HomeMy WebLinkAboutOrdinance 2023-4568 Residential Office Regulations for CD-2 District
ORDINANCE NO. 2023-4568
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 1,
"GENERAL PROVISIONS," ARTICLE II, "DEFINITIONS", BY
AMENDING SECTION 1.2.1, ENTITLED "GENERAL DEFINITIONS," BY
CREATING A DEFINITION FOR "RESIDENTIAL OFFICE UNIT"; BY
AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE II, "DISTRICT REGULATIONS," SECTION
7.2.11, "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY
AMENDING SECTION 7.2.11.3, ENTITLED "DEVELOPMENT
REGULATIONS (CD-2)," TO CLARIFY THAT RESIDENTIAL OFFICE
UNITS ARE AMONG THE RESIDENTIAL USES THAT QUALIFY FOR
THE FLOOR AREA RATIO APPLICABLE TO MIXED USE BUILDINGS
IN THE CD-2 DISTRICT; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, the CD-2 commercial, medium intensity district provides for commercial
activities, services, offices, and related activities which serve the entire City; and
WHEREAS, the Land Development Regulations incentivize diverse combinations of
residential lifestyles and unique commercial services in mixed-use development, in certain
neighborhoods and town center districts; and
WHEREAS, as applicable to mixed-use buildings in the CD-2 commercial, medium
intensity district, Section 7.2.11.3 of the City Code provides that when more than 25 percent of
the total area of a building is used for residential or hotel units, the floor area ratio applicable to
mixed use buildings may be utilized; and
WHEREAS, the Mayor and City Commission desire to create a definition for "residential
office unit," in order to regulate residential dwelling units that contain a commercial or office
component, but are primarily defined by certain minimum residential features and characteristics;
and
WHEREAS, in order to encourage dynamic mixed-use development and clarify the
applicability of the Land Development Regulations to future development, this Ordinance has
been drafted to define "residential office unit" and confirm that residential office units are
residential units for purposes of FAR calculations for the CD-2 commercial, medium intensity
district; and
WHEREAS, residential office units shall only be eligible for the voluntary development
incentives set forth in this Ordinance if a property owner elects, at the owner's sole discretion, to
prohibit the rental or lease of any unit for a period of less than six months and one day.
Page 1 of 5
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 1, "General Provisions," Article II, "Definitions," Section 1.2.1 is hereby
amended as follows:
CHAPTER 1
GENERAL PROVISIONS
ARTICLE II. DEFINITIONS
Sec 1.2.1 General Definitions
Residential office unit shall mean a residential dwelling unit which may be used jointly
for residential living space together with office use, provided that such unit includes living space
that is contiguous with the office space and contains separate bedrooms, as well as an abutting
bathroom, full kitchen with a cook-top, refrigerator, sink and range, as well as a dining area.
Additionally, the following shall be applicable:
1. For units that are 4,000 square feet or less in size, at least 1,000 square feet shall be dedicated
to residential use and contain a minimum of one bedroom.
2. For units that are greater than 4,000 square feet in size, at least 25% of the unit shall be
dedicated to residential use and contain a minimum of two bedrooms.
SECTION 2. Chapter 7, entitled "Zoning Districts and Regulations, Article II, entitled "District
Regulations," at Section 7.2.11, "CD-2 Commercial, Medium Intensity District," is hereby
amended as follows:
CHAPTER 7
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. DISTRICT REGULATIONS
7.2.11. CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT
Page 2 of 5
7.2.11.3 Development Regulations (CD-2).
a. The development regulations in the CD-2 commercial, medium intensity district are as
follows:
i. The tower setback shall not be less than the pedestal setback.
ii. Parking lots and garages: If located on the same lot as the main structure the setbacks
below shall apply. If primary use the setbacks are listed in Section 7.5.3.2.n.
DEVELOPMENT REGULATIONS TABLE(CD-2)
Maximum FAR 1.5 (5)
Mixed Use Buildings(When 2.0(5)ll
more than 25 percent(25%)of
the total area of a building is
used for residential, residential
office,or hotel
units)
Maximum Density(Dwelling Units 100 DUA(80%bonus for workforce or affordable units)
Per Acre)
1. Except as provided in Section 7.5.2.
2. An additional 5 feet of height is allowed if the nonresidential first habitable level has a
minimum ceiling height of 14 feet above DFE.
3. Except that the building height shall be limited to 25 feet within 50 feet from the rear property
line for lots abutting an alley; and within 60 feet from a residential district for blocks with no
alley.
4. Notwithstanding the foregoing, rooftop additions to contributing structures in a historic
district and individually designated historic buildings may follow existing nonconforming
side and rear pedestal setbacks.
5. Notwithstanding the above regulations, the maximum floor area ratio (FAR)for self-storage
warehouses shall be 1.5. The floor area ratio provision for mixed use buildings on this table
shall not apply to self-storage warehouse development.
6. For contributing hotel structures, located within an individual historic site, a local historic
district or a national register district, which are being renovated in accordance with the
Secretary of the Interior Standards and Guidelines for the Rehabilitation of Historic
Structures as amended, retaining the existing room configuration shall be permitted,
provided all rooms are a minimum of 200 square feet. Additionally, existing room
configurations for the above-described hotel structures may be modified to address
applicable life-safety and accessibility regulations, provided the 200 square feet minimum
unit size is maintained, and provided the maximum occupancy per hotel room does not
exceed 4 persons. In addition, the minimum hotel unit size for a property formerly zoned
Page 3 of 5
HD is 250 square feet, provided that the property does not exceed 25,000 square feet as of
March 23, 2019.
7. The number of units may not exceed the maximum density set forth in the comprehensive
plan.
8. Developments located in zoning districts that do not prohibit the short-term rental of
residential apartment units shall be eligible for an exemption from the average unit size
requirements established above, subject to the following conditions:
• Density. The development shall not be permitted to exceed the maximum residential
density established in the Comprehensive Plan or Land Development Regulations.
• Minimum Unit Size. This incentive shall not be construed to permit any unit that is
smaller than the minimum allowable unit size for the type of unit being proposed.
• Covenant. In order to be eligible for this voluntary average unit size incentive, the
property owner, at the owner's sole discretion, shall voluntarily execute a restrictive
covenant running with the land, in a form approved by the City Attorney, affirming that
in perpetuity no residential units on the property shall be leased or rented for a period of
less than six months and one day.
9. Notwithstanding the above regulations, new development or redevelopment of residential
office units may only be eligible for the floor area ratio applicable to mixed use buildings in
the event that the property owner voluntarily elects, at the owner's sole discretion, to execute
a restrictive covenant running with the land, in a form approved by the city attorney affirming
that, in perpetuity, none of the residential office units on the property shall be leased or
rented for a period of less than six months and one day.
SECTION 3. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 4. 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 re-numbered or re-lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
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.
Page 4 of 5
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this a� day of ](4 IX
2023.
ATTEST: —'—'----
Dan Gelber, Mayor
AUG 1 5 2023 APPROVED AS TO
--/v FORM AND LANGUAGE
Rafael It. Granado, City Clerk & FOR EXECUTION
First Reading: June 28, 2023 Z
Second Reading: July 2 , 2023 City Attorney �k Date
AUG 1 5 20?3
Verified By: B�
Thomas R. Mooney, AICP �Q. •••• ••.:90
Planning Director. ;
INCORP ORAIED:
!n
T:\Agenda\2023\6-July 2023\Planning\Residential Office Regulations for CD-2 District-Second Reading ORD CH 1 AND 7
ADOPTED.docx
Page 5of5
Ordinances - R5 P
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: July 26, 2023
5:05 p.m. Second Reading Public Hearing
SUBJECT: RESIDENTIAL OFFICE REGULATIONS IN CD2 DISTRICT
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 114 OF THE CITY CODE
ENTITLED "DEFINITIONS," BY CREATING A DEFINITION FOR
"RESIDENTIAL OFFICE UNIT," AND BY AMENDING CHAPTER 142 OF
THE CITY CODE ENTITLED "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5,
ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY
AMENDING SECTION 142-307, ENTITLED "SETBACK REQUIREMENTS,"
TO CLARIFY THAT RESIDENTIAL OFFICE UNITS ARE AMONG THE
RESIDENTIAL USES THAT QUALIFY FOR THE FLOOR AREA RATIO
APPLICABLE TO THE CD-2 DISTRICT, AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUNWHISTORY
On February 1, 2023, at the request of Commissioner Laura Dominguez, the City Commission
referred the proposed amendment (Item C4 B), to the Land Use and Sustainability Committee
(LUSC) and the Planning Board.
On March 1, 2023, the LUSC deferred the item to the April 19, 2023 meeting. On April 19,
2023, the LUSC deferred the item to the May 10, 2023 meeting. On May 10, 2023 the LUSC
discussed the proposal and recommended in favor of the proposed ordinance.
The CD-2 (Commercial, Medium Intensity) zoning district permits a range of medium intensity
commercial uses, including office, retail, restaurants, and personal service, as well as residential
and hotel uses. The maximum floor area ratio (FAR) permitted in the CD-2 district is 1.5, and up
to .5 bonus FAR is available for residential or hotel uses. This .5 bonus was originally drafted to
encourage and incentivize a mix of residential or hotel uses within the CD-2 district.
Page 946 of 1588
ANALYSIS
The Land Development Regulations of the City Code (LDRs)defines live-work as follows:
Live-work shall mean residential dwelling unit that contains a commercial or office component
which is limited to a maximum of 70 percent of the dwelling unit area.
Although live-work units are a hybrid of an office and residential unit, under the CD-2 regulations,
they do not qualify as a residential use for purposes of the .5 FAR bonus. The proposed
ordinance creates a new definition for residential office use in Section 114-1 as follows:
Residential office unit shall mean a residential dwelling unit which may be used jointly for
residential living space together with office use, provided that such unit includes living space that
is contiguous with the office space and contains separate bedrooms, as well as an abutting
bathroom, full kitchen with a cook-top, refrigerator, sink and range, as well as a dining area.
Additionally, the following shall be applicable:
1. For units that are 4,000 square feet or less in size, at least 1,000 square feet shall be
dedicated to residential use and contain a minimum of one bedroom.
2. For units that are greater than 4,000 square feet in size, at least 25% of the unit shall be
dedicated to residential use and contain a minimum of two bedrooms.
Additionally, the following revised text amendment has been proposed to allow for residential
office to be included in the .5 FAR bonus in the CD-2 district:
Section 142-307 - Development Regulations (CD-2)
(d) Mixed use buildings: Calculation of floor area ratio:
(1) Floor area ratio. When more than 25 percent of the total area of a building is used for
residential, residential office, or hotel units, the floor area ratio range shall be as set forth in the
RM-2 district. New development or redevelopment that includes residential office units may only
be eligible for the floor area ratio range as set forth in the RM-2 district in the event that the
property owner elects, at the owner's sole discretion, to voluntarily execute a restrictive covenant
running with the land, in a form approved by the city attorney affirming that, in perpetuity, none of
the residential office units on the property shall be leased or rented for a period of less than six
months and one day.
The attached draft ordinance contains both amendments.
Currently, either live-work units, or the proposed new definition of residential office units, can
occupy up to 1.5 FAR in buildings located in the CD-2 district. However, since both types of
units are separate and apart from residential and hotel uses, they are not currently eligible for the
.5 FAR bonus.
The Administration is supportive of the proposed LDR amendment, as it would further the city's
goals of promoting live-work options for residents. However, it is important to note that by their
nature, residential office units are potentially less of a residential use and could be more
oriented toward office use, as up to 75% of the unit could be occupied by office space. This is
germane to the discussion as the proposed amendment would allow the .5 FAR bonus in the
CD-2 district to be shifted away from purely residential or hotel uses and used for a more office-
Page 947 of 1588
oriented hybrid.
PLANNING BOARD REVIEW
On May 23, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (6-1). The Planning Board
also made a separate motion (7-0) recommending the following modifications to the ordinance:
1. Including a sunset provision that would require an eligible property to obtain approval from the
applicable land use board within 2 years of the effective date of the ordinance.
2. The regulations proposed would only be applicable to new construction projects or projects
that do not have a certificate of occupancy(C.O.) as of the effective date of the ordinance.
The Administration does not recommend that either of these recommendations be included in
the proposed ordinance. In this regard, there is no need for a sunset provision as the substance
of the ordinance represents good policy. Also, applying the regulations solely to new
construction could, potentially, discourage much needed and desirable renovations to existing
structures in the CD-2 district.
UPDATE
The subject ordinance was approved at First Reading on June 28, 2023, with no changes.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
C itywid e
Is this a "Residents Right Does this item utilize_GO.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Laura Dominguez
ATTACHMENTS:
Description
o Ordinance
Page 948 of 1588
+r JUIY 9' NFIGHBORS 1SRF
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING THE LAND DEVELOPMENT MASSAGE THERAPY CENTERS - NORTH BEACH
REGULATIONS BY CREATING A DEFINITION FOR ! USE REGULATIONS
"RESIDENTIAL OFFICE UNIT,"AND BY AMENDING
CHAPTER 142 OF THE CITY CODE TO CLARIFY THAT ORDINANCE AMENDING THE NORTH BEACH
RESIDENTIAL OFFICE UNITS ARE AMONG THE COMMERCIAL CHARACTER OVERLAY TO ESTABLISH
RESIDENTIAL USES THAT QUALIFY FOR THE FLOOR AREA REGULATIONS AND REQUIREMENTS FOR MASSAGE
RATIO APPLICABLE TO THE CD-2 DISTRICT THERAPY CENTERS WITHIN THE OVERLAY
DULY 26,2023 JULY 26, 2023
CITY COMMISSION MEETING CITY COMMISSION MEETING
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L140 DEVELOPMENT REGULATIONS. BY AMFNDING CHAPTER 114 OF THE CITY CODE FLORIDA, AMENDING 'HE RESILIENCY CODE OF THE CRY OF MIAMI BEACH, BY
ENTTTLEO 'DEFDNITIONS'BY CREATING A DEFINITION FOR 'RESDENTAL OFFICE UNIT,' AMENDING CHAPTER 1,ENTITLED-ZONING DISTRICTS AND REGULATIONS.ARTICLE 3,
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