Ordinance 2022-4499 •
Lincoln Lane North GU Properties— Height Regulations
ORDINANCE NO. 2022-4499
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 9, ENTITLED "GU GOVERNMENT USE
DISTRICT," BY AMENDING SECTION 142-425 TO CREATE A HEIGHT
LIMITATION FOR PRIVATE USES THAT INCORPORATE PUBLIC PARKING
SPACES WITHIN THE STRUCTURE, AND THAT ARE OWNED BY THE CITY
AND/OR OPERATED FOR THE CITY, IN THE AREA BOUNDED BY 17TH
STREET ON THE NORTH, NORTH LINCOLN LANE ON THE SOUTH, ALTON
ROAD ON THE WEST, AND WASHINGTON AVENUE ON THE EAST; AND
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission has expressed an interest in diversifying the City's
economy and its revenue sources by capitalizing on the economic growth opportunities presented
by the current and projected business growth in the region, particularly by making a concerted
effort to increase Class A office space inventory throughout the City; and
WHEREAS, in furtherance of this objective, on October 9, 2020 the Administration issued
a Request for Letters of Interest 2021-029-KB (RFLI) seeking expression of interest from
developers interested in building Class A office developments on City-owned land in the City's
center area; and
WHEREAS, based on the results of the RFLI, on February 19, 2021, the Finance and
Economic Resiliency Committee (FERC) recommended that the Administration seek City
Commission authorization to prepare a Request for Proposals (RFP) for ground leases and
development agreements for the development of Class A office space on the three surface
parking lots (P25, P26 and P27) and one structured parking garage (G5); and
WHEREAS, on April 8, 2021, the Administration conducted a public industry meeting to
promote the RFP and solicit industry input on the proposed projects; and
WHEREAS, On June 23, 2021, the Mayor and City Commission approved the issuance
of Request for Proposals (RFP)2021-173-KB for mixed-use developments incorporating Class A
office space on City-owned parking lots P25, P26, P27, and parking garage G5, in order to
promote the development of Class A office space within the City; and
WHEREAS, RFP responses were due and received on January 12, 2022; and
WHEREAS, on December 6, 2021, the City Manager appointed the following individuals
to serve on an advisory Evaluation Committee to review and score the proposals submitted:
Monica Beltran, Director, Parking Department; Ozzie Dominguez, Asset Management Division
Director, Facilities and Fleet Management Department; Paul Freeman, Resident, Palm View
Neighborhood; David Gomez, Assistant Director, Capital Improvement Projects Department;
Rogelio Madan, Chief of Community Planning and Sustainability, Planning Department; Sara
Patino, Treasury Manager, Finance Department; and Lyle Stern, President, Lincoln Road
Business Improvement District; and
WHEREAS, on February 1, 2022, the Evaluation Committee convened to consider the
proposals received and for oral presentations by the bidders for each of the options submitted;
and
WHEREAS, after reviewing the various proposals submitted, the Evaluation Committee's
process and rankings, and the assessments of staff and the City's consultant, the City Manager
has determined to proceed with negotiations for the redevelopment for parking lots P25, P26, and
P27; and
WHEREAS, to ensure adequate replacement of municipal parking and the success of
future developments on these City-owned lands, a separate Ordinance amending Chapter 130 of
the City Code, entitled "Off-Street Parking," has been drafted to modify the off-street parking
requirements for Parking District No. 2, to provide for accessory public parking requirements for
developments on City-owned land; and
WHEREAS, the required accessory public parking spaces will occupy a significant portion
of the building envelope potentially limiting the success of the City's expressed goal of diversifying
the City's economy, and increasing Class A office space inventory throughout the City; and
WHEREAS, in order to balance the goals of(i) requiring adequate replacement accessory
public parking and (ii) diversifying the economy and increasing available Class A office space on
these City-owned lands, the City Commission now desires to amend the GU district regulations
to provide for additional height to accommodate both the accessory public parking and encourage
new class A office space for projects that are approved under a development agreement.
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," at Article II, entitled "District
Regulations," at Division 9, entitled "Government Use District," is hereby amended as follows:
Sec. 142-425. Development regulations.
(a) The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU
government use district shall be the average of the requirements contained in the
surrounding zoning districts as determined by the planning and zoning director, which
shall be approved by the city commission.
(b) Upon the sale of GU property, the zoning district classification shall be determined, after
public hearing with notice pursuant to Florida Statutes, by the city commission in a
manner consistent with the comprehensive plan. Upon the expiration of a lease to the
city or other government agency, the district shall revert to the zoning district and its
regulations in effect at the initiation of the lease.
(c) Setback regulations for parking lots and garages when they are the main permitted use
are listed in subsection 142-1132(n).
(d) Following a public hearing, the development regulations required by these land
development regulations, except for the historic preservation and design review
processes, may be waived by a five-sevenths vote of the city commission for
developments pertaining to governmental owned or leased buildings, uses and sites
which are wholly used by, open and accessible to the general public, or used by not-for-
profit, educational, or cultural organizations, or for convention center hotels, or
convention center hotel accessory garages, or city utilized parking lots, provided they
are continually used for such purposes.
Notwithstanding the above, no GU property may be used in a manner inconsistent with
the comprehensive plan.
fl The following regulations shall apply to the use or development of GU property by
entities other than the City;
1. In all cases involving the use of GU property by the private sector, or joint
government/private use, development shall conform to all development regulations
in addition to all applicable sections contained in these land development regulations
and shall be reviewed by the planning board prior to approval by the city commission.
All such private or joint government/private uses are allowed to apply for any
permitted variances but shall not be eligible for a waiver of any regulations as
described in this paragraph. However, not-for-profit, educational, or cultural
organizations as forth herein, shall be eligible for a city commission waiver of
development regulations as described in this paragraph, except for the historic
preservation and design review processes.
2. In cases involving the use of GU property by the private sector, for developments
incorporating public parking spaces within the structure(s), owned by and/or
operated by or for the benefit of the City, the permitted building height shall be 100
feet for those sites located within the area bounded by 17th Street on the north, North
Lincoln Lane on the south, Alton Road on the west, and Washington Avenue on the
east.
3. Additiona"y, ^Private uses on the GU lots fronting Collins Avenue between 79th and
87th Streets approved by the city commission for a period of less than ten years shall
be eligible for a city commission waiver of the development regulations, as described
in this paragraph, for temporary structures only. Such waivers applicable to GU lots
fronting Collins Avenue between 79th and 87th Streets may include, but not be
limited to, the design review process, provided the city commission, as part of the
waiver process, evaluates and considers all applicable design review requirements
and criteria in chapter 118 of the land development regulations.
(g) If a waiver for eligible GU property under this subsection pertains to building height, and
the subject property is located within a,local historic district. the city commission shall
first refer the proposed height waiver to the historic preservation board for the board's
review and to obtain an advisory recommendation as to whether the proposed waiver
should be approved or denied. The historic preservation board shall review the proposed
waiver and provide an advisory recommendation within 45 days of the referral by the
city commission. Notwithstanding the foregoing, the requirement set forth in this
paragraph shall be deemed to have been satisfied in the event that the board fails, for
any reason whatsoever, to review a proposed height waiver and/or provide a
recommendation to the city commission within the 45-day period following the referral.
flu When a public hearing is required to waive development regulations before the city
commission, the public notice shall be advertised in a newspaper of general paid
circulation in the city at least 15 days prior to the hearing. Fifteen days prior to the public
hearing date, both a description of the request and the time and place of such hearing
shall be posted on the property, and notice shall also be given by mail to the owners of
land lying within 375 feet of the property. A five-sevenths vote of the city commission is
required to approve a waiver or use that is considered under this regulation.
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 AI day of JK , 2022.
ATTEST:
Dan Gelber, Mayor
JUN 2 3 1012 �?=M�Bc�S:, APPROVED AS TO
Rafael E. Granad , City Clerk. I I ': ; FORM AND LANGUAGE
'=tRiLORP Op,ATE.A &FOR EXECUTION
First Reading: May 4, 2022 '�4�,H;?6�_ �{— �-� a•�,
Second Reading: ne 22, 2 City Attorney Ok Date
Verified By:
Tho as R. Moone , AICP
Planning Director
T:\Agenda\2022\5_May 2022\Planning\Lincoln Lane North GU Properties-Height Regulations First Reading ORD.docx
Ordinances-R5 I
MIAMI BEA
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: June 22, 2022
1:32 p.m.Second Reading Public Hearing
SUBJECT:LINCOLN LANE NORTH GU PROPERTIES- HEIGHT REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 9, ENTITLED "GU GOVERNMENT USE
DISTRICT," BY AMENDING SECTION 142-425 TO CREATE A HEIGHT
LIMITATION FOR PRIVATE USES THAT INCORPORATE PUBLIC
PARKING SPACES WITHIN THE STRUCTURE THAT ARE OWNED BY THE
CITY AND OR OPERATED FOR THE CITY IN THE AREA BOUNDED BY
17TH STREET ON THE NORTH, NORTH LINCOLN LANE ON THE SOUTH,
ALTON ROAD ON THE WEST,AND WASHI NGTON AVENUE ON THE EAST
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
HISTORY
On February 23, 2022, (item R7B), the City Commission referred the subject Ordinance
Amendment to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
The sponsor of the proposal is Commissioner Ricky Arcola. On April 8, 2022, the LUSC
discussed the Ordinance and moved it to the Planning Board without a recommendation.
BACKGROUND
On March 17, 2021, the City Commission adopted Resolution No. 2021-31617, authorizing the
preparation of an RFP for mixed-use development incorporating Class A office space at three
City-owned sites along Lincoln Lane North as well as the 17th Street parking garage (G5). On
June 23, 2021, the Mayor and City Commission approved the issuance of Request for
Proposals (RFP) 2021-173-KB for mixed-use developments incorporating Class A office
space on City-owned parking lots P25, P26, P27, and parking garage G5. The RFP included
multiple site options for proposed development
Page 518 of 1232
RFP responses were due and received on January 12,2022. The City received proposals from
three (3)firms:
1. Infinity Collective LLC;
2. Lincoln Road Holdings LLC; and
3. Lincoln Road Property Owners,, L.P.
On February 1, 2022, the Evaluation Committee reviewed and evaluated all proposals. Upon
review of the results of the Evaluation Committee and an assessment of the proposals, the City
Manager recommended that the Mayor and City Commission authorize the City Administration
to:
• Negotiate with Lincoln Road Property Owner, L.P., (a joint venture among Integra Investments,
Starwood Capital Group, and The Comras Company ("Integra") with regards to P25 and P26
(Option 5), and, if the Administration is not successful in negotiating an agreement with Integra,
authorizing the Administration to negotiate with TPC; and
• Negotiate with Lincoln Road Holdings LLC (a joint venture among The Peebles Corporation,
Scott Robins Companies, Inc., and the Baron Corporation, aka "TPC") with regards to P27
(Option 3). Additionally, if the Administration is not successful in negotiating an agreement with
TPC,authorizing the Administration to negotiate with Integra regarding this option.
On February 23, 2022, via Resolution No. 2022-32054, the Mayor and City Commission
accepted the recommendation of the City Manager and authorized the Administration to
negotiate with the proposers. At present, negotiations concern only the following sites (see
attached map):
• P25 (1680 Lenox Avenue)and P26 (1080 Lincoln Lane North)combined.
• P27 (1664 Meridian Avenue).
ANALYSIS
PLANNING ANALYSIS
The proposed Ordinance is specific to the RFP proposals for the Lincoln Lane North lots and
amends Chapter 142 of the Land Development Regulations (LDR's) of the City Code to allow for a
maximum building height of 100 feet for certain GU zoned properties. Specifically, the proposed
increase in height would be limited to those sites developed by the private sector that incorporate
public parking spaces owned by and/or operated for the City, within the structure. The area for the
proposed height increase is also limited and is bounded by 17th Street on the north, North Lincoln
Lane on the south,Mon Road on the west, and Washington Avenue on the East.
Currently, the height limits for the applicable GU zoned properties are based on the average height
limits of the surrounding properties. Generally, the properties surrounding the affected parcels have
a height limit of between 75 and 80 feet. Although the proposal contains a moderate height increase,
the additional height would not result in structures that are out of scale with the surrounding area, as
there are several other structures of similar heights.
The following table provides a reference for odsting building heights in the immediate area:
Page 519 of 1232
Property Height Zoning
1700 Alton Rd. (Variety Hotel) 73' CD-2
1698 Alton Rd. (Trader Joes) 63' CD-2
1111 Lincoln Rd. 124' CD-3
1680 Michigan Av. 80' CD-3
1691 Michigan Av. (The Lincoln) 75' CD-3
846 Lincoln Rd. (Van Dyke) -78' CD-3
1688 Meridian Av. 101' CD-3
605 Lincoln Rd. (Sony Music) -90' CD-3
401 Lincoln Rd. (Bank of America) -168' CD-3
It is also worth noting that the approved convention center hotel at the corner of Convention Center
Drive and 17th Street, and located in relative proximity to the subject sites, has been approved for
185 feet in height. In addition, any proposed structure would require the review and approval of the
Design Review Board,which would consider massing and the impacts on surrounding structures.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on April 26, 2022 and transmitted the Ordinance to
the City Commission with a favorable recommendation(7-0).
UPDATE
The subject Ordinance was approved at First Reading on May 4, 2022,with no changes.
SUPPORTING SURVEY DATA
Enhance Office Development
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item ilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Page 520 of 1232
Description
❑ Ordinance
❑ Map
Page 521 of 1232
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