| | | | | | | |  | Ordinances - R5 M
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 29, 2020 | | | | First Reading
| | SUBJECT: | MODIFICATIONS TO FAR EXEMPTIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, AT SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 114, ENTITLED “GENERAL PROVISIONS,” AT SECTION 114-1, ENTITLED “DEFINITIONS,” TO AMEND THE DEFINITION OF FLOOR AREA BY AMENDING THE LIST OF AREAS EXCLUDED FROM THE DEFINITION OF FLOOR AREA; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | BACKGROUND/HISTORY
| On January 15, 2020, at the request of Mayor Dan Gelber, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) regarding strategic increases in FAR citywide. The item was discussed briefly at the January 21, 2020 LUSC meeting and continued to the February 18, 2020 meeting.
On February 18, 2020, the LUSC discussed the options provided and recommended continuance of the discussion in order to further develop the following FAR options:
1. Resiliency bonuses
2. Workforce/Affordable housing
3. FAR bonus pool (monetary contribution for added FAR)
At the May 6, 2020 Land Use and Sustainability Committee meeting, the administration presented a draft Public Benefits Ordinance, which included resiliency bonuses, workforce/affordable housing bonuses, and a FAR bonus pool (monetary contribution). Additionally, the administration presented the subject ordinance for new exclusions from the calculation of floor area to address evolving City Code, Florida Building Code, and Life Safety Code requirements.
The LUSC discussed the proposal on May 6, 2020, via the zoom platform, and recommended the following:
1. The City Commission refer the subject ordinance to the Planning Board.
2. The City Commission discuss a more comprehensive strategy for FAR increases city wide.
On May 13, 2020, at the request of Mayor Dan Gelber, the City Commission referred the subject ordinance to the Planning Board (Items R9O and R9D). The City Commission also referred a discussion regarding comprehensive changes to FAR to the Planning Board as a discussion item and for an advisory recommendation. |
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| | | | | | | | ANALYSIS
| BACKGROUND
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. FAR is a defined term in Section 114-1 of the Land Development Regulations (LDRs) and is essentially a multiplier used to regulate the maximum size of a building based on the lot size. For example, a 10,000 square foot lot with an FAR of 2.0 would be allowed to build up to a 20,000 square foot building.
Floor area is also a defined term in Section 114-1 of the LDRs and provides the specific requirements for the calculation of floor area. Under section 114-1, floor area consists of the gross horizontal areas of the floors of a building, unless such areas are specifically exempted. The only exceptions to the definition of floor area are expressly listed in Section 114-1.
The purpose of the regulation of floor area, including FAR, both in the City of Miami Beach and in other municipalities, is to provide a quantifiable mechanism to control both the size and intensity, as well as the overall exterior mass, of a building. That is why floor area is measured to the exterior face of exterior walls or from the exterior face of an architectural projection. Under the Miami Beach City Code, it is from this total floor area volume that certain areas are excluded.
The current requirements for FAR and floor area have been in place since 1989 (Ordinance 89-2665), and the only amendments after 1989 have been to the exceptions from floor area.
PLANNING ANALYSIS
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 needs to 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 following is a summary of the draft ordinance for new exclusions from the calculation of floor area to address evolving City Code, Florida Building Code, and Life Safety Code requirements:
1. Bicycle Parking. Currently required automotive parking is exempt from inclusion as floor area, and up to two vehicular parking spaces may be provided per apartment unit, without counting as floor area. Further, in most districts where the City has reduced the vehicular parking requirements, parking may still be provided in most cases in accordance with Parking District No. 1, which generally has the highest parking requirements. A typical parking space, including half of the abutting drive occupies an area of approximately 250 square feet, whereas the same area could easily accommodate more than 10 bicycles.
2. Stairwells and elevators above main roof decks. The area of two typical stairwells and a typical elevator at one level is approximately 500 square feet. While such area is minimal, its exception from inclusion as floor area would be especially beneficial to existing buildings that are currently over their maximum FAR. While many older buildings may have one stair to the roof, in order to add a rooftop deck or pool, building code and life-safety requirements must be satisfied, which usually requires two stairs as well as an accessible means of vertical access (an elevator). Such an exception would allow these non-conforming buildings to add desirable roof-top amenities.
3. FPL Transformer vaults. These vault rooms, when required, have become increasingly larger, and often include additional infrastructure required by FPL to also help serve neighboring properties. Their location within an enclosed building is preferable to any exterior pad-mounted option. The typical area occupied by such use is generally around 300-500 square feet depending on the size of the project. Such exemption again would be especially helpful for existing buildings undergoing renovations, which may need to remove a hotel room or other space to accommodate for the required area for the FPL vault.
4. Fire control rooms and related public safety spaces, not accessible to the general public. Such control rooms are important life-safety requirements for larger projects and were not standard requirements decades ago. The typical area occupied by these rooms is 300-500 square feet.
CITY CHARTER
In order to amend the Land Development Regulations of the City Code to allow an increase in zoned floor area, pursuant to City Charter Section 1.03(c), approval of the City’s voters will be required. The following is the language in Section 1.03(c):
The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
An increase in zoned FAR includes, but is not limited to, modifications of the definition of floor area, amendments to the exclusions of floor area and a direct increase in the FAR number. The proposed ordinance requires a ballot question as it would result in an increase in zoned FAR “by zoning, transfer, or any other means” pursuant to City Charter Section 1.03(c).
The City Commission will be considering a separate item to consider adopting a resolution to place a ballot question on the City’s November 3, 2020 ballot.
PLANNING BOARD REVIEW
On June 24, 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.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission approve the subject ordinance at first reading and set a second reading/public hearing for December 9, 2020. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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Planning |
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