| | | | | | | |  | Committee Assignments - C4 V
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 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - PROPOSED OVERLAY FOR FOURTH STREET. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the proposal for an LDR Amendment to the Planning Board. |
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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 the following direction:
1. The Administration shall further 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.
2. The resident supervisor requirement for apartment hotels shall be fully enforced in conjunction with the Customer Service and Code Compliance Departments. An update will be provided to the LUSC.
3. The Administration will prepare a draft for a 4th Street Overlay.
4. In conjunction with the Parking and Police Departments, the code provisions regarding the use of handicap placards shall be enforced and an update will be provided to the LUSC.
5. A separate meeting with affected residents shall be scheduled with the Transportation Department to provide a status update on the traffic calming initiative for the South of Fifth Street area. The Transportation Department will look at how this traffic calming initiative may be accelerated, as well as temporary improvements such as bumps. An update will be provided to the LUSC.
6. A meeting will be organized with all applicable City Departments and affected stakeholders within the South of 5th area to further discuss ways to improve residents’ quality of life and provide an update to the LUSC.
The December 2021 LUSC meeting did not take place, as Commission Committees had not been appointed. The item was automatically deferred to the first available LUSC meeting of 2022.
On February 11, 2022 the LUSC discussed the item and took the following action:
1. Recommended that the City Commission transmit the proposed LDR amendment pertaining to FAR and Height incentives for converting existing apartment hotels to residential to the Planning Board for review and recommendation. Additionally, the LUSC included a modification that the Ordinance include a sunset period and incorporate language for a voluntary covenant for short-term rentals.
On March 9, 2022 the City Commission referred the subject Ordinance to the Planning Board, including the revisions recommended by the LUSC. The Planning Board is scheduled to review the subject Ordinance on April 26, 2022.
2. Continued the remainder of the item to the April 8, 2022 LUSC meeting to discuss the following:
a. An update on the enforcement of apartment hotel provisions, including all violations issued to date, and recommendations for enhanced penalties.
b. Updated information on the maximum occupational load for hotel units under the Florida Building Code and Life-Safety Code.
c. The framework for a potential 4th Street overlay.
On April 8, 2022 the LUSC recommended that the proposal for a 4th Street Overlay be referred to the Planning Board, for consideration as an Ordinance Amendment. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The following are draft criteria for an overlay along 4th Street, which would be prospective (existing uses and developments would be grandfathered):
Building Height
To address the potential future issues of context along the north side of 4th Street, maximum overall building height could be limited to 50 feet within the first 2 platted lots on the north side of 4th Street, regardless of use. A maximum height of 50 feet within this portion of the overlay would still allow for an appropriate and sensible distribution of the maximum FAR of 2.0. Additionally, under the certificate of appropriateness criteria in the Code, the Historic Preservation Board has significant latitude in requiring adjustments to overall building height, massing and the distribution of allowable building volume.
The Administration does not recommend limiting building height to anything less than 50 feet within any portion of the proposed overlay, as it could disproportionally affect smaller lots and development sites that do not have enough area to distribute the maximum allowable FAR. In this regard properties within the C-PS2 district have a maximum FAR of 2.0. As such, some flexibility in terms of overall building height is needed to allow for adequate architectural latitude in the distribution of this allowable volume.
Alcoholic Beverage and Use Restrictions
The following are additional types of regulations that could apply to properties located between 4th Street and 5th Street within the C-PS2 district, as well as more specific regulations for the first 2 platted lots north of 4th Street:
• Outdoor ambient music and television sets would be prohibited within 100 feet of the north side of 4th Street, unless approved by the Planning Board, pursuant to the Conditional Use criteria.
• Access points to transient uses (e.g., hotels), as well as food and beverage establishments serving alcohol, would be limited to side streets only, and would not be permitted on 4th Street. Additionally, a minimum setback from the north side of 4th Street, for all public entry points, should be required.
• Adding nuisance uses to a list of prohibited uses for the entire C-PS2 district. Such uses could include, but not be limited to, convenience stores, smoke/vape stores, package stores and the retail sale of alcohol for off premise consumption.
If referred, the criteria for a 4th Street overlay will be incorporated into an LDR Amendment for review and transmittal by the Planning Board.
APPLICATION FEE WAIVER
The subject amendment is being referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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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. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission refer the proposed Ordinance to the Planning Board. |
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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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