WASHINGTON AVENUE OVERLAY - LDR INCENTIVES

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 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 5, ENTITLED "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," BY AMENDING SECTION 142-303, ENTITLED "CONDITIONAL USES," TO MODIFY PROVISIONS APPLICABLE TO CONDITIONAL USES IN THE CD-2 DISTRICT, AND BY AMENDING SECTION 142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO INCREASE THE BUILDING HEIGHT FOR CERTAIN USES AND CLARIFY THE SETBACK REQUIREMENTS; AND BY AMENDING CHAPTER 130, ENTITLED "OFF-STREET PARKING," ARTICLE II, ENTITLED "DISTRICTS; REQUIREMENTS," SECTION 130-33, ENTITLED "OFF-STREET PARKING REQUIREMENTS FOR PARKING DISTRICTS NOS. 2, 3, 4, 5, 6, 7, AND 8," TO MODIFY THE PARKING REQUIREMENTS FOR PARKING DISTRICT NO. 7; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
On October 14, 2015, the City Commission approved modifications to the development regulations for Washington Avenue in order to incentivize hotel development along the Washington Avenue corridor between 6th Street and 16th Street. The incentives have been successful at bringing hotel developments to the corridor. However, several stakeholders have sought to bring a greater mix of uses to the corridor, including residential, office, and dining establishments.

On April 16, 2019, the City Commission held a workshop regarding the future of Washington Avenue. Pursuant to the direction of the Commission and the LUDC, the following amendments to the land development regulations are proposed:

1. The following amendments to chapter 130:

a. Eliminate off-street parking requirements for co-living residential, office, and fine dining uses, including parklets associated with fine dining uses, on Washington Avenue.

b. Extend sunset provision for parking district no. 7 in section 130-33 of the City Code, which is set to expire on September 1, 2022. Currently the provisions expire on September 1, 2020.

2. An amendment to chapter 142 to increase the permitted height to 75 feet for properties on Washington Avenue that develop co-living residential and/ or office uses. Currently this increased height is limited to hotel uses.

3. An amendment to chapter 142 to provide that the occupational content threshold for indoor entertainment establishments requiring conditional use approval as a neighborhood impact establishment be increased from 200 persons to 300 persons.

The proposed amendments provide for a scale that is consistent with what is currently permitted for hotel uses. The amendments also provide for alternative uses that will allow for the creation of a vibrant local community with places to live, work, and play.

PLANNING BOARD REVIEW
On June 25, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 4-1. Board member David Wieder was the dissenting vote, and he expressed concern with the proposed height increase for co-living and office uses.

UPDATE
The subject ordinance was approved at first reading on July 17, 2019, with no changes. However, the City Commission recommended that the following be considered prior to second reading:

1. Additional parking options;
2. Applying the proposed height increase to office uses only;
3. Expanding the sunset period to include all of the overlay attributes; and
4. Obtain feedback from Washington Avenue Business Improvement District.

For the September 11, 2019 City Commission meeting, the administration assessed the aforementioned items and recommended no changes to the ordinance. In this regard, the proposal to eliminate off-street parking requirements for co-living residential, office, and fine dining uses, including parklets associated with fine dining uses, is not expected to create off-street parking shortfalls in the area, as there are existing parking garages between Washington and Collins Avenue at 7th, 10th, 13th, and 16th Streets. Additionally, expanding the allowable height for co-living projects would not have a detrimental impact on the scale and context of Washington Avenue, as these uses would be required to provide minimum setbacks on interior sides. Finally, the administration would not recommend extending the sunset provision currently in place for off-street parking requirements to the remainder of the overlay, as it could impact the ability of property owners to effectively market different uses.

The administration has reached out to representatives of the Washington Avenue BID regarding the proposed incentives ordinance and requested that they provide any additional comments and feedback at the public hearing. The Executive Director of the BID addressed the City Commission at first reading.

On September 11, 2019 the subject ordinance was discussed and deferred to the October 16, 2019, for affected property owners in support of the proposal to meet with the larger Washington Avenue BID board, particularly about additional amendments being proposed for co-living units. Additionally, the Commission agreed that any increase in height to 75 feet should be contingent upon established lot aggregation requirements, regardless of use. The revised ordinance for second reading has been adjusted to reflect this.