| | | | | | | |  | Ordinances - R5 J
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 22, 2022 | | | | 1:40 p.m. First Reading Public Hearing
| | SUBJECT: | C-PS2 DEVELOPMENT REGULATIONS - 4TH STREET OVERLAY
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 142-693, ENTITLED “PERMITTED USES,” TO MODIFY AND AMEND PERMITTED, ACCESSORY AND CONDITIONAL USES WITHIN THE C-PS2 ZONING DISTRICT SOUTH OF FIFTH STREET; BY AMENDING SECTION 142-698, ENTITLED “COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS,” BY AMENDING MAXIMUM PERMITTED HEIGHT WITHIN THE C-PS2 ZONING DISTRICT LOCATED SOUTH OF FIFTH STREET; 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 schedule a Second Reading Public Hearing for July 20, 2022. |
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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 the following direction:
1. The Administration shall further 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.
2. The resident supervisor requirement for apartment hotels shall be fully enforced in conjunction with the Customer Service and Code Compliance Departments. An update will be provided to the LUSC.
3. The Administration will prepare a draft for a 4th Street Overlay.
4. In conjunction with the Parking and Police Departments, the code provisions regarding the use of handicap placards shall be enforced and an update will be provided to the LUSC.
5. A separate meeting with affected residents shall be scheduled with the Transportation Department to provide a status update on the traffic calming initiative for the South of Fifth Street area. The Transportation Department will look at how this traffic calming initiative may be accelerated, as well as temporary improvements such as bumps. An update will be provided to the LUSC.
6. A meeting will be organized with all applicable City Departments and affected stakeholders within the South of 5th area to further discuss ways to improve residents’ quality of life and provide an update to the LUSC.
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 LUSC meeting of 2022.
On February 11, 2022 the LUSC discussed the item and took the following action:
1. Recommended that the City Commission transmit the proposed LDR amendment pertaining to FAR and Height incentives for converting existing apartment hotels to residential to the Planning Board for review and recommendation. Additionally, the LUSC included a modification that the Ordinance include a sunset period and incorporate language for a voluntary covenant for short-term rentals.
On March 9, 2022 the City Commission referred the subject Ordinance to the Planning Board, including the revisions recommended by the LUSC. The Planning Board endorsed this Ordinance on April 26, 2022, and it was approved at First Reading on May 4, 2022, along with the corresponding ballot question for an increase in FAR. If the ballot question is approved by voters in August, Second Reading of this Ordinance would be set for the September 14, 2022 City Commission meeting.
2. Continued the remainder of the item to the April 8, 2022 LUSC meeting to discuss the following:
a. An update on the enforcement of apartment hotel provisions, including all violations issued to date, and recommendations for enhanced penalties.
b. Updated information on the maximum occupational load for hotel units under the Florida Building Code and Life-Safety Code.
c. The framework for a potential 4th Street overlay.
On April 8, 2022 the LUSC recommended that the proposal for a 4th Street Overlay be referred to the Planning Board, for consideration as an Ordinance Amendment. On May 4, 2022 the City Commission referred the proposed 4th Street Overlay to the Planning Board. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
Attached is a draft Ordinance creating an overlay for properties zoned C-PS2 and located between 4th and 5th Streets. The following is a summary of the key provisions of the proposed overlay along 4th Street, which would be prospective (existing uses and developments would be grandfathered):
Building Height
To address the potential future issues of context along the north side of 4th Street, maximum overall building height is proposed to be limited to 50 feet within the first 100 feet on the north side of 4th Street, regardless of use. A maximum height of 50 feet within this portion of the overlay would still allow for an appropriate and sensible distribution of the maximum FAR of 2.0. Additionally, under the certificate of appropriateness criteria in the Code, the Historic Preservation Board has significant latitude in requiring adjustments to overall building height, massing and the distribution of allowable building volume.
The Administration does not recommend limiting building height to anything less than 50 feet within any portion of the proposed overlay, as it could disproportionally affect smaller lots and development sites that do not have enough area to distribute the maximum allowable FAR. In this regard properties within the C-PS2 district have a maximum FAR of 2.0. As such, some flexibility in terms of overall building height is needed to allow for adequate architectural latitude in the distribution of this allowable volume.
Alcoholic Beverage and Transient Use Restrictions
The following regulations would apply to properties located between 4th Street and 5th Street within the C-PS2 district, including more specific regulations for portions of properties within 100 feet of the north side of 4th Street:
• Outdoor ambient music and television sets would be prohibited within 100 feet of the north side of 4th Street, unless approved by the Planning Board, pursuant to the Conditional Use criteria.
• Access points to hotel uses, as well as food and beverage establishments serving alcohol, would be limited to side streets only, and would not be permitted on 4th Street. Additionally, a minimum setback from the north side of 4th Street, for all public entry points, is required.
• Certain nuisance uses have been added to a list of prohibited uses for the larger C-PS2 district. These uses include convenience stores, smoke/vape stores, package stores and the retail sale of alcohol for off premise consumption.
The regulations contained in the attached draft Ordinance are intended to create a buffer between the potentially more intense future uses permitted in the C-PS2 district on the north side of 4th Street and the lower scale residential uses on the south side of 4th Street. The Administration believes the regulations in the proposed overlay represent a careful balance between tangible development within the C-PS2 district and providing a sensitive transition to the residential areas to the immediate south.
PLANNING BOARD REVIEW
The Planning Board is scheduled to hold a public hearing on June 21, 2022 and transmit the Ordinance to the City Commission with a recommendation. The Administration will update the City Commission on the Planning Board recommendation at the Commission meeting.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission approve the subject Ordinance at First Reading and schedule a Second Reading Public Hearing for July 20, 2022. |
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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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