Ordinance 2020-4346 Washington Avenue Overlay— LDR Incentives Clarifications
ORDINANCE NO. 2020-4346
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF
THE CITY CODE, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-309,
ENTITLED "WASHINGTON AVENUE DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," TO CLARIFY THE
SETBACK REQUIREMENTS AND CO-LIVING/MICRO UNIT
DEVELOPMENT REGULATIONS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety, and general welfare of its citizens; and
WHEREAS, previously, pursuant to the input and recommendations of the Mayor's
Washington Avenue Blue Ribbon Task Force, the City adopted development regulations specific
to Washington Avenue; and
WHEREAS, recently, the City has reviewed the condition of properties located along
Washington Avenue, in light of concerns raised by local residents, property owners, and
businesses; and
WHEREAS, various constituents have expressed concerns regarding the deterioration of
the area; and
WHEREAS, residents, property owners, and businesses are concerned with the quality of
life and condition of the streets within the portions of the Flamingo Park Historic District and the
National Register Historic District along Washington Avenue; and
WHEREAS, the City studied various mechanisms for improving the quality of life and
quality of businesses within the area; and
WHEREAS, the City, with the input of residents, property owners, and businesses, has
determined that co-living and micro residential units would be a beneficial development incentive
for the Washington Avenue corridor, subject to certain specified restrictions and safeguards; and
WHEREAS, on October 16, 2019, the City Commission adopted Ordinance 2019-4312,
which, in pertinent part, established land development regulations for the development of co-living
and micro residential units; and
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WHEREAS, the amendments set forth below clarify the development regulations
applicable to co-living and micro units.
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 5, "CD-2 Commercial, Medium Intensity District," is hereby amended as follows:
CHAPTER 142—ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 5. — CD-2 COMMERCIAL MEDIUM INTENSITY DISTRICT
* * *
Sec. 142-309. Washington Avenue development regulations and area requirements.
* * *
(2) For lots that have a frontage that is equal to or less than 100 feet, the setbacks shall be
pursuant to section 142-307. For lots that have a frontage that is greater than 100 feet, the
setbacks shall be as follows:
* * *
c. Side, facing a street:
i. Subterranean: Zero (0)feet;
ii. Nonresidential uses: Zero (0)feet;
iii. Residential and hotel uses: Seven and one-half(7 1/2)feet
d. Side, interior:
i. Subterranean: Zero (0)feet;
ii. Nonresidential uses: Zero (0)feet;
iii. Residential and hotel uses: Seven and one-half (7 '/2) feet or eight percent of
lot width, whichever is greater, up to ten (10)feet. When abutting a nonresidential
or non-hotel use, the minimum interior side setback shall be seven and one-half(7
'/2)feet.
c. Sum of the side yards:
percent of the lot width, up to a total sum of the side yards of 20 feet.
ii. For lots that a have a platted frontage equal to or greater than 100 feet, but
Gess than 200 feet, and are eligible for a 75 foot height limit, the sum of the side
yards for floors with residential or hotel units shall be no less than 10 percent of
the lot width.
* * *
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(5) Co-living or micro residential units are permitted subject to the following regulations:
a. For co-living or micro residential units, the minimum unit size may be 275 square
feet, provided that a minimum of 20 percent of the gross floor area of the building
consists of amenity space on the same unified development site. Amenity space
includes the following types of uses: common area kitchens; club rooms;
business center; retail; screening rooms; fitness center; wellness center; spas;
gyms; pools; pool decks; roof decks, restaurant, bar or café above the ground
floor; and other similar uses whether operated by a condominium or cooperative
association or another operator. Fitness centers, wellness centers, spas, and
gyms located on the ground floor shall be open to the public. Restaurants, bars,
or cafes on the ground floor shall not count toward the amenity space
requirements set forth herein. These amenities may be combined with the
amenities for hotels units on the same unified development site, provided that
residents and hotel guests have access to such amenities.
b. Co living or micro residential units are permitted provided that: (1) Within the
same unified development site, office uses arc provided with a minimum of
10,000 square feet shall be provided.
c. (2) Each unit is shall be fully furnished and has shall have an individual
bathroom.
d. (3)All micro one-bedroom co-living units shall have a washer and dryer machine
located within the unit, and all co-living units with two or more bedrooms shall,
at a minimum, install a washer and dryer in the common area of the unit suites,
e. (4) Each co-living units may contain a maximum of six (6) bedrooms.
f. The Co-living units are may only be located on the west side of Washington
Avenue. In addition, the western lot line of the unified development site must
front on a street with an RM-1 or RO zoning designation.
g_ (-5) A maximum of fifty percent (50%) of the floor area within the unified
development site may consists of co-living or micro units.
h. (6)The owner must obtain a building permit for the co-living or micro residential
units within thirty two (32) months of the effective date of this Ordinance by
March 1, 2023.
i. (-7-) Formula commercial establishments and formula restaurants, as defined in
section 114-1, are prohibited on a unified development site with co-living or
micro units.
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L {8)The owner/operator shall submit a covenant running with the land, in a form
acceptable to the city attorney, agreeing that any owner/operator of co-living or
micro units within the unified development site shall be obligated to clean and
maintain (or arrange to have cleaned and maintained) each unit.
k. (-9-)The owner/operator shall submit a covenant running with the land, in a form
acceptable to the city attorney, agreeing that any owner/operator of co-living or
micro units within the unified development site shall be required to perform
background screening investigations of all tenants of co-living or micro units.
L (10)Any owner/operator of co-living or micro units must provide onsite security
guards 24 hours a day, 7 days a week.
m.{11) All exterior windows in any hotel, co-living, or micro units on the unified
development site shall contain double-pane glass.
(12) The tenants of co living and micro units shall not be permitted to sublc c
units.
n. {13) Ground floor uses fronting on Washington Avenue must shall be limited to
retail, restaurant, OF bar, or gym/fitness center. Residential uses fronting
Washington Avenue are shall be prohibited on the ground floor, other than
except for the lobby and any required vertical circulation.
-- - - - - - --- -- • • - - - :, :, - - - '• - -- Each
co-livinq unit must include a dining, kitchen, and living area, unless a dining,
kitchen, and living area is provided on the same floor.
{15) A rooftop loungo seating area, pool, and garden shall be provided within
the unified development site.
g {16) A wellness center shall be provided within a unified development site
building containing co-living or micro units, which wellness center shall have
both self-service and personal training offerings such as strength training, yoga,
stretching, recovery, mindfulness, cardiovascular equipment, and nutritional
planning.
No variances shall be permitted from the provisions of this subsection (5).
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
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SECTION 3. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as amended;
that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention;
and that the word "ordinance" may be changed to"section"or other appropriate word.
SECTION 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE,
•This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this d9 day of -J"ly , 2020.
,'32-711----. ,
Dan Gelber, Mayor
ATTEST:
7.a . .
2
Rafael E. Grana s o, City Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
, , - kL () . (— t,— 17- -i°
City Attorney OV„.. Date
First Reading: June 24, 2020 ''MC` , '' ,,
Second Reading: July 29, 2020 '�� (i` '.4%,
'sIfICORPiORATED §
Verified By: jit/ - %,,y4 :7Fi_,•..c,„./'-1
Thomas R. Mooney, AICP �in,ci=)•2o .,..
Planning Director
T:Wgenda\2020106 June 24\Planning\Washington Avenue Overlay Clarifications-First Reading ORD.docx
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Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29,2020
9:20 a.m. Second Reading Public Hearing
SUBJECT:WASHINGTON AVENUE OVERLAY-LDR INCENTIVES CLARIFICATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, .
ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2
COMMERCIAL, MEDIUM INTENSITY DISTRICT," BYAMENDING SECTION
142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT
REGULATIONS AND AREA REQUIREMENTS," TO CLARIFY THE
SETBACK REQUIREMENTS AND CO-LIVING/MICRO UNIT
DEVELOPMENT REGULATIONS; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On February 12, 2020, at the request of Commissioner Ricky Arcola, the City Commission
referred the item to the Land Use and Sustainability Committee (LUSC). On February 18, 2020
the Land Use and Sustainability Committee discussed the item and recommended that the City
Commission refer the attached ordinance to the Planning Board. On March 18, 2020 the City
Commission referred the item to the Planning Board (Item C4 U).
ANALYSIS
PLANNING ANALYSIS
On October 16, 2019, the City Commission adopted ordinance 2019-4312 which amended the
Washington Avenue Zoning incentives to authorize the development of co-living developments
on a limited section of the corridor. Subsequently, a development proposal was presented to the
Historic Preservation Board.A review of this HPB application noted that some of the regulations
were inconsistent with other recent changes in the CD-2 district, as well as internally
inconsistent.
The attached LDR amendment was prepared by representatives of a proposed co-living
Page 448 of 2461
development along Washington Avenue. The following is a summary of the proposed
modifications to the Washington Avenue Overlay,which are proposed for clarity and consistency
purposes:
Interior Setbacks:
Previously, the CD-2 regulations contained a special provision for buildings with mixed uses and
when more than 25% of the floor area of buildings contained residential or hotel, the RM-1, 2, 3
setbacks controlled. The RM-1, 2, 3 setbacks regulations were recently amended to address
this by removing the sum of the side yard requirements. However, the Washington Avenue
Overlay development regulations were not similarly amended.
The proposal herein would eliminate the requirement for sum of the side yard setbacks within
the Washington Avenue Overlay, in order to be consistent with the previously amended R M-1,2,
3 setbacks. This modification would allow developments within the Washington Avenue Overlay
that have frontages greater than 100 feet to provide the same setbacks as all other commercial
districts.
Co-Living Project Requirements:
• For consistency within the text, all amenity space requirements can be provided within a unified
development site, as opposed to a building.
•A one-bedroom co-living unit must provide a washer and dryer within the unit, and co-living units
with multiple bedrooms must provide a washer and dryer within the common space of the unit.
• Co-living units will not contain more than six(6) bedrooms.
• Gyms and fitness centers are permitted to be located on the ground floor fronting Washington
Avenue for easy pedestrian access.
• If a co-living unit does not provide dining, kitchen, and living area within the unit,then it must be
provided on the same floor. This reinforces that the co-living residential model is intended for
collaborative living spaces.
The currently proposed co-living development has had difficulty complying with the regulations
as approved in the adopting ordinance. The proposed amendment will provide for clearer
standards and facilitate the development of any proposed co-living developments.This will
further the revitalization of Washington Avenue which has been occurring since the original
zoning incentives were adopted in 2016.
Finally, at the recommendation of the City Attorney, the following provision has been stricken
from the ordinance: "The tenants of co-living and micro units shall not be permitted to sublease
units."
PLANNING BOARD REVIEW
On May 19, 2020, the Planning Board held a public hearing and transmitted the ordinance to the
City Commission with a favorable recommendation by a vote of 7-0 with no changes.
UPDATE
The subject ordinance was approved at first reading on June 24, 2020, with no changes.
Page 449 of 2461
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.Q.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o ORDINANCE - Form Approved
Page 450 of 2461