| | | | | | | |  | Ordinances - R5 H
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | May 4, 2022 | | | | First Reading
| | SUBJECT: | R-PS1 AND R-PS2 APARTMENT-HOTEL CONVERSION INCENTIVES - LDR
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-694, ENTITLED "NONCONFORMING USES AND STRUCTURES," TO ESTABLISH FAR AND BUILDING HEIGHT INCENTIVES FOR THE CONVERSION OF EXISTING APARTMENT HOTEL USES TO RESIDENTIAL APARTMENT USE; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for _______, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| On September 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to quality-of-life strategies for dealing with future and existing apartment hotels in the South of Fifth area (C4G). On October 19, 2021, the LUSC discussed and continued the item to the December 2021 LUSC meeting with direction to the Administration to study potential strategic increases in FAR and height within the R-PS1 and R-PS2 districts for the limited purpose of incentivizing the conversion of existing apartment hotels to residential use.
The December 2021 LUSC meeting did not take place, and the item was automatically deferred to the first available meeting of 2022. On February 11, 2022, the LUSC discussed the proposal for strategic increases in FAR and height within the R-PS1 and R-PS2 districts and recommended that the draft Ordinance prepared by the Administration be moved to the City Commission for referral to the Planning Board. Additionally, the LUSC recommended the following:
1. The addition of an express prohibition on the short-term rental of any apartment units.
2. A 3-year sunset provision.
On March 9, 2022, the City Commission referred the subject Ordinance, inclusive of the recommendations of the LUSC, to the Planning Board (C4B). |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposed Ordinance amends Section 142-694 of the Land Development Regulations (LDR’s) of the City Code to create incentive provisions for the conversion of existing apartment hotels located in the R-PS1 or R-PS2 district, which are legal non-conforming, to convert to a conforming residential use. Specifically, the following would apply to residential uses that replace existing apartment hotel uses:
R-PS1 District:
• The maximum floor area ratio (FAR) shall not exceed 1.50. Currently the maximum FAR is 1.25. This represents an increase in FAR of .25.
• The maximum building height shall be 55 feet, except for lots 50 feet wide or less, in which case the maximum building height shall be 50 feet. The current maximum building height is 45 feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in overall building height of 10 feet.
R-PS2 District:
• The maximum floor area ratio (FAR) shall not exceed 1.75. Currently the maximum FAR is 1.50. This represents an increase in FAR of .25.
• The maximum building height shall be 65 feet, except for lots 50 feet wide or less, in which case the maximum building height shall be 60 feet. The current maximum building height is 45 feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in overall building height of 20 feet.
A separate, companion Ordinance to amend the future land use element of the 2040 Comprehensive Plan, is also proposed, and would modify the maximum density (maximum number of dwelling units per acre) and intensity (FAR) limits in the R-PS1 and R-PS2 districts to correspond with the proposed LDR amendments pertaining to maximum FAR. These FAR, density and building height limits would only apply to those properties that have a legally established apartment hotel as the main permitted use, and which convert the entire property to a conforming residential use.
The proposed increase in building height in the R-PS1 and R-PS2 districts is commensurate with the proposed increase in maximum FAR. Although this additional height will be slightly taller than what is currently permitted, it will only be applicable to a limited number of properties.
The subject Ordinance mandates that property owner(s) must agree, via recorded covenant, not to engage in short term rentals of any apartment units. Additionally, the provisions of the Ordinance shall only apply to projects that have obtained a full building permit or certificate of use for the conversion to residential use by December 31, 2025, and there shall be no variances from any of the Ordinance provisions.
The attached maps show the existing parcels in the RPS-1 and R-PS2 districts, including those within the boundaries of the Ocean Beach Local Historic District. The maps also denote all existing uses, including those properties that are either currently operating as an apartment hotel or have an active building permit for an apartment hotel. Only those properties legally established as an apartment hotel would be eligible to utilize the proposed FAR and height incentives, and the total number of eligible properties is limited. Also, there is a fixed timeframe for eligible properties to avail themselves of these incentives.
As noted in the attached Density and Intensity Impact Analysis for the affected area, the proposed FAR and density increases could result in an additional 32 units beyond what is permitted today. This could result in an additional 26 peak hour vehicle trips taking place, assuming no trip reductions are provided for public transportation and alternative modes of transportation, which are common for this neighborhood. Given the limited scope of these amendments, the potential impacts are de minimis.
The modest and context sensitive increases in allowable FAR, density and building height proposed for these limited number of properties is not expected to have a negative impact, as the maximum FAR, density and height permitted in these districts is already restricted. Since most of the apartment hotel uses in the area are in smaller, older buildings, a slight increase in allowable FAR and/or building height may incentivize a re-conversion back to residential use.
Lastly, pursuant to Section 1.03(c) of the City Charter, final adoption of the Ordinance, if approved at First Reading, requires voter approval for the proposed increase in FAR. As such, if the item is placed on the __________, 2022 ballot, and it is approved by a majority of City of Miami Beach voters, Second Reading / Adoption of the Ordinance would be scheduled for ____________, 2022.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on April 26, 2022 and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. The City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for _________, 2022.
2. The City Commission approve the ballot question regarding the proposed FAR increase contemplated in the attached draft Ordinance and schedule the item for the __________, 2022 city wide election. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Mark Samuelian and Co-sponsored by Commissioner Alex Fernandez |
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