R5B-Ocean Ter Overlay - Comp - LDR -Wolfson-Grieco-Malakoff-Weithorn-COMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the rioht amount."
Condensed Title:
Ordinance Amendments to the Comprehensive Plan and Land Development Regulations establishing
the "Ocean Terrace Overlav".
Advisorv Board Recommendation:
On June 23,2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File Nos. 2258 &2259).
Financial I nformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financia! lmpact Summary:
ln 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 longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budqet.
AGENBA ITEii RSB
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinances would amend the Comprehensive Plan and Land Development Regulations
to establish the "Ocean Terrace Overlay" which would decrease the maximum density from 100 to 50
dwelling units per acre, increase the allowable FAR from 2.0 to 3.0 (subject to voter referendum) for
residential and hotel uses only, increase the maximum height for residential and hotel uses, modify
setbacks, establish a maximum floor plate limitation, and establish a 60 foot minimum tower
separation.
On May 27,2015 the Land Use and Development Committee recommended approval of the proposed
overlay district.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion, 2) transmit the proposed Comprehensive Plan
Amendment to the applicable review agencies pursuant to 163.3184(2), F.S. and set the Adoption
Public Hearing for December 9,2015; and 3) approve the Overlay Ordinance Amendment at First
Readinq and set a Second Public Hearinq for December 9, 2015.
Thomas Mooney
July 29\Ocean Terrace Overlay District - First
MIAMIBEACH DArE 7-3l-/ r38
MIAMIBEACH
Ciiy of ,Uiomi Beoch, 1700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Plan Amendment
Ocean Terrace Overlay - Land Development Regulations Amendment
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE
LAND USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO
THE PROCEDURES IN SECTTON 163.3184(3), FLORTDA STATUTES, BY
MODTFYING THE MEDTUM TNTENSTTY COMMERCTAL CATEGORY (CD-2)
AND THE MrXED USE ENTERTATNMENT CATEGORY (MXE) TO
ESTABLISH THE 'OCEAN TERRACE OVERLAY' IN ORDER TO ALLOW
FOR AN F.A.R. OF 3.0, TO LIMIT COMMERCIAL F.A.R. TO 1.0 AND TO
REDUCE THE MAXIMUM ALLOWABLE RESIDENTIAL DENSITY TO FIFry
UNITS PER ACRE WITHIN ITS BOUNDARIES; PROVIDING FOR
REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFEGTIVE DATE.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS",
ARTICLE il "OVERLAY DISTRICTS", CREATTNG DIVISION 10 "OCEAN
TERRACE OVERLAY'" TO MODIFY THE APPLICABLE SETBAGKS AND
ALLOWABLE ENCROACHMENTS, INCREASE THE ALLOWABLE HEIGHT
TO 250 FEET FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES,
INCREASE THE ALLOWABLE FLOOR AREA TO 3.0, TO LIMIT THE
ALLOWABLE FLOOR AREA FOR COMMERCIAL USES TO 1.0, TO LIMIT
THE MAXIMUM FLOORPLATE OF THE TOWER PORTION OF NEW
BUILDINGS, TO PROVIDE A MINIMUM BUILDING SEPARATION FOR THE
TOWER PORTION OF NEW BUILDINGS, TO MODIFY THE ALLOWABLE
MAIN, CONDITIONAL, ACCESSORY AND PROHIBITED USES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
ADMINISTRATION RECOMMEN DATION
The Administration recommends that the City Commission: 1) accept the
recommendation of the Land Use and Development Committee via separate motion; 2)
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
July 29,2015
Ocean Terrace Overlay - Com
READING - PUBLIC HEARING
the City C
39
Commission Memorandum
Ocean Terrace Overlay - Comprehensive Plan and LDR Amendment
Julv 29, 2015 Page 2 o'f 5
transmit the proposed Comprehensive Plan Amendment to the applicable review
agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for
December 9,2015; and 3) approve the Overlay Ordinance Amendment at First Reading
and set a Second Reading Public Hearing for December 9, 2015.
BACKGROUND
On April 15, 2015, at the request of Commissioner Wolfson, the City Commission
referred this request to the Land Use and Development Committee (ltem C4E).
Additionally, the matter was referred to the Planning Board.
On May 27,2015 the Land Use and Development Committee recommended approval of
the proposed overlay district.
THE PROPOSAL
An Overlay District is being proposed in order to encourage the redevelopment of the
Ocean Terrace area in North Beach. As proposed, the Overlay would apply to the
properties located between 73'd Street on the south, 75th Street on the north, Ocean
Terrace on the east and Collins Avenue on the west. Currently the eastern portion of the
proposed overlay (fronting Ocean Terrace) is zoned MXE (Mixed Use Entertainment)
and the western portion (fronting Collins Avenue) is zoned CD-2 (Commercial, Medium
lntensity).
The proposal would require a Large-Scale amendment to the City's Comprehensive Plan
and an amendment to the Land Development Regulations. The Overlay District would
also raise the maximum Floor Area Ratio (FAR) in the area from 2.0 to 3.0. ln
accordance with the City Charter, this proposed FAR increase would require voter
approval through a ballot referendum.
Attached is a copy of the proposed overlay Comprehensive Plan Amendment and Land
Development Regulation Ordinances. The following is a summary of the proposed
modifications to the Land Development Regulations:
. Reduce the maximum density from 100 dwelling units per acre to 50 dwelling
units per acre.
o lncrease the maximum FAR to 3.0 from 2.0 for lots equal to or greater than
20,000 square feet. The additional FAR would only apply to residential and hotel
uses, and the maximum FAR for commercial uses within the overlay would be
limited to 1.0.
o lncrease the maximum height to 250 feetl22 stories for residential uses and 125
feet for hotel uses. Currently the maximum height is 75 feeUS stories for MXE
areas and 50 feeU5 for CD-2 areas.
Modify Pedestal, Tower, and Subterranean Setbacks.
Establish maximum floor plate limitation of 10,000 square feet, including
balconies, for the tower portions of buildings; however the Historic Preservation
40
Commission Memorandum
Ocean Terrace Overlay - Comprehensive Plan and LDR Amendment
July 29, 2015 Page 3 of 5
Board has the flexibility to allow an increase up to 15,000 square feet, subject to
Certificate of Appropriateness Criteria.
. Establish a 60 foot separation between towers, including balconies.
ANALYSIS
ln 2014, the Planning Department was tasked with studying ways to encourage and
promote appropriate redevelopment activity for the 71't Street Corridor and Ocean
Terrace. Presently it appears that current maximum floor area ratios are making
redevelopment along the 71't Street corridor and Ocean Terrace difficult. This in turn
has stalled economic development and revitalization which would greatly benefit the
surrounding community.
The proposal herein, which is specific to Ocean Terrace, seeks to modify the Land
Development Regulations and create a zoning overlay specific to the Ocean Terrace
area. While most of the changes proposed require only legislative action, the proposal to
increase the maximum FAR from 2.0 to 3.0 does require voter approval. Tangentially,
the proposed height increase, though only legislative and not subject to voter approval,
is co-terminus with the proposed FAR increase.
The Land Use Committee and the Planning Board endorsed the proposed overlay,
subject to the recommendations of the City Administration, which have been
incorporated into the proposed Ordinance. One of the recommendations, which has
generated some concern from affected property owners, deals with the maximum floor
plate permitted within the tower portion of a future project.
ln this regard, in order to improve compatibility with the surrounding built environment,
the proposed Ordinance requires that the maximum floor plate size of the tower portion
of a building be limited to 10,000 square feet, inclusive of allowable balcony projections.
This floor plate limitation is consistent with the floor plate of the neighboring St. Tropez
Condominium Tower, which is approximately 6,000 square feet. Additionally, the
Ordinance provides the Historic Preservation Board with the flexibility to allow up to a
15,000 square foot floor plate, subject to Certificate of Appropriateness Criteria and
compatibility with the surrounding built context.
It is important to point out that that the Ordinance before the City Commission, the FAR
portion of which is subject to voter approval, is a purely legislative matter. Basically a
framework is being established (overlay district) for a future development project(s).
Assuming this overlay is adopted, review and approval of the Historic Preservation
Board will still be required for any future development application, inclusive of new
construction, as well as any request to demolish structures within the proposed overlay.
City Gharter lssues
The request for establishing the Ocean Terrace Overlay District is affected by the
following City Charter provision: Sections 1.03 (c), which partially states:
The floor area ratio of any property or street end within the City of Miami Beach
shall not be increased by zoning, transfer, or any other means from its current
zone floor area ratio as ff exisfs on the date of adoption of this Chafter
Amendment (November 7, 2001), including any limitations on floor area ratios
41
Commission Memorandum
Ocean Terrace Overlay - Comprehensive Plan and LDR Amendment
Irrlv )Q 2O1 4 Paac 4 of 5
which are in effect by virtue of development agreements through the full term of
such agreements, unless such increase in zone floor area ratio for any such
propefty shall first be approved by a vote of the electors of the City of Miami
Beach.
The proposed Overlay District would increase the zoned floor area ratio from 2.0 to 3.0.
Pursuant to the City Charter the proposed change would require a vote of the electors of
the City. The vote must occur prior to the second reading of the proposed Ordinance
amendment.
Gomprehensive Plan lssues
This application includes a text amendment to the Policy 1.2 of the Future Land Use
element of the Compressive Plan. Under Section 163.3184(2), F.S., this amendment
shall follow the expedited state review process for adoption of comprehensive plan
amendments. This process requires a public hearing by the local planning agency
(Planning Board), a public transmittal hearing before the City Commission, after which
the amendment must be transmitted to several state agencies for a 30-day review
period, and a final adoption public hearing before the City Commission. The amendment
is effective 31 days after it is adopted if there are no appeals.
lnterlocalAgreement for Public School Facility Planning
The 2005 Florida Legislature adopted laws which are incorporated in the Florida
Statutes, requiring each local government to adopt an intergovernmental coordination
element as part of their comprehensive plan, as well as a statutory mandate to
implement public school concurrency. The overlay district as proposed does not
increase the maximum residential density; therefore a preliminary school concurrency
determination is not necessary.
Final site plan approval of any proposed development on the site is contingent upon
meeting Public School Concurrency requirements and the applicant will be required to
obtain a valid School Concurrency Determination Certificate (Certificate) issued by the
Miami-Dade County Public Schools. Such Certificate will state the number of seats
reserved at each school level. In the event sufficient seats are not available, a
proportionate share mitigation plan shall be incorporated into a tri-party development
agreement and duly executed prior to the issuance of a Building Permit.
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 6-0 vote) transmitted the proposed
Ordinances to the City Commission with a favorable recommendation.
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 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 a negative fiscal impact upon the City.
42
Commission Memorandum
Ocean Terrace Overlay - Comprehensive Plan and LDR Amendment
.lrrlv 29 2O15 Pano 1af 4
SUMMARY
On July 8,2015, the item was opened and continued to a date certain of July 29,2015,
due to a minor change in the title of the Ordinance. The matter was also re-noticed for
the July 29,2015 meeting. Additionally, public testimony was taken on July 8,2015.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Transmit the proposed Comprehensive Plan Amendment to the applicable review
agencies pursuant to 163.3184(2), F.S. and set the Adoption Public Hearing for
December 9,2015.
3. Approve the Overlay Ordinance Amendment at First Reading and set a Second
Reading Public Hearing for December 9, 2015.
4. Direct the City Attorney to prepare ballot language for the proposed FAR
increase.
JLM/TRM/RAM
T:\AGENDAVOl5Uuly\Planning July 29\Ocean Terrace Overlay District - First Reading MEM.docx
43
COMPREHENSIVE PLAN - OGEAN TERRACE OVERLAY
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEAGH, FLORIDA, AMENDING POLICY 1.2 OF THE FUTURE LAND
USE ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THE
PROCEDURES tN SECTTON 163.3184(3), FLORTDA STATUTES, By
MODIFYTNG THE MEDTUM TNTENSTry COMMERCTAL CATEGORY (CD-2)
AND THE MIXED USE ENTERTAINMENT CATEGORY (MXE) TO ESTABLISH
THE 'OCEAN TERRACE OVERLAY' IN ORDER TO ALLOW FOR AN F.A.R.
OF 3.0 FOR RESIDENTIAL AND HOTEL USES, TO LIMIT COMMERCIAL
F.A.R. TO 1.0 AND TO REDUCE THE MAXIMUM ALLOWABLE RESIDENTIAL
DENSITY TO FIFTY UNITS PER ACRE WITHIN lTS BOUNDARIES;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFIGATION; AND AN
EFFEGTIVE DATE.
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than piecemeal; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75th
Streets; and
WHEREAS, the amendment set forth below is 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. The following amendment to the Medium Density Commercial Category (CD-2)
and the Mixed Use Entertainment Category (MXE) in Policy 1.2 of the City's Comprehensive
Plan Future Land Use Element is hereby adopted:
Medium lntensity Commercial Category (CD-2)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new medium intensity commercial areas which serve the entire City.
Uses which may be Permitted: Various types of commercial uses including business and
professional offices, retail sales and service establishments, eating and drinking establishments;
apartment residential uses; apartment hotels; and hotels.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
{3418'1901''21
44
a public hearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Density Limits: 100 dwelling units per acre; 50 units per acre for properties within the Ocean
Terrace Overlav.
lntensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed use: within
the Ocean Terrace Overlav - for properties with a lot size equal to or qreater than 20.000
square feet and havinq frontage on both Collins Avenue and Ocean Terrace the maximum floor
area ratio is 1.0 and additional FAR of 2.0 (3.0 total maximum) shall be permitted for residential
or hotel (and permitted accessorv uses to residential and hotel) floor area onlv.
Mixed Use Entertainment Category (MXE)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new mixed use areas which accommodate residential, hotel and commercial
development.
Uses which may be permitted: Apartments, apartment hotels, hotels and various types of
commercial uses including, business and professional offices (but not medical or dental offices),
retail sales and service establishments, and eating and drinking establishments.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a public hearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Density Limits: 100 dwelling units per acre; 50 units per acre for properties within the Ocean
Terrace Overlav.
lntensity Limits: a floor area ratio of 2.0' within the Ocean T
a lot size equal to or qreater than 20.000 square feet and havinq frontaoe on both Collins
Avenue and Ocean Terrace the maximum floor area ratio is 1.0 and additional FAR of 2.0 (3.0
total maximum) shall be permitted for residential or hotel (and permitted accessorv uses to
residential and hotel) floor area onlv.
SECTION 2.
The Ocean Terrace Overlay shall be designated on the City's Future Land Use Map for
the properties identified in the attached map, as Exhibit A, incorporated by reference herein.
SECTION 3.REPEALER.
All Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
{34187901',21
45
SECTION 4. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. GODIFICATION
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the section of the Ordinance may be
renumbered or relettered to accomplish such intention, and that the word "ordinance" may be
changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 6. TRANSMITTAL
The Planning Director is hereby directed to transmit this Ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect 31 days after adoption pursuant to Section 163.3184(3),
Florida Statutes.
PASSED and ADOPTED this day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO
FORM & IANGUAGE
& FOR EXECUTION
2015.
First Reading/Transmittal: July 29,2015
Second Reading/Adoption: December 9, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
S+rike$reughdenotes rem oved lan g uage
F:\ATTO\BOUE\Ordinances\Ocean Terrace Overlay Comp Plan Ordinance [1st Reading 7-29-15].docx
-d,'[,J
-
Dole
{3418790r;2\
46
OCEAN TERRACE OVERLAY - LDR AMENDMENTS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS'"
ARTICLE III ''OVERLAY DISTRICTS'" CREATING DIVISION 10 ''OCEAN
TERRACE OVERLAY'" TO MODIFY THE APPLICABLE SETBACKS AND
ALLOWABLE ENCROAGHMENTS, INCREASE THE ALLOWABLE HEIGHT
TO 250 FEET FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES,
INCREASE THE ALLOWABLE FLOOR AREA TO 3.0 FOR RESIDENTIAL
AND HOTEL USES; TO LIMIT THE ALLOWABLE FLOOR AREA FOR
COMMERCIAL USES TO 1.0, TO LIMIT THE MAXIMUM FLOORPLATE OF
THE TOWER PORTION OF NEW BUILDINGS, TO PROVIDE A MINIMUM
BUILDING SEPARATION FOR THE TOWER PORTION OF NEW BUILDINGS,
TO MODIFY THE ALLOWABLE MAIN, CONDITIONAL, ACCESSORY AND
PROHIBITED USES; PROVIDING FOR REPEALER; SEVERABILTW;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the corridor of Collins Avenue between 73'd and 75th Streets was a vibrant
commercial corridor that served the retailing needs of the local neighborhood and tourists in the
1950s and 1960s; and
WHEREAS, the Collins Avenue corridor and area surrounding Ocean Terrace has
deteriorated and seen limited improvement over the years, and has faced financial constraints
and neighborhood adjustments that have diminished the general condition of the neighborhood;
and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace and Collins Avenue corridor; and
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than in a piecemeal fashion; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75th
Streets, which overlay may assist in improving the neighborhood by providing stimulus to the
community through new commercial and residential uses, as well as other design criteria and
density limits to encourage reinvestment; and
WHEREAS, the purpose of the Ocean Terrace Overlay district is to stimulate
neighborhood revitalization, encourage new development and renovation of important historic
buildings within the Ocean Terrace/Collins Avenue corridor, and improve the pedestrian
environment of the neighborhood; and
{34187831;2)
47
WHEREAS, pursuant to Section 1.03(c) of the City Charter, the floor area ration (FAR)
of any property within the City of Miami Beach shall not be increased by zoning, transfer, or any
other means from its current zoned floor area ratio as it exists on the date of adoption of this
Charter Amendment [November 7,20011, including any limitation on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements, unless
any such increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAM! BEACH, FLORIDA:
SEGTION 1. That Chapter 142, Article lll entitled "Overlay Districts", Division 10 "Ocean
Terrace Overlay" is hereby created as follows:
**
DIVISION 10. OCEAN TERRACE OVERLAY
Sec. 142-874. Location and purpose.
(A) The overlav reoulations of this division shall applv to the properties identified in the Map
below:
48
(b) The purpose of this overlav district is to:
fll Stimulate neiohborhood revitalization and encouraqe new development and
renovation of important historic buildinqs within the Ocean Terrace / Collins
Avenue corridor.
{A Encouraqe private propertv owners to assemble and redevelop properties
comprehensivelv rather than in a piecemeal fashion.p) lmprove the pedestrian environment of the neiohborhood.
Sec. 142-875. Compliance with requlations.
The followinq overlav requlations shall applv to the Ocean Terrace Overlav. All development
reoulations in the underlvino reoulations shall applv. except as follows:
(a) Setbacks.
fl) When a lot or combination of lots abuts two (2) or more streets. the required
vards shall be classified as follows:
a.
b.
c.
{A Pedestal.
a.
1.
2
Side. lnterior. The areas abuttinq an adiacent propertv. For a lot
or combination of lots that have two front setbacks as defined in
this section, the remaininq vards not facinq a street shall be
classified as a side interior.
Front:
For buildinos situated on properties with an underlvinq
desionation of CD-2, zero (0) feet.
For buildinos situated on properties with an underlving
desionation of MXE, five (5) feet.
Side street. Zero (0) feet, reqardless of the underlvinq zoninq
desiqnation.
Side interior.
For buildinos situated on properties with an underlvino
desiqnation of CD-2. zero (0) feet.
For buildinqs situated on properties with an underlvinq
desionation of MXE, 7.5 feet.
Front.
For buildinqs situated on properties with an underlvinq
desionation of CD-2. 20 feet.
For buildinos situated on properties with an underlvinq
desisnation of MXE, 30 feet.
Side street. 20 feet reqardless of the underlvinq zonino
desionation.
Side interior. 20 feet resardless of the underlvino zoninq
desiqnation.
b.
c.
1.
2.
(Q Tower.
a.
1.
2.
b.
c.
til Subterranean. Zero (0) feet for all vards reqardless of the underlvino zonino
desiqnation.
49
(E) Allowable encroachments and proiections, consistent with Section 142-1132(o). within
required vards.
fll Exterior unenclosed private balconies.a. For buildinqs situated on properties with an underlvinq desionation
of cD-2, allowable encroachment is 7.5 feet into anv required
vard.b. For buildinqs situated on properties with an underlvino desiqnation
of MXE:1. Allowable front vard encroachment is eisht (8) feet.2. Allowable side interior vard encroachment is six (6) feet.@ Ground leYel porches. platforms and terraces (up to 30 inches above the
elevation of the lot) are allowed to proiect into a required vard for a distance not
to exceed 50 percent of the required vard up to a maximum proiection of five (S)
feet.
(s) Heioht.
fll For main use residential buildinos: lot area less than 20.000 square feet-the
maximum heiqht is based on the underlvino zoninq reoulations: lot area equalto
or Oreater than 20.000 square feet and havinq frontaqe on both Collins Avenue
and Ocean Terrace-25O feet.
{A For main use hotel buildinqs: lot area less than 20,000 square feet-the
maximum heioht is based on the underlvinq zonino requlations: lot area equalt,o
or oreater than 20,000 square feet and havino frontaoe on both Collins Avenue
and Ocean Terrace -125 feet.
13) All other buildinos the maximum heiqht is as provided in the underlvinq zoninq
reoulations.
{O The maximum number of stories is 22 stories.
ft!) Floor Area Ratio.
fll Lot area less. than 20.000 square feet-maximum FAR is based on the
underlvinq zonino reoulations.
tA Lot area equal to or qreater than 20.000 square feet and havino frontaoe on both
Collins Avenue and Ocean Terrace -reoulated as follows:a. Reoardless of the underlvino zonino desiqnation:1. The maximum floor area ratio is 1.0.2- Additional FAR of 2.0 (3.0 total maximum) shall be permitted
for residential or hotel (and permitted accessorv uses to
residential and hotel) floor area onlv.
(e) Floor plate. The maximum floor plate size for the tower portion of a buildinq is 1O.0OO
square feet, includino balconies. per floor. The Historic Preservation Board mav allow fo,r
an increase in tle overall floor plate, up to a maximum of 1s,ooo m
balconies, per flgo!.. il accordance with the certificate of appffi
chapter 1 18. article X of these land development reoulations.
(0 Buildino separation. All new construction shall complv with the followino, as applicable:
(]l The miniflul horizontal separation between the tower portion of two (2r
buildinos. includinq balconies. is 60 feet.Q) Two (2) blrildinos used as a hotel mav be connected in the tower portion of the
buildinqs bv a one-storv. enclosed pedestrian bridoe, foiffi
50
onlv. if approved bv the historic preservation board in accordance with the
certificate of appropriateness criteria in chapter 1 18. article X of these land
development requlations.(3) The separation requirement between two (2) existinq contributinq structures, or
between an existino contributinq structure and a new buildino, mav be waived bvthe historic preservation board in accordance with the certificate of
appropriateness criteria in chapter 1 18. article X of these land development
requlations.
(g) Permitted Uses.
fll The main permitted uses in the Ocean Terrace Overlav District are:
Apartments:
ApartmenUhotels;
Hotels:
Commercial;
Uses that serve alcoholic beveraqes as listed in Chapter 6
(alcoholic beveraqes) or as specified elsewhere in the Land
Development Req ulations.
tA The conditional uses in the Ocean Terrace Overlav District are:a. Public and private cultural institutions open to the public:b. Banquet facilities. defined as an establishment that provides
caterinq and entertainment to private parties on the premises and
are not otherwise accessorv to another main use:
Outdoor entertainment establishments:
Neiqhborhood impact establishments:
Open air entertainment establishments:
Main use parkino oaraqes:
Public and private institutions:
Food store selling alcoholic beveraoes.
(h) Prohibited Uses(1) Packaqe alcohol store.
O Additional Development Requlations. Buildinqs with frontaqe on Collins Avenue shall
have either retail or restaurant uses (which mav include neiqhborhood impact
establishment uses) on the front 50 feet of depth of the oround floor with an entrance
that opens onto Collins Avenue.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
a.
b.
c.
d.
e.
c.
d.
e.
f.
g.
h.
51
SEGTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SEGTION 4. SEVERABILIW.
lf 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 shalltake effect ten days following adoption.
PASSED and ADOPTED this day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
eJ 0*L
First Reading:
Second Reading:
July 29,2015
December 9,
city Attorn"W
2015 (Subject to Voter Approval of FAR lncrease)
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Strit<e+nreugFden otes rem oved lang uage
[Sponsor: Commissioner Wolfson; co-sponsors: Commissioner Grieco, Commissioner Malakoff
and Commissioner Weithornl
T:\AGENDA\2O1SUuly\Planning July 29\Ocean Terrace Overlay LDR - First Read ORD.docx
52
This instrument prepared by, and afler rccorcling rcturn to:
Name: Neisen O, Kasdin, Esq.
Address: Akeman LLP
One Southeast Third Avenue
25e Floor
Miami, FL3313l
(Space reserved for Clerk)
DECI,ARATION OT RESTRICTIYE COVENANTS
TIIIS DECLARATION Of'RESTRICTM COVENANTS ("Declaration"), is made
this _ day of 201-, by 7450 OCEAN TERRACE LLC' 7436
OCEAN TERRACE LLC, 7410 OCEAN TERRACE LLC, 7409 COLLINS AVE
INVESTMENT LLC, 7433 COLLINS AVE INVESTMENT LLC, ANd 7439 COLLINS AVE
INVESTMENT LLC (collectively, the "Developer'r), in favor of the CITY OF MIAMI BEACH,
Florida, a municipal corpomtion of the State of Florida ("City")'
WITNESSETH:
WHEREAS, the Developer hotds fee simple title to certain propefiies located in the City
ofMiamiBeach,F[orida,legallydescribedin@.attachedlreretoandmadeapaft
hereof (the "Propefty"); and
WHBREAS, the Developer may acquire four (4) additional properties (the "Additional
Properties") that are adjacent to the Propefiy, legally described in Exhitrit "Br', subsequent to
the recordation of this Declaration antt, if acquired. the Additional Properties shall autornatically
be subject to the terms of this Declaration; and
WHBRBAS, the Property is part of the area in which the City seeks to establish the
"Ocean Terrace Overlay District," composed of both a Comprehensive Plan Amendment (as File
No. 2258) and a Land Development Regulations Amendment (as File No. 2259), currently in the
{34120 I 98;7}
53
form of the proposed ordinances in Exhitrit "C" attached hereto and made a part hereof
(collectively, the "Ocean Teuace Amendments"); and
WHEREAS, after receiving favorable recommendations from the City's Land Use and
Development Committee and the Planning Board, the City Commission is now considering the
adoption of the Ocean Terrace Amendments; and
WHEREAS, the Developer is desilous of making a binding commitment to assure that
the Property shall be developed in accordance with the provisions of this Declaration, should the
Ocean Termce Amendments be adopted by the City Cornmission.
NOW, THEREFORE, the Developer voluntarily covenants and agrees that the Propefty
shall be subject to the following restrictions that are intended and shall be deemed to be
covenants running with the land and binding upon the Developer of the Propefiy, its successors
in interest and assigns, as follows:
1. The recitals and findings set forth in the preamble of this Declaration are hereby
adopted by reference thereto and incorporated herein as iffully set forth in this Section.
2. The maxirnum residential density of the Property shall not exceed 70 total
dwelling units. The Developer retains the right to distribute the dwelling units in any manner
aoross the extent of the Proper-ty that is otherwise in accordance with the building, zoning, and
land development regulations ofthe City.
3, In the event the l)eveloper builds any lesidential dr,velling ttnits on the Properly,
the maximum number of hotel rooms on the Properly shall not exceed 220 total hotel rooms.
4. In the event the Developer does not build any residential dwelling units on the
Property, the maximum number of hotel rooms on the Propefiy shall not exceed 357 total hotel
rooms.
{14120198;7}
54
5. Any retail stores, including food, grocery or convenience stores, on the Property
which legally offer for sale alcoholic beverages for consumption offthe premises, shall not make
sales of beer in an individualized, single-bottle tnannel'.
6. There shall be a maximum of one (l) outdoor enteftainment establishtnent and
one (l) open air enteftainment establishment allowed on the Property. Each of these
establishments shall be operated solely as an accessory use to a hotel. At each establishment,
after' 1 l:00 P.M. music shall only be played at a volume that does not interfere with normal
conversation, and the establishment shall close no later than 2:00 A.M.
7. If the Additional Properties are acquired by the Developer subsequent to the
recordation of this Declaration, they shall automatically be subject to the terms of this
Declaration.
8. This Declaration supersedes all prior oral and written representations and
understandings between Developer and the City, relating to the development of the Propedy,
including prior iterations and versions of the Declaration, and constitutes the entire Declaration
of Restrictive Covenants by the Developer in favor of the City.
9. This Declaration shall remain in full force and effect and shall be binding upon
the Developer, their successors in interest and assigns, for an initial period of thifiy (30) years
fi'om the date this insrument is recorded in the public records, and shall be automatically
extendecl for sLrccessive periods of ten (10) years, unless modified. amended or released as
provided herein.
10. This Declatation may be modified, amended or released as to any portion of the
Property by a written instrument executed by the then owners of fee sirnple title to the land to be
affected by such modification, amendment or release, providing that same has been approved by
{34 120198;7)
55
the City Commission, or such other City board with jurisdiction over the matter, at a public
hearing, which public hearing shall be applied for by and at the expense of the said owners.
I 1. Should tliis instrument be so modified, amended or released, the City Manager, or
his successor, or other administrative off,rcer with jurisdiction over the matter, shall execute a
written instrument in recordable form effectuating and acknowledging such modification,
amendment or release.
12. In the event any term or provision of this Declaration be determined by
appropriate judicial authority to be illegal or otherwise invalid, such determination shall not
affect any of the other provisions of this Declaration, which shall remain in full force and effect.
13. This Declaration shall be execlted by the Developer and all other required
persons or entities, if any, and submitted to the City Attorney's Oftice to be held in trttst pending
adoption of the Ocean Terrace Amendments by the City Cornmission, and shall be recorded, at
the cost of the Developer, in the Pubtic Records of Miami-Dade County, Florida, no later than
five (5) days after the expiration of all appeal periods in wliich no appeals or othel legal
chailenge has been filed. lf an appeal or other legal challenge is instituted against the Ocean
Terrace Amendments, then this Declaration shall be recorded within five (5) days of a final non-
appealable decision of that appeal and/or challenge upholding the approval of the Ocean Ten'ace
Amendments.
14. It is understood and agreed that any official of the
during nonnal business hours to enter and investigate the use
whether the conditions of this Declaration and the requirements
and land developrnent regulations are being complied with.
Cit1, has the right at any time
of the Propefiy, to determine
of the City's building, zoning
[34 120198:7]
56
i5. An action to enforce the terms and conditions of this Declaration may be
instituted by the City, at law or in equity, against any party or person violating or attempting to
violate any provision of this Declaration, either to restrain violations or to recovet damages.
The prevailing party in thE action shall be entitled to recover costs and reasonable attorneys' fees,
at all levels of trial and appeal. This enforcement provision shall be in addition to any other
remedies available under the law.
REMAINDER OF PAGB LEFT INTENTIONALLY BLANK
{34 120 I 98;7 }
57
IN WITNESS WHEREOF, the undersigned have set their hand and seal
I l"', ,zo-{
)
Witnessed by:
thisl$ay of
7410 OCEAN TERRACE LLC
7436 OCEAN TERRACE LLC
7450 OCEAN TERRACE LLC
7409 COLLINS AVE INVESTMENT LLC
7433 COLLINS AYE II{VESTMENT LLC
7439 COLLINS AVE
By:
Name:
Title: tt,brvfrit4rg ,/s/ftnr'/t
STATE OF FLORIDA
COLINTY OF MIAMI-DADE
ntificat
NOTARY SEAL/ STAMP
ent was acknowledsed before'r*- , *,"fltl*trhT
not take an oath.
{fr *rson Sc"trx.€
irUr-f"C
State of Florida
Notlry Public State ol Florida
MyCommirslon Ff 188637
Exrirs 0U31/2019
{3a 120198;7i
58
APPROVED
Planning Director
Date
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
Date
{3a120198;7}
59
Exhibit "A"
Lesal Desuiption of the Property
Lots 1, 2,3,4,6, 10, 1l and 13 of Block 1 of the Plat of the Townsite of Harding, as recorded in
Plat Book 34, Page 4 of the public records of Miami-Dade County, Florida.
List of addresses of the Property
(.not part of the legal deseription. provided for convenience)
7450 Ocean Terace
7436 Ocean Terrace
7430 Ocean Tenace
7410 Ocean Terace
7439 Collins Avenue
7433 Collins Avenue
7409 Collins Avenue
[34120198;7]
60
Exhitrit t'8"
Legal Description of the Additional Properties
Lots 5,8,9 and l2 of Block 1 of the Plat of the Townsite of Harding, as recotded in Plat Book
34,Page rl of the public records of Miami-Dade County, Florida.
List of addresses of the Additional Properties
(not parl of the leeal description. plovided for convenience)
7420 Ocean Terace
7449 Collins Avenue
7441 Collins Avenue
7421 Collins Avenue
{34120198;7)
61
Exhibit nC"
COMPREHENSIVE PLAN _ OCEAN TERRACE OVERLAY
ORDINANCE NO.
AN ORDINANCE AMENDING POLICY 1.2 OF THE FUTURE LAND USE
ELEMENT OF THE COMPREHENSIVE PLAN PURSUANT TO THE
PROCEDURES lN SECTION 163.3184(3), FLORIDA STATUTES, BY
MODIFYING THE MEDIUM INTENSITY COMMERCIAL CATEGORY {CD.2)
AND THE MIXED USE ENTERTAINMENT CATEGORY IMXE) TO ESTABLISH
THE'OCEAN TERRACE OVERLAY' IN ORDER TO ALLOW FOR AN F.A.R.
OF 3.0 FOR RESIDENTIAL AND HOTEL USES, TO LIMIT COMMERCIAL
F.A.R. TO 1.0; AND TO REDUCE THE MAXIMUM ALLOWABLE
RESIDENTIAL DENSITY TO FIFTY UNITS PER ACRE WITHIN ITS
BOUNDARIES; PROVIDING FOR REPEALER; SEVERA'BILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than piecemeal; and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace corridor; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75th
Streets; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CIry COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. The following amendment to the Medium Density Commercial Category (CD-2)
anO tne MixeO Use Entertainment Category (MXE) in Policy 1.2 of the City's Comprehensive
Plan Future Land Use Element is hereby adopted:
Medium lntensity Commercial Category (CD*2)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new medium intensity commercial areas which serve the entire City.
Uses which may be Permitted: Various types of commercial uses including business and
professional offices, retail sales and service establishments, eating and drinking establishments;
apartment residential uses; apartment hotels; and hotels.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a publichearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
(34120198;7)
62
Exhibit "C"
Density Limits: 100 dwelling units per acre; 50 units per acre for properties within the Ocean
Terrace Overlav.
lntensity Limits: a floor area ratio of 1.5 for commercial; 2.0 for residential or mixed uselwilhln
the Ocean Terrace Overlav - for properties with a lot size equal to or oreater than 20.000
square feet and havino frontaqe on both Collins Avenue and Ocean Terrace the maximum floor
area ratio is 1.0 and additional FAR of 2.0 (3.0 total maximum) shall be permitted for residential
or hotel (and permitted accessorv uses to residential and hoteD floor area onlv.
Mixed Use Entertainment Category (MXE)
Purpose: To provide development opportunities for and to enhance the desirability and quality of
existing and/or new mixed use areas which accommodate residential, hotel and commercial
development.
Uses which may be permitted: Apartments, apartment hotels, hotels and various types of
commercial uses including, business and professional offices (but not medical or dental offices),
retail sales and service establishments, and eating and drinking establishments.
Other uses which may be permitted are accessory uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to be
subordinate to the main use; and conditional uses specifically authorized in this land use
category, as described in the Land Development Regulations, which are required to go through
a public hearing process as prescribed in the Land Development Regulations of the Code of the
City of Miami Beach.
Density Limits: 100 dwelling units per acre; 50 units per acrg for properties within the Ocean
Terrace Overlav.
lntensity Limits: a floor area ratio of 2.0: within the Ocean T
a lot size equal to or oreater than 20,000 square feet and havino frontaqe on both Collins
Avenue and Ocean Terrace the maximum floor area ratio is 1.0 and additional FAR of 2.0 (3.0
total maximum) shall be permitted for residential or hotel (and permitted accessorv uses to
residential and hotel) floor area onlv.
SECTION 2.
ftre Ocean Terrace Overlay shall be designated on the City's Future Land Use Map for
. the propenies identified in ihe aitached map, as Exhibit A, incorporated by reference herein.
SECTION 3. REPEALER.
ntt Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
lf any seCtion, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
{341201 98;7}
63
ExhibitrrC"
SECTION 5. CODIFICATION
It is the intention of the City Commission that this Ordinance be entered into the
Comprehensive Plan, and it is hereby ordained that the section of the Ordinance may be
renumbered or relettered to accomplish such intention; and that the word "ordinance" may be
changed to "section" or other appropriate word. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 6. TRANSMITTAL
The Planning Director is hereby directed to transmit this Ordinance to the appropriate
state, regional and county agencies as required by applicable law.
SECTION 7. EFFECTIVE DATE.
This Ordinance shalltake effect 31 days after adoption pursuant to Section 163.3184(3),
Florida Statutes.
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Readingffransmittal :
Second Reading/Adoption:
July 31 ,2A15
December 9, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Stril<*n+eughdenotes removed la n g ua ge
{3al 20 198;7}
64
Exhibit "C"
OCEAN TERRACE OVERLAY - LDR AMENDMENTS
ORDINANCE NO.
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
..ZONING DISTRICTS AND REGULATIONS," ARTICLE III ''OVERLAY
DtsTRlcTS," CREATING DIVISION 10 "OCEAN TERRACE OVERLAY", TO
MODIFY THE APPLICABLE SETBACKS AND ALLOWABLE
ENGROACHMENTS, INCREASE THE ALLOWABLE HEIGHT TO 250 FEET
FOR RESIDENTIAL USES AND 125 FEET FOR HOTEL USES, INCREASE
THE ALLOWABLE FLOOR AREA TO 3.0 FOR RESIDENTIAL AND HOTEL
USES, TO LIMIT THE ALLOWABLE FLOOR AREA FOR GOMMERCIAL USES
TO 1.0, TO LIMIT THE MAXIMUM FLOORPLATE OF THE TOWER PORTION
OF NEW BUILDINGS, TO PROVIDE A MINIMUM BUILDING SEPARATION
FOR THE TOWER PORTION OF NEW BUILDINGS, TO MODIFY THE
ALLOWABLE MAIN, CONDITIONAL, ACCESSORY AND PROHIBITED USES;
PROVIDING FOR REPEALER; SEVERABILIW; CODIFICATION; AND AN
EFFECTIVE DA,TE.
WHEREAS, the corridor of Collins Avenue between 73'd and 75th Streets was a vibrant
commercial corridor that served the retailing needs of the local neighborhood and tourists in the
1950s and 1960s; and
WHEREAS, the Collins Avenue corridor and area surrounding Ocean Terrace has
deteriorated and seen limited improvement over the years, and has faced financial constraints
and neighborhood adjustments that have diminished the general condition of the neighborhood;
and
WHEREAS, the City of Miami Beach seeks to encourage and incentivize new
development within the Ocean Terrace and Collins Avenue corridor; and
WHEREAS, the City desires to encourage private property owners to assemble and
redevelop properties comprehensively rather than in a piecemeal fashion; and
WHEREAS, the City of Miami Beach desires to create an overlay zoning district for the
two-block area located between Ocean Terrace and Collins Avenue in-between 73'd and 75ih
Streets, which overlay may assist in improving the neighborhood by providing stimulus to the
community through new commercial and residential uses, as well as other design criteria and
density limits to encourage reinvestment; and
WHEREAS, the purpose of the Ocean Terrace Overlay district is to stimulate
neighborhood revitalization, encourage new development and renovation of important historic
buildings within the Ocean Terrace/Collins Avenue corridor, and improve the pedestrian
environment of the neighborhood; and
WHEREAS, pursuant to Section 1.03(c) of the City Charter, the floor area ration (FAR)
of any property within the City of Miami Beach shall not be increased by zoning, transfer, or any
other means from its current zoned floor area ratio as it exists on the date of adoption of this
Charter Amendment [November 7,2AO11, including any limitation on floor area ratios which are
in effect by virtue of development agreements through the full term of such agreements, unless
{34 120198;7}
65
Exhibit "C"
any such increase in zoned floor area ratio for any such property shall first be approved by a
vote of the electors of the City of Miami Beach; and
WHEREAS, the amendmenl set forth below is 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. That Chapter 142, Article lll entitled "Overlay Districts", Division 10 "Ocean
Terrace Overlay" is hereby created as follows:
DIVISION 10. OCEAN TERRACE OVERLAY
Sec. 142-874. Location and purpose.
(g) The overlav regulations of this division shall apply to the oroperties identified in the Map
below:
(!) The purnose of this overlav district is to:
fll Stimulate neiqhborhood revitalization and encouraqe new development and
renovation of imoortant historic buildinos within the Ocean Terrace / Collins
Avenue corridor.
lQ Encouraqe private propertv owners to assemble and redeveloo orooerties
comprehensivelv rather than in a piecemeal fashion.(3) lmprove the pedestrian environment of the neiqhborhood.
{3a120198;7)
66
Bxhibit t'C"
Sec. 142-875. Compliance with requlations.
The followino overlav requlations shall applv to the Ocean Terrace Overlav. All develooment
requlations in the underlvino requlations shall applv. except as follows:
G) Setbacks.
fi) When a lot or combination of lots abuts two (2) or more streets. the required
lrards shall be classified as follows:a. Front. The areas abuttinq Collins Avenue and Ocean Terrace.
b..c. Side, lnterior. The areas abuttinq an adidcent propertv. For a lot
or combination of lots that have two front setbacks as defined in
this section. the remaining vards not facinq a street shall be
classified as a side interior.
@ Pedestal.a. Front:
1.
desiqnation of CD-2. zero (0) feet.2. For buildinqs situated on properties with an underlving
desiqnation of MXE, five (5) feet.b. Side street. Zero (0) feet, reqardless of the underlvinq zoninq
desionationc. Side interior.
1.
desiqnation of CD-2, zero (0) feet.
2. For buildinqs situated on properties with an underlvinq
desionation of MXE, 7.5 feet.
Il) Tower.a. Front.1. -_for nuitOinos situ
desiqnation of CD-2. 20 feet.2. For buildinqs situated on properties with an underlvinq
desisnation of MXE. 30 feet.
b. Side street. 20 feet reoardless of the underlvinq zoninq
desiqnatiotl.c. Side interior. 20 feet reqardless of the underlvinq zonino
design"ti"tt
11[) Subterranean. Zero (0) feet for all vards reqardless of the underlvino zoninq
desiqnation.
(b) Allowable encroachments and proiections, consistent with Section 142-1132(o). within
required vards.
fll Exterior unenclosed orivate balconies,a. For buildinqs situated on properties with an underlvinq desiqnatlon
of CD-2, allowable encroachment is 7.5 feet into anv required
vard.b. For buildinos situated on properties with an underlvino desiqnation
of MXE:1. Allowable front var-d encroachment is eioht (B) feet.
2. Allowable side interior vard encroachment is six (6) feet'
{341201 98;7}
67
Exhibit "C"
tA Ground level porches. platforms and terraces (up to 30 inches above the
elevation of the lot) are allowed to proiect into a required vard for a distance not
to exceed 50 percent of the required vard up to a maximum proiection of five (5)
feet.
&) Heiqht.
fl) For main use residential buildinqs: lot area less than 20.000 square feet-the
maximum heiqht is based on the underlving zoninq regulations: lot area equal to
or qreater than 20.000 square feet and havinq frontage on both Collins Avenue
and Ocean Terrace-250 feet.
lA For main use hotel buildinqs: lot area less than 20,000 square feet-the
maximum heioht is based on the underlvinq zoninq requlations: lot area equalto
or oreater than 20,000 square feet and having frontaqe on both Collins Avenue
and Ocean Terrace -125 feet.
1!) All other buildinqs the maximum heiqht is as provided in the underlvinq zoninq
requlations.
tL The maximum number of stories is 22 stories.
(g!) Floor Area Ratio.
ll) Lot area less than 20.000 square feet-maximum FAR is based on the
underlvinq zoning requlations.
@ Lot area equal to or qreater than 20.000 souare feet and havino frontaqe on both
Collins Avenue and Ocean Terrace -requlated as follows:a. Regardless of the underlvino zoninq desiqnation:1. The maximum floor area ratio is 1.0.2. Additional FAR of 2,0 (3.0 total maximum) shall be permitted
for residential or hotel (and permitted accessorv uses to
residential and hotel) floor area onlv.
(g) Floor plate. The maximum floor plate size for the lower portion of a buildinq is 10,000
square feet. includinq balconies, per floor. The Historic Preservation Board mav allowfor
an increase in the overallfloor olate, uo to a maximum of 15,000 square feet. includinq
balconies, per floor, in accordance with the certificate of appropriateness criteria in
chapter 118, article X of these land development requlations.
(fl Buildinq separation. All new construction shall complvwith thefollowino. as applicable:
fl) The minimum horizontal separation between the tower portion of two (2)
buildinqs. includinq balconies, is 60 feet.
{A Two (2) buildinqs used as a hotel may be connected in the tower portion of the
. buildinos bv a one-storv, enclosed pedestriaa bridqe, for circulaiion pui"poses
onlv, if approved bv the historic preservation board in accordance with the
certificate of aporooriate[ess criteria in chapter 118. article X of these land
development requlations.(!) The separation requirement between two (2) existinq contributino structures, or
between an existinq contributinq structure and a new buildinq, may be waived bv
the historic preservation board in accordance with the certificate of
appropriateness criteria in chapter 118, article X of these land development
requlations.
(g) Permitted Uses.
{34 120198;7}
68
Exhibit "C"
fl) The main oermitted uses in the Ocean Terrace Overlav Distrist are:
a. Apartments:b. ApartmenUhotels:c. Hotels:d. Commercial:e. Uses that serve alcoholic beveraqes as listed in Chapter 6
(alcoholic beverages) or as specified elsewhere in the Land
Development Regulations.
(!) The conditional uses in the Ocean Terrace Overlav Dislrict are:
a. Public and private cultural institutions ooen to the public:
b. Banquet facilities. defined as an establishment that provides
p3terinq and entertainment to private parties on the premises and
are not othenrvise accessory to another main use:
Outdoor entertainment establishments:
Neiqhborhood impact establishments:
Open air entertainment establishments:
Main use oarkino qaraqes;
Public and private institutions:
Food store sellinq alcoholic beveraoes.
(h) Prohibited Uses
fl) Package alcohol store.
(!) Additional Development Reoulations. Buildinqs with frontaoe on Collins Avenue shall
have either retail or restaurant uses (which mav include neiqhborhood impact
establishment uses) on the front 50 feet of depth of the oround floor with an entrance
that opens onto Collins Avenue.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 4. SEVERABILITY.
lf 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.
c.
d.
e,
t.
g.
h.
{34120198;7}
69
Exhibit "C"
PASSED and ADOPTED this day of 2015.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: July 31 ,2015
Second Reading: December 9, 2015 (Subject to Voter Approval of FAR lncrease)
Verified by:
Thornas R. Mooney, AICP
Planning Director
Underscore denotes new language
Striket++eu€Sden otes removed lan g ua g e
[Sponsor: Commissioner Wolfson; co-sponsors: Commissioner Grieco, Commissioner Malakoff
and Commissioner Weithornl
{ 34 I 20 I 98;7)
70
Egtlgrgr*:lgirEggIIEtg'**
F ggi IG
=EiiEEiE,i
=Ei*;=riFE;r
3 il Ei Iif iEE Ei EFiE;Eg { iEi*E 3;EE I f EE
fl.2
ll''
ll
il
rl
ll
U]z:
Eo
a:Eia-
E
.@,
=
a)
Qr--s
-l
71
=E.rtcff;iF}i$iEEiEIiitE$Ei;iligiEi
lsi;i[Ilr;*sttmgEEg€sll{E;EEEEsEiiiE.
iil isit+a:E siu ,EE ;EI;; f;* Ei i'i EII EE nEi5-
IiEititts iEi ggu. iilEi tgE ;i ra; giE i: $E!!f
Hff tE;iEE,uI tu* EEur *'*Ei *gI it
.2E Ei iEEiiIiis iar EEE sE; f EEr ,Eiii
EBi IiEEiigEElEiEi;EE*EiiiiEiliiEgu*u*rE#fi-E:r:
=THH5i
=5IEE:iutaiE iiEE{egt* Eia sEEi tBEEg iEi iEii3i iii iEix=;E;u+rtEiEiiFE?iEEp!les*E;frEr;EeEE;roE g+s
ex,;EEEBE *EE riEi =*ti EEt rlIi:I* iEfugiZ ti PE
iEi tETEEaE*i :E; EFiE eEIEi
$[[ ii3fluE![!!!!fs ?! €o*i€t;it E
r E: r:i:#t l? E =,i EEEi Fi
!EE
iiEEEEI;I EE* iEIE
Ia-'i uI- *=i,EiiuuIgtE,ilu = E8r,;lEltiIri,EgII-I;iE-EB*EEl,ElE,I*igirt:tgIigg
iiH En;Iii EEf
-ElEEEiIrg ,ItEt *IigP*ci
3
rl
rl
lt
ut!ziut,m:
_!
n,6l
--i-ili-i>ii<i6lzl.
-l
Uzl
I
Eo
J
'?6 I
al
-t'Ei
.@i
=j
ar
<;d,l
!g
=i<l
=i Yx
72
73