Ordinance 2024-4655 Eliminate .5 FAR Bonus for Hotels Located Within CD-2 Districts in South Beach
ORDINANCE NO. 2024-4655
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 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 MODIFY THE
FLOOR AREA RATIO BONUS FOR HOTEL USES 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
development including businesses, services, offices, and related uses which serve the entire City;
and
WHEREAS, the Land Development Regulations incentivize mixed-use development in
certain neighborhoods, in order to promote residential living with access to unique, diverse, and
complementary businesses; 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 increased floor area ratio
applicable to mixed use buildings may be utilized; and
WHEREAS, the Mayor and City Commission desire to modify the current FAR bonus in
certain CD-2 zoning districts as to projects that include hotel units.
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 7.2.11, "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 1 of 4
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)(9)(10)
more than 25 percent(25%)of
the total area of a building is
used for residential;or
residential office,or hotel
tis)
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 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.
Page 2 of 4
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.
10. The 0.5 floor area ratio (FAR) bonus (for a total FAR of 2.0) for Mixcd Usc Buildings (as
defined in the table) shall only apply to properties located on Washington Avenue and
Collins Avenue south of 63rd Street. For all othcr CD 2 properties, the maximum FAR for a
site containing a hotel unit, suite hotel unit or hostel, shall be 1.5 and the FAR provision for
unit or hostel.
10. Notwithstanding the above regulations, the maximum floor area ratio (FAR) for a site
containing a hotel unit, suite hotel unit, or hostel shall be 1.5.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith 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 re-numbered or re-lettered 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.
Page 3 of 4
SECTION 5. APPLICABILITY
This Ordinance shall not apply to properties fronting Washington Avenue that have an
active land use board application with a hearing file number and where a notice to proceed to
public hearing has been issued by the City prior to July 1, 2024.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 30 day of Oc. dE✓ , 2024.
Steven Meiner, Mayor
ATTEST:
NOV 0 5 2024
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
OP8d7J2®z+-
City Attorney Lk Date
First Reading: September 11, 2624
Second Reading: '+tober 30 0
ia
Verified By: 1",f2,4,4,Thosas R. Mooney, "''CP %% ':IORATED
Planning Director :1`'_
Sponsored by Commissioner Alex J. Fernandez
Co-Sponsored by Commissioner Tanya K.Bhatt
Co-Sponsored by Commissioner Joseph Magazine
Co-Sponsored by Commissioner David Suarez
T:\Agenda\2024\8 September 2024\Planning\Eliminate.5 FAR Bonus for Hotels in CD2 District in South Beach-First Reading
ORD.docx
Page 4 of 4
Ordinances - R5 Q
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: October 30, 2024 5:02 p.m. Second Reading Public Hearing
TITLE: ELIMINATE 0.5 FAR BONUS FOR HOTELS LOCATED WITHIN CD-2 DISTRICTS
IN SOUTH BEACH
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 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 MODIFY THE
FLOOR AREA RATIO BONUS FOR HOTEL USES IN THE CD-2 DISTRICT; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission ("City Commission") adopt
the ordinance.
BACKGROUND/HISTORY
On December 13, 2023, at the request of Commissioner Alex Fernandez, the City Commission
referred a discussion (item C4 N) pertaining to the 0.5 floor area ratio (FAR) bonus available to
hotel uses in the CD-2 zoning district to the Land Use and Sustainability Committee (LUSC).
Commissioners Tanya K. Bhatt, Joseph Magazine and David Suarez were co-sponsors of the
item.
On March 5, 2024, the LUSC discussed the item and recommended that the City Commission
refer an ordinance amendment to the Planning Board to repeal the 0.5 FAR bonus for hotels in
the CD-2 district along Alton Road, as well as in the CD-2 districts in North Beach. The LUSC
continued the discussion pertaining to the 0.5 FAR bonus for hotels located in the CD-2 district
along Washington Avenue and Collins Avenue in South Beach, to the June 10, 2024 LUSC
meeting.
On April 3, 2024, the City Commission referred the ordinance to repeal the 0.5 FAR bonus for
hotels in the CD-2 district along Alton Road, as well as in the CD-2 districts in North Beach, to the
Planning Board. On May 28, 2024, the Planning Board transmitted the ordinance to the City
Commission with a favorable recommendation. The City Commission approved this ordinance at
First Reading on June 26, 2024 and adopted the ordinance at Second Reading on July 24, 2024.
On June 10, 2024, the LUSC recommended that the City Commission refer an ordinance
amendment to the Planning Board to repeal the 0.5 FAR bonus for hotels in the CD-2 districts
along Washington Avenue and Collins Avenue in South Beach. On June 26, 2024, the City
Commission referred this ordinance to the Planning Board. Commissioners Tanya K. Bhatt,
• Joseph Magazine and David Suarez were co-sponsors.
Page 979 of 2497
•
ANALYSIS
Pursuant to Section 7.2.11.3 of the Land Development Regulations-of the City Code (LDRs), the
maximum floor area ratio in the CD-2, commercial medium intensity, zoning district is 1.5.
However, "when more than 25 percent (25%) of the total area of a building is used for residential
or hotel units,"the maximum FAR is 2.0.
At the direction of the LUSC on March 5, 2024, the Administration made presentations to the
Planning Board and Washington Avenue Business Improvement District(BID), to obtain feedback
on the proposed elimination of the 0.5 FAR bonus for hotel uses in the CD-2 districts along Collins
and Washington Avenues in South Beach. The following is a summary of the feedback received
from these bodies:
Planning Board
On March 26, 2024, city staff presented the proposal to the Planning Board; the Board discussed
the proposal and requested additional information, such as input from the Washington Avenue
BID. Some members of the Board indicated support for the proposal, and there was no opposition,
but the Planning Board concluded more information would be needed before a formal
recommendation could be provided.
Washington Avenue BID
On April 11, 2024, city staff presented the proposal to the Washington Avenue BID. The members
of the BID were not supportive of a roll back of the 0.5 FAR bonus for hotels in the CD-2 district
along Washington Avenue. However, the BID members were all supportive of incentives for
increasing and promoting residential development along Washington Avenue.
As noted herein,the City Commission adopted an ordinance at Second Reading on July 24, 2024,
which removed the 0.5 FAR bonus for a site containing a hotel unit, suite hotel unit or hostel in
the CD-2 districts along Alton Road, as well as in North Beach. This ordinance excluded the CD-2
districts on Washington and Collins Avenues in South Beach.
The attached ordinance proposes to remove the 0.5 FAR bonus for a site containing a hotel unit,
suite hotel unit or hostel in all CD-2 districts, including the CD-2 districts on Washington Avenue
and Collins Avenue in South Beach. Essentially, the proposed ordinance expands the provisions
of the ordinance adopted on July 24, 2024 to all CD-2 districts in the City, as recommended by
the LUSC.
PLANNING BOARD REVIEW
On July 24, 2024, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (5-1).
UPDATE
The subject ordinance was approved at First Reading on September 11, 2024, with no changes.
FISCAL IMPACT STATEMENT
No Fiscal Impact Expected
Does this Ordinance require a Business Impact Estimate? Yes
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on: 8/14/2024.
See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/
Page 980 of 2497
FINANCIAL INFORMATION
N/A
CONCLUSION
The Administration recommends that the City Commission adopt the ordinance.
Applicable Area
South Beach
Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond
pursuant to City Code Section 2-17? Project?
Yes No
Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481,
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Planning
Sponsor(s)
Commissioner Alex Fernandez
Co-sponsor(s)
Commissioner Tanya K. Bhatt
Commissioner Joseph Magazine
Commissioner David Suarez
Condensed Title
5:02 p.m. 2nd Rdg, Eliminate 0.5 FAR Bonus for Hotels in CD-2 Districts-SB. (AF/TB/JM/DS) PL
5/7
f r 4
Page 981 of 2497
•
R.,
SUNDAY OCTOBER B 2024 1 I NEIGHBORS et I 250W
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
NORTH BEACH COMPREHENSIVE USE REGULATIONS ELIMINATE 0.5 FAR BONUS FOR HOTELS LOCATED
ORDINANCE AMENDING THE
DISTRICTS" T SECTION 73RESILIENCY A TDECO MIMO TCOMM COMMITLED ERCIAL WITHIN CD-2 DISTRICTS IN SOUTH BEACH
CHARACTER OVERLAY DISTRICT"TO REMOVE THE"OCEAN TERRACE/ ORDINANCE AMENDING THE RESILIENCY CODE, BY AMENDING
HARDING TOWNSITE AREA"FROM THE BOUNDARIES OF THE OVERLAY
AND BY ESTABLISHING SECTION 7.3.10 ENTITLED"NORTH BEACH CHAPTER 7,ENTITLED"ZONING DISTRICTS AND REGULATIONS,"
COMMERCIAL CHARACTER OVERLAY" BY AMENDING SECTION 7.2.11.3,ENTITLED"DEVELOPMENT
OCTOBER 30,2024 REGULATIONS(CD-2),11 TO MODIFY THE FLOOR AREA RATIO
CITYonCOMMISSION MEETING BONUS FOR HOTEL USES IN THE CD-2 DISTRICT
NOTICE IS HEREBYr and
GIVEN that on Odnn,030,2l3Iy 5:04 Ben h as soon!Narcotic./as fse mailer can
be hoard,tin Mayor antl City Comml+:sinnnra of the Oly of Miami Bench x111 IoW n Second Reading/Public
Hearing on Iho proposed Ordnance. OCTOBER 30,2024
NORTH BEACH COMPREHENSIVE USF REGIS ATIONR CITY COMMISSION MEETING
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA,
AMENDING 7HE RESILIENCY CODE OF THE CITY OF MIAMI BEACH.BY AMENDING CHAPTER 7,ENTITLED NOTICE IS HEREBY GIVEN h1131 on Wolin 70.2024,11512 pin.,m DS Sam thereafter as LOU mazer can be board,Inc Mayor
'ZONING DISTRICTS AND REGULATIONS.ARTICLE 3,ENTITLED'OVERLAY DISTRICTS;AT SECTION 7,3.7, and City Contnta,ieneis el the City el Miami Beach will told a Stosel Realb.IiJPuhte Nance all the lololvilnj purposed OlI000 ,:
-ART DECO MIMO COMMERCIAL CHARACTER OVERLAY DISTRICT,'TO REMOVE THE'OCEAN TERRACE!
HARDING TOWNSITE AREA'FROM THE BOUNDARIES OF THE OVERLAY:AND BY ESTABLISHING SECTION Ft IMITATE 05 FAR GRIN FOR HMI SI OCATFD WITHIN LOP OLSTRICIS IN 51111TH REACT{
7.3.10.ENTITLED'NORTH BEACH COMMERCIAL CHARACTER OVERLAY'II)TO INCORPORATE THE PRE-
EXISTING REGULATIONS FROM THE ART DECO/MIMO COMMERCIAL CHARACTER OVERLAY THAT ARE AN ORDINANCE OF THE MAYORANOCITY COMMISSION OF THE CITYOFMIAMIBEACII,FLERIDA,AMENDINGTHE RESIDENCY
APPLICABLE TO THE'OCEAN TERRACE/HARDING TowNSITttE AREA;(21 TO PROVIDE LIMITS ON THE CODE OF THE CRY OF MIANJ BEACH,BY AMENDING CHAPTER 1,ENTITLED'ZONING VISTHI;US AND REGULATIONS.'
NUMBER OF PACKAGE LIQUOR STORES,CHECK CASHING STORES,CONVENIENCE STORES.AND TATTOO ARTICLEII,°DISTRICT REGULATIONS.'SECTION 7,2.11,"CO-2 COMMERCIAL,MEDIUM INTENSITY DISTRICT,BY/WENDING
STUDIOS LOCATED NORTH OF 63RD STREET.AND(3)TO PROHIBIT TOBACCO AND WIPE DEALERS. SECTION 7.2.11.3,ENTITLED'DEVELOPMENT REGULATIONS ICD-2).'TO MODIFY'HE FLOOR AREA RATIO BONUS FOR
CCCULT SCIENCE ESTABLISHMENTS,USES N O VITAMIN STORES,PAWN:P SHOPS,SOUVENIR ANDE:T-SHIRT SHOPS. HOTEL USES IN THE CO2 DISTRICT;AND PROVIDING FOR CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE
AND RELATED NUISANCE USES NORTH OF 63RD STREET:PROVIDING FOR REPEALER:SEVERABILITY:
CODIFICATION;AND AN EFFECTIVE DATE.this Ordinance is being heard pursuant to Chapter 2.Article N of An DATE.This Ordinance Is being heard pursuant to Chaplet 2,Article Ar of lhv Resiliency Code,loom maybe dreefed to
Resiliency Code.?weeks may be deeded to Tho Manning Department H1306.073.7550. elle Mannino Department at 305673.7550.
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NA lA��/tIREACI-� CM 01MMIAIvMIBEACH CdyofhSnMUI701
City
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Page 986 of 2497