Ordinance 2023-4553 Voter Enacted Incentives for Office Uses in C-PS1 District
LDR Amendment
ORDINANCE NO. 2023-4553
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 18, "PS PERFORMANCE STANDARD
DISTRICT," BY CREATING SECTION 142-699.1, ENTITLED "FIRST STREET
OVERLAY" TO ALLOW A FLOOR AREA RATIO AND BUILDING HEIGHT
INCREASE FOR REDEVELOPMENTS THAT INCLUDE OFFICE OR
RESIDENTIAL USES AND PROVIDE LIMITS ON TRANSIENT USES; 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, where such incentives would be
appropriate; and
WHEREAS, on November 8, 2022, the City's voters approved the following ballot
question:
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?
WHEREAS, this adoption of this Ordinance is necessary to implement the results of the
November 8, 2022 referendum; 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. Chapter 142, "Zoning Districts and Regulations," Article II, "District Regulations" is
hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
* * *
DIVISION 18 - PS PERFORMANCE STANDARD DISTRICT
* * *
Sec. 142-699.1 — First Street Overlay
() The following regulations shall apply to properties that front the east side of Washington
Avenue between 1st Street and 2nd Street. In the event of a conflict within this division, the
regulations below shall apply:
I') The purpose of these regulations is (i)to sustain and enhance existing office uses in
this=evenay; Lii) to induce the construction of new office and residential uses in this
wenay; and fill)to provide incentives for the removal of transient uses.
() As a voluntary development incentive, subject to the property owner's strict
compliance with the following conditions, the maximum floor area ratio ("FAR") for
properties within the overlay shall be a base of 2.0 FAR with an additional 0.7 FAR
available for developments or redevelopments that include office or residential
use. The additional 0.7 FAR shall be used exclusively for either office or residential
use, and shall remain as office or residential in perpetuity.The additional 0.7 FAR shall
not be used for hostel, hotel, apartment-hotel, or suite-hotel use.
New development or redevelopment shall only be eligible for the base FAR of 2.0,with
an additional 0.7 available for office or residential use, under this subsection, 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.
al Notwithstanding any height regulations contained in these Land Development
Regulations, the maximum floor- o-ceilin• height of eligible rooftop additions to
existing non-contributing buildings within the First Street Overlay shall not exceed 15
feet in height. The overall building height shall not exceed 90,feet and
shall be subiect to the provisions regarding line of sight as set forth
in Section 142-1161.
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 ten days following adoption.
PASSED and ADOPTED this I day of "liar , 20 .
ATTEST:
Dan Gelber, Mayor
4. ' MAY 2 2 c0��
Rafael E. Granado ,\'B ,,
City Clerk - ,,pst....... cti',
* APPROVED.AS TO,
First Reading: March 27, 2023 = INCORP ABATED, RM & LANGUAGE
Second Reading. May 17, 2 23k `� FORM &
��'�,,r, 2 ^ = &FOR EXECUTION
S:-s�a-3
Verified by:
Thomas R. M oney, Al City Attorney wv....
Planning Director
T:\Agenda\2023\4-May 2023\Planning\First Street Overlay LDR Amendment-Second Reading REVISED ORD.docx
Ordinances-R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: May 17,2023
10:11 a.m. Second Reading Public Hearing
SUBJECT:VOTER ENACTED INCENTIVES FOR OFFICE USES IN C-PSI DISTRICT
LDR AMENDMENT
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 18, "PS
PERFORMANCE STANDARD DISTRICT," BY CREATING SECTION 142-
699.1, ENTITLED "FIRST STREET OVERLAY"TO ALLOW A FLOOR AREA
RATIO AND BUILDING HEIGHT INCREASE FOR REDEVELOPMENTS
THAT INCLUDE OFFICE OR RESIDENTIAL USES AND PROVIDE LIMITS
ON TRANSIENT USES; 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
•
Page 370 of 945
where residents can live, work, and play.
The attached amendments to the Land Development Regulations of the City Code (LDRs), and
the companion amendment to the Comprehensive Plan, would apply to eligible properties within
the C-PS1 district 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," allowing 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-PS1 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 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 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 371 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. After the approval at
First Reading, a non-substantive, minor modification was made to the ordinance that allows the
interior floor to ceiling height of an eligible roof-top addition in the overlay to be increased up to
15 feet. Currently, the floor to ceiling height of a roof top addition located within a historic district
cannot exceed 12 feet.
The maximum overall height of an eligible building in the overlay, inclusive of any rooftop
addition, has not changed, and remains at 90 feet. This modification is included in the attached
ordinance for adoption.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No fiscal impact is anticpated.
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Page 372 of 945
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?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez
ATTACHMENTS:
Description
❑ Zoning and FLUM MAPS
❑ Aerial MAP
❑ Concurrency Analysis
❑ Ordinance
Page 373 of 945
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Page 374 of 945
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Page 375 of 945
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Page 376 of 945
PLANNING DEPARTMENT
Comprehensive Plan and Zoning Amendment Concurrency and impact Analysis
Date Prepared: 2/14/2023 Concurrence Management Area: South Beach
Name of Project: Fret Street Overaby Square Feet in the Amendment: 48,225
Address of Ste: East Side of Washington Avenue between 1st Street and 2nd Street Acreage in the Amendment: L11
Proposed FLUM Designation
ye
� a
Designation: ` I.
`° S' , e}7` a ` aA A,O
C-PS1 with Fist Street Overlay 89 39,822
Madman Maximum Peak Hour Trips
Density FAR Generated* 69 N/A N/A 59 N/A 129
Residential
Units/Acre 80 2.70 Demand 223 0 223
Units ME ER.SF •Peak Nous Tom Calculated mA nE 9th Freon Tnp Gensler Mnualweekear PM Pak Harfetors
Note:Estimate assumes Floor Area for Residential Units at 800 SF per Unit at Max Density,15%of FAR for back of house uses,and remelting floor area for office
Existing FLUM Designation
Designation: AJ1ZZA % /6
C.PS1 89 11,128
Madman Maximum Peak tour Trips
Density FAR Generated* 69 A A 17 N A 86
Residential
Units/Acre BO 2 Demand 223 0 223
Units 89 96,450 SF •veer New Tnpa Calantedmei ftRh Even Tnp Gonna,rrannaweeeeeypu Pak limn'actors
Vehicle Transportation Impact
New Trips Generated Trip Allowances Transit 15% Net New Trips Generated: 32 Trips
43 Trips Pass-by 0%
e Mired-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 Concurrence 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 Corals YES Concurrency to be determined at Building Permit Affiliation
Designated Reld Area YES Solid Waste Collection Capacity
Tot Lots YES Proposed Demand: 284 Tons Per Year
Vita Course YES Existing Demand: 284 Torts Per Year
Boat Ramp YES New Demand: 0 Gallons
Outdoor Amphitheater YES Concurrency to be determined at Building Permit Application
ActMty Building for Multiple Uses YES Storm Sewer capacity
Required Mitigation to be determined at Building Permit Application Required LOS:Oin-fhe-year storm event
Concurrency to be determined at Building Pernik 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 377 of 945