Ordinance 2025-4688 2025.4688
Unified Development Site- LDR Text Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH
RESILIENCY CODE, BY AMENDING CHAPTER 2, ENTITLED
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE It,
ENTITLED "GENERAL DEVELOPMENT APPLICATION AND HEARING
PROCEDURES," DIVISION 3, ENTITLED "DEVELOPMENT APPLICATION
SUBMISSION AND REVIEW," SECTION 2.2.3.4, ENTITLED "UNIFIED
DEVELOPMENT SITE," BY INCLUDING REQUIREMENTS FOR THE
TRANSFER OF FLOOR AREA FOR PROPERTIES THAT ARE SUBJECT
TO THE TERMS OF A DEVELOPMENT AGREEMENT WITH THE CITY AND
WHICH CONTAIN PROPERTIES WITH DIFFERENT ZONING
CLASSIFICATIONS, AS WELL AS PROPERTIES LOCATED IN THE
ALTON ROAD GATEWAY; AND PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, as part of the Development Agreement for the 500 Alton Road project, the
Developer designed, constructed, and conveyed a 3.0-acre public park to the City of Miami
Beach, which is now known as Canopy Park(the"Park"); and
WHEREAS, a companion Ordinance has been drafted to change the zoning district of the
Park property from CD-2, Commercial, Medium Intensity, to GU, Government Use; and
WHEREAS, another companion Ordinance has been drafted to change the Future Land
Use Map designation of the Park property to ROS, Recreation and Open Space; and
WHEREAS, a text amendment to Chapter 2 of the Land Development Regulations
("LDRs") is necessary as part of the proposed re-zoning of the Park property; and
WHEREAS, this amendment is intended to address the prior allocation of applicable floor
area within the Alton Gateway overlay; and
WHEREAS, when the Development Agreement was approved, the entire overlay was
zoned C-PS2, CD-2 and RM-2; and
WHEREAS, the maximum Floor Area Ratio (FAR) of 2.0 was consistent for residential
use in both districts; and
WHEREAS, all available floor area from the portion of the site now designated as a public
park was transferred to other areas of the site to facilitate the construction of a new residential
tower and a proposed detached retail structure; 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.
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SECTION 1. Chapter 2, entitled "Administration and Review Procedures," Article II, entitled
"General Development Application and Hearing Procedures," Division 3, entitled "Development
application submission and review," Section 2.2.3.4, entitled "Unified Development Site," is
hereby amended as follows:
CHAPTER
ADMINISTRATIVE AND REVIEW PROCEDURES
ARTICLE II: General Development Application and Hearing Procedures
2.2.3.4 Unified Development Site.
a. Where development is proposed on a site that consists of a unified development site, the
application shall be accompanied by either a unity of title or covenant in lieu of unity of title,
as applicable. A "unified development site" is a site where a development is proposed and
consists of multiple lots, all lots touching and not separated by a lot under different
ownership, or a public right-of-way. A unified development site does not include any lots
separated by a public right-of-way or any non-adjacent, non-contiguous parcels.
Additionally, the following shall apply to any unified development site:
1. All lots need not be in the same zoning district: however: the allowable floor area ratio
(FAR)shall be limited to the maximum FAR for each zoning district, inclusive of bonus
FAR.
2. Lots not located in the same zoning districts may be joined together to create a unified
development site, and be permitted to aggregate the allowable floor area ratio,
provided the entire unified development site, including each separate zoning district,
has the same maximum FAR, inclusive of bonus FAR. The instrument creating the
unified development site shall clearly delineate both the maximum FAR, inclusive of
bonus FAR, and total square footage permitted.
3. For unified development sites that are subject to the terms of a development
agreement with the City of Miami Beach and which contain properties with different
zoning classifications as well as properties located in the Alton Road Gateway Area,
as more specifically prescribed in Section 7.2.11.7 the maximum allowable floor area
may be distributed within the entirety of the unified development site in accordance
with the provisions of the applicable development agreement.
34. In the event a future change in zoning district classification modifies the maximum floor
area ratio (FAR), inclusive of bonus FAR, for a district within a unified development
site, the maximum floor area square footage recorded for the unified development site
shall not be exceeded.
4 5. The maximum FAR for a unified development site shall not exceed the aggregate
maximum FAR of the multiple lots allowed by the underlying zoning districts, inclusive
of bonus FAR. Within a locally designated historic district or locally designated historic
site within the Ocean Terrace Overlay District, any platted lot(s) with a contributing
building(s) that contain legal-nonconforming FAR and were previously separate and
apart from other lots that comprise the unified development site, may retain their
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existing legal nonconforming FAR, provided no additional FAR is added to such platted
lot(s).
5-6. Within a unified development site within the Ocean Terrace Overlay District,
passageways or other connections that are in allowable FAR exception may be
permitted on lots with legal nonconforming FAR.
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 maybe 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 S. EFFECTIVE DATE,
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 3 day of 1Zbeu4ry 2025.
ATTEST:
I
Steven Meiner, Mayor
Raf�Granado, City Clerk
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
Verified by: (IL
Thomas R. Moon , AICP t'�13)zo'ZsE
Planning Director City tto ey Qv,- Date
Sponsored by Commissioner Tanya K. Bhatt
T:Wgenda\2024Y10 November 2024\Planning\Uni(ed Development Site LDR Text Amendment-First Reading ORD.doex
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Ordinances -R5 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 3, 2025 9:20 a.m. Second Reading Public Hearing
TITLE: UNIFIED DEVELOPMENT SITE - LDR TEXT AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE,
BY AMENDING CHAPTER 2, ENTITLED "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE II, ENTITLED "GENERAL DEVELOPMENT
APPLICATION SUBMISSION AND REVIEW," SECTION 2.2.3.4, ENTITLED
"UNIFIED DEVELOPMENT SITE," BY INCLUDING REQUIREMENTS FOR THE
TRANSFER OF FLOOR AREA FOR PROPERTIES THAT ARE SUBJECT TO THE
TERMS OF A DEVELOPMENT AGREEMENT WITH THE CITY AND WHICH
CONTAIN PROPERTIES WITH DIFFERENT ZONING CLASSIFICATIONS, AS
WELL AS PROPERTIES LOCATED IN THE ALTON ROAD GATEWAY; AND
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the Mayor and City Commission (City Commission) adopt
the subject ordinance.
BACKGROUNDIHISTORY
On May 15, 2024, at the request of Commissioner Tanya K. Bhatt, the City Commission referred
a proposal pertaining to the zoning and future land use designation of Canopy Park (C4 AC) to
the Land Use and Sustainability Committee (LUSC) and the Planning Board. On June 10, 2024,
the LUSC discussed the item and recommended that the Planning Board approve the proposed
ordinances, including a new future land use designation of Recreation Open Space (ROS).
A text amendment to Chapter 2 of the Land Development Regulations of the City Code (LDRs)
was also proposed and included as part of the recommendation for the proposed re-zoning of the
park property. The intent of this text amendment is to address the previous movement of
applicable floor area within the Alton Gateway overlay.
ANALYST
As part of the Development Agreement for the 500 Alton Road project, the developer designed,
constructed, and conveyed a 3.0-acre public park to the City of Miami Beach. The park, located
at 701 Alton Road, is a municipal park, operated by the city for the benefit of the general public.
On August 23, 2022, 82% of the City's voters voted to name the park as "Canopy Park."
Canopy Park is currently classified on the city zoning map and future land use map as CD-2
(Commercial, Medium Intensity), which is the zoning and future land use classification at the time
of the original development agreement.The park is also located within the Alton Gateway overlay.
Separate, companion ordinances are being proposed to change the zoning district for Canopy
Park to GU (Government Use)and change the future land use classification to ROS (Recreation
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and Open Space).
This subject ordinance, which is an amendment to Section 2.2.3.4 of the Land Development
Regulations of the Code (LDRs) for unified development sites, would allow floor area to be
distributed over multiple zoning districts, in accordance with the provisions of an applicable
development agreement with the City. When the development agreement creating Canopy Park
was approved, the entire overlay was located within the C-PS2, CD-2 and RM-2 zoning districts.
Since the maximum FAR (2.0) was the same for a residential use in all three districts, all the
available floor area from the portion of the site that is now a public park was moved to other parts
of the site to accommodate the new residential tower and the proposed detached retail structure.
The amendment set forth in the attached ordinance will address the distribution of floor area for
properties that are subject to the terms a development agreement with the City. This is a
companion text amendment to the proposed change in zoning classification and the future land
use designation of Canopy Park, which are being considered as separate ordinances.
PLANNING BOARD REVIEW
On September 24, 2024,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 by the City Commission at First Reading on November 20,
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: 1115/2024.
See BIE at: https�/fwww.miamibeachfl.gov/city-hail/cityclerkimeeting-notices/
FINANCIAL INFORMATION
Not Applicable
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
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. 2481.
includes a principal engaged in lobbying? No
If so, specify the name of lobbyists)and princi al(s)
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Department
Planning
Sponsor(s)
Commissioner Tanya K. Bhatt
Co-sponsor(s)
Condensed Title
9:20 a . 2nd Rdg, Unified Development Site - LDR Text Amendment (Bhatt) PL 5/7
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