
1. 3 of the (FLUE) which states, "Land
development regulations shall continue to
address the location and extent of non-
residential land uses in accordance with the
Future Land Use Map and the policies and
descriptions of types, sizes and intensities
of land uses contained in this Element. "
The reduction in FAR is consistent with Policy
1.4 of the (FLUE) which identifies the need to
continue development regulations that address
buffering and open space requirements and
quality of design and aesthetics for new
development.
The amendment is also consistent with
Objective 4: Hurricane Evacuation of the
(FLUE) which requires the City of Miami Beach
to coordinate (i.e. , coastal area) population
densities, (including transient) , with the
Metropolitan Dade County Emergency Operations
Plan, which is the local hurricane evacuation
plan for Miami Beach, and the Lower Southeast
Florida Hurricane Evacuation Plan, which is
the regional evacuation plan for the City by
approving no Future Land Use map or zoning map
amendments that increase density.
Policy 4. 1 states, "Permitted City population
densities shall be reduced to better conform
with the 1991 Lower Southeast Florida
Hurricane Evacuation Study as revised by the
U.S. Army Corp of Engineers and the National
Hurricane Center, and,
Policy 4.2 states, "Permitted City population
densities shall be reduced to better conform
with the Metropolitan Dade County Office of
Emergency Management's 1991 Emergency
Operations Plan and the experience with
Hurricane Andrew" .
2 . Whether the proposed change would create an isolated district
unrelated to adjacent or nearby districts;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
3 . Whether the change suggested is out of scale with the needs of
the neighborhood or the City;
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1U
Consistent - The amendment is consistent with the City's
identified need (see the 1992 Community
Visions Goal, Objective and Policy Options
Report for further details) to reduce the
amount of future traffic, facilitate hurricane
evacuation, conform with the Rule 9J-5, FAC
hurricane hazard area mandates as presently
interpreted by the Florida DCA, encourage
residential reinvestment over a broad area,
and ensure development with increased access
to light, air and views.
The amendment will encourage new development
that is more in scale with the built
environment of the City's low, medium and high
intensity zoning districts.
4 . Whether the proposed change would tax the existing load on
public facilities and infrastructure;
Consistent - The LOS for public facilities and
infrastructure would not be negatively
affected by the change. The future potential
LOS should be improved based on the potential
decreased density (# of apartment and hotel
units) , of the new development that would
result from the reduced FAR's.
5. Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
Not Applicable - This review criteria is not applicable to
the Zoning Ordinance amendment.
6. Whether changed or changing conditions make the passage of the
proposed change necessary;
Consistent - This change will limit the density of new
development. Recent new developments which
have been approved for permit or which are now
under construction provide evidence that the
existing maximum FAR' s are too high in
allowing development which is completely out
of character with the surrounding
neighborhoods.
7. Whether the proposed change will adversely influence living
conditions in the neighborhood;
Consistent - The decreased density resulting from the new
development built under the proposed reduced
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YJI
new FAR regulations, (removal of the Hotel
Development overlay - Subsection 6-23) , would
have a far less effect on the surrounding
properties than the existing FAR regulations
that permit certain new construction with a
FAR maximum as high as 6. 0. Development that
is more consistent with existing neighborhood
character should help to maintain or improve
living conditions. The introduction of unit
size bonuses in the RM-1 and RM-2 districts
should also encourage larger apartment units.
8 . Whether the proposed change will create or excessively
increase traffic congestion beyond the Level Of Service as set
forth in the Comprehensive Plan or otherwise affect public
safety;
Consistent - The amendment would reduce any future
increased traffic in the event new hotel
construction is built within the affected
districts. The change would not increase
traffic congestion beyond the existing LOS
established for the City.
9 . Whether the proposed change will seriously reduce light and
air to adjacent properties;
Consistent - The current RM-2 , RM-3 and CD-3 designations
do not at the present time have a height
restriction. However, the reduction of FAR
would decrease the allowable floor area of
proposed new buildings which should lessen the
potential for future development to seriously
reduce light and air.
The amendment is consistent with Policy 1. 1 of
the (FLUE) which in part states the City will,
"Continue to administer land development
regulations (LDR) consistent with s. 163 . 3202,
F.S. that shall contain specific and detailed
provisions required to implement the adopted
Comprehensive Plan and which at a minimum: -
Regulate the use of land and water consistent
with this element and ensure the compatibility
of adjacent land uses and provide for open
space, etc. "
10. Whether the proposed change will adversely affect property
values in the adjacent area;
Consistent - The surrounding property values should not be
affected negatively by the reduction in FAR.
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1S2
Indeed, surrounding property values may be
improved with the knowledge that new
development will be more consistent with
existing development patterns.
11. Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations;
Consistent - The amendment removing the Hotel Development
overlay FAR scale and separately adding unit
size bonuses in the RM-1 and RM-2 districts
will not change the development regulations
for adjacent sites which must comply with
their own site specific development
regulations. Furthermore, the amendment to
the Zoning Ordinance should not affect the
ability for an adjacent property to be
developed in accordance with said regulations.
12 . Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning;
Consistent - The reduction of the FAR in a particular
district will not effect the use of the
property.
13 . Whether it is impossible to find other adequate Sites in the
City for the proposed Use in a district already permitting
such Use;
Not Applicable - This review criteria is not applicable to
the amendment of the Zoning Ordinance.
CONCLUSION
The Administration has concluded, based on the above, that the City
Commission should adopt on second reading the Administration's
Corrected Version ("2") of the amending Ordinance, with the
additional changed language under Sub-Section 6-4 B.2 (b) regarding
the calculation of average unit sizes. This changed language would
include that part of private unenclosed balconies which are now
included in the FAR in the computation of average unit sizes.
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