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Ordinance 2024-4591South Beach Development Regulations ORDINANCE NO.1 2024-4591 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.6, ENTITLED "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY"; SECTION 7.2.11, ENTITLED "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT"; SECTION 7.2.12, ENTITLED "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT".; AND SECTION 7.2.13, ENTITLED "MIXED USE ENTERTAINMENT DISTRICT"; TO MODIFY HEIGHT LIMITS AND SETBACK REQUIREMENTS IN AREAS OF THE CITY LOCATED SOUTH OF 23RD STREET; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Architectural District is a National Register Historic District that was designated in 1979; and WHEREAS, the Architectural District's boundaries generally span from 6th Street in the South to approximately 23 d Street and Collins Canal in the north, and the Atlantic Ocean on the east and Alton Court on the west; and WHEREAS, the Architectural District holds the largest collection of Art Deco buildings in the world as well as a range of other architectural styles; and . WHEREAS, properties fronting Ocean Drive and Collins Avenue that have a zoning designation of MXE Mixed Use Entertainment are located in the Ocean Drive/Collins Avenue Historic District, as well as the Miami Beach Architectural National Register Historic District; and WHEREAS, Ocean Drive and Collins Avenue are two of the premier streets in Miami Beach and provide residents and visitors with a unique cultural, retail, and dining experience and are vital to Miami Beach's economy, especially the tourism industry; and WHEREAS, the Architectural District and the beaches in the South Beach neighborhood are major attractions of vital importance to the City's economy; and WHEREAS, it is in the best interest of the City to ensure that shade on the beaches and oceanfront parks in the South Beach neighborhood is minimized in order to provide the best experience for users; and WHEREAS, it is in the best interest of the City to ensure that new development within and in the proximity of the Architectural District is compatible with the contributing buildings in the historic district; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. Chapter 7, entitled "Zoning Districts and Regulations, Article II, entitled "District Regulations," at Section 7.2.6, "RM -3 Residential Multifamily District," is hereby amended as follows: CHAPTER 7 ZONING DISTRICTS AND REGULATIONS ARTICLE II. — DISTRICT REGULATIONS 7.2.6 RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY 7.2.6.3 Development Regulations (RM -3) a.The development regulations in the RM -3 residential multifamily, medium intensity district are as follows: DEVELOPMENT REGULATIONS TABLE (RM -3) BUILDING HEIGHT Maximum Height (E) 150 feet (5) (6) Oceanfront lots 200 feet north of 23rd Street; 150 feet south of 231q Street Architectural district, New Construction 120 feet.(5) Ground floor additions (whether attached or detached) to existing structures on oceanfront lots 50 feet (3) (1) Notwithstanding the above, oceanfront lots in architectural district shall have a maximum FAR of 2.0 (2) Notwithstanding the above, lots which, as of the effective date of this ordinance (November 14, 1998), are oceanfront lots with a lot area greater than 100,000 square feet with an existing building, shall have a maximum FAR of 3.0; however, additional FAR shall be available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 square feet. (3) Except as provided in section 7.5.2. (4) Notwithstanding the foregoing, rooftop additions to contributing structures in a historic district and individually designated historic district buildings may follow existing nonconforming side, interior pedestal setbacks. (5) Notwithstanding the above, oceanfront lots located in the Miami Beach Architectural District shall be permitted to construct detached additions at a height not to exceed 25 feet and shall have setback requirements as follows: 1. Side, interior: 5 feet: 2. Side, street: 5 feet. 3. Rear: 10 percent (10%) of lot depth or the western edge of the Oceanfront Overlay, whichever is greater. (6) In the Morris Lapidus/Mid-20th Century Historic District the following shall apply: Roof -top additions, whether attached or detached, may follow the established lines of the interior side setbacks of the existing structure on the site, subject to the review of the historic preservation board. (7) Excluding Accessory Building. (8) For contributing hotel structures, located within an individual historic site, a local historic district or a national register district, which are 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 and sizes of at least 200 square feet shall be permitted. Additionally, the 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.. (9) The number of units may not exceed the maximum density set forth in the comprehensive plan. 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: 7.2.11 CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT 7.2.11.5 WASHINGTON AVENUE (CD -2) a. Location and Purpose (Washington Ave — CD -2) The following regulations shall apply to properties that'front Washington Avenue between 6th Street and 16th Street. b. Development Regulations (Washington Ave — 0-2) The following regulations shall apply to properties that front Washington Avenue between 6th Street and 15th Street, referred to herein as "South Washington Avenue," and between 15th Street and 16th Street, referred to herein as "North Washington Avenue, in the event of a conflict within this division, the regulations below shall apply: DEVELOPMENT REGULATIONS TABLE (-WASHINGTON AVE - CD -2) Maximum FAR 1.5 Maximum Density 100 DUA (Dwelling Units Per Acre) Minimum and minimum average Unit Size (square .feet) See section 7.2.11.3.a Supplemental Minimum Unit Size See section 7.2.11.5.c. below. LOT OCCUPATION Minimum Lot Area (square feet) None Minimum Lot Width (feet) None Maximum Lot Coverage (% of lot area) None BUILDING SETBACKS Lots with frontage equal or less than 100 feet (Pursuant to section 7.2.11.3.a BUILDING SETBACKS Lots with frontage greater than 100 feet Front Setback Subterranean 0 feet Ground Level 0 feet See section 7.1.2.2 Above the ground level up to 35 feet in height 5 feet min (for parking garages with liners) 10 feet min (for parking garages without liners) 15 feet min (for all other uses) Above 35 feet in height up to 75 feet 5 feet min (for parking garages with liners) 10 feet min (for parking garages without liners) 30 feet min (for all other uses) Above 75 feet in height 110 feet Side, Facing a Street Setback Subterranean 0 feet Nonresidential Uses 0 feet See section 7.1.2.2 Residential and Hotel Uses 7.5 feet See section 7.1.2.2 Above 75 feet in height for 45 feet all uses Side, Interior Setback Subterranean 0 feet Nonresidential Uses 0 feet Residential and Hotel Uses 7.5 feet or 8% of lot width (whichever is greater, up to 10 feet) 7.5 feet (when abutting a nonresidential or non -hotel use) Above 75 feet for all uses 45 feet Rear Setback 0 Subterranean 0 feet Ground Level 0 feet Above the Ground Level 10 % of lot depth 0 feet (for parking garage floors above the minimum truck clearance) 7.2.11.7 ALTON ROAD GATEWAY AREA (CD -2) a. Location and Purpose (Alton Road Gateway Area- CD -2) The Alton Road Gateway Area incorporates the parcels in the area bounded by 8th Street on the north, Alton Road on the east, 5th Street/MacArthur Causeway/SR A1A on the south, and West Avenue on the west; excluding lots 15 through 22 of the Amended Fleetwood Subdivision, according to the plat thereof recorded in Plat Book 28, page 34, of the Public Records of Miami -Dade County, Florida. b. Development Regulations (Alton Road Gateway Area- CD -2) The following regulations shall apply to properties in the Alton Road Gateway Area. DEVELOPMENT REGULATIONS TABLE (ALTON ROAD GATEWAY AREA- CD -2) BUILDING HEIGHT Maximum Height Main Use Residential 54-3 60 feet (1) Non -Residential 40.feet (1) SECTION 3. Chapter 7, entitled "Zoning Districts and Regulations, Article II, entitled "District Regulations.," at.Section 7.2.13,. "Mixed Use Entertainment District," is hereby amended as follows: 7.2.13 MIXED USE ENTERTAINMENT DISTRICT 7.2.13.3 Development Regulations (MXE) a. The development regulations in the MXE mixed use entertainment district are as follows: DEVELOPMENT REGULATIONS TABLE (MXE) ' BUILDING SETBACKS Front Setback ® Oceanfront Non -Oceanfront Subterranean N/A N/A Pedestal 50 feet (3) 10 feet Lots 100 feet in width N/A 20 feet or greater Tower 59.110 feet 59 110 feet Front Setback Lots 900 ft in width or greater with a ten -foot -deep Oceanfront Non -Oceanfront covered terrace running substantially the full width of the building front. 5 feet (4) Furthermore, the front setback shall be extended to include at least one Pedestal N/A forecourt, open to the sky, with a minimum width of 90 feet and a minimum area of 3 square feet for every linear foot of lot frontage. Tower N/A -110 feet 59 110 feet (4) Side, Facing a Street Setback Oceanfront Non -Oceanfront Subterranean N/A N/A 10 % of the lot width + 5 Pedestal feet, not to exceed 25 feet. 4) Lots less than 100 feet 5 feet (4) in width 15 % of the lot width + 5 feet (4) 4G 25 % of the lot width + 5 Tower feet, not to eXGee J 25 foo+ 4 Lots less than 100 ft in 45 feet (4) width — Side, Facing a Street Setback Lots 900 feet in width or greater with a ten foot -deep Oceanfront Non -Oceanfront terrace running substantially the full side length of the building, -with a minimum floor - to -ceiling height of 92 feet Pedestal N/A 5 feet (4) Furthermore, the setback shall be extended to include at least one forecourt, open to the sky, with a minimum of 9, 000 square feet and a minimum average depth of 20 feet. The long edge of the forecourt shall be along the side property line. The area of the forecourt shall be increased by an additional 50 square feet for every one foot of building height above 30 feet as measured from grade. Tower -775 45 feet (4) - Side, Interior Setback © Oceanfront . Non -Oceanfront Subterranean N/A N/A Pedestal 15 % of the lot width (4) 5 feet (4) 7.5 feet (4) Tower 25 feet (Architectural District) (4) Rear Setback QD Oceanfront Non -Oceanfront Subterranean N/A N/A Pedestal 25 percent (25%) of the lot 10 feet (4) depth or 75 feet minimum 10 feet (In Architectural Tower from.the bulkhead line, whichever is greater (4) District if abutting and alley) (4) ---------------;- - - - - - - i s G I I y I ; 1 ----------------------- 7 --------- . 1 Front Front (1) Rooftop additions. • Restrictions. There shall be no rooftop additions to existing structures in the following areas: non -oceanfront lots fronting Ocean Drive in the MXE zoning district. No variance from, this provision shall be granted. • Additional regulations. Existing structures within an historic district shall only be permitted to have habitable one-story rooftop additions (whether attached or detached), with a maximum floor to ceiling height of 12 feet except as hereinafter provided. No variance from this provision shall be granted. The additions shall not be visible when viewed at eye .level (5 feet and 6 inches from grade) from the opposite side of the adjacent right-of-way; for corner properties, said additions shall also not be visible when viewed at eye level from the diagonal corner at the opposite side of the right-of-way and from the opposite side of the side street right-of-way. Notwithstanding the foregoing, the line-of=sight requirement may be modified as deemed appropriate by the historic preservation board based upon the following criteria: (i) the addition enhances the architectural contextual balance of the.surrounding area; (ii) the addition is appropriate to the scale and architecture of the existing building;. (iii) the addition maintains the architectural character of the existing building in an appropriate manner; and (iv) the addition minimizes the impact of existing mechanical equipment or other rooftop elements. (2) An additional 5 feet of height is allowed if the nonresidential first habitable level is at least 14 feet in height, as measured from DFE, to the top of the second floor slab. (3) Sculptures, fountains or architectural features when approved by the design review board are permitted .in the required front yard. (4) Existing structures which are being substantially renovated are permitted to retain the existing setback areas; however, the setback area shall not be reduced. When additional floors are constructed, they shall be permitted to retain the same setbacks as the existing- floors..The provisions of Section 2.12.19 relating to bulk shall not,be applicable to the foregoing setback requirements. (5) The number of units may not exceed the maximum density.set forth in the comprehensive plana (6) 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. b. Regulations for new construction. (MXE) In the MXE district, all floors of a building containing parking spaces shall comply with. section 7.1.6. c. Lot aggregation. (MXE) No more than two (2) contiguous platted lots may be aggregated for development purposes. SECTION 4. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 5. 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 .renumbered or relettered to accomplish such intention; .and that the word 'ordinance" may be changed to "section" or other appropriate word. SECTION 6. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 7. EFFECTIVE DATE AND APPLICABILITY. This Ordinance shall take effect ten days following adoption. The terms of this ordinance shall not apply to any development undertaken pursuant to an unexpired Historic Preservation Board application with a Citizens Self Service (CSS) Plan Number that has been issued a notice to, proceed and has been reviewed at a public hearing -before October 24, 2023. PASSED AND ADOPTED this day of *e6ruGr` , 2024 MAR — .2024 Steven Winer, Mayor ATTEST: MAR b — Rafael E. Granado, City Clerk 2024 First Reading: January 31, 2034 Second Reading: February , 2 24 Verified by: mas R. Mooney, AICP Planning Director APPROVED AS TO' FORM AND LANGUAGE & FOR EXECUTION City Attorney Date Sponsored by Commissioner Laura Dominguez Co -Sponsored by Commissioner Alex J. Fernandez Co -Sponsored by Mayor Steven Meiner Co -Sponsored by Commissioner Tanya K Bhatt Co -Sponsored by Commissioner David Suarez T:\Agenda\2024\2 February 2024\Pl6nning\South Beach Development Regulations - Second Reading ORD ADOPTED.docx Ordinances - R5 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: February 21, 2024 10:15 a.m. Second Reading Public Hearing SUBJECT: SOUTH BEACH DEVELOPMENT REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 11, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.6, ENTITLED "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY"; SECTION 7.2.11, ENTITLED "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT"; SECTION 7.2.12, ENTITLED "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT"; AND SECTION 7.2.13, ENTITLED "MIXED USE ENTERTAINMENT DISTRICT"; TO MODIFY HEIGHT LIMITS AND SETBACK REQUIREMENTS IN AREAS OF THE CITY LOCATED SOUTH OF 23RD STREET, AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the subject ordinance. • 7 • On September 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and then Commissioner/newly elected Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (C4 R). The purpose of this referral was for Planning staff to draft ordinance amendments to clarify the requirements of the Act within the City's development regulations and to address the maximum building height provisions set forth in the Act. On March 24, 2023, the Florida Legislature adopted Senate Bill 102, known as the "Live Local Act' which, in pertinent part, provides development incentives and overrides certain local zoning regulations for developments that provide at least 40% workforce housing in commercial, industrial, and mixed-use districts. Specifically, the Live Local Act amends section 166.04151, Florida Statutes, entitled "Affordable Housing," to add the following text: (7)(a) A municipality must authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the Page 483 of 1278 residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes. (b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any land in the municipality where residential development is allowed. (c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located inits jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher. (d) A proposed development authorized under this subsection must be administratively approved and no further action by the governing body of the municipality is required if the development satisfies the municipality's land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements. (e) A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the municipality's land development code, and the major transit stop is accessible from the development. (t) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential. (g) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations. For reference, section 420.0004, Florida Statutes, defines affordable as follows: `Affordable" means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17). (9) "Extremely -low-income persons" means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation Page 484 of 1278 may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income. (11) "Low-income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (12) "Moderate -income persons" means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for*households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. (17) "Very -low-income persons" means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater. The Live Local Act allows for development to provide housing for "Moderate -income persons," which is for households with an income that is less than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA). This definition is more closely related to the City of Miami Beach's definition of workforce housing, which allows for incomes up to 140 percent of the median family income. The Florida Legislature, as part of the 2024 legislative session, is considering modifications to the Live Local Act that include the preemption of local regulations pertaining to maximum floor area (FAR). ANALYSIS The proposed ordinance is intended to address the potential impacts of building heights that may be permitted under the Live Local Act (the Act), particularly in relation to the historic districts in South Beach. The Act applies to mixed use and commercial districts, and the MXE and CD -2 zoning districts would be most directly impacted in South Beach. The proposed ordinance is specific to new development within and adjacent to the Miami Beach Architectural District (National Register Historic District), which is located south of 23rd Street. To ensure continued compatibility with the historic scale, character, and context of the district, the subject ordinance proposes to amend the regulations of the RM -3, CD -2, and MXE districts (see attached map of affected areas). The following is a summary of the proposed amendments: Page 485 of 1278 - A reduction in the maximum building height limit in the RM -3 district south of 23rd Street from the current maximum of 200 feet to 150 feet. - A reduction in the maximum building height limit for main use residential buildings located within the Alton Gateway overlay from the current maximum of 519 feet to 150 feet. - Modifications to the setback regulations for the CD -2 portion of Washington Avenue as follows: o Establish a minimum front setback requirement of 110 feet for any portion of new buildings above 75 feet in height. o Establish a minimum side facing a street setback requirement of 45 feet for any portion of new buildings above 75 feet in height. o Establish a minimum interior side setback requirement of 45 feet for any portion of new buildings above 75 feet in height. - Modifications to the MXE development regulations as follows: o Increase the minimum front tower setback requirement to from the current requirement of 50 feet to 110 feet. o Increase the minimum side facing a street tower setback requirement for lots greater than 100 feet in width from the current requirement of 10% of the lot width plus 5 feet to 25% of the lot width plus 5 feet. o Increase the minimum side facing a street tower setback for lots less than 100 feet in width from the current requirement of 5 feet to 45 feet. o Increase the minimum interior side tower setback from the current requirement of 5 feet to 25 feet. o Increase the minimum rear tower setback facing an alley from 0 feet to 10 feet. o Establish a maximum lot aggregation limit of two (2) contiguous platted lots. For reference, the tower is defined as the portion of a building that exceeds 50 feet in height above the design flood elevation (DFE). Attached is a map showing all areas of South Beach within a one -mile radius of the Architectural District. Although the RM -3 district does not fall within the regulatory purview of the Act, it is within a one -mile radius of the Architectural District. As such, amendments to the height regulations in the RM -3 district, as well as the Alton Gateway area, which is also within a one - mile radius, are proposed to address new development projects in the MXE and CD -2 districts. The proposed modifications to the maximum height limits in the RM -3 district south of 23rd Street, as well as the CD -2 Alton Road Gateway District, are intended to establish a 150 -foot cap on maximum building heights permitted south of 23rd Street (generally the northern boundary of the Miami Beach Architectural District). However, after the Planning Board transmittal of the ordinance, it was realized that an additional amendment to the Civic and Convention Center (CCC) district would also be needed, as the CCC district permits up to 300 feet in building height for hotel uses. As such, if the proposed height limits remain in the ordinance, a separate referral to the Planning Board to amend the CCC district regulations would be required to ensure that all zoning districts south of 23rd Street have a maximum building height limit of 150 feet. The tower setback modifications proposed for the MXE district and the CD -2 district fronting Washington Avenue will ensure that future developments above 75 feet in height will be well Page 486 of 1278 setback from abutting street frontages and adjacent properties. This will minimize the potential impact of the tower portion of a future building on adjacent properties, rights of way, public parks, and beaches. The limitation on lot aggregation will ensure that new development is consistent with the historic development pattern of Ocean Drive and Collins Avenue. PLANNING BOARD REVIEW On October 24, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board, by separate motions, made the following additional recommendations: 1. The City Commission explore allowing existing buildings with legal nonconforming building height to be considered legally conforming (6-1). 2. The City Commission direct staff to review the development regulations of other neighborhoods in the City to ensure that the existing regulations are appropriate (7-0). SUMMARY The proposal to create a uniform height limit of 150 feet south of 23rd Street would begin to address some of the potential compatibility issues with future development projects that propose to utilize the provisions of the Live Local Act. Although a maximum height of 150 feet is higher than the current building height regulations in the CD -2 and MXE districts, it is lower than 519 feet. Some properties within the RM -3 district have a maximum FAR of up to 3.0 and a decrease in allowable building height lower than 150 feet could impact the distribution of the maximum FAR permitted for these properties. Although a reduction in maximum building height in the CCC and RM -3 districts would result in several structures becoming legal non -conforming, all approved projects may continue to move forward. Reducing maximum building heights to 150 feet will not, by itself, fully address compatibility issues within the CD -2 and MXE areas of South Beach. In this regard, most existing structures in these areas are already much lower in height, and the current maximum height limit for ,new construction is limited to between 50 feet and 75 feet. Lowering all maximum building heights to 75 feet (or less) south of 23rd Street would better address compatibility issues in these areas. However, such a reduction in height would have corresponding implications on those areas within a one -mile radius that are currently zoned for higher intensity. The current limits on intensity (FAR) within the areas of the City affected by the provisions of the Live Local Act go a long way in controlling the overall size of any future projects that may be eligible for the provisions of the Act. However, it appears that the State is considering legislation that would preempt local FAR regulations. As such, the proposed modifications to maximum building height, as well as the minimum setback requirements in .the CD -2 and MXE districts, and establishing a maximum lot aggregation requirement in the MXE district, will ensure that if excess building mass is proposed it will be well contained. UPDATE On January 31, 2024, the City Commission approved the subject ordinance at First Reading with no changes. Additionally, the City Commission took the following action: 1. Pursuant to Section 2.3.2 of the Land Development Regulations of the City Code, the City Page 487 of 1278 Commission waived the annual zoning cycle restriction for the subject amendment and scheduled a Second Reading public hearing for February 21, 2024. 2. A separate referral was made by the City Commission to the Planning Board to amend the height regulations in CCC district. 3. 1 n accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based on circumstances unique to the proposed amendment. BUSINESS IMPACT ESTIMATE In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As noted in the attached and published on the City's website on January 11, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations. LOBBYIST DISCLOSURE In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the primary item sponsors as it relates to the subject ordinance amendment: 1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No 2. If so, specify name of lobbyist(s) and principal(s): Not Applicable 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 South Beach Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Yes Legislative Tracking_ Planning Does this item utilize G.O. Bond Funds? No Sponsor Commissioners Dominguez & Fernandez, Mayor Meiner, Commissioners Bhatt & Suarez Page 488 of 1278 ATTACHMENTS: Description ❑ Ordinance ❑ Map ❑ Map - 1 mile radius ❑ BIE Statement SIGNED ❑ South Beach Development Regulations - Fernandez Amendment Page 489 of 1278 South Beach Development Regulations - Map of Affected Districts Page 501 of 1278 %V ■ _`` 't AIIllia: Its r 11 la, 51 1"1 III � �� ��� ►� . Ll r'?a__ ac c= =_. _. oL t N= Fill. ���� €1=c '- i I MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: Mayor Steven Meiner and Members of the City Commission FROM: Alina T. Hudak, City Manager�G��t'' MEETING DATE: January 31, 2024 SUBJECT: BUSINESS IMPACT ESTIMATE FOR: SOUTH BEACH DEVELOPMENT REGULATIONS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.6, ENTITLED "RM -3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY"; SECTION 7.2.11, ENTITLED "CD -2 COMMERCIAL, MEDIUM INTENSITY DISTRICT'; SECTION 7.2.12, ENTITLED "CD -3 COMMERCIAL, HIGH INTENSITY DISTRICT'; AND SECTION 7.2.13, ENTITLED "MIXED USE ENTERTAINMENT DISTRICT"; TO MODIFY HEIGHT LIMITS AND SETBACK REQUIREMENTS IN AREAS OF THE CITY LOCATED SOUTH OF 23RD STREET; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. Is a Business Impact Estimate Required? ❑ Yes X No (If no, please check one of the boxes below) If one or more boxes are checked below, this means the City of Miami Beach has determined that a Business Impact Estimate for the above -referenced Ordinance is not required by State law. ❑ The proposed Ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed Ordinance relates to the issuance or refinancing of debt; ❑ The proposed Ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed Ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the City; ❑ The proposed Ordinance is an emergency ordinance; ❑ The Ordinance relates to procurement; or ® The proposed Ordinance is enacted to implement the following: a. Part II of Chapter 163, Florida Statutes, relating to growth policy, county and municipal planning, and land development regulation, including zoning, development orders, development agreements and development permits; Page 503 of 1278 January 31, 2024 Page 2 b. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; c. Section 553.73, Florida Statutes, relating to the Florida Building Code; or d. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. Page 504 of 1278 January 31, 2024 Page 3 If none of the above exceptions apply, this Business Impact Estimate is hereby provided in accordance with Section 166.041(4), Florida Statutes. 1. A summary of the proposed Ordinance and its purpose is more fully set forth in the Commission Memorandum accompanying the Ordinance, as well as in the recitals to the Ordinance itself, which are attached hereto. 2. An estimate of the direct economic impact of the proposed Ordinance on private, for- profit businesses in the City of Miami Beach, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; (b) Any new charge or fee imposed by the proposed Ordinance or for which businesses will be financially responsible; and (c) An estimate of the City's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. Not 3. Good faith estimate of the number of businesses likely to be impacted by the proposed Ordinance: Not Applicable 4. Additional comments: Page 505 of 1278 Proposed Amendment by Commissioner Alex J. Fernandez February 21, 2024 SECTION 7. EFFECTIVE DATE AND APPLICABILITY. This Ordinance shall take effect ten days following adoption. The terms of this ordinance shall not apply to an development undertaken pursuant to an unexpired Historic Preservation Board application with a Citizens Self Service (CSS) Plan Number that has been issued a notice to proceed and has been reviewed at a public hearing before October 24, 2023. Page 506 of 1278