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Ordinance 96-3048 ORDINANCE NO. 96-3048 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SUBSECTION 6-29, ENTITLED "TRANSFER OF DEVELOPMENT RIGHTS (UNUSED FLOOR AREA)" BY AMENDING THE INTENT SECTION BY REMOVING THE REQUIREMENT THAT PARCELS BE SEPARATED BY A STREET FOR ALLOWING TRANSFER OF DEVELOPMENT RIGHTS; BY AMENDING THE TRANSFER AND RECEIVING DISTRICTS SECTION TO PERMIT PROPERTY IN THE C-PS4 DISTRICT AS A TRANSFER PROPERTY; BY ADDING SECTION 6-29D ENTITLED "DEVELOPMENT AGREEMENTS AND/OR INTERLOCAL AGREEMENTS" TO ALLOW TRANSFER OF DEVELOPMENT RIGHTS, IF APPROVED AS A PART OF A DEVELOPMENT AGREEMENT, AS DEFINED IN THE ORDINANCE UNDER CERTAIN CIRCUMSTANCES AND BY PROVIDING CRITERIA FOR SUCH APPROVAL AND TO PERMIT PROPERTY IN THE CPS-4 DISTRICT AS A TRANSFER PROPERTY AND PROPERTY WITHIN A SPECIFIED AREA IN THE C-PS3 DISTRICTS TO BE DESIGNATED AS RECEIVING PROEPRTIES; BY AMENDING SUBSECTION 20-4 ENTITLED "PERFORMANCE STANDARD REGULATIONS" OF SECTION 20, ENTITLED "PS -PERFORMANCE STANDARD DISTRICT" BY CLARIFYING AND AMENDING THE SUPPLEMENTAL PARKING REGULATIONS TO PERMIT 4 PARKING SPACES PER 1000 SQUARE FEET OF COMMERCIAL SPACE FOR ALL C-PS3 OR C-PS4 PROPERTIES IN A SPECIFIED AREA; BY ADDING SECTION 20-4M ENTITLED "DEVELOPMENT REGULATIONS AFFECTING PROPERTIES WITH CHAPTER 163 DEVELOPMENT AGREEMENTS" TO PERMIT PROPERTY WITHIN A SPECIFIED AREA AND SUBJECT TO A DEVELOPMENT AGREEMENT AND/OR INTERLOCAL AGREEMENT TO HAVE DESIGN GUIDELINES AS PART OF THE AGREEMENT TAKE PRECEDENCE OVER THE PERFORMANCE STANDARDS AND OTHER REQUIREMENTS OF THE ZONING ORDINANCE FOR SUCH PROPERTIES WHEN CALCULATING, DETERMINING OR MEASURING THE FLOOR AREA AND FLOOR AREA RATIO; BY PROVIDING THAT THE MEASUREMENTS OF LOT AREA, SETBACKS OR ANY OTHER LAND USE AND/OR ZONING CRITERIA, SHALL INCLUDE AND CONSIDER ANY AND ALL LANDS ADJACENT OR CONTIGUOUS TO THE PROPERTY AS PROVIDED FOR IN THE CHAPTER 163 DEVELOPMENT AGREEMENT AND FURTHER, THAT SUCH REQUIREMENTS SHALL BE BASED UPON THE TOTAL OPEN SPACE, FLOOR AREA AND/OR OTHER LAND USE AND ZONING CRITERIA EVEN IF PORTIONS OF SUCH PARCELS ARE NOT UNDER COMMON OWNERSHIP, PROVIDED THAT THE TOTAL PERMISSIBLE OPEN SPACE, FLOOR AREA AND/OR OTHER LAND USE AND ZONING CRITERIA FOR SUCH PARCELS (IN THE AGGREGATE) ARE NOT EXCEEDED, AND SUCH PARCELS AS A WHOLE, SHALL BE TREATED AS A SINGLE BUILDING SITE FOR ZONING AND LAND USE PURPOSES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, The City of Miami Beach entered into an Agreement with the City of Miami Beach Redevelopment Agency and the Portofino Entities in order to resolve certain controversies and litigation involving certain property within the City; and WHEREAS,the proposed amendments are in furtherance of the terms of the Agreement; and WHEREAS, the amendments set forth below are 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: GTNPARIX114113103MM$ 1 V SECTION 1. That subsection 6-29, entitled "Transfer of Development Rights (Unused Floor Area)" 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: 6-29 TRANSFER OF DEVELOPMENT RIGHTS (UNUSED FLOOR AREA) A. Intent. These regulations are intended to provide for greater flexibility in the pattern of Development by allowing for the Transfer of Development Rights (Unused Floor Area) from one parcel to another --• .•. .., - .., . .-. . . • - . B. Transfer and Receiving Districts Except as provided in Section 6-29D hereof, Development Rights (Unused Floor Area) shall only be transferred from properties in designated transfer districts to properties in designated receiving districts. For purposes of this Section the R-PS1, R-PS2, C-PS4, GU and the MXE Mixed Use Entertainment Districts are designated as transfer districts and the CD-3 (when not located in the Architectural District), the C-PS2, and C-PS4 districts are designated as receiving districts; however, there shall be no Transfer of Development Rights (Unused Floor Area) from a GU District to any district other than the C-PS4 District. In a locally designated Historic District or Site, a historic structure (as listed in the Historic Property Database) that has received a Tax Credit or qualifies as a "certified rehabilitation" according to the U.S. Secretary of the Interior Standards, may transfer its development rights to a hotel development. However, such hotel development shall not be within the Architectural District but within a receiving district as listed in this paragraph and meet all of the requirements of this section. For the purposes of this section, a lot or portion thereof which is within or part of a locally designated district or historic site shall not be allowed to transferiits the development rights to another property unless it is developed as a parking lot or garage. Lots in a transfer district may be called Transfer Lots or Properties and Lots in a receiving district may be called Receiving Lots or Properties. C. Procedures Pertaining to the Transfer of Development Rights (Unused Floor Area) 1. Application. a. An Applicant for Transfer of Development Rights shall file an application with the Planning and Zoning Director who shall place the request on the agenda of the Planning Board after it is determined that the application is complete. Filing and processing procedures for placing the request on the agenda shall be pursuant to the Conditional Use procedures as listed in Section 17 of the Zoning Ordinance. b. The application shall include plans, construction schedule, status of financing and a general description of the manner in which the project shall be constructed. Plans shall include, but not be limited to, a Site Plan, elevations, landscaping as well as other items listed in Section 21 of this Ordinance. c. The application shall include substantiation of how the project complies with the criteria listed in Section 6-290. d. If Variances are required, the Transfer of Development Rights (Unused Floor Area) shall first be approved by the Planning Board and then the GTHPIADOIAI3164 M7111103 2 Board of Adjustment may consider requests for variances; however, it is not within the Board of Adjustment's jurisdiction to consider variances relating to the following development regulations: floor area, floor area ratio or those regulations listed in Section 6-29,C.3.b.d,e,f,g, or h of this Ordinance. Deviation from these development regulations are considered as an Amendment to the Zoning Ordinance and shall be considered pursuant to Section 14. e. All projects are required to be approved by the Design Review Board prior to consideration by the Planning Board or Board of Adjustment. 2. Evaluation Criteria - A request for a Transfer of Development Rights (Unused Floor Area) shall only be approved if the Planning Board finds that the application is consistent with the following Mandatory Criteria. a. The project is consistent with the Comprehensive Plan and will not reduce the levels of service set forth in the Plan. b. The project is consistent with the intent of these regulations as set forth in Section 6-290. c. The project provides adequate Off-Street Parking facilities, the enhancement or creation of view corridors either through the Building(s) or within open space that is in addition to the required setbacks. d. The transfer of Unused Floor Area is desirable for purposes of enhancing the overall Development; the creation of view corridors; improves the pedestrian environment,public right of way and publicly owned property. e. The Transfer of Development Rights (Unused Floor Area) accomplishes a public purpose that is consistent with the Comprehensive Plan. f. The proposed development shall be designed to produce an environment of desirable character and in harmony with the neighborhood. The provisions herein are intended to result in a superior quality of development and open space relationships with high standards for recreational and parking areas. g. A logical and superior pattern of development results through the Transfer of Development Rights (Unused Floor Area) rather than in projects that would occur if the property(s) were developed independently of one another. 3. Development Regulations a. The project shall be consistent with the development regulations as set forth in the Zoning Ordinance, unless the Board of Adjustment grants a variance(s) to said development regulations. (See Section 6-290 which lists what types of requests are not within the jurisdiction of the Board of Adjustment). b. The Maximum Floor Area for the entire project shall not exceed the combined Floor Area as determined by the underlying Zoning Districts of GTHPIW 107/1E03 3 each of the individual parcels that are shown on the site plan. The amount of Floor Area transferred shall be determined by the maximum permitted Floor Area allowed on the transferring Lot minus the provided Floor Area; but, excluding Floor Area in parking Garages and commercial uses if they are included in a parking Garage. c. If the developments contains a Building which is listed in the Miami beach Historic Property Data Base, then the maximum allowed Floor Area that may be transferred excludes the Floor Area in the existing Building if said Building is designated as a Local Historic Site and it is substantially rehabilitated in accordance with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings. A Building Permit and Certificate of Occupancy or Certificate of Completion for the rehabilitation shall be issued at the same time or before a Building Permit and Certificate of Occupancy or Certificate of Completion is issued for the structure on the Receiving Lot. d. A Receiving Property shall not exceed the maximum allowed Floor Area provisions on a Receiving Lot by more than 20%. The transferred Floor Area shall only be permitted after a Development has achieved the maximum permitted FAR allowed in the district through the design bonuses as listed in Section 6-24. Any Floor Area that is transferred to a Receiving Property and which is used as units shall meet or exceed the average Floor Area per unit size provided in the Building. e. No more than 25%of the required parking shall be placed in a building on a Lot that received the Transfer of Development Rights (Unused Floor Area). f. If a Garage is constructed on a Transfer Lot, it shall contain retail uses on the ground floor elevation that faces Collins Avenue, Alton Road or 5th Street. The development regulations pertaining to parking Lots and Garages are set forth in Section 6-25, B-14. g. All Lots contained on the site shall be within 400 ft. of each other. h. Minimum dimension of a Receiving Lot - 200 feet wide and 50,000 square feet of Lot Area. In a receiving district, the front setback for the Pedestal and the Tower shall be 50 feet. However, if the project contains retail uses on the ground floor facing the Street, the front setback for the Pedestal shall be 15 feet with a height restriction of 20 feet and the Tower front setback shall be 50 feet. j. Any project that is located in the Dune Overlay District shall, at the request of the City, continue, extend or connect to the City's Beachfront park and Promenade in accordance with the established guidelines. Projects adjacent to Biscayne Bay or Government Cut shall include a pedestrian walkway which may or may not be accessible to the general public; however, walkways on sites adjacent to the Miami Beach Marina shall be open to the general public. GT HM904431880.1107ll&96 4 k. Transfer Properties in different projects fronting on the same Street which have a parking garage that is 50% or more of the total Floor Area of the Building shall be no less than 400 feet from another Transfer Property that is similarly developed. 1. These regulations are only applicable when the Receiving Property contains new construction on the entire Lot or if the Receiving Property has a historic structure as a main permitted Building. m. The Planning Board may impose conditions on the project to insure that the project is compatible with the neighborhood, supports the intent of these regulations, does not reduce the levels of service as set forth in the Comprehensive Plan and mitigates any negative impacts that may result from the development of a project under these regulations. n. The Design Review Board may require a greater setback than that which is required in order to achieve a view corridor. 4. Recording of Documents - Within a reasonable time after the Planning Board's decision on the request to Transfer Development rights (Unused Floor Area), a Final Order shall be recorded by the Applicant in the Public Records of Dade County, against all of the properties in the Development. The Final Order shall be recorded against the transfer and Receiving Properties. The Final Order shall include the amount of Development Rights (Unused Floor Area) that was transferred and received for each property and the amount of required parking that shall always be made available to the receiving property and be in the form of an irrevocable covenant running with the land. Said Covenant shall be dissolved if the Floor Area that was built on the Receiving Property is completely removed. The Applicant shall agree to bind themselves, successors and all of the property in the Development with regard to conditions, if any, that are placed on the development. All documents that are required to be recorded in the Public Records of Dade County by these regulations shall first be approved by the City Attorney. 5. Changes in the Development The Final Order(s) and documents that are required to be recorded against the property(s) in the Public Records of Dade County shall not be changed unless such change is approved by those agencies and boards which were involved in the initial approval. D. Development Agreements and/or Interlocal Agreements Notwithstanding the terms and provisions of Section 6-29A.B. & C. hereof, transfers of development rights pursuant to a Development Agreement and/or Interlocal Agreement approved after October 1, 1995 in accordance with the terms of Section 9D-1 of the Code of the City of Miami Beach, Florida, Section 163.3220, Fla. Stat. and/or Section 163.01, Fla. Stat. (hereinafter a "Chapter 163 Development Agreement"), shall be approved by the City Commission either contemporaneously with the approval of the Chapter 163 Development Agreement or during a subsequent publicly noticed hearing as provided in this Section. An approval by the City Commission to transfer development rights as contemplated in the foregoing sentence shall not modify, limit or supersede approvals, reviews ST PIRDCW aiaeu.I ThtH 5 or recommendations required to be issued by any other Board or Committee with jurisdiction over the project, as more particularly provided in the Zoning Ordinance or the applicable Chapter 163 Development Agreement. An applicant for a transfer of development rights under a Chapter 163 Development Agreement shall file an application with the Planning & Zoning Director who shall place the request on the City Commission agenda after it is determined that the application is complete. The advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall be placed in a newspaper of general paid circulation in the City of Miami Beach and of general interest and readership in the City of Miami Beach, not one of limited subject matter, pursuant to Chapter 50 of the Florida Statutes, or as the same may be amended. Whenever possible, the advertisement shall be in a newspaper that is published at least five (5) days a week unless the only newspaper in the City of Miami Beach is published less than five (5)times a week. The notice shall be published at least ten (10) days prior to the commission meeting. Notwithstanding the provisions of Section 6-29C.1, any application hereunder need only include the Chapter 163 Development greement noted above and substantiation of how the proposed transfer complies with the criteria set forth below. The City Commission in considering any such application for the transfer of development rights pursuant to a Chapter 163 Development Agreement may grant its approval upon a determination that: a) the proposed transfer is consistent with the intent of these regulations as set forth in section 6-29.A; b) the proposed transfer is consistent with the terms and provisions of the Chapter 163 Development Agreement approved by the City Commission; and c) the applicant agrees to satisfy the City's offstreet parking requirements for the property in a manner consistent with the Chapter 163 Development Agreement. With respect to property subject to a Chapter 163 Development Agreement, in addition to the Transfer and Receiving Properties outlined in Section 6-29B above, the properties within the C-PS4 District shall also be permitted Transfer Properties, and properties within the C-PS3 District shall also be permitted Receiving Properties for those C-PS3 properties located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue, provided the Chapter 163 Development Agreement approves such a transfer. In addition,to the extent specifically approved in the Chapter 163 Development Agreement, transfer of development rights shall also be permitted from a GU District as a Transfer Property to a C-PS2 or C-PS3 district(which is subject to a Chapter 163 Development Agreement)as a Receiving Property. Sections 6-29C.la through 6-29C.4. shall not apply to proposed transfers which comply with this subsection. Within thirty (30) days after the City Commission approves a transfer of development rights, the applicant shall record the Final Order in the Public Records of Dade County, Florida, which shall be recorded against the Transfer and Receiving Properties. The Final Order shall comply with Section 6-29C4,except as provided herein, SECTION 2. That Subsection 20-4 entitled "Performance Standard Regulations" of Section 20, entitled "PS - Performance Standard District" of Zoning Ordinance 89-2665 of the City of Miami beach, Florida is hereby amended as follows: cnrrraOOMOISeo inrnass 6 20-4 PERFORMANCE REGULATIONS * * * L. Supplemental Parking Regulations: 1. All Districts All non-oceanfront and non-bayfront Residential development shall be encouraged to have parking with access to and from the Alley only and such parking shall be rendered not visible from the street by the building's front facade. However, on corner buildings,the side view may be obscured by a wall. 2. C-PS3 and C-PS4 District a. 1.25 parking spaces per Apartment Unit, 1 parking space per Hotel Unit, and 2.5 parking spaces per 1,000 square feet of commercial space, except as otherwise specifically provided in Section 2.b. below. Required parking for Hotel, Hotel Accessory Uses and club Uses may be satisfied through the provision of valet parking spaces. Twenty percent (20%) of required Apartment Unit parking 1 spaces may be satisfied through the provision of valet parking spaces. 20 b. 4 parking spaces per 1000 square feet of commercial space for all of the C-PS3 or C-PS4 properties of which any portion is located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue. 3. RM-PS 1 District 1.65 parking spaces per Apartment Unit, and one (1) parking space per 1,000 square feet of any non-residential use. Up to twelve percent (12%) of the total parking spaces created on the Premises may be for valet parking spaces. 120 M. Development Regulations for Specified Properties Subject to a Chapter 163 Development Agreement The following Development Regulations shall be applicable to all properties: (a) subject to a Chapter 163 Development Agreement, and (b) of which any portion is located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue: 1. The provisions of the Zoning Ordinance and the Code of the City of Miami Beach shall control with respect to all terms, provisions, matters and issues affected by the Chapter 163 Development Agreement,or any property affected thereby, except to the extent a term, provision, matter or issue is specifically addressed in the Chapter 163 Development Agreement (including any design guidelines incorporated therein), in which case the provisions of the Chapter 163 Development Agreement shall control. 2. Calculations, determinations and/or measurements of the floor area, floor area ratio, lot area, setbacks or any other land use and/or zoning criteria of this Zoning GrHPMpO,,3fBBOlo]ll&86 7 i7 Ordinance shall include and consider any and all lands adjacent or contiguous to the property as specifically provided in the Chapter 163 Development Agreement. 3. Calculations, determinations and/or measurements of the floor area, floor area ratio, lot area, setbacks or any other land use and/or zoning criteria of this Zoning Ordinance shall be based upon and not exceed that provided for in the Chapter 163 Development Agreement and shall be based upon the total open space, floor area and/or other land use and/or zoning criteria, even if portions of such parcels are not under common ownership, provided that the total permissible open space, floor area and/or other land use and zoning criteria for such parcels (in the . . .r- • .r• n• -x --.-' _ s _ h ., -1 . .h.l- .11 •. • single building site for zoning and land use purposes, as described in the Chapter 163 Development Agreement,despite such separate ownership. SECTION 3. 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 reletter to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid,the remainder shall not be affected by such invalidity. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 2_77 day of July , 1996. PASSED and ADOPTED this 17 day of July , 1996. 1 MAYOR ATTEST: irRp e CITY CLERK Underlined=new language Strikeout=deleted language 1st reading 6/19/96 2nd reading 7/17/96 MIAMI/PARDOA/431880/998 02!.DOC/7/18/96 FORM APPR©vVEL LE AL DEPT. �/ •% .� cTIN.D0waieao.inmaes B+ 1, I �.�• Date -- �� i` ��'�vg CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 COMMISSION MEMORANDUM NO. q LA L—i L TO: Mayor Seymour Gelber and Members of the City Commission DATE: July 17, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: Second R ading and Public Hearing-an Ordinance Amending Zoning Ordinance No. 89-2665 by Amending Subsection 6-29, Entitled "Transfer of Development Rights (Unused Floor Area)" by Amending the Intent Section by Removing the Requirement That Parcels Be Separated by a Street for Allowing Transfer of Development Rights; by Amending the Transfer and Receiving Districts Section to Permit Property in the C-PS4 District as a Transfer District; by Amending the Recording of Documents Section; by Adding Section 6-29D Entitled "Development Agreements And/Or Interlocal Agreements" to Allow Transfer of Development Rights, If Approved as a Part of a Development Agreement, as Defined in the Ordinance under Certain Circumstances and by Providing Criteria for Such Approval and to Permit Property in the CPS-4 District as a Transfer District and Property Within a Specified Area in the C-PS3 Districts to Be Designated as Receiving Districts by Amending Subsection 20-4 Entitled "Performance Standard Regulations" of Section 20, Entitled "PS - Performance Standard District" by Clarifying and Amending the Supplemental Parking Regulations to Permit 4 Parking Spaces per 1000 Square Feet of Commercial Space for All C-PS3 or C-PS4 Properties in a Specified Area; by Adding Section 20-4M Entitled "Development Regulations Affecting Properties with Chapter 163 Development Agreements" to Permit Property Within a Specified Area and Subject to a Development Agreement And/Or Interlocal Agreement to Have Design Guidelines as Part of the Agreement Take Precedence over the Performance Standards and Other Requirements of the Zoning Ordinance for Such Properties When Calculating the Floor Area and Floor Area Ratio; by Providing That the Measurements of Lot Area, Setbacks or Any Other Land Use And/Or Zoning Criteria,Shall Include and Consider Any and All Lands Adjacent or Contiguous to the Property as Provided for in the Development Agreement And/Or Interlocal Agreement and Further, That Such Requirements Shall Be Based upon the Total Open Space,Floor Area And/Or Other Land Use AGENDA ITEM ES DATE 7—/ 1—C1 �p 9 and Zoning Criteria Even If Portions of Such Parcels Are Not under Common Ownership,Provided That the Total Permissible Open Space, Floor Area And/Or Other Land Use and Zoning Criteria for Such Parcels (In the Aggregate) Are Not Exceeded, and Such Parcels as a Whole,Shall Be Treated as a Single Building Site for Zoning and Land Use Purposes; Providing for Inclusion in the Zoning Ordinance; Providing for Repealer, Severability and an Effective Date. RECOMMENDATION The Administration recommends that the City Commission adopt the proposed amendment, upon holding a second reading public hearing subject to the condition,and the proposed revision, set forth below. In order to fully and properly evaluate any transfer of development rights as contemplated in the Development Agreement with the Portofino entities, we believe the Master Plan now being prepared by the developer at the request of the Commission must first be finalized and found acceptable to guide the Portofino development in the affected areas. While the Portofino entities have made substantial progress in the preparation of the various components of said Master Plan, at the time of this meeting it was not complete,nor has it been thoroughly reviewed by staff in order to recommend its approval. In light of the above,the Administration recommends that the Commission request that the Portofino entities agree no application for a transfer of development rights will be filed, with the exception of the transfer of development rights to the 404 Washington Avenue property, until the Master Plan is completed and found acceptable in order to properly evaluate any forthcoming transfer request. This recommendation to approve is also based upon the Administration's suggestion to delete the following phrase from criteria(C) contained within the third paragraph of subsection D: " or comply or would comply with the offstreet parking regulations through participation in the parking impact fee program " This foregoing deletion will clarify an ambiguity regarding compliance with parking requirements as set forth in the Development Agreement with the Portofino entities. BACKGROUND The Portofino Entities (as applicant) is requesting amendments to Subsection 6-29 and 20-4 of Zoning Ordinance 89-2665 regarding the regulations for the Transfer of Development Rights and Development Regulations affecting properties subject to a Chapter 163 Development Agreement. The City of Miami Beach and the Miami Beach Redevelopment Agency have entered into an agreement with the Portofino Entities involving certain properties within the South Pointe Redevelopment Area. The proposed amendments are in furtherance of the terms and are necessary Page 2 of 7 to accomplish the objectives of said Agreement with the Portofino Entities. On May 28, 1996 the Planning Board held a public hearing and voted 7-0 in favor of recommending adoption of the amendment with the proviso that the amendment be changed to allow for the approval of a Transfer of Development Agreement be made by the City Commission (and Redevelopment Agency, when applicable) and not the Planning Board, as originally proposed. Further, the Board recommended that Section 9-D-1 of the City's General Code of Ordinances be amended by the Commission to require that the Planning Board, serving as the Local Planning Agency for the City, review and make recommendations to the Commission on all Chapter 163 Development Agreements,inclusive of any proposed Transfer of Development Rights which are part of said agreements. Based on the above, staff in consultation with the attorneys of Greenberg Traurig, who drafted said ordinance,along with John Dellagloria,Legal Counsel to the Miami Beach Redevelopment Agency and Diana Grub, First Assistant City Attorney revised the amending ordinance to address these concerns of the Planning Board as provided for,herein. ANALYSIS What follows is a section by section analysis of the proposed amending ordinance, as revised. Section 1. This section of the amending ordinance amends Subsection 6-29,entitled "Transfer of Development Rights (Unused Floor Area)" of Section 6, entitled "Schedule of District Regulations". The new language is summarized below, as follows: 1. The reference which permits the Transfer of Development Rights from one parcel to another when said parcels are separated by a street would be removed. Contiguous and non-contiguous properties could now transfer unused floor area. 2. The properties approved by a Chapter 163 Development Agreement, as described in the newly created Subsection 6-29D, herein, would be excluded from the Transfer of Development Rights Regulations to the extent provided for within said agreement. 3. The C-PS4 District would be designated as a transfer district (a district from which the unused floor area is taken). Currently, the C-PS4 District is only a receiving district. The amendment would allow the transfer between properties within the C- PS4 District. The properties along Alton Road adjacent to the Miami Beach Marina are currently the only designated C-PS4 Districts within the City. The amendment Page 3 of 7 would not change the underlying zoning classification of these properties. 4. Clarifies the reference to a lot,or portion thereof,which is within or part of a locally designated historic district or historic site would not be allowed to transfer its development rights to another property unless it is developed as a parking lot or garage. 5. Subsection 6-29(D) would be created entitled "Development Agreements and/or Interlocal Agreements" within Section 6-29 entitled "Transfer of Development Rights (Unused Floor Area)." The new language is summarized below as follows: a. Notwithstanding anything to the contrary contained in Section 6-29, any transfer of development rights approved by the City Commission after October 1, 1995 under and pursuant to the terms of a Development Agreement and/or an Interlocal Agreement entered into under and pursuant to Section 9D-1 of the Code of the City of Miami Beach, Florida, section 163.3220,Fla. Stat. and/or section 163.01,Fla. Stat. (hereinafter a "Chapter 163 Development Agreement"),would be approved by the City Commission either contemporaneously with the approval of the Chapter 163 Development Agreement or during a subsequent publicly noticed hearing as provided within this Section. This approval would not modify, limit or supersede approvals, review or recommendations required to be issued by any other Board or Committee in the Zoning Ordinance or the applicable Chapter 163 Development Agreement; b. Notice requirements and application procedures would be codified for a transfer of development rights subject to a Chapter 163 Development Agreement; c. The City Commission in considering any such application for the transfer of development rights pursuant to a Chapter 163 Development Agreement, could grant its approval upon a determination that: 1)The proposed transfer would be consistent with the intent of these regulations as set forth in Section 6-29.A; 2) The proposed transfer would be consistent with the terms and provisions of the Chapter 163 Development Agreement as approved by the City Commission; 3) The applicant would agree to satisfy the City's offstreet parking requirements for the property in a manner consistent with the Chapter 163 Development Agreement or comply or would comply with the Page 4 of 7 offstreet parking regulations through participation in the parking impact fee program, and; 4)For properties subject to a Chapter 163 Development Agreement, in addition to the transfer and receiving districts outlined in Section 6-29B above, the C-PS4 District would also be a permitted transfer district and the C-PS3 District would also be a permitted receiving district for those C-PS3 properties located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue, provided the Chapter 163 Development Agreement approves such a transfer. Transfer of development rights from a GU District to a C-PS2 District would also be permitted for properties approved by a Chapter 163 Development Agreement, provided the Chapter 163 Development Agreement approves such a transfer. This new language in number 4 above is making specific reference to properties owned by the Portofino Entities south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue. d. Sections 6-29C.1.a through 6-29C.4 would not apply to proposed transfers which comply with this subsection. Within 30 days after the City Commission approves a transfer of development rights, the applicant would record the Final Order in the Public Records of Dade County against both the receiving and transfer properties pursuant to Section 6-29c.4, herein. Section 2. This section of the amending ordinance amends Subsection 20-4 entitled "Performance Standard Regulations" of Section 20, entitled "PS - Performance Standard District". These are the development regulations for the South Pointe Redevelopment Area. The new language is summarized in the two paragraphs below,as follows: 1. The required 2.5 parking spaces would be increased to 4 parking spaces per 1000 square feet of commercial space for all of the C-PS3 or C-PS4 properties of which any portion is located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue. 2. Subsection 20-4(M) would be created entitled "Development Regulations for Specified Properties Subject to a Chapter 163 Development Agreement" within Section 20. The new language for this newly created subsection is summarized Page 5 of 7 below, as follows: The following Development Regulations shall be applicable for all properties subject to a Section 163 Development Agreement, as defined in Section 6-29D of this Ordinance, and any property of which any portion is located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue: a. Anything in conflict between the terms and provisions of this Zoning Ordinance and the terms and provisions of the Chapter 163 Development Agreement including any design guidelines incorporated therein,would follow the intent of the design guidelines and/or the Chapter 163 Development Agreement which would take precedence over the performance standards and other requirements of the current Zoning Ordinance; b. Calculations, determinations and/or measurements of the floor area, floor area ratio, lot area, setbacks or any other land use and/or zoning criteria of this Zoning Ordinance,would include and consider any and all lands adjacent or contiguous to the property as specifically provided for in the Chapter 163 Development Agreement; and, c. Calculations,Determinations and/or measurements of the floor area, floor area ratio,lot area, setbacks or any other land use and/or zoning criteria of this Zoning Ordinance would be based upon and not exceed that provided for in the Chapter 163 Development Agreement and said calculation, determination and/or measurement would be based upon the total open space, floor area and/or other land use and/or zoning criteria, even if portions of such parcels are not under common ownership, provided that the total permissible open space, floor area and/or other land use and zoning criteria for such parcels (in the aggregate) would not be exceeded, and such parcels, as a whole,would be treated as a single building site for zoning and land use purposes, as described in the Chapter 163 Development Agreement, despite such separate ownership. This new language again makes specific reference to properties owned by the Portofino Entities and how a Chapter 163 Development Agreement would take precedence over all applicable City development regulations as specified in the agreement, including design review guidelines, calculation,determination and/or measurement of the floor area, floor area ratio, lot area, setbacks or any other land use and/or zoning criteria including the performance standards (see pages 7 and Page 6 of 7 8 of the amendment). The last sections of the amendment provide for inclusion in the Zoning Ordinance, repealer, severability and an effective date. In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning Board is to consider 13 relevant review criteria for such changes. Since the amending ordinance would only change the text of the Zoning Ordinance and would not constitute a use change or a change in zoning district boundaries or classification, the review criteria has been determined not to be applicable to this amendment. However, if those properties located south of 2nd Street and west of Washington Avenue or west of the southern theoretical extension of Washington Avenue or any other properties contained within a Chapter 163 Development Agreement entail a use change or a change in zoning district boundaries or classification, the relevant review criteria would be applied in a future application. CONCLUSION Based on the foregoing,the Administration has concluded that the amending ordinance would enable the implementation of certain provisions of the Portofino Development Agreement, inclusive of establishing the mechanism by which future transfers of development rights may be requested by the Portofino entities.As such, we believe the City Commission should adopt on second reading the attached amending ordinance,with the revision to criteria(C)as referenced in the Recommendation of this memorandum. Notwithstanding this conclusion,the Administration also recommends the amendment be approved subject to an agreement by the Portofino entities that an application for transfer of development rights for properties affected by, and within the area of, the proposed Master Plan shall not be submitted,until said Master Plan has been found acceptable.Accordingly,an application for transfer of development rights for the 404 Washington Avenue property, which would not subject to the proposed Master Plan, could now be submitted and entertained. JGP\SR\DJG MHF:mhflf:\Plan\$A11\ccmemos\1262CM2.96 Page 7 of 7 • an a) N U I cd •rl• 0 c0 'Ci rl -1- ).4 JJ O O M a) b0 %.0 t~ O1 •H • ci) O 0 ,-7 Z N bO Q Z w a) •,-+ H CJ •LY Z •-I s~ }-.I co a1 oaz-i ani A 1:4 a) D, • O )4 .0 o• Ln C-) .o • 1 • 0,0 N • • I • •H 01 . 'b 00 • • (1) • • • O • < z • i