| | | | | | | |  | Ordinances - R5 N
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | July 20, 2022 | | | | First Reading
| | SUBJECT: | NORTH BEACH OCEANSIDE RESORT OVERLAY - COMPREHENSIVE PLAN AMENDMENT
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, POLICY RLU 1.1.7, ENTITLED "HIGH DENSITY MULTIFAMILY RESIDENTIAL (RM-3)," TO MODIFY THE FLOOR AREA RATIO (FAR) LIMITS FOR PROPERTIES WITHIN THE "NORTH BEACH OCEANSIDE RESORT OVERLAY"; AND DESIGNATING THE "NORTH BEACH OCEANSIDE RESORT OVERLAY" ON THE FUTURE LAND USE MAP, WHICH SHALL INCLUDE THOSE SPECIFIC PARCELS FRONTING THE EAST SIDE OF COLLINS AVENUE IN THE AREA NORTH OF 65TH STREET AND SOUTH OF 69TH STREET AS MORE SPECIFICALLY IDENTIFIED ON THE ATTACHED OVERLAY MAP; PURSUANT TO THE PROCEDURES IN SECTION 163.3184, FLORIDA STATUTES; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, 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 December 7, 2022. |
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| | | | | | | | BACKGROUND/HISTORY
| | On May 25, 2022, the City Commission referred the subject proposal to the Land Use and Sustainability Committee (LUSC) and the Planning Board (item C4 F). The sponsor of the proposal is Mayor Dan Gelber. The LUSC reviewed the item on July 7, 2022 and recommended approval. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The proposal herein has been put forth by representatives of the new developer of the Deauville Hotel site, located at 6701 Collins Avenue. The attached Ordinance amendments to the Land Development Regulations and Comprehensive Plan would establish a new overlay district entitled the “North Beach Oceanside FAR Overlay.” The proposed overlay is generally located on the eastside of Collins Avenue between approximately 66th and 68th Streets and, as contemplated by the proposer, is approximately 232,949 square foot (5.35 acres) in area. (See attached overlay map).
For reference, the underlying zoning district and future land use designation is “RM-3, Residential Multifamily, High Intensity,” which has a maximum height limit of 200 feet and a maximum intensity / floor area ratio (FAR) limit of 3.0 at the subject site. There is also additional FAR available for the sole purpose of providing hotel amenities as follows: the lesser of 0.15 FAR or 20,000 square feet.
The proposed overlay would modify the underlying zoning regulations as follows:
1. For structures developed on a site with a lot area greater than 150,000 square feet, the maximum allowable height shall be 375 feet.
2. The base FAR for the North Beach Oceanside Resort Overlay shall be 3.0. However, for a unified development site within the proposed overlay the base FAR shall be 4.5 if the following conditions are met:
A. The lot area of the unified development site is at least 150,000 square feet.
B. The development project includes a new or existing hotel with at least 150 hotel rooms.
C. The residential density shall be limited to 75 dwelling units per acre.
D. The developer enters into a development agreement with the City, pursuant to Chapter 163, Florida Statutes.
3. Hotel units within a building containing residential units shall not count towards residential density, notwithstanding any provisions in this code to the contrary.
4. A development agreement shall be required within the North Beach Oceanside FAR Overlay, pursuant to F.S. Chapter 163.
The proposal also contains a companion Comprehensive Plan Amendment, which amends Policy RLU 1.1.7, High Density Multifamily Residential District (RM-3), to provide that those eligible properties located in the North Beach Oceanside FAR Overlay may have a base FAR of up to 4.5. The same benchmarks for achieving a higher intensity listed in the LDR’s are also provided in the Comprehensive Plan Amendment. This amendment is consistent with and would provide for the implementation of the proposed LDR amendment.
CITY CHARTER ANALYSIS
The proposal to increase the maximum allowable FAR within the overlay is affected by Section 1.03(c) of the City Charter, which partially states the following:
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 zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
As the proposed Ordinance requires voter approval, only approval at First Reading may take place prior to a citywide election. If the subject Ordinance is approved at First Reading on July 20, 2022, a corresponding ballot question would also need to be approved by the City Commission on July 20, 2022. If the proposed FAR increase is approved by a majority of City of Miami Beach voters in the November election, Second Reading / Adoption of the Ordinance would be scheduled for the next available City Commission meeting after the election.
COMPREHENSIVE PLANNING REVIEW PROCESS
This referral includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.
PLANNING BOARD REVIEW
The Planning Board held a public hearing on June 21, 2022 and transmitted the Ordinance to the City Commission with a favorable recommendation (5-1). The Planning Board also recommended the following:
1. The boundaries of the Amendment be expanded to include the property to the south on Blocks 40, 41 and 42 (Sherry Frontenac Hotel Site) and that the minimum lot size requirement of 150,000 square feet be deleted.
For ease of review, a separate version of the Comprehensive Plan Amendment Ordinance endorsed by the Planning Board (Planning Board Version) is attached.
SUMMARY
The proposed increase in development intensity (FAR) is subject to voter approval in a city-wide referendum. If the proposed FAR increase is approved by voters, and the enabling legislation (LDR and Comprehensive Plan Ordinances) are adopted by the City Commission, any future development within the overlay would still be subject to the review and approval of the Historic Preservation Board (HPB).
To date, only a very modest amount of information has been provided regarding the proposed vision for the overlay, which will be a critical component of this endeavor, particularly the distribution of the future buildings scale, mass and volume. Additionally, the interaction of the future project with the street and sidewalk along Collins Avenue, as well as the beach walk, must be well thought out as these connections will be critical to the success of any future project. As part of the review of the certificate of appropriateness for the future project, the Historic Preservation Board is likely going to look at how the Deauville Hotel can be either referenced or used as inspiration for the future project.
As it pertains to the boundaries of the proposed overlay, the Administration recommends that any FAR increase be limited to the boundaries set forth in the original draft Ordinance, which are lots 43, 44, 45, and the south 25 feet of Lot 46, in Block 1. These lots comprise the existing Deauville hotel site, as well as the smaller vacant parcels to the immediate north and south.
The Administration does not recommend approving the Planning Board version of the Ordinance, which removes the requirement for a minimum development site of 150,000 square feet and expands the boundaries of the overlay to include the property to the immediate south (Sherry Frontenac site). The following are the reasons that the Planning Board version of the Ordinance should not be approved:
1. The proposed overlay has been conceived, and plans are currently being developed, within the original boundaries. Although details of this plan have yet to be released, the Administration believes that such a large FAR and height increase needs to be more limited, and specific to a parcel that is in the process of being developed.
2. A minimum lot size of 150,000 square feet is critical to ensure that such a large increase in FAR and building height can be appropriately distributed. This minimum development site requirement also leaves open the flexibility of adding the smaller, vacant parcels to the immediate north and south of the Deauville, should the opportunity present itself.
3. There has been no vision or plan for how additional FAR would be utilized or distributed on the Sherry Frontenac site. The Administration has serious concerns that a blanket increase in FAR on this site to 4.5 would have significant repercussions on the scale, character, and architecture of the Sherry Frontenac, which is a contributing structure, particularly given the limited overall size of the lot. Additionally, such a large increase in FAR could encourage a future owner to propose substantial demolition to the contributing building to maximize the increased FAR.
4. Adding an additional property to the overlay opens the door for other properties to make the same argument. The intent of this overlay is more limited, and including additional parcels goes well beyond the initial scope. If other parcels desire an overlay, they can certainly present a separate development proposal at a future date for consideration.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improve North Beach |
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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 December 7, 2022. Additionally, the following is recommended:
1. The overlay boundaries of the Ordinance shall be limited to lots 43, 44, 45, and the south 25 feet of Lot 46, in Block 1, and the maximum intensity of 4.5 shall only be permitted if the lot area of the unified development site is at least 150,000 square feet. |
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| | | | | | | | Applicable Area
| | North 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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