COMMERCIAL HEIGHT LIMITS FOR OFFICE USES - CPS-2 DISTRICT

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, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” DIVISION 18, ENTITLED “PS PERFORMANCE STANDARD DISTRICT,” BY AMENDING SECTION 142-698, ENTITLED “COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS,” TO MODIFY THE MAXIMUM BUILDING HEIGHT FOR OFFICE USES ON CERTAIN PROPERTIES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

PLANNING ANALYSIS
The property at 411-419 Michigan Avenue property is located within the C-PS2 zoning district and is within the boundaries of the Ocean Beach Local Historic District. The unified corner site contains an abandoned construction site on the lots fronting 5th Street and two contributing buildings on the lot fronting Michigan Avenue. The attached draft Ordinance was prepared by the representative of the owner of the property, who is seeking to develop a Class A office development on the subject site.

The proposal includes a height increase for properties with a C-PS2 zoning designation on the south side of 5th Street, to the west of Jefferson Avenue, in order to incentivize office uses (see attached zoning and historic districts maps). While this area currently permits a maximum height of 75’-0” for hotel and residential development, office buildings are limited to a maximum height of 50’-0”. The proposal would allow office buildings to be developed at the same 75’-0” height limit as residential and hotel developments. The area east of Michigan Avenue and two lots fronting Lennox Avenue are located within the Ocean Beach Historic District.

The proposed increase in height for office use buildings would allow for the expanded interior floor to ceiling space being sought by office users and office developers. From a practical standpoint, when parking and mixed-use pedestals are included, the current height limitations in the aforementioned areas limit the interior ceiling heights for all uses. This limits the viability for the development of Class A office space, which the City has been seeking to incentivize.

Staff believes that the subject Ordinance is good policy and will be an incentive that will help to diversify the City’s economy. The proposal is also consistent with the concept of transit-oriented development (TOD), which is ideal for the 5th Street commercial corridor.

Given that residential and hotel uses are already permitted to be developed at 75 feet, this Ordinance does not result in an increase in the developable scale of buildings for the affected area, as the 75-foot height limit is compatible with the surrounding context. Additionally, the Design Review Board or the Historic Preservation Board, as applicable, will consider the design, massing and scale of any proposed new structure as part of their review.

The proposed Ordinance is also consistent with other recently adopted Code amendments in Sunset Harbour, Alton Road, and Terminal Island, which are intended to incentivize office uses. Since allowing for modest height increases in these areas earlier this year, the City’s land use boards have approved two Class A office developments, with more expected in the coming year. The proposed Code amendment would be applicable to a proposed office development that is expected to be considered by the Planning Board and the Historic Preservation Board early next year. Given the existing built environment of this area, it is unlikely that this Ordinance would result in the development of more than one or two new office buildings.

PLANNING BOARD REVIEW
On November 30, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation (5-0).

UPDATE

On December 8, 2021, the subject Ordinance was approved at First Reading. As part of the approval at First Reading, the item proposer was requested to further study the setbacks of the proposal, including the manner in which the project engages the abutting sidewalks.  On January 20, 2022, at the request of the item sponsor, Second Reading was opened and continued to February 9, 2022.

The developer for the project has provided a context rendering, as well as progress renderings and plans pertaining to the first level of the project. The revised plan and elevations do a much better job of engaging the abutting sidewalk. The developer will be further refining this portion of the project in advance of the Historic Preservation Board application.

Based upon the progress made regarding the first level, the Administration does not recommend any changes to the legislation regarding setbacks.