| | | | | | | |  | Ordinances - R5 N
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | December 13, 2023 | | | | First Reading
| | SUBJECT: | SOUTH BEACH DEVELOPMENT REGULATIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," AT SECTION 7.2.6, ENTITLED "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY"; SECTION 7.2.11, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT"; SECTION 7.2.12, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT"; AND SECTION 7.2.13, ENTITLED "MIXED USE ENTERTAINMENT DISTRICT"; TO MODIFY HEIGHT LIMITS AND SETBACK REQUIREMENTS IN AREAS OF THE CITY LOCATED SOUTH OF 23RD STREET; 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 January 2024. |
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| | | | | | | | BACKGROUND/HISTORY
| On September 13, 2023, at the request of former Mayor Dan Gelber, Commissioners Alex Fernandez and Laura Dominguez, and then Commissioner/newly elected Mayor Steven Meiner, the City Commission referred an amendment pertaining to the Live Local Act (the Act) to the Planning Board (C4 R). The purpose of this referral was for Planning staff to draft ordinance amendments to clarify the requirements of the Act within the City’s development regulations and to address the maximum building height provisions set forth in the Act.
On March 24, 2023, the Florida Legislature adopted Senate Bill 102, known as the “Live Local Act” which, in pertinent part, provides development incentives and overrides certain local zoning regulations for developments that provide at least 40% workforce housing in commercial, industrial, and mixed-use districts. Specifically, the Live Local Act amends section 166.04151, Florida Statutes, entitled “Affordable Housing,” to add the following text:
(7)(a) A municipality must authorize multifamily and mixed use residential as allowable uses in any area zoned for commercial, industrial, or mixed use if at least 40 percent of the residential units in a proposed multifamily rental development are, for a period of at least 30 years, affordable as defined in s. 420.0004. Notwithstanding any other law, local ordinance, or regulation to the contrary, a municipality may not require a proposed multifamily development to obtain a zoning or land use change, special exception, conditional use approval, variance, or comprehensive plan amendment for the building height, zoning, and densities authorized under this subsection. For mixed-use residential projects, at least 65 percent of the total square footage must be used for residential purposes.
(b) A municipality may not restrict the density of a proposed development authorized under this subsection below the highest allowed density on any land in the municipality where residential development is allowed.
(c) A municipality may not restrict the height of a proposed development authorized under this subsection below the highest currently allowed height for a commercial or residential development located in its jurisdiction within 1 mile of the proposed development or 3 stories, whichever is higher.
(d) A proposed development authorized under this subsection must be administratively approved and no further action by the governing body of the municipality is required if the development satisfies the municipality’s land development regulations for multifamily developments in areas zoned for such use and is otherwise consistent with the comprehensive plan, with the exception of provisions establishing allowable densities, height, and land use. Such land development regulations include, but are not limited to, regulations relating to setbacks and parking requirements.
(e) A municipality must consider reducing parking requirements for a proposed development authorized under this subsection if the development is located within one-half mile of a major transit stop, as defined in the municipality’s land development code, and the major transit stop is accessible from the development.
(f) A municipality that designates less than 20 percent of the land area within its jurisdiction for commercial or industrial use must authorize a proposed multifamily development as provided in this subsection in areas zoned for commercial or industrial use only if the proposed multifamily development is mixed-use residential.
(g) Except as otherwise provided in this subsection, a development authorized under this subsection must comply with all applicable state and local laws and regulations.
For reference, section 420.0004, Florida Statutes, defines affordable as follows:
“Affordable” means that monthly rents or monthly mortgage payments including taxes, insurance, and utilities do not exceed 30 percent of that amount which represents the percentage of the median adjusted gross annual income for the households as indicated in subsection (9), subsection (11), subsection (12), or subsection (17).
(9) “Extremely-low-income persons” means one or more natural persons or a family whose total annual household income does not exceed 30 percent of the median annual adjusted gross income for households within the state. The Florida Housing Finance Corporation may adjust this amount annually by rule to provide that in lower income counties, extremely low income may exceed 30 percent of area median income and that in higher income counties, extremely low income may be less than 30 percent of area median income.
(11) “Low-income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which does not exceed 80 percent of the median annual adjusted gross income for households within the state, or 80 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
(12) “Moderate-income persons” means one or more natural persons or a family, the total annual adjusted gross household income of which is less than 120 percent of the median annual adjusted gross income for households within the state, or 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
(17) “Very-low-income persons” means one or more natural persons or a family, not including students, the total annual adjusted gross household income of which does not exceed 50 percent of the median annual adjusted gross income for households within the state, or 50 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA) or, if not within an MSA, within the county in which the person or family resides, whichever is greater.
The Live Local Act allows for development to provide housing for “Moderate-income persons,” which is for households with an income that is less than 120 percent of the median annual adjusted gross income for households within the metropolitan statistical area (MSA). This definition is more closely related to the City of Miami Beach’s definition of workforce housing, which allows for incomes up to 140 percent of the median family income. |
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| | | | | | | | ANALYSIS
| The proposed ordinance is intended to address the potential impacts of building heights that may be permitted under the Live Local Act (the Act), particularly in relation to the historic districts in South Beach. The Act applies to mixed use and commercial districts, and the MXE and CD-2 zoning districts would be most directly impacted in South Beach.
The proposed ordinance is specific to new development within and adjacent to the Miami Beach Architectural District (National Register Historic District), which is located south of 23rd Street. To ensure continued compatibility with the historic scale, character, and context of the district, the subject ordinance proposes to amend the regulations of the RM-3, CD-2, and MXE districts (see attached map of affected areas). The following is a summary of the proposed amendments:
• A reduction in the maximum building height limit in the RM-3 district south of 23rd Street from the current maximum of 200 feet to 150 feet.
• A reduction in the maximum building height limit for main use residential buildings located within the Alton Gateway overlay from the current maximum of 519 feet to 150 feet.
• Modifications to the setback regulations for the CD-2 portion of Washington Avenue as follows:
o Establish a minimum front setback requirement of 110 feet for any portion of new buildings above 75 feet in height.
o Establish a minimum side facing a street setback requirement of 45 feet for any portion of new buildings above 75 feet in height.
o Establish a minimum interior side setback requirement of 45 feet for any portion of new buildings above 75 feet in height.
• Modifications to the MXE development regulations as follows:
o Increase the minimum front tower setback requirement to from the current requirement of 50 feet to 110 feet.
o Increase the minimum side facing a street tower setback requirement for lots greater than 100 feet in width from the current requirement of 10% of the lot width plus 5 feet to 25% of the lot width plus 5 feet.
o Increase the minimum side facing a street tower setback for lots less than 100 feet in width from the current requirement of 5 feet to 45 feet.
o Increase the minimum interior side tower setback from the current requirement of 5 feet to 25 feet.
o Increase the minimum rear tower setback facing an alley from 0 feet to 10 feet.
o Establish a maximum lot aggregation limit of two (2) contiguous platted lots.
For reference, the tower is defined as the portion of a building that exceeds 50 feet in height above the design flood elevation (DFE).
Attached is a map showing all areas of South Beach within a one-mile radius of the Architectural District. Although the RM-3 district does not fall within the regulatory purview of the Act, it is within a one-mile radius of the Architectural District. As such, amendments to the height regulations in the RM-3 district, as well as the Alton Gateway area, which is also within a one-mile radius, are proposed to address new development projects in the MXE and CD-2 districts.
The proposed modifications to the maximum height limits in the RM-3 district south of 23rd Street, as well as the CD-2 Alton Road Gateway District, are intended to establish a 150-foot cap on maximum building heights permitted south of 23rd Street (generally the northern boundary of the Miami Beach Architectural District). However, after the Planning Board transmittal of the ordinance, it was realized that an additional amendment to the Civic and Convention Center (CCC) district would also be needed, as the CCC district permits up to 300 feet in building height for hotel uses. As such, if the proposed height limits remain in the ordinance, a separate referral to the Planning Board to amend the CCC district regulations would be required to ensure that all zoning districts south of 23rd Street have a maximum building height limit of 150 feet.
The tower setback modifications proposed for the MXE district and the CD-2 district fronting Washington Avenue will ensure that future developments above 75 feet in height will be well setback from abutting street frontages and adjacent properties. This will minimize the potential impact of the tower portion of a future building on adjacent properties, rights of way, public parks, and beaches. The limitation on lot aggregation will ensure that new development is consistent with the historic development pattern of Ocean Drive and Collins Avenue.
PLANNING BOARD REVIEW
On October 24, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0). The Planning Board, by separate motions, made the following additional recommendations:
1. The City Commission explore allowing existing buildings with legal nonconforming building height to be considered legally conforming (6-1).
2. The City Commission direct staff to review the development regulations of other neighborhoods in the City to ensure that the existing regulations are appropriate (7-0).
SUMMARY
The proposal to create a uniform height limit of 150 feet south of 23rd Street would address some of the potential compatibility issues with future development projects that propose to utilize the provisions of the Live Local Act. Notwithstanding, planning staff has evaluated the impacts of the proposed reductions in building height and has identified some concerns and potential unintended consequences, particularly as it pertains to future development projects and renovations of existing structures within the CCC and RM-3 district south of 23rd Street.
Specifically, some properties within the RM-3 district have a maximum FAR of up to 3.0 and a significant decrease in allowable building height could impact the distribution of the maximum FAR permitted for the property. In the CCC district, the maximum FAR is 2.75, and a convention center hotel project has already been approved. Also, a reduction in maximum building height in the CCC and RM-3 districts would result in several structures becoming legal non-conforming; this could have implications on future modifications to these projects. As it pertains to the Alton Gateway overlay, separate and apart from the current LDR regulations, the approved development agreement specifies a maximum building of 519 feet for residential towers south of Sixth Street.
Finally, reducing maximum building heights to 150 feet would not, by itself, adequately address compatibility issues within the CD-2 and MXE areas of South Beach. In this regard, most existing structures in these areas are already much lower in height, and the current maximum height limits for new construction is limited to between 50 feet and 75 feet. Lowering all maximum building heights to 75 feet (or less) south of 23rd Street would address compatibility issues in these areas. However, such a reduction in height would have enormous corresponding implications on those areas within a one-mile radius that are currently zoned for higher intensity.
The Administration believes that the current limits on intensity (FAR) within the areas of the City affected by the provisions of the Live Local Act go a long way in controlling the overall size of any future projects that may be eligible for the provisions of the Act. Additionally, the proposed modifications to the minimum setback requirements in the CD-2 and MXE districts, as well as establishing a maximum lot aggregation requirement in the MXE district, will ensure that if excess height is proposed it will be well contained. Accordingly, the Administration does not believe that the proposed reductions in maximum building height are necessary.
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. 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 Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the City Manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
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 Administration recommends that the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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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 January 2024.
2. The ordinance be modified for Second Reading by removing all provisions related to maximum building height. If the Commission elects to retain the maximum building height provisions, a separate referral should be made to the Planning Board to amend the height regulations in CCC district.
3. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment. |
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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 Dominguez, Commissioner Fernandez, Mayor Meiner, and Commissioner Bhatt |
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