Item Coversheet

Committee Assignments - C4  V


TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  5, 2019



The administration recommends that the City Commission refer the attached ordinance to the Planning Board for review and recommendation.


March 13, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the subject discussion item to the Land Use and Development Committee (Item C4 X). On April 3, 2019 the Land Use and Development Committee discussed the item and continued it to the May 22, 2019 meeting. The LUDC also directed staff to work with the item proposer and modify the ordinance for review at the May 22nd meeting.

On May 22, 2019 the LUDC discussed the proposed ordinance and recommended that the City Commission refer the item to the planning board for review and consideration.


The original draft ordinance was prepared by the property owner of the Sterling Building located at 927 Lincoln Road, and proposed the following modifications for properties located on the north side of Lincoln Road between Pennsylvania Avenue and Lenox Avenue:

• Reductions in the off-street parking requirements;

• A reduction in the minimum hotel unit sizes from 335 sq ft to 200 sq ft;

• The allowance for a multistory rooftop addition;

• An increase in maximum permitted height from 50 feet to 75 feet.

The proposal to reduce the minimum unit size for new hotel units located within attached additions to contributing buildings to a minimum of 200 square feet would be contingent upon the project including at least 5% of the total floor area as amenity space. Currently, the minimum unit size for new hotel units is between 300 and 335 square feet.

The subject ordinance amendment would also allow lots located between Pennsylvania Avenue and Lenox Avenue on the north side of Lincoln Road to construct an attached addition to a contributing building up to 75 feet in height, provided the property has a minimum lot area of 30,000 square feet and a minimum of 100 hotel units are being provided. In order to address the potential scale and height issues associated with a future structure taller than 50 feet in height, particularly as it may be perceived from Lincoln Road, the ordinance includes a minimum setback of 75 feet from Lincoln Road and a minimum setback of 25 feet from a side street for any portion of a building above 50 feet in height. This would ensure that any future addition to a building above 50 feet in height would not overwhelm the Lincoln Road streetscape. The administration is supportive of this limited increase in height and would note that there are several taller buildings immediately to north of Lincoln Road between Lincoln Lane North and 17th Street, where the maximum building height is currently 80 feet.

In addition to the proposed height increase for attached additions, the ordinance would also allow for multistory rooftop additions to be constructed above a contributing building. Currently, a rooftop addition, whether attached or detached, to a contributing building is limited to one story. This proposal would allow for multiple levels to be cantilevered over an existing contributing building without the requirement that the building be demolished and reconstructed as a ground up addition, encouraging the retention and restoration of contributing buildings.

The proposer has provided the attached map showing the affected area on the north side of Lincoln Road. As to the total number of potential hotel units within the larger area, between Lenox and Pennsylvania Avenues on the north side of Lincoln Road, the proposer’s architect has studied the area and estimates that if most of the buildings take advantage of the ordinance (which is not likely), there could be as many as 500 more hotel units on the north side of Lincoln Road.

A similar map and analysis is being prepared for the south side of Lincoln Road and is expected to be ready for the planning board hearing.

On May 23, 2019, the Land Use Committee endorsed the proposal, and recommended the following modifications for properties on the south side of Lincoln Road, between Pennsylvania and Lenox Avenues:

1. No parking for hotel uses.

2. A reduction in the minimum unit size to 250 square feet.

3. Allowance for multi-story roof top additions, but no increase in overall height above the current 50 feet.

Additionally, the LUDC recommended the following, which will be applicable to both the north and south sides of Lincoln Road:

1. The inclusion of a public benefit component for arts and culture.

2. All applicable improvements required for Lincoln Lane shall take place from block end to block end, and not just abutting a particular property proposing a hotel use.

The attached ordinance includes all of the modified development regulations for hotel uses along the north and south side of Lincoln Road, as recommended by the Land Use Committee, including placeholders for a public benefit fee for arts and culture, as well as required improvements to Lincoln Lane, from block end to block end. Prior to planning board action on the ordinance, the administration and the city attorney will further develop these portions of the legislation.

Finally, the LUDC requested current parking utilization data for all of the adjacent Lincoln Road garages. This information will be provided to the planning board, and updated for first reading of the legislation. Also, the economic development department is working on an analysis regarding the potential impact of new hotel rooms (supply), demand trends, economic/public benefits, market mix, etc. on Lincoln Road would impact the convention center hotel.

In summary, the administration is supportive of the ordinance modifications, which are not expected to have any adverse visual impacts on the character of this portion of the Flamingo Park Local Historic District, nor the north side of Lincoln Road. As hotel uses are already permitted on Lincoln Road, the proposed reduction in the minimum unit size for hotels, as well as the removal of the minimum parking requirement, is not expected to have an adverse impact, particularly since Lincoln Road contains a significant concentration of contributing structures where providing parking would be challenging. Additionally, the parking impact fee, per required space, is $40,000.00. Further, the mixed use character of Lincoln Road promotes a guest experience which is consistent with smaller hotel units and should encourage activation of the street.

Finally, there has been a demonstrative decrease in parking demand throughout the City, and the typical hotel guest is more likely to take advantage of ride share services in lieu of valet parking. Additionally, this area of the City is within walking distance of the recently renovated convention center, shops, restaurants, and the beach.


The Administration recommends that the City Commission refer the attached ordinance amendment to the Planning Board for review and recommendation.

Additionally, since this referral is occurring after June 1, 2019, all applicable fees must be paid by the proposer. Specifically, pursuant to section 118-162(c) of the City Code, an application that is filed on behalf of a private applicant is required to pay all applicable planning department fees and costs associated with the application, as specified in in section 118-7 and Appendix A to this Code. Notwithstanding the foregoing, the fees and costs associated with this application 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).

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.
Legislative Tracking
Commissioner Ricky Arriola

Area Map - NORTH