| | | | | | | |  | Committee Assignments - C4 K
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | January 15, 2020 | | | |
| | SUBJECT: | REFERRAL TO THE LAND USE AND SUSTAINABILITY COMMITTEE AND THE PLANNING BOARD OF A DISCUSSION PERTAINING TO STRATEGIC INCREASES IN FAR RELATED TO RESILIENCY AND DEFINED POLICY BENCHMARKS. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission refer the item to the Land Use and Sustainability Committee and the Planning Board for review and recommendation. |
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| | | | | | | | BACKGROUND/HISTORY
| On July 10, 2019, the Planning Director issued a determination pertaining to the definition of ‘floor area’ in chapter 114 of the Land Development Regulations of the City Code. The determination reaffirmed that the following elements are included within the definition of floor area: (1) voids in floors to accommodate elevator shafts; (2) voids in floors to accommodate mechanical/ventilation/trash shafts; and (3) stairwells, including stairwells within accessory garages.
On November 1, 2019, the Board of Adjustment, by a 5-2 vote, reversed the Planning Director’s July 10, 2019 determination. On December 4, 2019, the Planning Director and the City, through outside counsel, appealed the decision of the BOA by filing a Petition for Writ of Certiorari in Circuit Court. Pursuant to City Code section 118-9, the filing of this appeal operates to stay the BOA order and all “work on the premises and all proceedings in furtherance of the action appealed from.”
On December 11, 2019, at the request of Mayor Dan Gelber, Commissioner Mark Samuelian, and Commissioner Michael Góngora, the City Commission referred a proposed ordinance to the Planning Board for review and recommendation (item C4K). The proposed ordinance clarifies the areas of a building that count towards the maximum floor area limitations and reaffirms the definition of floor area that the City has consistently and uniformly applied to every building for nearly 50 years. The ordinance affirms that the definition of floor area includes “stairwells, stairways, covered steps, elevator shafts at every floor (including mezzanine level elevator shafts), and mechanical chutes and chases at every floor (including mezzanine level).” On December 17, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of seven to zero (7-0).
First reading of the subject clarifying ordinance is scheduled for January 15, 2020. |
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| | | | | | | | ANALYSIS
| The maximum square footage (intensity) of a building is regulated by the Floor Area Ratio (FAR), which applies to all zoning districts except for single-family districts. The maximum floor area for a property is determined by multiplying the lot size by the FAR of the zoning district.
The BOA decision regarding covered stairwells, elevator shafts, and mechanical chutes created a significant problem in terms of applicability, consistency and manner of permit review for FAR calculations for every project moving forward. In this regard, any increase in FAR, either through a bonus/incentive provision, percent increase, or additional exclusions, must be effectuated in a deliberate and thoughtful manner, and must be supported by a thorough planning analysis. This will promote thoughtful development incentives, prevent unintended consequences related to FAR increases, as well as ensure the continuation of a predictable method of plan review.
The referral herein is intended to facilitate a broader and more comprehensive discussion pertaining to potential strategic increases in FAR. The discussion regarding potential strategies is expected to include, but will not be limited to, the following:
1. Bonus FAR/incentives related to resiliency and other defined policy benchmarks.
2. New exclusions from the calculation of floor area to address evolving building and life safety code requirements.
3. Strategic FAR increases within specific zoning districts, such as RM-1, low intensity residential districts, that currently have low FAR and face challenges with regard to meeting minimum building and life safety code requirements.
This discussion is intended to explore different avenues for FAR modifications, while still retaining clarity in terms of administration and review. It is anticipated that the administration, as well as the Land Use and Sustainability Committee and the Planning Board will provide a set of recommendations to the City Commission for consideration.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission refer the item to the Land Use and Sustainability Committee and the Planning Board for review and recommendation. |
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| | | | | | | | | Is this a Resident Right to Know item? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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