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Home My WebLink AboutOrdinance 2023-4564 CPS Below Grade Floor Area Requirements ORDINANCE NO. 2023-4564 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 AMENDING THE DEFINITION OF FLOOR AREA WITH RESPECT TO BELOW-GRADE AREAS OF A BUILDING; 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 term "floor area" is defined in Chapter 1 of the Land Development Regulations of the City Code; and WHEREAS, as of November 7, 2001, the exceptions to the definition of"floor area" in the City's land development regulations included the following: (9) Floor area located below grade; however, if the ceiling is above grade, one half of the floor area that is below grade shall be included in the floor area calculation (emphasis added); and WHEREAS, this exception from "floor area" is known as the "Basement Exception"; and WHEREAS, on June 11, 2014, the City Commission adopted Ordinance No. 2014-3876, which eliminated the Basement Exception, thereby requiring the entirety of a basement to be counted as "floor area" if"any portion of the top of the slap of the ceiling is above grade"; and WHEREAS, on September 14, 2016, the City Commission adopted Ordinance No. 2016- 4029, which partially reinstated the Basement Exception for existing contributing structures within a local historic district, national register historic district, or local historic site, and WHEREAS, Ordinance No. 2016-4029 did not trigger the referendum requirement in Charter Section 1.03(c) because the partial reinstatement of the Basement Exception was equal to or more restrictive than the FAR regulations in effect on November 7, 2001; and WHEREAS, the Mayor and City Commission now desire to clarify how below-grade floor area should be calculated with respect to certain properties located south of Fifth Street. 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 Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls or from the exterior face of an architectural projection, from the centerline of walls separating two attached buildings. For the purpose of clarity, floor area includes, but is not limited to, stairwells, stairways, covered steps, elevator shafts at every floor (including mezzanine level elevator shafts), and mechanical chutes and chases at every floor (including mezzanine level). For the avoidance of doubt, unless otherwise provided for in these land development regulations, floor area excludes only the spaces expressly identified below: (1) Accessory water tanks or cooling towers. (2) Uncovered steps. (3)Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches. (4) Terraces, breezeways, or open porches. (5) Floor space used for required accessory off-street parking spaces. However, up to a maximum of two spaces per residential unit may be provided without being included in the calculation of the floor area ratio. (6) Commercial parking garages and noncommercial parking garages when such structures are the main use on a site. (7) Mechanical equipment rooms located above main roof deck. (8) Exterior unenclosed private balconies. (9) Floor area located below grade when the top of the slab of the ceiling is located at or below grade. However, if any portion of the top of the slab of the ceiling is above grade, the floor area that is below grade shall be included in the floor area ratio calculation. Despite the foregoing, fed when the top of the slab of an existing ceiling of a partial basement is located above grade, one-half of the floor area of the corresponding floor that is located below grade shall be included in the floor area ratio calculation in the following instances: a. Eexisting contributing structures that are located within a local historic district, national register historic district, or local historic site. b. Structures located within Block 1 Properties as more specifically defined in section 7.2.15.3.f.i.4. (10) Enclosed garbage rooms, enclosed within the building on the ground floor level. (11) Stairwells and elevators located above the main roof deck. (12) Electrical transformer vault rooms. (13) Fire control rooms and related equipment for life-safety purposes. (14) Secured bicycle parking. Volumetric buildings, used for storage, where there are no interior floors, the floor area shall be calculated as if there was a floor for every eight feet of height. When transfer of development rights are involved, see chapter 118, article V for additional regulations that address floor area. SECTION 2. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 3. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 4. 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 Miami Beach City Code. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this )� day of .�u�! , 2023. ATTEST: JUL 2 8 2023 Dan Gelber, Mayor APPROVED AS TO PRE",''' , FORM AND LANGUAGE ^\ '� .�,�" afael E. Granado, City Clerk N_� & FOR EXECUTION��,••.: �•INI(OR�ATED. First Reading: June 28, 2023cti 26,�� . Z — �'3 Second Reading: July 26, 20 City Attorney �k Date Verified by: (L� TR6mas R. Moone , AICP Planning Director T:\Agenda\2023\6-July 2023\Planning\CPS Below Grade Floor Area-Second Reading ORD CH 1 ADOPTED.docx Ordinances - R5 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: July 26, 2023 3:05 p.m. Second Reading Public Hearing SUBJECT: CPS BELOW GRADE FLOOR AREA REQUIREMENTS 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 "GENERAL PROVISIONS," BY AMENDING SECTION 114-1. ENTITLED "DEFINITIONS," TO AMEND THE DEFINITION OF "FLOOR AREA" WITH RESPECT TO BELOW-GRADE AREAS OF A BUILDING; 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 February 22, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4 B) to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On April 19, 2023 the LUSC endorsed the proposal and recommended that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation. A commercial tenant in the 1 Ocean building, located on the north side of South Pointe Drive, between Ocean Drive and Collins Avenue, is seeking to build out and enclose an open area located behind existing commercial storefronts. According to the original permit plans for the build out of the commercial spaces at the 1 Ocean site, below grade areas were calculated at '/z floor area ratio (FAR)and such FAR was not utilized. At the time of the build out of the commercial spaces at the 1 Ocean site in 2012, the definition of floor area in the Land Development Regulations of the City Code (LDRs) contained an exception for areas of a building that were partially below grade. However, this exception for building areas partially below grade was amended in 2015 and limited to contributing structures in historic districts. As such, the commercial space at 1 Ocean is not currently eligible for the partially below grade floor area exception. ANALYSIS Page 889 of 1588 The attached draft ordinance proposes to amend the list of exceptions to the definition of floor area in Section 114-1 of the LDRs, specific to applicable parcels located within the Block 1 properties in the South of Fifth Street area. For reference. the Block 1 properties, as more specifically defined in Section 142-698 of the LDRs, are located within the block bounded by South Point Drive and First Street, between Collins Avenue and Ocean Drive, and include the 1 Ocean site. Currently, the definition of 'floor area', in Section 114-1, has a full exception for floor area located below grade when the top of the slab of the ceiling is located at or below grade; generally, grade is defined as sidewalk elevation. However, for existing contributing structures that are located within a local historic district, national register historic district, or local historic site, when the top of the slab of an existing ceiling of a partial basement is located above grade, only one-half of the floor area of the corresponding floor that is located below grade is included in the FAR calculation. The proposal herein would allow structures located within Block 1 Properties, as more specifically defined in section 142-698(a) of the LDRs, to be eligible for this exception pertaining to only one-half of the floor area of the corresponding floor that is located below grade being included in the floor area ratio calculation. The Administration is supportive of this proposal as it is limited in scope and consistent with the development regulations in place when the Block 1 parcels were previously developed. CITY C HART E R ANALYS IS Section 1.03(c)of the City Charter states, in part, 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 proposal reintroduces a FAR exemption that existed prior to the date of the adoption of the Charter Amendment (November 7, 2001) that was subsequently removed in 2015. As a result, this amendment does not contravene the requirements of the City Charter and the proposed ordinance can be considered for adoption by the City Commission. 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 (7-0). UPDATE The subject ordinance was approved at First Reading on June 28, 2023, with no changes. SUPPORTING SURVEY DATA Update Development Regulations FINANCIAL INFORMATION No Fiscal Impact Expected Page 890 of 1588 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? Yes No Legislative Trackino Planning Sponsor Commissioner Laura Dominguez ATTACHMENTS: Description o Ordinance Page 891 of 1588