Ordinances - R5 C
|Honorable Mayor and Members of the City Commission
|Raul J. Aguila, Interim City Manager
|April 21, 2021
10:20 a.m. Second Reading Public Hearing
FAENA DISTRICT OVERLAY - REVISED BUILDING HEIGHT LIMIT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS," ARTICLE III, ENTITLED "OVERLAY DISTRICTS," AMENDING DIVISION 10, ENTITLED "FAENA DISTRICT OVERLAY," SECTION 142-869, ENTITLED “COMPLIANCE WITH REGULATIONS,” TO AMEND THE MAXIMUM ALLOWABLE HEIGHT FOR RM-3 OCEANFRONT LOTS GREATER THAN 70,000 SQUARE FEET IN SIZE, WHICH ALSO CONTAIN A CONTRIBUTING HISTORIC STRUCTURE; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
|The Administration recommends that the City Commission adopt the Ordinance.
On January 13, 2021, at the request of Commissioner Ricky Arriola, the City Commission referred the subject Ordinance to the Planning Board (item C4 B).
On December 17, 2014, the City Commission adopted ordinance 2014-3913 establishing the Faena Overlay District. The district includes the properties owned and operated by the FAENA Group and is generally located along Collins Avenue between 32nd and 36th Streets. The parcels west of Collins Avenue are in the more restrictive RM-2 zoning district and the adopted overlay district modified some of the permitted uses in the RM-2 district as follows:
• Allowed for ballroom and assembly space (west of Collins and south of 34th Street) to be a main permitted use and not classified as a neighborhood impact establishment, within the confines of the overlay district. Typical uses would include art exhibits, conferences and other similar activities.
• Allowed commercial uses to be a main permitted use within existing contributing structures on the west side of Collins Avenue.
The adopted overlay also encouraged and allowed for non-standard paving designs for the sidewalks and those portions of 34th Street between the Arts Center and Atlantic Beach Hotel.
On November 14, 2014, the Historic Preservation Board approved a Certificate of Appropriateness for 3425 Collins Avenue (The Versailles Hotel – HPB File No. 7490). This project was comprised of the partial demolition, renovation and restoration of the existing 16-story Versailles hotel building, the total demolition of the 1955 south addition, and the construction of a new 16-story detached ground level addition, as part of a new residential development. On December 5, 2014, the Board of Adjustment approved a total of eleven (11) variances related to the proposed new construction located on the site of the Versailles Hotel building.
On March 8, 2016, the Historic Preservation Board approved modifications to the design and site plan, including additional variances (HPB File No. 7603). Although the renovation and addition to the Versailles Hotel was initially approved about the same time that the Faena Overlay District was created, permits for the restoration and new construction have not been issued and little activity has taken place on the site since the 1955 south addition was demolished. With the application of numerous state extensions, the current approvals remain active.
On April 22, 2020, at the request of Commissioner Ricky Arriola, the City Commission referred an ordinance to amend the Faena District Overlay Regulations to modify height limits for oceanfront lots greater than 70,000 SF with a contributing structure from 200 feet to 250 feet to the Land Use and Sustainability Committee and the Planning Board (Item C4 D).
On May 26, 2020, the Land Use and Sustainability Committee (LUSC) reviewed the ordinance and provided a favorable recommendation. At the request of Faena representatives, the LUSC discussion was also continued to the June 30, 2020 meeting in order for a detailed presentation to be provided to the committee. On June 30, 2020 the item was deferred to the July 21, 2020 LUSC meeting. On July 21, 2020 the LUSC reaffirmed their favorable recommendation.
On July 27, 2020 the Ordinance was discussed by the Planning Board and continued to a date certain of August 25, 2020. On August 25, 2020 the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 5-2. The Planning Board also recommended the following changes, which were incorporated into the draft ordinance for first reading:
1. Consolidate the various side yard setback requirements for subterranean, pedestal and tower from the previously proposed range of (zero (0') feet to 2'-10") ?to zero (0') for all such setbacks as noted in the following condition, which includes a new view corridor requirement to be reviewed by the Historic Preservation Board:
"The subterranean, pedestal, and tower interior side setbacks shall be zero (0’) feet for properties abutting a GU zoned parcel, and which also provide a view corridor between an existing contributing building and the construction of a detached ground level addition, subject to the review and approval of the historic preservation board, in accordance with the certificate of appropriateness review criteria."
2. Clarify that the porte-cochere exceptions from city code section 142-1132 only applied to the recreation/renovation of an original porte-cochere to a contributing building as follows:
“The maximum permitted width of a porte-cochere for a contributing building may exceed the requirements of allowable encroachments as outlined in the city code section 142-1132, not to exceed the width of an original porte-cochere. The maximum permitted height of such porte-cochere shall be 19'.”
3. Eliminate the proposed allowance of security guardhouses as allowable encroachments into the required front yard.
On September 16, 2020, the subject ordinance was approved at first reading with no changes by a vote of 7-0. Additionally, the City Commission referred the proposed ordinance to the Historic Preservation Board for an advisory opinion by a vote of 5-2. On October 13, 2020, the Historic Preservation Board recommended that the City Commission not adopt the proposed ordinance by a vote of 6-0. On October 14, 2020, the City Commission adopted the ordinance (Ordinance No. 2020-4366) by a vote of 5-2.
The Versailles Hotel is one of the most iconic Art Deco hotel structures in the City. The original tower was constructed in 1940 and designed by architect Roy France. The owner of the hotel property is currently in the process of redesigning the residential tower addition, along with some changes to the Versailles Hotel restoration plans.
In order to facilitate the restoration of the Versailles Hotel and the development of the Aman Hotel & Residences project, the City Commission adopted Ordinance No. 2020-4366, which modified the development regulations for oceanfront lots with a lot area greater than 70,000 sq. ft. that also contain a contributing historic structure. The primary modification was to increase the height limit from 200 feet to 250 feet.
Several neighbors of the property expressed concerns with the increased height permitted under Ordinance No. 2020-4366; in particular that the additional height would block views, air, and light. To this end, the proposed Ordinance reduces the height limit from 250 feet to 221 feet. Since the site can be redeveloped with the reduced height limit, while continuing the restoration of the historic Versailles Hotel, the Administration is supportive of the proposed change.
PLANNING BOARD REVIEW
On February 23, 2021, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-1. Additionally, the Planning Board, by a vote of 7 to 0, recommended that the City Commission take measures to protect and preserve the Jack Stewart Apollo mural in perpetuity and for it to be designated as an historic feature or artifact, if permitted by the City Code.
The subject Ordinance was approved at First Reading on March 17, 2021, with no changes.
SUPPORTING SURVEY DATA
|Appropriate Regulation of Development
|The Administration recommends that the City Commission adopt the Ordinance.
|Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14?
|Does this item utilize G.O. Bond Funds?
Commissioner Ricky Arriola