Ordinance 2023-4552 Voter Enacted Incentives for Office Uses in C-PSI District
Comprehensive Plan Amendment
ORDINANCE NO. 2023-4552
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION
163.3187, FLORIDA STATUTES, TO AMEND INTERPRETIVE TEXT OF THE
MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE INTERPRETIVE
TEXT OF THE LIMITED MIXED-USE COMMERCIAL PERFORMANCE
STANDARD (C-PSI) DESIGNATION TO CREATE A FLOOR AREA RATIO
INCREASE LIMITED TO REDEVELOPMENTS THAT INCLUDE OFFICE OR
RESIDENTIAL USES WITHIN THE NEW FIRST STREET OVERLAY AND
DESIGNATING THE FIRST STREET OVERLAY ON THE FUTURE LAND USE
MAP; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY,
AND AN EFFECTIVE DATE.
WHEREAS, since early 2022, the Mayor and City Commission have adopted a variety of
legislation to establish incentives for the purpose of diversifying the City of Miami Beach's ("City")
economy; and
WHEREAS, the City is currently experiencing record demand for Class A office and
residential development throughout the City; and
WHEREAS, the City has adopted incentives that induce Class A office and residential
development; and
WHEREAS, the City Commission desires to promote "live-work-play" development in
certain City neighborhoods, including South of Fifth Street, which includes providing office space
for neighborhood residents; and
WHEREAS, the City desires to disincentivize incompatible transient uses such as hotels
and short-term rentals, as well as entertainment establishments, in residential neighborhoods;
and
WHEREAS, the South of Fifth neighborhood would benefit from additional Class A office
and residential development; and
WHEREAS, more specifically, the City Commission has identified a section of the
Washington Avenue corridor in the South of Fifth neighborhood (the "First Street Overlay")where
such incentives would be appropriate; and
WHEREAS, this amendment to the Comprehensive Plan is necessary to create the First
Street Overlay; and
WHEREAS, the City has the authority to enact laws which promote the public health,
safety, and general welfare of its citizens; and
WHEREAS, the City has determined that incentives for office and residential development
are in the best interest of the South of Fifth neighborhood and the City at large.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. COMPREHENSIVE PLAN TEXT AMENDMENT.
The following text amendments to Policy RLU 1.1.27, specifically, the interpretive text for the
Limited Mixed Use Commercial Performance Standard (C-PS-1) Future Land Use Map
designation, are hereby adopted.
Intensity Floor Area Ratio Limits: 2.0, Notwithstanding the foregoing, the following
voluntary development incentive shall be available to properties in the First Street
Overlay: the maximum floor area ratio ("FAR") shall be a base of 2.0; and an
additional 0.7 FAR is available for developments or redevelopments that include
an office or residential use. The additional 0.7 FAR shall be used exclusively for
either office or residential use. New development or redevelopment may only be
eligible for the base FAR of 2.0, or the additional 0.7 FAR for office or residential
use, if the property owner elects, at the owner's discretion, to voluntarily execute
a restrictive covenant running with the land, in a form approved by the city attorney,
affirming that, in perpetuity, the property shall not be used as a hostel, hotel,
apartment-hotel, and/or suite-hotel use, and none of the residential units on the
property shall be leased or rented for a period of less than six months and one day.
SECTION 2.
The "First Street Overlay" shall be designated on the City's Future Land Use Map for the
properties that front the east side of Washington Avenue between 1st Street and 2nd Street, as
depicted in Exhibit A, incorporated by reference herein.
SECTION 3. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Comprehensive
Plan of the City of Miami Beach, FL, and it is hereby ordained 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," "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
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 6. TRANSMITTAL.
The Planning Director is hereby directed to transmit this ordinance to the appropriate state,
regional, and county agencies as required by applicable law.
SECTION 7. EFFECTIVE DATE.
This Ordinance shall take effect until 31 days after the state land planning agency notifies the City
that the plan amendment package is complete following adoption, pursuant to Section
163.3184(3), Florida Statutes. /�
PASSED and ADOPTED this 17 day of mar , 2023.
':IH ORP OWED! = Dan Gelber, Mayor
ATTEST: '�'•• •`��''
MAY 2 2 2023 APPROVED AS TO
FORM AND LANGUAGE
&FOR EXECUTION
Rafael . Grana o
City Clerk '\( /
City Attorney Date
First Reading: March 27, 2023
Second Reading: ay 17, 2 3
Verified by:
Thomas R. M oney, I
Planning Director
T:\Agenda\2023\4-May 2023\Planning\First Street Overlay CP Amendment-Second Reading ORD.docx
Ordinances-R5 A
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 17, 2023
10:10 a.m. Second Reading Public Hearing
SUBJECT:VOTER ENACTED INCENTIVES FOR OFFICE USES IN C-PSI DISTRICT
- COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN
SECTION 163.3187, FLORIDA STATUTES, TO AMEND INTERPRETIVE
TEXT OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING
THE INTERPRETIVE TEXT OF THE LIMITED MIXED-USE COMMERCIAL
PERFORMANCE STANDARD (C-PSI) DESIGNATION TO CREATE A
FLOOR AREA RATIO INCREASE LIMITED TO REDEVELOPMENTS THAT
INCLUDE OFFICE OR RESIDENTIAL USES WITHIN THE NEW FIRST
STREET OVERLAY AND DESIGNATING THE FIRST STREET OVERLAY
ON THE FUTURE LAND USE MAP; 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 July 20, 2022, at the request of Commissioner Alex Fernandez, the City Commission
adopted Resolution 2022-32256, placing a ballot question regarding a floor area ratio (FAR)
incentive for residential and office uses on Washington Avenue Between 1st and 2nd Streets on
the November 8, 2022, general election ballot (Item R7 V). On November 8, 2022, the ballot
measure was approved by 55.11%of the voters.
On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission
referred the proposed ordinances to the Planning Board (Item C4 W).
ANALYSIS
The city is currently experiencing increased demand for office space and residential uses, and
the South of Fifth neighborhood has been affected by an increase in transient uses, such as
hotels and the short-term rental of apartments. The proposed legislation establishes new
development regulations to incentivize office and residential uses, while simultaneously limiting
transient uses. These regulations are consistent with the City's goals of creating a community
where residents can live, work, and play.
Page 359 of 945
The attached amendments to the Comprehensive Plan, and corresponding amendments to the
Land Development Regulations of the City Code (LDRs), apply to eligible properties within the
C-PS 1 future land use designation on the east side of Washington Avenue between 1st and
2nd Streets (see attached zoning, future land use and aerial maps). Specifically, the proposal
establishes a"First Street Overlay," which allows for an increase in the maximum FAR from 1.0
to 2.0, as well as an additional 0.7 FAR for residential and office uses.
The increase in the base FAR to 2.0 is consistent with the FAR that existed in the area prior to
the 1999 citywide downzoning. To be eligible for the extra 0.7 FAR, a property owner would
have to voluntarily execute a restrictive covenant, in perpetuity, confirming that the property shall
not be used as a hostel, hotel, apartment-hotel, and/or suite-hotel use, and none of the
residential units on the property shall be leased or rented for a period of less than six months
and one day.
The proposed LDR amendment would also allow rooftop additions to existing non-contributing
buildings to have a maximum building height of up to 90 feet, notwithstanding the current height
limit of 40 feet (commercial uses) and 75 feet (residential uses) in the C-PS 1 district.Any
rooftop addition would be subject to the review and approval of the historic preservation board
(HPB), as well as all applicable provisions regarding line of sight in Section 142-1161 of the
LDR's. There is only one (1) non-contributing building within the First Street Overlay that would
be eligible to take advantage of this roof-top addition provision, which is the existing office
building located at 119 Washington Avenue. In this regard, the property would be eligible to
make an application to the Historic Preservation Board (HPB) to enclose open spaces and.
construct a rooftop addition, subject to all applicable requirements contained in the ordinance.
As noted in the attached concurrency analysis, given the limited area covered by the proposal,
the proposed increase in FAR is not expected to have a negative impact on transportation and
mobility. In this regard,there is only a potential increase of 32 vehicle trips, due to the mixed-use
nature of the area and existing access to public transportation and alternative transportation
modes. Also, the proposal does not modify the maximum residential density for the site, which
remains at 80 units per acre; as such levels of service specific to residential population are not
impacted. However, prior to the submittal of any building permits, a full concurrency review will
be required to determine the actual impact and mitigation requirements of any proposed
development.
CITY CHARTER ANALYSIS
The proposal to modify the maximum FAR is affected by Section 1.03(c) of the City Charter,
which partially states the following:
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 FAR for the affected parcels.As a result,
the following question was submitted to the electors of the City of Miami Beach:
Page 360 of 945
FAR Incentive for Residential and Office Uses on
Washington Avenue Between 1st and 2nd Street
City Charter requires voter approval before increasing a property's floor area ratio ("FAR')
(how City regulates building size).
FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and 2nd
Streets)is 1.0, although previously FAR was 2.0.
Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to
2.7 for redevelopments that include residential or office uses, and prohibit hotels and short-
term rentals?
On November 8, 2022, the ballot measure was approved by 55.11% of the voters. Therefore,
the proposed ordinance can be considered for adoption by the City Commission.
COMPREHENSIVE PLANNING REVIEW PROCESS
The proposal requires an amendment to the Comprehensive Plan. Under Section 163.3184(2),
Florida Statutes, this amendment shall follow the expedited state review process for adoption of
comprehensive plan amendments. This process requires a public hearing by the local planning
agency (Planning Board), a public transmittal hearing before the City Commission, after which
the amendment must be transmitted to several state agencies for a 30-day review period, and a
final adoption public hearing before the City Commission. The amendment is effective 31-days
after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
On February 28, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on March 27, 2023 and transmitted to all
applicable State and County regulatory agencies for review and comment. During the 30-day
comment period, no concerns or objections were raised by any of the regulatory agencies.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact anticipated.
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.O.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Page 361 of 945
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Zoning and FLUM MAPS
❑ Aerial MAP
D Concurrency Analysis
❑ Ordinance
Page 362 of 945
Future Land Use
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Page 363 of 945
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Page 364 of 945
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Page 365 of 945
PLANNING DEPARTMENT
Comprehensive Plan and Zoning Amendment Conctarency and Impact Analysis
Date Prepared: 2/14/2023 Concurrency Management Area: South Beach
Name of Project: First Street Owenby Square Feet In the Amendment: 48,225
Address of Site: East Side of Washington Avenue between 1st Street and 2nd Street Acreage In the Amendment: L11
Proposed FLUM Designation
.tPrA.7 a oo� ;�� �c�o� y 1./106.7"4:63?
Designation: R�w Ao a 4`°' 6-:4 ,fD��
C-PS1 with Fist Street Overlay B9 39,822
Madman Maximum Peak Hour Tdps
Density FAR Generated' 69 N/A N/A 59 N/A 129
Residential
Units/Acre 80 270 Demand 223 0 223
Units 7a MOON SF 'Peak Nunn Imp,Calculatedvndl REM Eldon TnnGenraldl ManualWeakday PM Peak Neu rfactors
Note:Estimate assumes Floor Area for Residential Units at 800 SF per Unit at Max Density,15%of FM for back of Muse uses,and remaining floor area for office
Existing FWM Designation
Designation: A /i ?° c �'Ar .f6.4. 44 0
C-PS1 89 11,128
Madman Maximum Peak Hour Trips
Density FAR Generated' 69 N A N A 17 A 86
Residential
Units/Acre B0 2 Demand 223 0 223
Units 89 96,450 SF •Pr*we Top,Cainlned min ITEM Elton inpGMnatmn Manual weekdv?MPe uourGnon
Vehicle Transportation Impact
New Trips Generated Trip Allowances Transit 15% Net New Trips Generated: 32 Trips
43 Trips Pass-by 0%
e Mixed-use(Internal) 10%
Total 25%
Parks and Recreation Concurrency Potable Water Transmission Capacity
Net New Residential Demand: 0.0 People Proposed Demand: 18,297 Gallons Per Day
Parks Facility Type Concurrent Existing Demand: 15,887 Gallons Per Day
Recreation and Open Space Acreage YES New Demand: 2,410 Gallons
Recreational Facilities Acreage YES Cumure cy to be determined at Building Permit Application
Swimming Pool YES Sanitary Sewer Transmission Capacity
Golf Course YES Proposed Demand: 31,150 Gallons Per Day
Basketball Court YES Existing Demand: 31,150 Gallons Per Day
Tennis Court YES New Demand: 0 Gallons
Multiple-Use Courts YES Concurrency to be determined at Building Permit Application
Designated Reid Area YES Solid Waste Collection Capacity
Tot Lots YES Proposed Demand: 284 Tons Per Year
Vita Course YES Existing Demand: 284 Tons Per Year
Boat Ramp YES New Demand: 0 Gallons
Outdoor Amphitheater YES Canmrrency to be determined at Building Permit Application
Activity Building for Multiple Uses YES Storm Sewer capacity
Required Mitigation to be determined at Building Permit Application Required 10S:One-in-five-year storm event
Conoorency to be determined at Building Permit Application
Note:
This represents a comparative analysis of concurrency with maximum development potential of the site between the existing and
proposed Future Land Use designations. Actual concurrency demands,required mitigation,and required capacity reservation will be
determined at the time of Building Permit Application.
•
Page 366 of 945