R5N-RM-2 Oceanfront Height Regulations -Wolfson-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the maximum height requirements for
oceanfront properties within RM-2 zoning districts.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summary/Recommendation:
FIRST READING
The proposed Ordinance would modify the maximum height requirements for oceanfront properties
within RM-2 zoning districts, located within 250 feet of North Shore Open Space Park.
The Administration recommends that the City Commission approve the Ordinance at First Reading
and schedule a Second Reading Public Hearing for April 23, 2014.
Advisory Board Recommendation:
On February 25, 2014, the Planning Board transmitted the subject Ordinance to the City Commission
with a favorable recommendation by a vote of 7 to 0.
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking:
Thomas Mooney
Si n-Offs:
Department Director
T\AGENDA\2014\March\RM2 Oceanfront Heights-SUM First Read.docx
MIAMI BEACH 437
City Manager
AGENDA ITEM ---'-:R:-S---=-N-:-:--_
DATE 3-5-/<f
------------
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miorni Beach, Flori do 33139, www rniornibeochfLgov
TO:
FROM:
DATE:
COMMISSION MEMORANDUM
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
March 5, 2014 FIRST READING
SUBJECT: RM-2 Oceanfront Heights
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-217 REGARDING MAXIMUM BUILDING
HEIGHT AND MAXIMUM NUMBER OF STORIES FOR OCEANFRONT LOTS
WITH A PROPERTY LINE WITHIN 250 FEET OF NORTH SHORE OPEN
SPACE PARK; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for April 23, 2014.
BACKGROUND
On January 15\h, 2014, the City Commission referred a proposed Ordinance directly to
the Planning Board, regarding the creation of a new height category in the Residential
Multifamily, Medium Intensity (RM-2) Zoning district for Oceanfront lots located within
150 feet of the North Shore Open Space Park.
A proposal has been put forward to redevelop the site located at 8701 Collins Avenue,
where the existing Dezerland (formerly the Biltmore Terrace) Hotel currently stands. The
proposed redevelopment of the site would include the construction of a 200 foot tall
residential building, pedestrian promenade, and street enhancements located on the
northerly portion of the property.
ANALYSIS
The proposed Ordinance amendment would permit all lots in the RM-2 district fronting
the Atlantic Ocean and within 250 feet of the North Shore Open Space Park Boundary, a
maximum allowable height of up to 21 stories or 200 feet. The subject property located
at 8701 Collins Avenue is currently zoned RM-2. This area comprises one of only two
RM-2 zoning districts fronting the Atlantic Ocean. The radius from the park boundary line
was increased from the Commission's initial recommendation of 150 feet to 250 feet in
order to ensure that all portions of the oceanfront lots in the RM-2 district would be
438
Commission Memorandum
Ordinance: RM-2 Oceanfront Heights
March 5, 2014
included under the purview of this Ordinance amendment.
Page 2 of 2
The existing 220 room, Biltmore Terrace Hotel and associated commercial units are
allowable uses within the RM-2 district. Pursuant to Section 142-217 of the City Code,
the maximum height limit for the subject property is 6 stories or 60 feet. The height of the
existing building on the site is legally non-conforming at 118'-9", according to the plans
submitted. The owners of the property plan to retain the existing Biltmore Terrace Hotel
as is, in its present location, but are interested in constructing an 18 story, 200 ft tall
residential development with an adjoining pedestrian promenade and garden along the
northerly portion of the property.
The proposal to increase the maximum building height to 21 stories or 200 feet would be
comparable to the maximum permitted heights found within existing residential multi-
family districts that front the Atlantic Ocean. The nearest RM-3 zone is located south of
72nd Street, and the closest Oceanfront multi-family properties are located in the
neighboring City of Surfside. The proposed increase in height would allow more flexibility
in the design of a new residential project that would address the needs and concerns of
the North Beach community, while preserving the existing hotel. Additionally, any and all
new development found under the purview of this ordinance amendment must still
comply with the applicable portions of the City Code that regulate floor area and setback
requirements in the RM-2 district, which include a floor area ratio (FAR) limitation of 2.0.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on February 25, 2014 (PB File
No. 2165), and recommended approval by a vote of 7 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission approve the Ordinance at
First Reading and schedule a Second Reading Public Hearing for April 23, 2014.
JLM/JMJ!TRM
T:IAGENDA\2014\March\RM2 Oceanfront Heights-MEM First Read.docx
439
RM-2 Oceanfront Height Regulations
ORDINANCE NO. ____ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, BY AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, "DISTRICT
REGULATIONS," DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS"
BY AMENDING SECTION 142-217, "AREA REQUIREMENTS,"
REGARDING MAXIMUM BUILDING HEIGHT AND MAXIMUM NUMBER
OF STORIES FOR OCEANFRONT LOTS WITH A PROPERTY LINE
WITHIN 250 FEET OF NORTH SHORE OPEN SPACE PARK; PROVIDING
FOR CODIFICATION; REPEALER; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the North Beach area of the City has lagged behind other areas of the
City in economic redevelopment; and
WHEREAS, the Mayor and City Commission desire to encourage innovative and
compatible redevelopment in the North Beach area;
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
Section 1. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article II,
"Zoning Districts and Regulations," Division 3 "Residential Multifamily Districts", Section 142-
217, "Area Requirements," is hereby amended as follows:
Sec. 142-217. Area Requirements.
The area requirements in the RM-2 residential multifamily, medium intensity district are
as follows:
Minimum
Lot Area
{Square
Feet)
7,000
Minimum Minimum Unit Average Unit Maximum Maximum
Lot Width Size (Square Size (Square Building Number of
(Feet) Feet) Feet) Height (Feet) Stories
50 New New
construction-construction-
550 800
Non-elderly
and elderly
low and
moderate
income
housing: See
Section 142-
1183
Rehabilitated
buildings-
440
Non-elderly
and elderly
low and
moderate
income
housing: See
Section 142-
1183
Rehabilitated
buildings-
Historic
district-50
{except as
provided in
section 142-
1161
Area
bounded by
Indian Creek
Dr., Collins
Ave., 26th
St., and 44th
St.-75
Historic
district-S
(except as
provided in
section 142-
1161
Area
bounded by
Indian Creek
Dr., Collins
Ave., 26th
St., and 44th
St.-8
400 550
Hotel unit: Hotel units-
15%: 300-N/A
335
85%: 335+
SECTION 2. CODIFICATION.
Area fronting
west side of
Collins Ave.
btwn. 76th
St. and 79th
St.-75
Otherwise-
SO
Lots fronting
Biscayne
Bay less
than 45,000
sq. ft.-100
Lots fronting
Biscayne
Bay over
45,000 sq.
ft.-140
Lots fronting
Atlantic
Ocean over
100,000 sq.
ft.-140
Lots fronting
Atlantic
Ocean with a
property line
within 250
feet of North
Shore Open
Space Park
Boundary --
200
Area fronting
west side of
Collins Ave.
btwn. 76th
St. and 79th
St.-8
Otherwise-
6
Lots fronting
Biscayne
Bay less
than 45,000
sq. ft.-11
Lots fronting
Biscayne
Bay over
45,000 sq.
ft.-15
Lots fronting
Atlantic
Ocean over
100,000 sq.
ft.-15
Lots fronting
Atlantic
Ocean with a
property line
within 250
feet of North
Shore Open
Space Park
Boundary --
21
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 3. 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 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.
2
441
PASSED and ADOPTED this __ day of _______ , 20_.
ATTEST:
CITY CLERK
First Reading: March 5, 2014
Second Reading: April 23, 2014
Verified by:---------
Thomas Mooney, AICP
Acting Planning Director
Underscore denotes new language
T:IAGENDA\2014\March\RM2 Oceanfront Heights-ORO First Read REV.docx
3
442
MAYOR
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
•2 2." J 1-i
Date