Item Coversheet

Ordinances - R5  T




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:May  8, 2019
 

First Reading

SUBJECT:

TC-C DISTRICT- HEIGHT AND PUBLIC BENEFIT CLARIFICATIONS

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, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 21, ENTITLED "TOWN CENTER-CENTRAL CORE (TC-C) DISTRICT," TO MODIFY SECTION 142-747, ENTITLED "PUBLIC BENEFITS PROGRAM," TO CLARIFY THE ADDITIONAL HEIGHT INCENTIVES PROVIDED PURSUANT TO THE PUBLIC BENEFITS PROGRAM FOR THE TC-C DISTRICT, AND TO PROVIDE ALTERNATIVE OPTIONS IN THE EVENT OF AN APPLICANT'S NON-COMPLIANCE WITH THE LEED PLATINUM CERTIFICATION PUBLIC BENEFIT OPTION; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The administration recommends that the City Commission approve the subject ordinance at first reading, and set a second reading/public hearing on June 5, 2019.

ANALYSIS

HISTORY

On January 16, 2019 at the request of Commissioner John Elizabeth Aleman, the City Commission referred the discussion item to the Land Use and Development Committee (LUDC) (Item C4 Z).  On March 6, 2019 the LUDC discussed the item and recommended that the City Commission refer the ordinance to the Planning Board.

 

On April 10, 2019 the City Commission referred the item to the Planning Board (Item C4 S). 

 

PLANNING ANALYSIS

On November 14, 2018, the City Commission adopted ordinance 2018-4224, establishing the Town Center – Central Core (TC-C) zoning district.  The ordinance implemented the voter approved FAR increase by allowing for additional height, along with additional urban design criteria.  The ordinance also established a public benefits program which allows developers additional height beyond the base maximum height of 125 feet under certain circumstances. 

 

At the adoption hearing an amendment was made to the ordinance that allowed lots greater than 50,000 SF and located north of 71st Street to have an additional 20 feet of building height, for a maximum height of 220 feet, by participating in the public benefits program.  As the public benefits program was contemplated with a maximum height of 200 feet, several of the options were drafted to provide an additional 75 feet beyond the base maximum height.  As the sites over 50,000 SF located north of 71st Street now have the ability to go up to 220 feet in height, which is technically an additional 95 feet, the following correction for the public benefits options, which provides for additional height, is proposed:

 

An a Additional 75 feet of height to achieve the “Public Benefit Maximum Height,” as described in section 142-743 (b)(2) above 125 feet shall be provided for this option.”

 

The ordinance also includes an alternative for the public benefits option related to LEED platinum certification.  It incorporates an option that allows for the contribution to the public benefits fund at a rate of $3 for each 0.5 square foot located above 125 feet, should the LEED platinum certification not be achieved by the time a temporary certificate of occupancy (TCO) is obtained. This change mirrors the provision in the public benefit option for providing off-site workforce or affordable housing.  This would result in an applicant not having to post a bond in the amount of ten percent (10%) of the total construction valuation if they don’t expect to achieve the LEED Platinum Certification and would instead require a higher per square foot rate for the public benefit contribution.  If the developer does expect to achieve LEED platinum certification, they may proceed with posting the 10% bond and obtain a full refund at the later date.  

 

PLANNING BOARD REVIEW

On April 30, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation, by a vote of 5-0.

CONCLUSION

The administration recommends that the City Commission approve the subject ordinance at first reading, and set a second reading/public hearing on June 5, 2019.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Form Approved - ORD