| | | | | | | |  | Committee Assignments - C4 B
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | March 9, 2022 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - AN AMENDMENT TO THE R-PS1 AND R-PS2 DISTRICTS TO INCENTIVIZE THE CONVERSION OF EXISTING APARTMENT HOTEL USES TO RESIDENTIAL. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the proposed Amendment to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| On September 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to quality-of-life strategies for dealing with future and existing apartment hotels in the South of Fifth area (C4G). On October 19, 2021, the LUSC discussed and continued the item to the December 2021 LUSC meeting with direction to the Administration to study potential strategic increases in FAR and height within the R-PS1 and R-PS2 districts for the limited purpose of incentivizing the conversion of existing apartment hotels to residential use.
The December 2021 LUSC meeting did not take place, as Commission Committees had not been appointed. The item was automatically deferred to the first available meeting of 2022. On February 11, 2022 the LUSC discussed the proposal for strategic increases in FAR and height within the R-PS1 and R-PS2 districts and recommended that the draft Ordinance prepared by the Administration be moved to the City Commission for referral to the Planning Board. Additionally, the LUSC recommended the following:
1. The addition of an express prohibition on the short-term rental of any apartment units.
2. A 3-year sunset provision. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The attached draft text proposes to amend Section 142-694 of the Land Development Regulations (LDR’s) of the City Code, to create incentive provisions for the conversion of existing apartment hotels located in the R-PS1 or R-PS2 district, which are legal non-conforming, to convert to a conforming residential use. Specifically the following would apply to residential uses that replace existing apartment hotel uses:
R-PS1 District:
• The maximum floor area ratio (FAR) shall not exceed 1.50. Currently the maximum FAR is 1.25. This represents an increase in FAR of .25.
• The maximum building height shall be 55 feet, except for lots 50 feet wide or less, in which case the maximum building height shall be 50 feet. The current maximum building height is 45 feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in overall building height of 10 feet.
R-PS2 District:
• The maximum floor area ratio (FAR) shall not exceed 1.75. Currently the maximum FAR is 1.50. This represents an increase in FAR of .25.
• The maximum building height shall be 65 feet, except for lots 50 feet wide or less, in which case the maximum building height shall be 60 feet. The current maximum building height is 45 feet; for lots 50 feet wide or less the maximum height is 40 feet. This represents an increase in overall building height of 20 feet.
The above noted FAR and building height limits shall only apply to those properties that have a legally established apartment hotel as the main permitted use, and which convert the entire property to a conforming residential use. Additionally, the property owner(s) shall agree, via recorded covenant, not to engage in short term rentals of any apartment units. These provisions shall only apply to projects that have obtained a full building permit or certificate of use by December 31, 2025, and there shall be no variances from any of the above noted provisions.
The proposed increase in building height in the R-PS1 and R-PS2 districts is commensurate with the proposed increase in maximum FAR. Although this additional height will be slightly taller than what is currently permitted, it will only be applicable to a limited number of properties.
Modest and context sensitive increases in allowable FAR and building height for residential apartment uses in the R-PS1 and R-PS2 districts would likely not have a negative impact, as the applicable area is limited. Additionally, the maximum FAR and height permitted in these districts is already relatively modest. Since most of the apartment hotel uses are in smaller, older buildings, a small increase in allowable FAR and/or building height may incentivize a re-conversion back to residential only use.
Finally, pursuant to Section 1.03(c) of the City Charter, the proposed increase in FAR would require voter approval. As such, should this Ordinance move forward, only approval of the Ordinance at First Reading may take place, prior to the November election. If the item is placed on the November ballot, and it is approved by a majority of City of Miami Beach voters, Second Reading / Adoption of the Ordinance would be scheduled for December 2022.
APPLICATION FEE WAIVER
The subject amendment is being referred on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The City Manager has determined that the proposed amendment is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission refer the subject Ordinance to the Planning Board.
3. The City Commission direct the City Attorney to prepare a ballot question regarding the proposed FAR increase contemplated in the attached draft Ordinance. |
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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 Mark Samuelian |
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