| | | | | | | |  | Ordinances - R5 I
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 -
COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN RESILIENT LAND USE ELEMENT AT (1) TABLE RLU 1.1 TO PROVIDE THAT THE DENSITY AND INTENSITY LIMITS OF THE R-PS-1 AND R-PS-2 LAND USE CATEGORIES SHALL REFER TO POLICY LIMITS OF EACH RESPECTIVE CATEGORY; AT (2) POLICY RLU 1.2.22, ENTITLED “MEDIUM-LOW DENSITY RESIDENTIAL PERFORMANCE STANDARD (R-PS-1)” TO MODIFY DENSITY AND FLOOR AREA RATIO LIMITS OF THE R-PS-1 LAND USE CATEGORY TO INCENTIVIZE THE CONVERSION OF LEGALLY NONCONFORMING APARTMENT-HOTEL USES TO CONFORMING RESIDENTIAL USES; AND AT (3) POLICY RLU 1.2.23, ENTITLED “MEDIUM DENSITY RESIDENTIAL PERFORMANCE STANDARD (R-PS-2)” TO MODIFY DENSITY AND FLOOR AREA RATIO LIMITS OF THE R-PS-2 LAND USE CATEGORY TO INCENTIVIZE THE CONVERSION OF LEGALLY NONCONFORMING APARTMENT-HOTEL USES TO CONFORMING RESIDENTIAL USES; PURSUANT TO THE EXPEDITED STATE REVIEW PROCESS IN SECTION 163.3184 (3), FLORIDA STATUTES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, 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 an LDR Ordinance, inclusive of the recommendations of the LUSC, to the Planning Board (C4B).
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The subject Ordinance amends the Resilient Land Use Element of the City’s 2040 Comprehensive Plan as follows:
Policy RLU 1.1.22 - Medium-Low Density Residential Performance Standard (R-PS-1)
• Apartment hotels are deleted as a permitted use; this is a non-substantive modification to harmonize the comprehensive plan with the LDRS. This change does not conflict with, nor supersede the LDR Amendment adopted in 2021 that prohibits apartment hotels in the R-PS1 zoning district.
• The maximum intensity (FAR) in the R-PS1 district is 1.25. The proposed Ordinance allows properties with a legally established non-conforming apartment hotel use that are converted to conforming residential uses to utilize a maximum FAR of up to 1.5.
• The current density limit in the R-PS1 district is 57 dwelling units per acre. The proposed Ordinance allows properties with a legally established non-conforming apartment hotel use that are converted to conforming residential uses to utilize a maximum density of up to 80 dwelling units per acre. This proposed density increase is to accommodate the increase in allowable intensity for properties that convert from apartment hotel use to residential use.
Policy RLU 1.1.23 - Medium Density Residential Performance Standard (R-PS-2)
• Apartment hotels are deleted as a permitted use; this is a non-substantive modification to harmonize the comprehensive plan with the LDRS. This change does not conflict with, nor supersede the LDR Amendment adopted in 2021 that prohibits apartment hotels in the R-PS1 zoning district.
• The maximum intensity (FAR) in the R-PS1 district is 1.50. The proposed Ordinance allows properties with a legally established non-conforming apartment hotel use that are converted to conforming residential uses to utilize a maximum FAR of up to 1.75.
• The current density limit in the R-PS1 district is 70 dwelling units per acre. The proposed Ordinance allows properties with a legally established non-conforming apartment hotel use that are converted to conforming residential uses to utilize a maximum density of up to 95 dwelling units per acre. This proposed density increase is to accommodate the increase in allowable intensity for properties that convert from apartment hotel use to residential use.
The subject Ordinance is a companion to a separate LDR Ordinance that 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. The proposed increases in density and intensity 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.
As noted in the attached Density and Intensity Impact Analysis, 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 proposed for these limited number of properties is not expected to have a negative impact, as the maximum FAR 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 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.
COMPREHENSIVE PLANNING REVIEW PROCESS
This referral includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, 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.
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 |
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