WASHINGTON AVENUE OVERLAY - LDR INCENTIVES 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 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 142-309, ENTITLED "WASHINGTON AVENUE DEVELOPMENT REGULATIONS AND AREA REQUIREMENTS," TO CLARIFY THE SETBACK REQUIREMENTS AND CO-LIVING/MICRO UNIT DEVELOPMENT REGULATIONS; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS

On October 16, 2019, the City Commission adopted ordinance 2019-4312 which amended the Washington Avenue Zoning incentives to authorize the development of co-living developments on a limited section of the corridor. Subsequently, a development proposal was presented to the Historic Preservation Board. A review of this HPB application noted that some of the regulations were inconsistent with other recent changes in the CD-2 district, as well as internally inconsistent.

The attached LDR amendment was prepared by representatives of a proposed co-living development along Washington Avenue. The following is a summary of the proposed modifications to the Washington Avenue Overlay, which are proposed for clarity and consistency purposes:

Interior Setbacks:
Previously, the CD-2 regulations contained a special provision for buildings with mixed uses and when more than 25% of the floor area of buildings contained residential or hotel, the RM-1, 2, 3 setbacks controlled. The RM-1, 2, 3 setbacks regulations were recently amended to address this by removing the sum of the side yard requirements. However, the Washington Avenue Overlay development regulations were not similarly amended.

The proposal herein would eliminate the requirement for sum of the side yard setbacks within the Washington Avenue Overlay, in order to be consistent with the previously amended RM-1, 2, 3 setbacks. This modification would allow developments within the Washington Avenue Overlay that have frontages greater than 100 feet to provide the same setbacks as all other commercial districts.

Co-Living Project Requirements:
• For consistency within the text, all amenity space requirements can be provided within a unified development site, as opposed to a building.

• A one-bedroom co-living unit must provide a washer and dryer within the unit, and co-living units with multiple bedrooms must provide a washer and dryer within the common space of the unit.

• Co-living units will not contain more than six (6) bedrooms.

• Gyms and fitness centers are permitted to be located on the ground floor fronting Washington Avenue for easy pedestrian access.

• If a co-living unit does not provide dining, kitchen, and living area within the unit, then it must be provided on the same floor. This reinforces that the co-living residential model is intended for collaborative living spaces.

The currently proposed co-living development has had difficulty complying with the regulations as approved in the adopting ordinance. The proposed amendment will provide for clearer standards and facilitate the development of any proposed co-living developments. This will further the revitalization of Washington Avenue which has been occurring since the original zoning incentives were adopted in 2016.

Finally, at the recommendation of the City Attorney, the following provision has been stricken from the ordinance: “The tenants of co-living and micro units shall not be permitted to sublease units.”

PLANNING BOARD REVIEW
On May 19, 2020, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0 with no changes.

UPDATE
The subject ordinance was approved at first reading on June 24, 2020, with no changes.