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LTC 468-2020 Planning Board Citywide Floor Area Ratio (FAR) DiscussionD o cu S ig n E nv e lo p e ID : AA C O C O A 1-B B 2 1-4 C 3 1-8 A B E -B 4 C 4 A 14 E F 6 C 5 MIAM[BEACH OFFICE OF THE CITY MANAGER NO. LTC# 468-2020 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Raul J. Aguila, Interim City Manager DATE: December 18, 2020 Œ OocuSigned by: P-al ). Ad- 28306240F928450.. SUBJECT: Planning Board Citywide Floor Area Ratio (FAR) Discussion On September 22, 2020 the Planning Board held a discussion regarding floor area and floor area ratio (FAR), including how FAR can be used in furtherance of specific strategic goals. As part of the discussion, the Planning Department provided the Planning Board with a list of potential options for modifications to the definition of FAR that were previously presented to the Land Use and Sustainability Committee (LUSC). These options were related to specific goals such as improving resiliency, developing workforce and affordable housing, and restoring historic buildings. The following are a list of potential options regarding FAR and the Planning Board's recommendations (underlined): 1. Bonus FAR/incentives related to resiliency and other defined policy benchmarks. a. Exclusions for the conversion of non-required enclosed parking spaces facing a waterway. The City has many non-conforming parking areas facing a waterway, including the ocean. The Code was modified many years ago to require active uses at all levels of a building when facing a waterway. Such existing non-conforming parking areas are typically characterized by blank walls, often several stories high, or open parking structures. Such structures have a significant negative impact on the City's overall character, especially when viewed from the public beach walk or bay walk. Conversion of such spaces would allow active uses with glazing and architectural treatment that would improve the visual character along the waterfront. The administration should note that a ballot measure including this proposal failed last November. Additional restrictions and protections may need to be contemplated to limit the area and depth of non-conforming parking to be converted. A potential ballot question could allow for the conversion of a fixed number of non- required parking spaces to active retail or back of house spaces, within oceanfront parking structures in local historic districts that expand public access to the beach or baywalk. The Planning Board recommends that the concept be expanded to include all parking facilities and continue to be explored. Additionally. the Planning Board recommends that additional checks and balances be incorporated in order to allow for conversions from parking to other uses. DocuSign Envelope ID: AACOCDA 1-BB21-4C31-8ABE-B4C4A 14EF6C5 L TC- Planning Board Citywide Floor Area Ratio (FAR) Discussion Date: December 18, 2020 Page: 2 of 5 b. Resiliency and adaptation bonuses. This would apply to all zoning districts, and the actual bonus number would be conditioned upon tangible improvements that substantially increase and improve the sustainability of new and existing structures. These improvements would go above and beyond minimum code requirements and the bonuses are intended to incentivize such improvements. The actual bonus points would be added to the maximum FAR permitted on the property and would be capped at a fixed number. For example, an RM -2 property, which has a maximum FAR of 2. O, would be able to increase the overall FAR to a maximum of 2.5 with resiliency bonus points. A potential ballet question could provide for an amendment to create FAR bonus points, not to exceed .5 for all zoning districts, in accordance with the following schedule: i. Elevating the first floor of an existing structure to a minimum of BFE + 1 foot: .25 points (note, this bonus only applies to existing structures, not new construction). ii. Improving a seawall and raising the height to a minimum of 5. 7 feet NAVO: .10 points (note: this bonus only applies to new permit applications). iii. Self-sustaining electrical and surplus stormwater retention and reuse. This shall include stormwater retention that is over and above the minimum requirements in order to accommodate offsite stormwater, including the reuse of such stormwater through purple pipes throughout the building. Additionally, the entire building shall be fully self-contained in terms of electrical power using solar panels and similar electricity generating devices: .25 points iv. Provide active recreation facilities that are available to the general public, and serve a recreational need for the immediate area, in consultation with and subject to the approval of the city's parks and recreation department: .10 points. v. Achieve LEED platinum certification, in accordance with the requirements of chapter 133 of the City Code: .15 points. vi. Provide onsite adaptation areas, which are fully accessible from the public right of way and provide tangible drainage, stormwater retention and related resiliency and sustainability benefits: .10 -35 points depending upon the overall size and level of improvement. The P lanning Board reco m m ends that the co ncept co ntinue to be refi ned and m ove fo rw ard. c. First level interior transitional access for non-residential buildings. This would include stairs, ramps, and lifts required to get from the sidewalk level up to a higher finished first floor level. This would encourage commercial properties to elevate their first floor to be more resilient to flooding, while still providing a transparent, active storefront at the sidewalk level. DocuSign Envelope ID: AACOCDA 1-BB21-4C31-8ABE-B4C4A 14EF6C5 L TC- Planning Board Citywide Floor Area Ratio (FAR) Discussion Date: December 18, 2020 Page: 3 of 5 A potential ballet question could provide for an amendment to allow for interior stairs, ramps, and lifts at the first level of a non-residential building, which are required to get from the sidewalk level up to a higher finished first floor level. The Planning Board recommends that the concept move forward. d. New floor area within volumetric buildings such as historic theatres. In this regard, there are historic theatres in the City that need adaptive re-purposing, such as a conversion to retail or food & dining establishments. However, if the building is legal non- conforming as to maximum FAR, there is no opportunity under the code to add additional floor plates within the structure, even though they will not be visible. This would require additional study to identify all eligible structures, as well as determine a fixed cap on the amount of additional FAR that may be added. It is further recommended that any potential amendment be limited to the introduction of new floor plates within contributing structures in local historic districts, as well as designated historic sites, that are legal non-conforming in terms of FAR and were originally constructed as theatres. The Planning Board recommends that the concept continue to be refined to incentivize the resiliency of these types of structures and move forward. e. Exempting the floor area of existing contributing buildings which are elevated. Although any demolition is subject to a Certificate of Appropriateness from the Historic Preservation Board, such exemption could encourage elevating such structures to ensure their long-term viability, as the added square footage could help offset the costs to elevate these buildings. This would require additional study in order to identify all eligible structures, as well as determine a fixed cap on the amount of FAR that would be exempt. It is further recommended that the amendment be informed by the forthcoming resiliency code, as well as the historic and adaptation guidelines developed for the City's historic districts. The Planning Board recommends that the concept continue to be refined to include contributing buildings in national register districts and move forward. f. Bonus for providing affordable and/or workforce housing, as defined in the City Code. The Comprehensive Plan already has increased density allowances for affordable and workforce housing. As such, an FAR bonus for providing such types of units should not require modifying the density limitations of the Comprehensive Plan. This should be limited to rental housing to ensure that the constructed units are available for the long- term. Additional study would be needed in order to identify applicable areas of the City, as well as determine the potential impact on density. The Planning Board recommends that the concept continue to be refined and move forward. Additionally, the Planning Board recommends that additional incentives for workforce and affordable housing be considered, including bonus height, design criteria, and other regulatory incentives, in addition to FAR incentives. D o cu S ig n E n v e lo p e ID : A A C O C D A 1-B B 2 1-4 C 3 1-8 A B E -B 4 C 4 A 14 E F 6 C 5 L TC - Planning Board Citywide Floor Area Ratio (FAR) Discussion Date: December 18, 2020 Page: 4 of 5 g. Bonus for providing Transit Oriented Development (TOD) along defined corridors in the City. TOD's are an excellent tool for promoting development that minimizes the impact of single car vehicles. As TOD's are located adjacent to or abutting dedicated transit lines, as well as multiple transit modes, they are ideal for end users who do not own or rely on a single motor vehicle. In order to encourage these types of uses, additional FAR in the form of a bonus or TOR is ideal. In order to identify defined transit corridors in the City, as well as better assess the expected operational dates of the beach corridor, it is recommended that this proposal move forward after 2021. The Planning Board recommends that as more precise public transportation plans are developed by Miami-Dade Transit that proposals for TOD FAR incentives be studied and presented to the Planning Board. 2. Strategic FAR increases within specific zoning districts. Existing low intensity districts, such as RM-1, low intensity residential districts, and CD-1, commercial low intensity districts, currently have very low maximum FAR and face challenges with regard to meeting minimum building and life safety code requirements. In the administration's prior analysis, the areas of stair and elevators consume, on average, about 8% of a building's available FAR. For an RM- 1 zoned property, an increase of 8% would result in an FAR of 1.35, vs the typical maximum of 1.25. For an 8,000 SF lot, the resulting FAR or 1.35 would result in an area of 10,800 SF, vs the current maximum of 1.25 or 10,000 SF. A potential ballot question could provide for an amendment to increase the maximum FAR in RM-1 districts to 1.35 and in CD-1 districts to 1.25. The Planning Board recommends that the proposal move forward as it relates to the CD- 1 district and that the proposal as it relates to the RM-1 district not be pursued. 3. The creation of Transfer of Development Rights (TDR) Programs in specified areas of the City. Allowing properties, within defined transfer and receiver districts, to transfer some or all their development rights to another property has two significant benefits. First, it does not result in an overall increase in intensity within the larger area. Second. It provides a vehicle for vulnerable and at-risk properties to become adaptation areas. A process to manage a TOR program would need to be developed, and transfer and receiving districts would need to be established. Transfer districts could, potential/y, be limited to lower- density zoning districts such as RM-1, as well as more vulnerable areas on the west side of the City. Receiving districts should be areas with higher intensity and higher density zoning, such as the CD-2 and CD-3 Commercial Districts, and RM-3 high intensity residential district. Additionally, receiving districts should be located within defined transportation corridors. A cap on the maximum percentage beyond the FAR of the underlaying zoning district would also need to be established, as well as a review of potential height increases to go along with an increased FAR. Additional study would be necessary in order to identify applicable areas DocuSign Envelope ID : AA C 0C DA 1-BB21-4 C31-8ABE-B4C4A 14EF6C5 L TC - Planning Board Citywide Floor Area Ratio (FAR) Discussion Date: December 18, 2020 Page: 5 of 5 for a TOR program. The Planning Board recommends that the concept continue to be studied. 4. R em oving all exem ptions, counting everything within a building envelope, including parking, and increasing the FAR across the City. This would incentivize less parking and more efficient circulation. However, the actual increases in FAR would need to be evaluated on a district basis. It would also provide a more predictable measure of the maximum volume of a building. Additional study would be necessary in order to properly analyze this concept. It is further recommended that the proposal, if recommended, be informed by the forthcoming resiliency code. The Planning Board recommends that this option not be pursued at this time. The Planning Board also recom m ended that since these item s require voter approval that the sen~~), of the public and their potential support and understanding of the different options be 1 „t r es RJA/ETC /T R M/RA M C : Rafael G ranado, City Clerk F:\PLA N\$ALL\CM _RESP\2 020\L TC - Novemb er 2020 Planning Board FAR Recommendations.docx