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HomeMy WebLinkAbout2006-26359 Reso RESOLUTION NO. 2006-26359 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AMENDING SECTION 142-303, "CONDITIONAL USES" IN THE "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AMENDING SECTION. 142-333, "CONDITIONAL USES" IN THE "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-693 "PERMITTED USES" IN THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2, COMMERCIAL GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE," AND "C-PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY THE PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, large commercial developments may disrupt the quality of life in abutting and nearby neighborhoods; and WHEREAS, in 2004, the citizens of Miami Beach overwhelmingly approved a Straw Ballot question to limit the construction of new buildings that are larger than 50,000 square feet; and WHEREAS, this proposed amendment will accomplish the wishes of the citizens of the City of Miami Beach to limit large development projects. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT a first reading public hearing is hereby set to be held before the City Commission on December 6, 2006. PASSED AND ADOPTED this 11th day of Oct,'2006. MAYOR ATTEST: ~~ rA-ttk CITY CLERK Robert Parcher David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~?tJ- F:\PLAN\$PLB\draft ordinances\1777 - Structures 50,000 sqft in comm districls\Reso setting public hearing.doc ll)'\~~'" ~ COMMISSION ITEM SUMMARY Condensed Title: A resolution setting a public hearing to consider an amendment to the Land Development Regulations of the City Code requiring Conditional Use approval by the Planning Board for structures 50,000 sq. ft. and over in all commercial districts. Ke Intended Outcome Su orted: Increase satisfaction with development and growth management across the City Issue: Should Conditional Use approval by the Planning Board for structures 50,000 sq. ft. and over be re uired in all commercial districts.. Item Summary/Recommendation: Conditional Use approval by the Planning Board is already required in the 1-1, Light Industrial Districts. This proposed ordinance would expand the requirement to all the commercial districts in the City. The Administration recommends that the Commission set a first reading public hearing for the December 6,2006 meeting.. Adviso Board Recommendation: At the August 22,2006 meeting, the Planning Board recommended by a unanimous vote (7-0) that the City Commission adopt the ordinance including an amendment that reads: "portions of structures divided b a zonin district bounda line shall be a re ated for ur oses of this ordinance." Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Cit Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares City Manager m 'lIIIl!IIJ" MIAMIBEACH AGENDA ITEM DATE C- 7 I:;> If} -//-tJc:' ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ __y October 11, 2006 () TO: DATE: SUBJECT: CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER IN COMMERCIAL DISTRICTS. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AMENDING SECTION 142-303, "CONDITIONAL USES" IN THE "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AMENDING SECTION. 142-333, "CONDITIONAL USES" IN THE "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-693 "PERMITTED USES" IN THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2, COMMERCIAL GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE," AND "C-PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY THE PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that a first reading public hearing be set for the December 6, 2006 meeting. BACKGROUND January 11, 2006 - the City Commission referred to the Planning Board the issue of limiting the size of single-occupancy developments citywide to ensure that projects that are not compatible will not be allowed to occur without certain restrictions. February 28. 2006 - The Planning Board reviewed an ordinance that included all zoning districts - commercial, industrial, mixed use and residential with a recommendation to separate the proposal into two separate ordinances - one for the CD commercial and 1-1 industrial districts, and another one for the RM residential, MXE mixed use, and the PS districts. However the scope of the ordinance was reduced to only the 1-1, Light Industrial District. City Commission Memorandum Conditional Use for structures 50,000 sq.ft. and over in commercial districts October 11, 2006 Page 2 April 11, 2006 - Upon approval on first reading of the ordinance requiring Conditional Use approval for new construction of structures 50,000 square feet and over, the City Commission referred to the Planning Board the expansion of this review beyond the 1-1 district. ANALYSIS The current development regulations, with the exception ofthose newly approved for the 1-1, Light Industrial District, permit new developments of any size to occur in any zoning district in the City subject to Design Review Board (DRB) or Historic Preservation Board (HPB) approval, and the limitations contained within the development regulations of each zoning district. These boards review design and compatibility, but not enough of the impacts the developments may have on the surrounding neighborhoods. During the last few years, the City has been subjected to a great amount of development pressures, which may endanger the urban character as well as the infrastructure of the City, to the extent that it appears that a certain level of growth management has become necessary. It is necessary and very important to maintain the character and the infrastructure of the City at a level that all commercial and residential uses can co-exist. The proposed changes would provide an extra level of scrutiny through the Conditional Use process that would review, in addition to compatibility, other issues such as noise, traffic and other adverse impacts that may result from such developments. The additional review as a Conditional Use, which is defined as a use that would not be appropriate generally or without restriction throughout a particular zoning district, but would be appropriate if controlled as to number, area, location, or relation to the neighborhood, would be able to impose conditions and restrictions that would help in ameliorating any adverse impacts resulting from a particular development. The proposed ordinance will also address to a certain extent the non-binding straw ballot question overwhelmingly approved by the voters of the City in November 2004, to limit the construction of new buildings larger than 50,000 square feet. Supplemental review criteria for these types of projects have already been adopted by the City Commission. It should be noted that a formal Administrative Interpretation of what constitutes a "structure" has been requested and issued. In part, the interpretation says: Section 114-1, of the Code offers the following definition for the word "structure": "Structure means anything constructed or erected, the use of which requires permanent location on the ground. Among other things, structures include buildinas or any Darts thereof, walls, fences, Darkina aaraaes. Darkina lots, signs and screen enclosures" (emphasis added). The word "structure" is an all encompassing term that includes all parts of a building. Thus, in the context of Ordinance 2006-3514, the size of the structure is derived from the sum total of the areas of every part of the structure. 1 1 (Note: this ordinance is the requirement of Conditional Use for structures 50,000 square feet and over in the 1-1 district) City Commission Memorandum Conditional Use for structures 50,000 sq. ft. and over in commercial districts October 11, 2006 Page 3 Case Studies During the course of analyzing strictly commercial or mixed use commercial/residential developments, several concerns have arisen. Two projects approved by the Design Review Board in the past - one mixed use commercial/residential in the CD-2 and the other a commercial project in the CD-3 - have been analyzed to assist in demonstrating these concerns. The development regulations for the CD-2 and CD-3 districts are attached as Attachment A and Attachment B for ease in evaluating these projects. It must be remembered that in the context of measuring the size of a structure, floor area and floor area ratio measure two different things. Section 114-1 provide.s the following definitions: "Floor area ratio means the floor area of the building or buildings on any lot divided by the area of the lot." "Floor area means the sum of the gross horizontal areas of the floors of a building or buildings, measured from the exterior faces of exterior walls..." In calculating the floor area ratio (FAR) of a building, there are certain portions of the floor area that are not included. For instance, floor space used for required accessory off-street parking spaces, up to a maximum of two spaces per residential unit, is not included in the calculation of the floor area ratio. However, in measuring the size of a structure, the floor space occupied by the required parking is included in such calculation. Other things that are included in the calculation of the size of a structure, but are excluded from the FAR calculation are enclosed garbage rooms, terraces, breezeways, or open porches, and exterior unenclosed private balconies, among others. The case studies below analyzed a mixed use commercial/residential development in a CD- 2 district, and a commercial development in a CD-3 district. These developments are small to medium size, and comply with all the development regulations for the districts without having to obtain variances. The project in the CD-2 district consists of a ground-floor commercial use, two levels of parking (one subterranean, one above grade) and three levels of residential units with roof top amenities. The project in the CD-3 district consists of ground floor and second floor retail uses, third floor of offices and parking, and roof top amenities. Case Study 1: CD-2 district - Mixed use commercial/residential proiect Lot area: 20,000 square feet FAR: 2.0 (as per RM-2) Project meets all development regulations and requires no variances. All the required parking is provided on site, and recreational amenities are located on the roof deck. Size of structure: Subterranean parking: Ground floor (comm.): Second floor (parking): Third floor (res.): 16,872 square feet 17,100 square feet 13,295 square feet 17,100 square feet (w/terraces) - 8,465 square feet w/o City Commission Memorandum Conditional Use for structures 50,000 sq. ft. and over in commercial districts October 11, 2006 Page 4 Fourth & fifth floors (res): Rooftop: terraces 9,689 square feet w/terraces - 8,344 square feet w/o terraces 8,798 square feet. Total size of structure with terraces and roof top amenities: 92,543 square feet Total size of structure without terraces but with the roof top: 81,518 square feet. Case Study 2: CO-3 - Commercial proiect Project meets all development regulations and requires no variances. All the required parking is provided on site, and amenities are located on the roof deck. Lot area: 7,982 square feet FAR: 2.25 Size of structure: First Floor: Second floor: Third floor: Roof deck: 6,315 square feet 7,345 square feet 7,296 square feet 5,676 square feet Total size of the structure: 26,632 square feet The development in the CO-2 district consists of two lots with street frontage of approximately 125 feet, five floors, total height of 47 feet (below the maximum allowed by the LORs) and an FAR of 2.0, which translate into 40,000 square feet of floor area. However, when measuring the size of the structure, "... the sum of the gross horizontal areas of the floors of a building..... the total size of the structure is 92,543 square feet and would be subject to the Conditional Use review by the Planning Board, as required in the proposed ordinance. The development in the CO-3 district consists of one corner lot with two street frontages, a total lot area of +/- 8,000 square feet, total height of 55 feet, three floors and an FAR of 2.25, which translates into +/- 18,000 square feet of floor area. Similar to the CO-2 project, when measuring the size of the structure, the total size is 26,632 square feet. If similar to the CO- 2 development, this one was placed on a double lot, everything else remaining equal, certainly the size of the structure would almost double in size and be subject to the Conditional Use review by the Planning Board, as proposed. These analyses raise questions and concerns. First, what is the purpose of the ordinance and what is it trying to accomplish. Is it strictly the size of the structure, or is it adverse impact it may have on the surrounding area. Certainly a five-story mixed use commercial/residential building is the kind of development that would be desirable in a community. A commercial ground floor can help activate a street as opposed to a residential ground floor which could be a very passive, innocuous fac;ade. Perhaps the big question is how much of a street frontage does this kind of mixed use development may cover. If we take the same kind of mixed use development, but rather than 125 feet of frontage, it is 150-175 feet of frontage, or three lots or more, then we can see that the impact is much greater, and with greater lot area, then we can start to perceive City Commission Memorandum Conditional Use for structures 50,000 sq.ft. and over in commercial districts October 11, 2006 Page 5 adverse impacts to the surrounding area. Perhaps if this type of methodology is used, street frontage rather than total size of structure, or a combination of both, developments would then have to be reviewed through the Conditional Use process. Using the same approach as above, and applying it to the commercial development in the CD-3 district, we can see that the structure on the single lot measures more or less 26,600 square feet. When the frontage expands to three lots - more or less 150 feet of frontage- then we can see that the FAR alone (24,000 square feet of lot area x 2.25 FAR = 54,000 square feet) would bring a structure into the proposed Conditional Use review requirement. Again the question arises whether the Conditional Use review should be triggered by the structure size or some other type of measure. In summary, these are the questions and concerns that staff suggest should be discussed and explored further: 1. Should the Conditional Use requirement be strictly a function of the structure . ? size. or, 2. Should mixed use commercial/residential developments be treated differently than strictly commercial developments?, or 3. Should the length of the street frontage, as it relates to the impact of a structure on the neighboring area be one of the deciding factors?, or 4. What kind of development would create more impact - one that uses a large amount of street frontage, or one that because of its design and code requirements exceeds the 50,000 square feet threshold, but takes up a lesser percentage of the street frontage? Advertisina recuirements Pursuant to Section 118-164(1) of the City Code, in all cases in which the proposed amendment changes the actual list of permitted, conditional or prohibited uses in a zoning category, and the proposed amendment involves less than ten contiguous acres, mailed notice must be provided to property owners of record of land lying within 375 feet of the land, that would be affected by the proposed amendment. Such notice shall be given at least 30 days prior to the date set for the public hearing. Although the proposed ordinance would affect all the commercial districts in the City, some are not contiguous and are less than 10 acres. These smaller districts require the 30-day mailed notice, which will be sent out with sufficient time before the December 6, 2006 meeting. In addition, this proposed ordinance will be advertised in the newspaper at least seven days before the first public hearing and a second one at least five days prior to the second public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. CONCLUSION The Administration recommends that the City Commission set a first reading public hearing on the proposed ordinance for the December 6, 2006 meeting. City Commission Memorandum Conditional Use for structures 50,000 sq. ft. and over in commercial districts October 11, 2006 Page 6 Pursuant to Section 118-164(2), the City Commission shall hold two advertised public hearings on the proposed ordinance, with at least one hearing being held after 5:00 p.m. JMG/TH/JGG/ML T:\AGENDA\2006\oct11 06\consent\ 1777 - 50,000 sqft structures in comm districts.doc " Attachment "A CD-2, Commercial medium intensity zoning district Development regulations Sec. 142-306. Development regulations in the CD-2 commercial, medium intensity district: Maximum Minimum Minimum Minimum Average Maximum Maximum Floor Lot Area Lot Width Apartment Apartment Building Number Area Ratio (Square Ft) (Feet) Unit Size Unit Size Height of Stories (Square Ft) (Square Ft) (Feet) 1.5 Commercial-- Commercial- Commercial- Commercial- 50 (Except 5 (Except as None -None -N/A -N/A as provided provided in Residential-- Residential-- New New in section section 142- 7,000 50 construction- construction- 142-1161) 1161) -550 -800 Rehabilitated Rehabilitated buildingsn buildingsn 400 550 Elderly Elderly housing: See housing: See section 142- section 142- 1183 1183 Hotel unit: Hotel units-- 15%: 300-- N/A 335 85%: 335+ Sec. 142-307. Setback requirements for the CD-2 commercial, medium intensity district: Front Side, Side, Facing Rear Interior a Street At-grade parking 5 feet 5 feet 5 feet 5 feet If abutting an lot on the same lot alleYnO feet Subterranean o feel o feet o feet o feet Pedestal and tower o feet 10 feet when 1 0 feet when 5 feet ( non-oceanfront) Residential uses abutting a abutting a 10 feet when shall follow the residential district, residential district, abutting a RM-1,2,3 otherwise none unless separated residential district setbacks Residential uses by a street or unless separated (See sections 142- shall follow the waterway by a street or 156,142-218 and RM-1, 2, 3 otherwise none waterway in which 142-247) setbacks Residential uses case it shall be 0 (See sections 142- shall follow the feet. Residential 156, 142-218 and RM-1, 2, 3 uses shall follow 142-247) setbacks the RM-1, 2, 3 (See sections 142- setbacks 156,142-218 and (See sections 142- 142-247) 156, 142-218 and 142-247) Pedestal and tower Pedestaln15 feet Commercial uses-- Commercial uses-- 25% of lot depth, (oceanfront) Tower--20 feet + 1 10 feet 1 0 feet 75 feet minimum foot for every 1 foot Residential uses Residential uses from the bulkhead increase in height shall follow the shall follow the line whichever is above 50 feet, to a RM-1, 2, 3 RM-1, 2, 3 greater maximum of 50 setbacks setbacks Residential uses feet, then shall (See sections 142- (See sections 142- shall follow the remain constant. 156,142-218 and 156,142-218 and RM-1, 2, 3 Residential uses 142-247) 142-247) setbacks shall follow the (See sections 142- RM-1, 2, 3 156, 142-218 and setbacks 142-247) (See sections 142- 156,142-218 and 142-247) (b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: (1) Setbacks. When more than 25 percent of the total area of a building is used for residential or hotel units, any floor containing such units shall follow the RM-1, 2, 3 setback regulations. (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-2 district. " Attachment "8 CD-3, Commercial high intensity zoning district Development regulations Sec. 142-337. Development regulations and area requirements in the CD-3 commercial, high intensity district: (1) Max FAR: Lot area equal to or less than 45,000 sq. ft.--2.25; (c) The lot area, lot width, unit size and building height requirements: Minimum Lot Minimum Lot Minimum Unit Size Average Unit Maximum Building Maximum Number Area (Sq Ft) Width (Feet) (Sq Ft) Size: (Sq Ft) Height (Feet) of Stories Commercial-- Commercial-- Commercial--N/A Commercial--N/A 75 7 None None New Construction New Oceanfront lots--200 Oceanfront lots--22 Residential-- Residential-- -550 construction--800 Oceanfront lots within Oceanfront lots within 7,000 50 Rehabilitated Rehabilitated the architectural dist., the architectural dist., buildings--400 buildings--550 new construction--120; new construction--13; Elderly housing: Elderly housing: ground floor additions ground floor additions See section 142- See section 142- to existing structures to existing structures 1183 1183 on oceanfront lots--50 on oceanfront lots--5 Hotel unit: Hotel units--N/A Lots fronting on 17th Lots fronting on 17th 15%: 300--335 Street --80 Street--7 85%: 335+ Non-oceanfront lots Non-oceanfront lots within the architectural within the architectural dist.-- 50 dist.-- 5 City Center Area City Center Area (bounded by Drexel (bounded by Drexel Ave., 16th St., Collins Ave., 16th St., Collins Ave., the south Ave., the south property line of lots property line of lots fronting on the south fronting on the south side of Lincoln Rd., side of Lincoln Rd., Washington Rd., and Washington Ave., and Lincoln Rd.)-- 100; Lincoln Rd.)--11, except the height for subject to the lots fronting on Lincoln applicable height Rd. and 16th St. restrictions (except as between Drexel and provided in section Washington are limited 142-1161) to 50' for the first 50' of lot depth; and except the height for lots fronting on Drexel Avenue are limited to 50' for the first 25' of lot depth (except as provided in section 142-1161) Sec. 142-338. Setback requirements for the CD-3 commercial, high intensity district: Front Side, Interior Side, FacinQ a Street Rear At-grade parking lot 5 feet 5 feet 5 feet 5 feet on the same lot If abutting an alley--O feet Subterranean o feet o feet o feet o feet Pedestal and tower o feet 10 feet when 10 feet when 5 feet (non-oceanfront) Residential uses abutting a residential abutting a residential 10 feet when shall follow the RM- district, otherwise district, unless abutting a residential 1, 2, 3 setbacks none separated by a street district unless (See sections 142- Residential uses or waterway separated by a street 156,142-218 and shall follow the RM- otherwise none or waterway in which 142-247) 1, 2, 3 setbacks Residential uses case it shall be 0 (See sections 142- shall follow the RM- feet. Residential 156, 142-218 and 1,2,3 setbacks uses shall follow the 142-247) (See sections 142- RM-1, 2, 3 setbacks 156, 142-218 and (See sections 142- 142-247) 156,142-218 and 142-247) Pedestal and tower Pedestal--15 feet Commercial uses-- Commercial uses-- 25% of lot depth, 75 (oceanfront) Tower--20 feet + 1 1 0 feet 10 feet feet minimum from foot for every 1 foot Residential uses Residential uses the bulkhead line increase in height shall follow the RM- shall follow the RM- whichever is greater above 50 feet, to a 1,2,3 setbacks 1,2,3 setbacks Residential uses maximum of 50 feet, (See sections 142- (See sections 142- shall follow the RM- then shall remain 156,142-218 and 156,142-218 and 1, 2, 3 setbacks constant. Residential 142-247) 142-247) (See sections 142- uses shall follow the 156, 142-218 and RM-1 , 2, 3 setbacks 142-247) (See sections 142- 156,142-218 and 142-247) (b) The tower setback shall not be less than the pedestal setback. (c) Parking lots and garages: If located on the same lot as the main structure the above setbacks shall apply. If primary use the setbacks are listed in subsection 142-1132(n). (d) Mixed use buildings: Calculation of setbacks and floor area ratio: (1) Setbacks. When more than 25 percent of the total area of a building is used for residential or hotel units, any floor containing such units shall follow the RM-1, 2, 3 setback regulations. (2) Floor area ratio. When more than 25 percent of the total area of a building is used for residential or hotel units, the floor area ratio range shall be as set forth in the RM-3 district.