Ordinance 2018-4190NORTH BEACH TOWN CENTER FAR INCREASE
LAND DEVELOPMENT REGULATIONS
ORDINANCE NO. 2018 -4190
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 20, "TC NORTH BEACH TOWN CENTER
DISTRICTS," AT SECTION 142 -737, TO INCREASE THE MAXIMUM
FLOOR AREA RATIO (FAR) FOR THE PROPERTIES BOUNDED BY
69TH STREET ON THE SOUTH, COLLINS AVENUE ON THE EAST, 72ND
STREET ON THE NORTH AND INDIAN CREEK DRIVE /DICKENS
AVENUE ON THE WEST, TO AN FAR OF 3.5 FROM THE CURRENT
FAR OF 2.25 TO 2.75 FOR TC -1 DISTRICT, FROM 2.0 FOR THE TC -2
DISTRICT, AND FROM 1.25 FOR THE TC -3 DISTRICT, AS REQUIRED
BY THE REFERRENDUM APPROVED BY THE CITY'S VOTERS ON
NOVEMBER 7, 2017; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, in September 2015, at the recommendation of the Mayor's Blue Ribbon
Panel on North Beach and after an appropriate Request for Qualifications had been issued, the
City Commission entered into an agreement with Dover, Kohl and Partners, Inc. to prepare a
master plan for the North Beach district of the City; and
WHEREAS, on October 19, 2016, and pursuant to City Resolution No. 2016- 29608, the
Mayor and City Commission adopted the North Beach Master Plan developed by Dover, Kohl
and Partners Inc. after significant public input; and
WHEREAS, the North Beach Master Plan identifies the Town Center area as being in
need of redevelopment and revitalization; and
WHEREAS, the North Beach Master Plan recommended increasing the FAR to 3.5 for
the Town Center zoning districts (TC -1, TC -2, and TC -3) within the Town Center district areas;
and
WHEREAS, the goal of the recommendation is to enable the design and construction of
larger buildings within the Town Center, and to encourage the development of 71St Street as a
"main street" for the North Beach area; and
WHEREAS, City Charter Section 1.03(c), requires that any increase in zoned FAR for
any property in the City must be approved by a majority vote of the electors of the City of Miami
Beach; and
WHEREAS, on November 7, 2017, and pursuant to Resolution No. 2016- 29608, the
following ballot question was submitted to the City's voters:
FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR —
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size
of a building. Should the City adopt an ordinance increasing FAR in the Town
Center (TC) zoning districts (Collins and Dickens Avenues to Indian Creek Drive
between 69 and 72 Streets) to 3.5 FAR from current FAR of 2.25 to 2.75 for the
TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the TC -3 district;
and
WHEREAS, the ballot question was approved by 58.64 percent of the City's voters; and
WHEREAS, the City of Miami Beach has the authority to enact laws which promote the
public health, safety, and general welfare of its citizens; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives and consistent with the vote of the electorate.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations,"
Division 20, "TC North Beach Town Center Districts," at Section 142 -737 is hereby amended as
follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II
ZONING DISTRICTS AND REGULATIONS
DIVISION 20
TC NORTH BEACH TOWN CENTER DISTRICTS
Sec. 142 -737. - Development regulations.
(a) The development regulations in the TC -1, TC -2 and TC -3 town center districts are as
follows:
District
TC -1 Town
Center Core
Maximum Floor Area Ratio
(FAR)
For properties bounded by 69th Street
on the south, Collins Avenue on the
east, 72nd Street on the north and
Indian Creek Drive /Dickens Avenue on
the west, the maximum FAR shall be
3.5. For all other properties, the
following shall apply: For lots equal to
or less than 45,000 sq. ft. -2.25
For lots greater than 45,000 sq. ft.—
Maximum Building Height
125 feet. Buildings fronting on 71st
Street shall by subject to the
additional setbacks as follows:
stories 1 -4 shall be setback 10
feet and above the forth story the
building shall be setback 25 feet.
Maximum
Number of
Stories
12 stories.
TC -2 Town
Center
Mixed -use
TC -3 Town
Center
Residential
Office
2.75
For properties bounded by 69"' Street
on the south, Collins Avenue on the
east, 72nd Street on the north and
Indian Creek Drive /Dickens Avenue on
the west, the maximum FAR shall be
3.5. For all other properties, the
maximum FAR shall be 1.5; except for
mixed -use buildings where more than
25 percent of the total area of a building
is used for residential or hotel units, the
maximum FAR shall be 2,0.
For properties bounded by 69th Street
on the south, Collins Avenue on the
east, 72nd Street on the north and
Indian Creek Drive /Dickens Avenue on
the west, the maximum FAR shall be
3.5. For all other properties, the
maximum FAR shall be 1.25
50 feet 1 5 stories
45 feet
Waterfront lots -50 feet
Parking garages as a main use —
See subsection 130- 68(9).
The facade of buildings facing the
lot front adjacent to streets shall not
exceed 23 feet in height to the top
of the roof deck. Any portion of the
building above 23 feet shall be set
back an additional 1 foot for every 1
foot in height above 23 feet. The
rear facade of buildings shall be set
back an additional 1 foot for every 1
foot in height above 33 feet.
4 stories
Waterfront
lots -5
stories
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re- lettered to accomplish such intention, and, the word "ordinance" may be changed to "section ",
"article ", or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this `& day of
ATTEST:
Rafael
Ar
City anado Cit CI�rk
First Reading: March 7, 2018
Second Reading: May 16, 2018
(Sponsor: Commis ner John Eliza
Verified By:
, 2018.
Dan Gelber, Mayo
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Thomas R. Mooney, AICP
Planning Director
Date
MIAMI BEACH
Ordinances - R5 B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
10:05 a.m. Second Reading Public Hearing
SUBJECT: NORTH BEACH TOWN CENTER FAR INCREASE LAND DEVELOPMENT
REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," DIVISION 20, "TC
NORTH BEACH TOWN CENTER DISTRICTS," AT SECTION 142 -737, TO
INCREASE THE MAXIMUM FLOOR AREA RATIO (FAR) FOR THE PROPERTIES
BOUNDED BY 69TH STREET ON THE SOUTH, COLLINS AVENUE ON THE
EAST, 72ND STREET ON THE NORTH AND INDIAN CREEK DRIVE /DICKENS
AVENUE ON THE WEST, TO AN FAR OF 3.5 FROM THE CURRENT FAR OF 2.25
TO 2.75 FOR TC -1 DISTRICT, FROM 2.0 FOR THE TC -2 DISTRICT, AND FROM
1.25 FOR THE TC -3 DISTRICT, AS REQUIRED BY THE REFERENDUM
APPROVED BY THE CITY'S VOTERS ON NOVEMBER 7, 2017; PROVIDING FOR
CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance and amend the Land
Development Regulations of the City Code to incorporate the elector approved referendum regarding
the increase in Floor Area Ratio (FAR) for Town Center.
ANALYSIS
HISTORY
On September 2015, at the recommendation of the Mayor's Blue Ribbon Panel on North Beach and
after an appropriate Request for Qualifications had been issued, the City Commission entered into an
agreement with Dover, Kohl and Partners, Inc. to prepare a master plan for the North Beach district
of the City.
On October 19, 2016 and pursuant to City Resolution No. 2016 - 29608, the Mayor and City
Commission adopted the North Beach Master Plan developed by Dover, Kohl and Partners Inc. The
North Beach Master Plan recommended increasing the FAR to 3.5 for the Town Center zoning
districts (TC -1, TC -2, and TC -3).
Pursuant to Resolution No. 2016- 29608, the following ballot question was submitted to the City's
voters:
FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR
Page 1045 of 1842
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building.
Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts
(Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from
current FAR of 2.25 to 2.75 for the TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the
TC -3 district ?.
On November 7, 2017, the ballot question was approved by 58.64 percent of the City's voters.
On January 17, 2018, at the request of Vice -Mayor John Aleman, the City Commission referred the
proposed ordinances to the Planning Board (Item C4 F).
PLANNING ANALYSIS
While much of the City of Miami Beach has experienced redevelopment and revitalization, the North
Beach area has seen little investment over the last several decades. In order to encourage the
revitalization of the North Beach area, the City Commission hired Dover, Kohl, and Partners, Inc. to
prepare a master plan for the North Beach area. Based on significant public input, the Master Plan
identified the North Beach Town Center area as being in need of redevelopment and revitalization.
Additionally, it's well buffered location from lower scale neighborhoods to the north and proximity to
high density areas to the east make the area able to accommodate higher intensity development.
As a result of this, the North Beach Master Plan recommended increasing the FAR to 3.5 for the
Town Center zoning districts (TC -1, TC -2, and TC -3). The goal of the recommendation is to enable
the design and construction of larger buildings within the Town Center, and to encourage the
development of 71st Street as a "main street" for the North Beach area. It is the expectation that the
higher FAR will allow for development that will create a critical mass of people, enabling a mix of
residential and commercial uses that better service the North Beach community as a whole.
The amendment to the Land Development Regulations modifies Section 142 -737 which establishes
development regulations for the TC districts. The ordinance proposes the following modification for
all of the TC districts located within the boundaries identified in the referendum as follows:
For the area of the town center district bounded by 69th Street on the south, Collins Avenue on the
east, 72nd Street on the north and Indian Creek Drive /Dickens Avenue on the west, the maximum
FAR shall be 3.5.
It is anticipated that the proposed increase in FAR will incentivize appropriate and pedestrian oriented
new development in the North Beach Town Center area. As shown on the Unified Land Ownership
map attached, significant properties have already been consolidated, making it likely that new
development will follow upon adoption of the new FAR. It is expected that new development will be of
a mixed -use nature that will allow for increased pedestrian activity in the area and the ability for
residents to live, play, and work in the same area.
Additionally, On December 13, 2017, at the request of Commissioner Ricky Arriola, a related
discussion pertaining to the FAR increase for the Town Center district was referred to the Land Use
and Development Committee (LUDC). The referral is to develop a comprehensive planning strategy
for the Town Center area approved for an FAR increase. A separate overlay ordinance to implement
this strategy is currently being discussed by the LUDC. This overlay will provide more up to date
regulations for the area and create a better framework for properties to utilize the increased FAR.
City Charter Issues
The request for increasing the FAR for the North Beach Town Center Area is affected by the
following City Charter provision: Sections 1.03 (c), which partially states:
Page 1046 of 1842
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 proposed ordinance would increase the zoned floor area ratio to 3.5 for all areas in the district
and as a result required a general referendum. The following question was submitted to the electors
of the City of Miami Beach:
FAR Increase For TC -1, TC -2 and TC -3 to 3.5 FAR
Floor area ratio (FAR) is the measure the City utilizes to regulate the overall size of a building.
Should the City adopt an ordinance increasing FAR in the Town Center (TC) zoning districts
(Collins and Dickens Avenues to Indian Creek Drive between 69 and 72 Streets) to 3.5 FAR from
current FAR of 2.25 to 2.75 for the TC -1 district; from 2.0 for the TC -2 district; and from 1.25 for the
TC -3 district?
On November 7, 2017, the referendum was approved by 58.64 percent of the voters. Therefore the
ordinance can be considered for adoption by the City Commission.
PLANNING BOARD REVIEW
On February 27, 2018 the Planning Board reviewed and transmitted the proposed Ordinance
Amendment to the City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved at First Reading on March 7, 2018, with no changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance and amend the Land
Development Regulations of the City Code to incorporate the elector approved referendum regarding
the increase in Floor Area Ratio (FAR) for Town Center.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman
ATTACHMENTS:
Description
o Overlay Map
• Property Ownership Map
o Aerial Map
a Form Approved ORDINANCE - TC FAR LDR
Page 1047 of 1842
Page 1048 of 1842
Exhibit A
North Beach Town Center
Revitalization Overlay
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Location:
The properties bounded by 72nd Street to the north,
Collins Avenue to the east, 69th Street to the south,
and Dickens Avenue /Indian Creek Drive to the west.
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Page 1049 of 1842
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