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Ordinance 2024-4610HEIGHT REGULATIONS IN THE CCC DISTRICT ORDINANCE NO. 2024-4610 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 7.2.17, "CCC CIVIC AND CONVENTION CENTER DISTRICT," TO MODIFY THE HEIGHT LIMIT FOR HOTELS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the Miami Beach Civic and Convention Center (CCC) District is located in close proximity to the Flamingo Park, Palm View, and Museum Historic Districts as well as the Miami Beach Architectural National Register District; and WHEREAS, the aforementioned historic districts primarily consist of low to mid -rise buildings; and WHEREAS, the land development regulations currently allow for hotels in the CCC district to be developed with a maximum building height of 300 feet; and WHEREAS, it is in the best interest of the City to ensure that new development in the CCC district is compatible with the development patterns within the aforementioned historic districts; 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 7.2.17, "CCC Civic and Convention Center District," is hereby amended as follows: CHAPTER 7 ZONING DISTRICTS AND REGULATIONS ARTICLE II. DISTRICT REGULATIONS 7.2.17 CCC CIVIC AND CONVENTION CENTER DISTRICT 7.2.17.3 Development Regulations (CCC) a. The development regulations for the Civic and Convention Center District are as follows: DEVELOPMENT REGULATIONS TABLE (CCC) Maximum FAR 2.75 Maximum Density (Dwelling Units Per Acre) N/A Minimum Unit Size (square feet) N/A LOT OCCUPATION Minimum Lot Area (square feet) N/A Minimum Lot Width (feet) N/A BUILDING SETBACKS (3). Front Setback Subterranean Average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director. (2.) Pedestal Tower Front Setback Fronting . 17thStreet and Convention Center Drive Subterranean 10 feet at ground level 0 feet above 15 feet, as measured from DFE (1) Pedestal Tower Side, Facing a Street, Setback ® N/A Side, Interior Setback © 5 feet Rear Setback 0 0 feet DEVELOPMENT REGULATIONS TABLE (CCC) . O I I I I � I I ' cn I I co cc I � I 'a I' I I ' I ' I ......................... ._._...... Front BUILDING HEIGHT Maximum Height ® 100 feet Hotels WG150 feet 360 fee! 150 feet ....—_.._.........._..,..v....a_..-p.. ......v..y __---.—_--- --........----_— I E i k 1 6 I F I F 1 e I E I k I E I F I F I E I 1 I t I E I ! 1 t I E I I I C- I k I l 1 1 1 F I r 1 e I k I t 1 F I k I c I e F t 1 t I 6 I f 1 F I k I E I f 1 f I e F 1 FF -----------• -- -- ° ----------------- r---- E —t 1 ' I I E 1 4 1 f 1 [ 1 l F F 1 F 1 E 1 E 1 F 100 feet ! DFE (9FE ¢ Freeboard) BFE Future Crown of Road I DEVELOPMENT REGULATIONS TABLE (CCC) (a) Additionally, there shall be no permanent encroachments within this 10 -foot setback at the ground level, including, but not limited to, columns, raised platforms, raised terraces, and raised porches. This prohibition on encroachments shall not apply to stairs and accessibility ramps, including associated hand rails. (b) Other than the minimum setbacks set forth 'in the table above, the development regulations (setbacks, floor area ratio, signs, parking, etc.) shall be the average of the requirements contained in the surrounding zoning districts as determined by the planning and zoning director. Setback regulations for parking lots and garages when they are the main permitted use are listed in section 7.5.3.2.n. (c) Balcony projections setback requirement for a hotel use: 0 feet. SECTION 2. 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 3. 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 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 effect ten days following adoption. PASSED AND ADOPTED this ATTEST 4 - APR 0 8 2024 Rafael Granado, City Clerk First Reading: March 13, 2023 Second Reading: April 3, 202$ Verified by: 3 day of A r' l , 2024. Steven Meiner, Mayor Thomas R. Mbondy, AICP Planning Director TAAgenda\2024\3 March 2024\Planning\Height Regulations in CCC District- First Reading ORD.docx APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION P ORATE0.1 Ao City Attorney Date -��•• ��.'_- Sponsored by Mayor Steven Meiner ?�'•'�� Co-Sponsored by Commissioner Tanya K. Bhatt Co -Sponsored by Commissioner Laura Dominguez Cosponsored by Commissioner David Suarez Cosponsored by Commissioner Alex I Fernandez TAAgenda\2024\3 March 2024\Planning\Height Regulations in CCC District- First Reading ORD.docx Ordinances - R5 E MIAMIBEACH. COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak, City Manager DATE: April 3, 2024 10:30 a.m. Second Reading Public Hearing SUBJECT: HEIGHT REGULATIONS IN THE CCC DISTRICT 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 7.2.17, "CCC CIVIC AND CONVENTION CENTER DISTRICT," TO MODIFY THE HEIGHT LIMIT FOR HOTELS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance. On September 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and now Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (Item 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 October 24, 2023, the Planning Board held a public hearing and transmitted an ordinance to the City Commission with a favorable recommendation (7-0), which, among other things, amended the maximum building height requirements in certain zoning districts south of 23rd Street. On January 31, 2024, the City Commission approved the ordinance at First Reading and scheduled a Second Reading public hearing for February 21, 2024 (Item R5 X). On February 21, 2024, the City Commission adopted this ordinance. At First Reading on January 31, 2024, the City Commission also made a separate referral to the Planning Board to amend the height regulations in the Civic and Convention Center (CCC) District. The CCC district consists entirely of City -owned land, including the Convention Center, City Hall, the Botanical Gardens, the Holocaust Memorial, Pride Park, and the Fillmore Theater (see attached zoning/site map). Page 641 of 1445 ANALYSIS As noted above, on October 24, 2023, the Planning Board transmitted a proposed ordinance to the City Commission that modified the maximum height limits in the RM -3 district south of 23rd Street and the CD -2 Alton Road Gateway District. This ordinance was adopted by the City Commission on February 21, 2024. The height modifications were 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). After the Planning Board transmitted the ordinance, and prior to First Reading, it was determined that an additional amendment to the CCC district would be needed to ensure that the maximum building height in all zoning districts south of 23rd Street does not exceed 150 feet; the CCC district currently permits up to 300 feet in building height for hotel uses. As such, on January 31, 2024, the City Commission referred a Land Development Regulation (LDR) amendment to the Planning Board to amend the height regulations in the CCC district. The proposed ordinance amends section 7.2.17.3 of the Resiliency Code to reduce the maximum height limit for hotel uses in the CCC district from 300 feet to 150 feet. This proposal will not impact the proposed convention center hotel project, as it was previously approved by the Design Review Board with a building height of 185 feet and the approval remains active. The proposed amendment will ensure that any future hotels proposed in the CCC district would be more compatible with the nearby historic districts. PLANNING BOARD REVIEW On February 27, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). PU DAT E On March 13, 2024, the City Commission approved the ordinance at First Reading, with no changes, and scheduled a Second Reading / Public Hearing for April 3, 2024. Additionally, in 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 upon the legislation implementing best practices in urban planning. 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 published on the City's website (https://www miamibeachfl.gov/city-hall/city-clerklmeeting-notices/) on March 21, 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 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 Page 642 of 1445 SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION .No_Fiscal_Impact_Expected. CONCLUSION The Administration recommends the City Commission adopt the 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 Tracking Planning Sponsor Mayor Meiner and Commissioner Bhatt, Vice -Mayor Dominguez, Commissioners Suarez & Fernandez ATTACHMENTS: Description o Ordinance D Map Page 643 of 1445 CCC District - Map Page 649 of 1445