Ordinance 2021-4407 Faena District Overlay—Revised Building Height Limit
ORDINANCE NO. 2021-4407
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS,"
AMENDING DIVISION 10, ENTITLED "FAENA DISTRICT OVERLAY,"
SECTION 142-869, ENTITLED "COMPLIANCE WITH REGULATIONS," TO
AMEND THE MAXIMUM ALLOWABLE HEIGHT FOR RM-3 OCEANFRONT
LOTS GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO
CONTAIN A CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach("City")desires to encourage private property owners
to redevelop and manage properties under common ownership comprehensively rather than in a
piecemeal manner; and
WHEREAS, the City seeks to encourage and incentivize new development and the
preservation and restoration of structures located within the Collins Avenue corridor; and
WHEREAS, contributing historic structures located within the Collins Avenue corridor pre-
date the City's land development regulations and therefore do not meet the zoning standards and
are frequently permitted as legal nonconforming structures; and
WHEREAS, the preservation and restoration of the City's historic buildings and character
is a priority for the City Commission and the citizens of Miami Beach;and
WHEREAS, development incentives for additions and/or new buildings can incentivize the
preservation and restoration of historic structures on the same property; and
WHEREAS, the amendment set forth below is 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:
SECTION 1. Chapter 142, entitled "Zoning Districts and Regulations," Article Ill, entitled
"Overlay Districts," Division 10, entitled "Faena District Overlay," is hereby amended as follows:
DIVISION 10. FAENA DISTRICT OVERLAY
* * *
Sec. 142-867. Location and purpose.
The overlay regulations of thisdivision shall apply to the properties identified in the Overlay Map
below:
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f al LyingEast.ofCo�insAvenue.
between°32nd,SVeetand 35th Street
(excludingtheproperty presently.zoned GU).. .3.'Srr /
b) L'ging.West of'ColtnsAvenue between ,3C ..----/
/ 33rd.Street and 35th Street(excluding;
f Lots:14-17,Block 22ofthe-OceanFront
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c)Lying:at ttie Northwest corner:of Collinsw E
AVenue and 35th Street`(Lots 10'11 and 15, ".,'1)y sr
Block 24,ofthe Ocean Front Properly of the �,1
Miami Beach Irnprovement Co.Subdyision). / S
-----4. / / / /
The purpose of this overlay district is to allow limited flexibility of uses, limited increases in heights,
and limited flexibility in setbacks because of the common ownership and operation of the
properties within the overlay district and the value of preserving historic buildings within the
overlay district.
* * *
Sec. 142-869. Compliance with regulations.
The following overlay regulations shall apply to the Faena District Overlay. All development
regulations in the underlying district regulations shall apply, except as follows:
* * *
(g) Within areas that have an underlying zoning designation of RM-3, lots which are
oceanfront lots with a lot area greater than 70,000 sq. ft. that also contain a contributing historic
structure shall have a maximum height of 250 221 feet.
i. Any building with a height exceeding 203 feet shall have a front setback of 75 feet as
measured to the closest face of a balcony.
* * *
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 i day of Apri , 2021.
;= q °•; Dan Gelber, Mayor
%MCORP ORATED.
ATTEST: ':,, •.• , <, `'_'APPROVED AS TO FORM AND
q?k' Lo _ LANGUAGE AND FOR EXECUTION
Rafael E. Granado, ity Clerk 3 Z- 1
City Attorney Qtr._ Date
First Reading: March 17, 2021 Iv
Second Reading: Aid! 21, 20
Verified by: _
Thom s Mooneji(.
AICP ning Director
T:Wgenda\2021\5_March 17\Planning\Faena District Overlay Revised Height Amendment-First Reading ORD.docx
Ordinances -R5 C
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, Interim City Manager
•
DATE: April 21, 2021
10:20 a.m. Second Reading Public Hearing
SUBJECT: FAENA DISTRICT OVERLAY- REVISED BUILDING HEIGHT LIMIT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS,"
AMENDING DIVISION 10, ENTITLED "FAENA DISTRICT OVERLAY,"
SECTION 142-869, ENTITLED "COMPLIANCE WITH REGULATIONS," TO
AMEND THE MAXIMUM ALLOWABLE HEIGHT FOR RM-3 OCEANFRONT
LOTS GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO
CONTAIN A CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND/HISTORY
HISTORY
On January 13, 2021, at the request of Commissioner Ricky Arriola, the City Commission
referred the subject Ordinance to the Planning Board (item C4 B).
BACKGROUND
On December 17, 2014, the City Commission adopted ordinance 2014-3913 establishing the
Faena Overlay District. The district includes the properties owned and operated by the FAENA
Group and is generally located along Collins Avenue between 32nd and 36th Streets. The
parcels west of Collins Avenue are in the more restrictive RM-2 zoning district and the adopted
overlay district modified some of the permitted uses in the RM-2 district as follows:
• Allowed for ballroom and assembly space (west of Collins and south of 34th Street) to be a
main permitted use and not classified as a neighborhood impact establishment, within the
confines of the overlay district. Typical uses would include art exhibits, conferences and other
similar activities.
• Allowed commercial uses to be a main permitted use within existing contributing structures on
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the west side of Collins Avenue.
The adopted overlay also encouraged and allowed for non-standard paving designs for the
sidewalks and those portions of 34th Street between the Arts Center and Atlantic Beach Hotel.
On November 14, 2014, the Historic Preservation Board approved a Certificate of
Appropriateness for 3425 Collins Avenue (The Versailles Hotel — HPB File No. 7490). This
project was comprised of the partial demolition, renovation and restoration of the existing 16-
story Versailles hotel building, the total demolition of the 1955 south addition, and the
construction of a new 16-story detached ground level addition, as part of a new residential
development. On December 5, 2014, the Board of Adjustment approved a total of eleven (11)
variances related to the proposed new construction located on the site of the Versailles Hotel
building.
On March 8, 2016, the Historic Preservation Board approved modifications to the design and
site plan, including additional variances (HPB File No. 7603). Although the renovation and
addition to the Versailles Hotel was initially approved about the same time that the Faena
Overlay District was created, permits for the restoration and new construction have not been
issued and little activity has taken place on the site since the 1955 south addition was
demolished. With the application of numerous state extensions, the current approvals remain
active.
On April 22, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred
an ordinance to amend the Faena District Overlay Regulations to modify height limits for
oceanfront lots greater than 70,000 SF with a contributing structure from 200 feet to 250 feet to
the Land Use and Sustainability Committee and the Planning Board (Item C4 D).
On May 26, 2020, the Land Use and Sustainability Committee (LUSC) reviewed the ordinance
and provided a favorable recommendation.At the request of Faena representatives, the LUSC
discussion was also continued to the June 30, 2020 meeting in order for a detailed presentation
to be provided to the committee. On June 30, 2020 the item was deferred to the July 21, 2020
LUSC meeting. On July 21, 2020 the LUSC reaffirmed their favorable recommendation.
On July 27, 2020 the Ordinance was discussed by the Planning Board and continued to a date
certain of August 25, 2020. On August 25, 2020 the Planning Board held a public hearing and
transmitted the ordinance to the City Commission with a favorable recommendation by a vote of
5-2. The Planning Board also recommended the following changes, which were incorporated
into the draft ordinance for first reading:
1. Consolidate the various side yard setback requirements for subterranean, pedestal and tower
from the previously proposed range of(zero (0')feet to 2'-10")?to zero (0')for all such setbacks
as noted in the following condition, which includes a new view corridor requirement to be
reviewed by the Historic Preservation Board:
"The subterranean, pedestal, and tower interior side setbacks shall be zero (0') feet for
properties abutting a GU zoned parcel, and which also provide a view corridor between an
existing contributing building and the construction of a detached ground level addition, subject to
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the review and approval of the historic preservation board, in accordance with the certificate of
appropriateness review criteria."
2. Clarify that the porte-cochere exceptions from city code section 142-1132 only applied to the
recreation/renovation of an original porte-cochere to a contributing building as follows:
"The maximum permitted width of a porte-cochere for a contributing building may exceed the
requirements of allowable encroachments as outlined in the city code section 142-1132, not to
exceed the width of an original porte-cochere. The maximum permitted height of such porte-
cochere shall be 19'."
3. Eliminate the proposed allowance of security guardhouses as allowable encroachments into
the required front yard.
On September 16, 2020, the subject ordinance was approved at first reading with no changes
by a vote of 7-0. Additionally, the City Commission referred the proposed ordinance to the
Historic Preservation Board for an advisory opinion by a vote of 5-2. On October 13, 2020, the
Historic Preservation Board recommended that the City Commission not adopt the proposed
ordinance by a vote of 6-0. On October 14, 2020, the City Commission adopted the ordinance
(Ordinance No. 2020-4366) by a vote of 5-2.
ANALYSIS
PLANNING ANALYSIS
The Versailles Hotel is one of the most iconic Art Deco hotel structures in the City. The original
tower was constructed in 1940 and designed by architect Roy France. The owner of the hotel
property is currently in the process of redesigning the residential tower addition, along with some
changes to the Versailles Hotel restoration plans.
In order to facilitate the restoration of the Versailles Hotel and the development of the Aman
Hotel & Residences project, the City Commission adopted Ordinance No. 2020-4366, which
modified the development regulations for oceanfront lots with a lot area greater than 70,000 sq.
ft. that also contain a contributing historic structure. The primary modification was to increase the
height limit from 200 feet to 250 feet.
Several neighbors of the property expressed concerns with the increased height permitted
under Ordinance No. 2020-4366; in particular that the additional height would block views, air,
and light. To this end, the proposed Ordinance reduces the height limit from 250 feet to 221
feet. Since the site can be redeveloped with the reduced height limit, while continuing the
restoration of the historic Versailles Hotel, the Administration is supportive of the proposed
change.
PLANNING BOARD REVIEW
On February 23, 2021, the Planning Board held a public hearing and transmitted the ordinance
to the City Commission with a favorable recommendation by a vote of 6-1. Additionally, the
Planning Board, by a vote of 7 to 0, recommended that the City Commission take measures to
protect and preserve the Jack Stewart Apollo mural in perpetuity and for it to be designated as
an historic feature or artifact, if permitted by the City Code.
UPDATE
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The subject Ordinance was approved at First Reading on March 17, 2021, with no changes.
SUPPORTING SURVEY DATA
Appropriate Regulation of Development
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
Applicable Area
Middle Beach
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
Commissioner Ricky Arcola
ATTACHMENTS:
Description
D Ordinance
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