| | | | | | | |  | Ordinances - R5 O
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: | WOLFSONIAN ARTS DISTRICT - LDR
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," CREATING SECTION 142-309.1, ENTITLED “WOLFSONIAN ARTS DISTRICT’ TO ADOPT FLOOR AREA RATIO, HEIGHT, AND SETBACK REGULATIONS PERTAINING TO A UNIQUE CULTURAL INSTITUTION; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, 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 May 13, 2020, at the request of Commissioner David Richardson, the City Commission referred the item to the Land Use and Sustainability Committee (LUSC) and the Planning Board (Item C4B). On May 26, 2020, the LUSC recommended that the Planning Board transmit the proposal to the City Commission with a favorable recommendation. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
In November 2004, as part of the Building Better Communities General Obligation Bonds (BBC-GOB), Miami-Dade County voters approved 10 million dollars for The Wolfsonian–FIU to add 25,000 square feet of new publicly accessible space. As a result, the Wolfsonian-FIU is proposing a renovation and expansion of its existing Museum at 1001 Washington Avenue. Due to the amount of floor area used for the main structure in the early 1990’s, coupled with the citywide downzoning in the late 1990’s, the site of the Wolfsonian-FIU is legal non-conforming in terms of allowable FAR.
In order to accommodate this request, the Wolfsonian-FIU is seeking the following amendments:
1. A companion comprehensive plan amendment to establish the Wolfsonian Arts District on the future land use map and increase the FAR within the district.
2. The subject LDR amendment establishing the Wolfsonian Arts District to increase the maximum FAR to 3.25 and modify development regulations.
Since the current FAR limitation is 1.5, the increase to 3.25 would be subject to voter approval in a general referendum. Additionally, the proposed ordinance amends the development regulations within the Wolfsonian Arts District. Specifically, the ordinance modifies the front, rear, and side setbacks to 0 feet. The ordinance also increases the height limit from 55 feet to 75 feet. The existing Washington Avenue regulations allow for heights up to 75 feet but only on lots with a width greater than 100 feet. The proposed height is therefore consistent with the allowable heights within the vicinity.
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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| | | | | | | | Applicable Area
| | South Beach |
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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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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner David Richardson |
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