Ordinance 2020-4380 Modifications to FAR Exceptions
ORDINANCE NO. 2020-4380
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, AT SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 114, ENTITLED "GENERAL PROVISIONS," BY
AMENDING SECTION 114-1, ENTITLED "DEFINITIONS," TO
MODIFY THE DEFINITION OF "FLOOR AREA," BY AMENDING
THE LIST OF EXCEPTIONS FROM THE DEFINITION; AND
PROVIDING FOR CODIFICATION, REPEALER,SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, on January 15, 2020, the City Commission referred a discussion to the Land
Use and Sustainability Committee ("LUSC") regarding a strategic Citywide analysis of potential
increases in floor area ratio ("FAR"); and
WHEREAS, on May 6, 2020, the Administration presented the LUSC with a number of
possible strategic FAR incentives; and
WHEREAS, City Code Section 114-1 sets forth explicit definitions of the technical terms
"floor area"and"floor area ratio"("FAR"), and provides specific requirements for the measurement
and calculation of floor area; and
WHEREAS, Section 114-1 enumerates ten elements of a building that are excluded from
the definition of"floor area"; and
WHEREAS, following the discussion, the LUSC recommended that the City Commission
refer an Ordinance to the Planning Board to amend the list of exceptions from the definition of
"floor area," to include certain areas of a building that are required by the Land Development
Regulations, Florida Building Code, and the Life Safety Code; and
WHEREAS, specifically, the following areas of a building are proposed to be excluded
from the definition of"floor area":
• Stairwells and elevators located above the main roof deck,
• Electrical transformer vault rooms,
• Fire control rooms and related equipment for life-safety purposes, and
• Secured bicycle parking; and
WHEREAS, City Charter Section 1.03(c) provides that "[t]he floor area ratio of any
property or street end within the City of Miami Beach shall not be increased by zoning, transfer,
or any other means from its current zoned floor area ratio as it exists on the date of adoption of
this Charter Amendment[November 7, 2001], including any limitations on floor area ratios which
are in effect by virtue of development agreements through the full term of such agreements,
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unless any such increase in zoned floor area ratio for any such property shall first be approved
by a vote of the electors of the City of Miami Beach"; and
WHEREAS, pursuant to City Charter Section 1.03(c), the approval of the City's voters in
a Citywide referendum is required prior to any legislative action that would result in an increase
in floor area ratio; and
WHEREAS, this Ordinance would permit certain areas to be excluded from a building's
floor area calculations, and would therefore have the effect of increasing a property's floor area
ratio; and
WHEREAS, accordingly, the adoption of this Ordinance is subject to the approval of the
City's voters in a Citywide referendum; and
WHEREAS, currently, required vehicular parking is exempt from the calculation of a
building's floor area, and up to two vehicular parking spaces may be provided per apartment unit, •
without counting as floor area; and
WHEREAS, pursuant to the Land Development Regulations, in most districts in which
minimum parking requirements have been reduced, parking may still be provided, in most cases,
in accordance with the regulations for Parking District No. 1, which is generally subject to the
greatest parking requirements; and
WHEREAS, a typical parking space, including half of the abutting drive, occupies an area
of approximately 250 square feet, whereas the same area could easily accommodate more than
10 bicycles; and
WHEREAS, the area occupied by two typical stairwells and a typical elevator is
approximately 500 square feet per story of a building; and
WHEREAS, while many older buildings may have one stair to the roof, in order to add a
rooftop deck or pool, Florida Building Code and Life Safety Code requirements must be satisfied,
which generally require two stairs as well as an accessible means of vertical access (e.g., an
elevator); and
WHEREAS,therefore, excluding these areas from the calculation of a building's floor area
would be especially beneficial to existing buildings that are currently nonconforming as to FAR;
and
WHEREAS, such an exception would allow these non-conforming buildings to add
desirable roof-top amenities; and
WHEREAS, required electrical transformer vaults have, over time, become increasingly
larger, and often include additional infrastructure required by FPL to support utility service at
neighboring properties; and
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WHEREAS, incorporating these utility rooms within an enclosed building would be
preferable to any exterior pad-mounted option; and
WHEREAS, an exception to the definition of"floor area" for electrical transformer vault
rooms would be especially beneficial to existing buildings under renovation, which may need to
remove a hotel room or other space to accommodate the area required for the electrical
transformer vault; and
WHEREAS, fire control rooms and related public safety spaces, not accessible to the
general public, are important life-safety requirements for larger projects; however, buildings
constructed several decades ago were not subject to these requirements; and
WHEREAS, the amendments proposed herein are intended to (i)accommodate changes
in development due to evolving building and life-safety requirements, and (ii) incentivize the use
of alternative modes of transportation.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 114 of the City Code, entitled "General Provisions," is hereby amended as
follows:
Chapter 114—GENERAL PROVISIONS
Sec. 114-1. Definitions.
The following words,terms and phrases when used in this subpart B,shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
* *
Floor area means the sum of the gross horizontal areas of the floors of a building or buildings,
measured from the exterior faces of exterior walls or from the exterior face of an architectural projection,
from the centerline of walls separating two attached buildings.For the purpose of clarity,floor area includes,
but is not limited to,stairwells,stairways,covered steps, elevator shafts at every floor(including mezzanine
level elevator shafts), and mechanical chutes and chases at every floor(including mezzanine level).
For the avoidance of doubt,unless otherwise provided for in these land development regulations,floor
area excludes only the spaces expressly identified below:
(1) Accessory water tanks or cooling towers.
(2) Uncovered steps.
(3) Attic space, whether or not a floor actually has been laid, providing structural headroom of less
than seven feet six inches.
(4) Terraces, breezeways,or open porches.
(5) Floor space used for required accessory off-street parking spaces. However, up to a maximum
of two spaces per residential unit may be provided without being included in the calculation of the
floor area ratio.
(6) Commercial parking garages and noncommercial parking garages when such structures are the
main use on a site.
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(7) Mechanical equipment rooms located above main roof deck.
(8) Exterior unenclosed private balconies.
(9) Floor area located below grade when the top of the slab of the ceiling is located at or below grade.
However, if any portion of the top of the slab of the ceiling is above grade, the floor area that is
below grade shall be included in the floor area ratio calculation.Despite the foregoing,for existing
contributing structures that are located within a local historic district, national register historic
district, or local historic site, when the top of the slab of an existing ceiling of a partial basement
is located above grade, one-half of the floor area of the corresponding floor that is located below
grade shall be included in the floor area ratio calculation.
(10) Enclosed garbage rooms,enclosed within the building on the ground floor level.
(11) Stairwells and elevators located above the main roof deck.
(12) Electrical transformer vault rooms.
(13)Fire control rooms and related equipment for life-safety purposes.
(14)Secured bicycle parking.
Volumetric buildings, used for storage, where there are no interior floors, the floor area shall be
calculated as if there was a floor for every eight feet of height.
When transfer of development rights are involved,see chapter 118, article V for additional regulations
that address floor area.
Floor area ratio means the floor area of the building or buildings on any lot divided by the area of the
lot.
r
100%Coverage 50%Coverage 10%Coverage
Each example illustrated above has a floor area ratio of 1.0.
SECTION 2. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended;that the sections of this ordinance may be renumbered or relettered to accomplish such
intention; and that the word "ordinance" may be changed to "section"or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
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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 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 9 day of PQCQm.6Pr , 20 ao .
d12—zi-------
Dan Gelber
Mayor
ATTEST:
4 1 rql If etztLs
Rafae . Granada
City Clerk
APPROVED AS TO FORM AND
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RATED,'• I
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City Attorney \ Date
First Reading: July 29, 2020
Second Reading: December?,2020
I
Verified by: �I Ii
Thomas Mooney, Al 'P/
Planning Director
T:1Agenda12020\07 July\PlanninglModifications to FAR Exceptions-First Reading ORD.docx
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Ordinances - R5 A
MIAMI B
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: December 9, 2020
9:10 a.m. Second Reading Public Hearing
SUBJECT: MODIFICATIONS TO FAR EXEMPTIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, AT SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 114, ENTITLED "GENERAL
PROVISIONS,"AT SECTION 114-1, ENTITLED "DEFINITIONS," TO AMEND
THE DEFINITION OF FLOOR AREA BY AMENDING THE LIST OF AREAS
EXCLUDED FROM THE DEFINITION OF FLOOR AREA; 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 January 15, 2020, at the request of Mayor Dan Gelber, the City Commission referred a
discussion item to the Land Use and Sustainability Committee (LUSC) regarding strategic
increases in FAR citywide. The item was discussed briefly at the January 21, 2020 LUSC
meeting and continued to the February 18, 2020 meeting.
On February 18, 2020, the LUSC discussed the options provided and recommended
continuance of the discussion in order to further develop the following FAR options:
1. Resiliency bonuses
2. Workforce/Affordable housing
3. FAR bonus pool (monetary contribution for added FAR)
At the May 6, 2020 Land Use and Sustainability Committee meeting, the administration
presented a draft Public Benefits Ordinance, which included resiliency bonuses,
workforce/affordable housing bonuses, and a FAR bonus pool (monetary contribution).
Additionally, the administration presented the subject ordinance for new exclusions from the
calculation of floor area to address evolving City Code, Florida Building Code, and Life Safety
Code requirements.
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The LUSC discussed the proposal on May 6, 2020, via the zoom platform, and recommended
the following:
1. The City Commission refer the subject ordinance to the Planning Board.
2. The City Commission discuss a more comprehensive strategy for FAR increases city wide.
On May 13, 2020, at the request of Mayor Dan Gelber, the City Commission referred the
subject ordinance to the Planning Board (Items R9O and R9D). The City Commission also
referred a discussion regarding comprehensive changes to FAR to the Planning Board as a
discussion item and for an advisory recommendation.
ANALYSIS
BACKGROUND
The maximum square footage (intensity) of a building is regulated by the Floor Area Ratio
(FAR), which applies to all zoning districts except for single-family districts. FAR is a defined
term in Section 114-1 of the Land Development Regulations (LDRs) and is essentially a
multiplier used to regulate the maximum size of a building based on the lot size. For example, a
10,000 square foot lot with an FAR of 2.0 would be allowed to build up to a 20,000 square foot
building.
Floor area is also a defined term in Section 114-1 of the LDRs and provides the specific
requirements for the calculation of floor area. Under section 114-1, floor area consists of the
gross horizontal areas of the floors of a building, unless such areas are specifically exempted.
The only exceptions to the definition.of floor area are expressly listed in Section 114-1.
The purpose of the regulation of floor area, including FAR, both in the City of Miami Beach and
in other municipalities, is to provide a quantifiable mechanism to control both the size and
intensity, as well as the overall exterior mass, of a building. That is why floor area is measured to
the exterior face of exterior walls or from the exterior face of an architectural projection. Under
the Miami Beach City Code, it is from this total floor area volume that certain areas are
excluded.
The current requirements for FAR and floor area have been in place since 1989 (Ordinance 89-
2665), and the only amendments after 1989 have been to the exceptions from floor area.
PLANNING ANALYSIS
Any increase in FAR, either through a bonus/incentive provision, percent increase, or additional
exclusions, must be effectuated in a deliberate and thoughtful manner, and needs to be
supported by a thorough planning analysis. This will promote thoughtful development incentives,
prevent unintended consequences related to FAR increases, as well as ensure the continuation
of a predictable method of plan review.
The following is a summary of the draft ordinance for new exclusions from the calculation of
floor area to address evolving City Code, Florida Building Code, and Life Safety Code
requirements:
1. Bicycle Parking. Currently required automotive parking is exempt from inclusion as floor area,
and up to two vehicular parking spaces may be provided per apartment unit, without counting as
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floor area. Further, in most districts where the City has reduced the vehicular parking
requirements, parking may still be provided in most cases in accordance with Parking District
No. 1, which generally has the highest parking requirements. A typical parking space, including
half of the abutting drive occupies an area of approximately 250 square feet, whereas the same
area could easily accommodate more than 10 bicycles.
2. Stairwells and elevators above main roof decks. The area of two typical stairwells and a
typical elevator at one level is approximately 500 square feet. While such area is minimal, its
exception from inclusion as floor area would be especially beneficial to existing buildings that
are currently over their maximum FAR. While many older buildings may have one stair to the
roof, in order to add a rooftop deck or pool, building code and life-safety requirements must be
satisfied, which usually requires two stairs as well as an accessible means of vertical access (an
elevator). Such an exception would allow these non-conforming buildings to add desirable roof-
top amenities.
3. FPL Transformer vaults. These vault rooms, when required, have become increasingly larger,
and often include additional infrastructure required by FPL to also help serve neighboring
properties. Their location within an enclosed building is preferable to any exterior pad-mounted
option. The typical area occupied by such use is generally around 300-500 square feet
depending on the size of the project. Such exemption again would be especially helpful for
existing buildings undergoing renovations, which may need to remove a hotel room or other
space to accommodate for the required area for the FPL vault.
4. Fire control rooms and related public safety spaces, not accessible to the general public.
Such control rooms are important life-safety requirements for larger projects and were not
standard requirements decades ago. The typical area occupied by these rooms is 300-500
square feet.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in
zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City's voters is
required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be
increased by zoning, transfer, or any other means from its current zoned floor area ratio, unless
any such increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor
area, amendments to the exclusions of floor area and a direct increase in the FAR number. The
proposed ordinance required a ballot question as it would result in an increase in zoned FAR
"by zoning, transfer, or any other means" pursuant to City Charter Section 1.03(c).
PLANNING BOARD REVIEW
On June 24, 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.
UPDATE
On July 29, 2020, the City Commission approved the subject ordinance at first reading and
scheduled second reading for December 9, 2020, subject to voter approval of the proposed
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FAR increase. Additionally, the City Commission adopted Resolution No. 2020-31353 to place
a ballot question on the City's November 3, 2020 ballot.
Pursuant to Resolution No. 2020-31353, the following ballot question was submitted to the
City's voters:
Ordinance excluding certain areas of a building from calculation of"floor area."
"Floor area" is used by City to regulate the overall size of a building. Any increase to a
property's maximum floor area requires voter approval under City Charter Section 1.03(c).
Shall City adopt an ordinance excluding the following areas from the calculation of a
building's floor area:
• Secured bicycle parking spaces,
• Stairwells/elevators located above main roof decks,
• Electrical transformer vault rooms, and
• Fire control rooms/related life-safety equipment?
On November 3, 2020, the ballot question was approved by 61 percent of the City's voters.
Therefore, the subject ordinance can be considered for adoption by the City Commission.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a "Residents Right Does this item utilize G.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Mayor Dan Gelber
ATTACHMENTS:
Description
D Form Approved - ORD
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