R5D-CD-3 Architectural District Parking Garage Heights -Malakoff-COMMISSION ITEM SUMMARY
lntended Outcome Su
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
rowth manaoement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the City to requlate development is "about the riqht amount."
Condensed Title:
An Ordinance pertaining to height regulations for CD-3 properties.
Item Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would clarify the existing language governing height in the CD-3 district, as
well as give the historic preservation board the discretion to allow certain buildings to go up to a
maximum of 75 feet in height along James Avenue between 17th Street and Lincoln Rbad.
On January 21,2015, the Land Use and Development Committee recommended that the Ordinance
be approved and sent to the Planning Board with a favorable recommendation.
On July 8,2015, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading and
scheduled a Second Reading Public Hearing for September 2,2015.
The Administration recommends that the City Commission adopt the Ordinance.
T:\AGENDAVOl NG\CD-3 Parking Garage Heights - Secong g SUM.docx
AGENDA 'T'M R5D
DATE ?-2-IT
On June 23,2015, the Planning Board (vote of 5-1), transmitted the subject Ordinance to the City
Commission with an unfavorable recommendation. (Planning Board File No. 2264).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBP!Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm 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
budqet.
Thomas Mooney
MIAMIBEACH 362
MIAMI BEACH
City of Miomi Beoch, '1700 Conveniion Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members off[he City
FROM: Jimmy L. Morales, City Manager
DATE: September 2,2015 READING - PUBLIC HEARING
SUBJECT: GD.3 ARCHITECTURAL DISTRIGT PARKING GARAGE HEIGHTS
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, FLORIDA,
BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,"
ARTICLE ll, 'DISTRICT REGULATIONS", DIVISION 6, "CD-3 COMMERCIAL
HIGH INTENSITY DISTRICT", BY AMENDING SECTION 142.337,,.DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS", TO
CLARIFY AND AMEND THE MAXIMUM HEIGHT REQUIREMENTS;
PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND AN
EFFEGTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission adopt the Ordinance.
BACKGROUND
On January 14,2015, the City Commission (ltem C4L), at the request of Commissioner
Jonah Wolfson, referred a discussion item to the Land Use and Development Committee
(LUDC) regarding proposed amendments to the City Code pertaining to general height
restrictions in the CD-3 zoning district. On January 21, 2015, the Land Use Committee
discussed the item and recommended that an ordinance amendment be referred to the
Planning Board.
On May 6, 2015, at the request of Commissioner Joy Malakoff, the City Commission
referred the attached ordinance to the Planning Board (ltem C4D).
ANALYSIS
The proposed ordinance amendment would allow lots fronting on James Avenue,
bounded by 17th Street to the North and Lincoln Road to the South, to be built up to 75
feet at the discretion of the Historic Preservation Board as long as the properties provide
a minimum of five (5) stories of parking, of which a minimum of 250 spaces must be
unencumbered by any use at the property.
On James Avenue between 17th Street and Lincoln Road, the current uses are mainly
363
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 2015 Page 2 of 4
hotels that are classified as contributing and located within the Museum Historic District.
There is a surface parking lot that spans three lots located on the east side of James
Avenue that could potentially take advantage of this ordinance. The three lots have
stores fronting Collins Avenue, but the rear of the lots face James Avenue. Currently,
the surface parking lot has approximately sixty (60) spaces. This ordinance amendment
would allow for the redevelopment of the rear of these lots into a seven (7) story
structure with a minimum of five (5) stories of parking.
This particular lot is one of the few parcels in the Museum District area (generally from
Lincoln Road to 23'd Street, between Collins and Washington Avenues) that can readily
accommodate a multi-level parking structure. While transitioning to a less automobile
dependent transportation network, the parking needs of the larger hotels in the
immediate area continue to be apparent. The construction of a multi-level garage at this
location could help alleviate the related traffic issues associated with a lack of parking in
the area.
Additionally, the City Code already permits buildings up to 7 stories / 80 feet in height for
lots fronting 17th Street. As such, a future aggregation of properties that includes a lot on
17th Street could result in new buildings at up to 7 stories / 80 feet in height, even without
the proposed code change.
ln the process of reviewing the proposed amendment, planning staff was able to simplify
and clarify the height regulations in the CD-3 zoning district. Currently, this section of
the code, which was poorly drafted and modified over time, has created problems for
both staff reviewing the code, as well as property owners and architects reading the
code. ln this regard, staff is recommending that the entire section be stricken, and re-
written in a more clear and concise form.
The following is a bullet point version of the revised, clarified language proposed within
the body of the Ordinance. Other than the amendment proposed for parking structures
along James Avenue (in bold text), and the removal of the regulations for ocean front
lots (there are no longer any ocean front lots in the CD-3 zoning district), there are no
other substantive changes proposed:
Maximum Buildinq Heiqht:o 75 Feet.o Lots within the architectural district: 50 Feet.. Notwithstanding the foregoing requirements for lofs within the
architectural district, for lots fronting on James Avenue, bounded by ly'h
Streef to the North and Lincoln Road to the South, the historic preservation
board, in accordance with the ceftificate of appropriateness criferia in
chapter 118, article X, shall have discretion to allow up to 75 feet in height
for those properties that provide a minimum of five (5) stories of parking, of
which a minimum of 250 spaces must be unencumbered by any use at the
property.o Lots fronting on 17th Street: 80 Feet.. City CenterArea (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
100 Feet.. Notwithstanding the foregoing requirement for the City Center Area, the following
additional regulations shall apply:
364
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 201 5 Page 3 of 4
The height for lots fronting on Lincoln Road and 16th Street between Drexel
Avenue and Washington Avenue are limited to 50 Feet for the first 50' of lot
depth.
The height for lots fronting on Drexel Avenue is limited to 50 Feet for the first 25'
of lot depth (except as provided in section 142-1161).
Maximum Number of Stories:. 7 Stories.. Lots within the architectural district: 5 Stories.. Notwithstanding the foregoing requiremenE for lofs within the
architectural district, for lots fronting on James Avenue, bounded by ly'h
Sfreef to the Norih and Lincoln Road to the South, the historic preservation
board shall have discretion to allow up to seven (7) stories for those
properties that provide a minimum of five (5) sfories of parking, of which a
minimum of 250 spaces must be unencumbered by any use at the property.o Lots fronting on 17th Street: 7 Stories.. City CenterArea (bounded by Drexel Avenue, 16th Street, Collins Avenue and
the south property line of those lots fronting on the south side of Lincoln Road):
11 Stories, subject to the applicable height restrictions (except as provided in
section 142-1161).
PLANNING BOARD REVIEW
On June 23, 2015, the Planning Board (by a 5-1 vote) transmitted the proposed
Ordinance to the City Commission with an unfavorable recommendation. The Planning
Board, while supportive of the non-substantive text changes proposed, expressed a
concern with the proposed height increase, as it could result in an increase in scale,
mass and height within an area currently limited to five stories / 50 feet in height.
FISCAL IMPAGT
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 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.
SUMMARY
The Planning Board expressed concerns with the proposed Ordinance, particularly as it
pertains to a potential increase in scale and mass within an area that currently limits
overall building heights to 5 stories / 50 feet. The Administration is understanding of and
sensitive to these concerns.
ln order to further address the potential scale and height issues associated with a future
structure taller than 50 feet in height, particularly as it may be perceived from Collins or
Washington Avenue, the Administration has suggested that a minimum setback of 75' be
required from Collins and Washington Avenue for any portion of a building above 50 feet
in height. This would ensure that a future building above 50 feet in height on James
Avenue, with a thru-lot to either Washington or Collins Avenue, would not overuvhelm
those respective streetscapes.
365
Commission Memorandum
Ordinance Amendment - CD3 Parking Garage Heights
September 2, 2015 Page 4 of 4
On July 8,2015, the City Commission approved the subject Ordinance at First Reading
and scheduled a Second Reading Public Hearing for September 2, 2015. The
Commission approval included the recommended additional setbacks from Collins and
Washington Avenue, which have been incorporated into the text of the legislation for
Second Reading.
As indicated previously, in the event that the City Commission is not comfortable with the
proposed increase in height for certain structures along James Avenue, the
Administration would recommend that this portion of the proposed legislation be stricken,
and that the remainder of the Ordinance be approved. As indicated previously, the
current text structure of the height regulations for the CD-3 district is clumsy at best, and
exceedingly difficult to understand. The proposed re-organization of the text, in a non-
substantive manner will help further the stated goals of simplifying and comprehending
the code.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance. ln the
event that the City Commission does not move forward with the aforementioned
amendment pertaining to the maximum height of properties on James Avenue, the
Administration recommends that the remainder of the proposed Ordinance be adopted.
JLM/JMJ/TRM
T:\AGENDAVO1S\SeptembeAPLANNlNG\CD-3 Parking Garage Heights - Second Reading MEM.docx
366
CD.3 ARCHITECTURAL DISTRICT PARKING GARAGE HEIGHTS
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, FLORIDA, BY AMENDING CHAPTER
142, ..ZONING DISTRICTS AND REGULATIONS," ARTICLE II, 'DISTRICT
REGULATIONS'" DIVISION 6, "CD.3 COMMERCIAL HIGH INTENSITY DISTRICT",
BY AMENDING SECTION 142.337, "DEVELOPMENT REGULATIONS AND AREA
REQUIREMENTS", TO CLARIFY AND AMEND THE MAXIMUM HEIGHT
REQUIREMENTS; PROVIDING CODIFICATION; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ("City") seeks to encourage and incentivize
new development and the preservation and restoration of structures located within the
Museum Historic District; and
WHEREAS, the City desires to encourage private property owners to redevelop
properties to accommodate the off-street parking needs of the surrounding properties;
and
WHEREAS, the preservation and restoration of the City's contributing buildings
furthers the general welfare and is especially important to the citizens of Miami Beach;
and
WHEREAS, the preservation and restoration of contributing structures is often
aided by the construction of new buildings on the same property; and
WHEREAS, the City has previously implemented increased height requirements
for parking garages; 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. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations" Division 6, "CD-3 Commercial High lntensity District," is hereby amended as
follows:
Section 142-337. Development regulations and area requirements.
(a) The development regulations in the CD-3 commercial, high intensity district are as follows:
(1) Max FAR: Lot area equal to or less than 45,000 sq. ft.-2.25; Lot area greater than
45,000 sq. ft.-2.75; Oceanfront lots with lot area greater than 45,000 sq. ft.-3.0.
(2) Notwithstanding the above, oceanfront lots in architectural district shall have a
maximum FAR of 2.0.
Page 1
367
(b)
(c)
(3) Notwithstanding the above, lots located between Drexel Avenue and Collins Avenue
and between 16th Street and 17th Street shall have a maximum FAR of 2.75.
(4) Notwithstanding the above, lots which, as of the effective date of this ordinance
(November 14, 1998), are oceanfront lots with a lot area greaterthan 100,000 sq.ft
with an existing building, shall have a maximum FAR of 3.0; however, additional FAR
shall be available for the sole purpose of providing hotel amenities as follows: the
lesser of 0.15 FAR or 20,000 sq. ft.
However, the floor area ratio maximum for residential development, inclusive of hotels, in
the architectural district shall be 2.50.
The lot area, lot width, unit size and building height requirements for the CD-3 commercial,
high intensity district are as follows:
Commercial-
None
Residential-
7,000
Minimum
Lot Width
(Feet)
Commercial-
None
Residential-
50
Minimum
Unit Size
(Square Feet)
Average
Unit Size
(Square Feet)
Commercial-
N/A
New
construction-
800
Rehabilitated
buildings-550
Non-elderly
and elderly
low and
moderate
income
housing: See
section 142-
1L83
Hotel units-
N/A
Maximum
Building
Height
(Feet)
#
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en eeeanfrent lets
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17th Street
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the seuth
Commercial-
N/A
New
construction-
550
Rehabilitated
buildings-400
Non-elderly and
elderly low and
moderate
income housing:
See section 142-
L183
Hotel unit:
L5%: 300-335
85%:335+
For contributing
hotel structures,
located within a
local historic
district or a
national register
district, which
are being
renovated in
Minimum
Lot Area
(Square Feet)
Page 2
368
accordance with
the Secretary of
the lnterior
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.
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7 Stories.
Lots within the
architectural
district: 5 Stories.
Notwithstandins
the foregoing
requirements for
lots within the
architectural
district . for lots
fronting on James
Avenue, bounded
bv 17th Street to
the North and
Lincoln Road to
the South, the
Historic
Preservation
Board shall have
discretion to allow
up to seven (7)
stories for those
properties that
provide a
minimum of five
(5) stories of
oarkins, of which
p+epe+ty+ine++
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the seuth side ef
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en{i{rc€ilfi+dr€nd
16th 5t, between
Drexet+nd
tA/ashin€t€ffir€
limited te 50'fer
the first 50' ef let
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+ren+ing€n-Dr€x€l
AveflJ€-€+e
limited te 50'fer
the first 25' ef let
d€e+h{€x€eet+s
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75 Feet.
Lots within the
architectural
district: 50 Feet.
Notwithstandins
the foregoine
requirements for
lots within the
architectural
district, for lots
fronting on James
Avenue, bounded
bv 17th Street to
the North and
Lincoln Road to
the South, the
Page 3
369
Historic
Preservation
Board, in
accordance with
the certificate of
appropriateness
criteria in chapter
118. article X,
shall have
discretion to allow
up to 75 feet in
heisht for those
properties that
provide a
minimum of five
(5) stories of
parkine. of which
a minimum of 250
spaces must be
unencumbered by
anv use at the
orooertv and
orovided further
that r_minXrum
setbaek-of zffuet
shall be reouired
fron-eslms-asl
Washineton
Avenue for anv
oortion of a
buildins above 50
feet in heisht.
Lots fronting on
17th Street: 80
Feet.
Citv Center Area
(bounded bv
Drexel Avenue,
16th Street.
Collins Avenue
a minimum of 250 I
spaces must be :
unencumbered bv
anv use at the
orooertv. and
orovided further
that-a-mrmmum
setbaekpfzffuet
shall be reouired
froolsllns:ru1
Washineton
Avenue for anv
oortion of a
buildine above 5
stories in heisht.
Lots fronting on
17th Street: 7
Stories.
Citv Center Area
(bounded bv
Drexel Avenue,
16th Street,
Collins Avenue
and the south
propertv line of
those lots fronting
on the south side
of Lincoln Road):
ll Stories. subiect
to the applicable
height restrictions
(except as
provided in
section 142-1151).
Page 4
370
and the south
propertv line of
those lots frontine
on the south side
of Lincoln Road):
100 Feet.
Notwithstandins
the foregoins
requirement for
the Citv Center
Area, the
followins
additional
reeulations shall
applv:
The heieht for lots
fronting on
Lincoln Road and
16th Street
between Drexel
Avenue and
Washington
Avenue are
limited to 50 Feet
for the first 50' of
lot depth.
The heieht for lots
fronting on Drexel
Avenue is limited
to 50 Feet for the
first 25' of lot
depth (except as
provided in
section L42-1161).
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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
Page 5
371
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same
repealed.
SECTION4. SEVERABILIW.
lf any section, subsection, clause or provision of this Ordinance is held
remainder shall not be affected by such invalidity.
SEGTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this _ day of 2015.
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
are hereby
invalid, the
First Reading:
Second Reading:
July 8,2015
September 2,2015
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = New Language
S+it<e+nreush = Deleted Language
Underline = Language Added at First Reading
[Sponsored by Commissioner Malakofl
T:\AGENDA\201S\SeptembeAPLANNlNG\CD-3 Parking Garage Heights - Second Reading ORD.docx
Page 5
372
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