Item Coversheet

Ordinances - R5  G




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:March  27, 2023
 

First Reading

SUBJECT:

VOTER ENACTED INCENTIVES FOR OFFICE USES IN C-PS1 DISTRICT - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, PURSUANT TO THE PROCEDURES IN SECTION 163.3187, FLORIDA STATUTES, TO AMEND INTERPRETIVE TEXT OF THE MIAMI BEACH COMPREHENSIVE PLAN, BY CHANGING THE INTERPRETIVE TEXT OF THE LIMITED MIXED-USE COMMERCIAL PERFORMANCE STANDARD (C-PS1) DESIGNATION TO CREATE A FLOOR AREA RATIO INCREASE LIMITED TO REDEVELOPMENTS THAT INCLUDE OFFICE OR RESIDENTIAL USES WITHIN THE NEW FIRST STREET OVERLAY AND DESIGNATING THE FIRST STREET OVERLAY ON THE FUTURE LAND USE MAP; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 28, 2023.

BACKGROUND/HISTORY

On July 20, 2022, at the request of Commissioner Alex Fernandez, the City Commission adopted Resolution 2022-32256, placing a ballot question regarding a floor area ratio (FAR) incentive for residential and office uses on Washington Avenue Between 1st and 2nd Streets on the November 8, 2022, general election ballot (Item R7 V). On November 8, 2022, the ballot measure was approved by 55.11% of the voters.

On December 14, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred the proposed ordinances to the Planning Board (Item C4 W).

ANALYSIS

The city is currently experiencing increased demand for office space and residential uses, and the South of Fifth neighborhood has been affected by an increase in transient uses, such as hotels and the short-term rental of apartments. The proposed legislation establishes new development regulations to incentivize office and residential uses, while simultaneously limiting transient uses. These regulations are consistent with the City’s goals of creating a community where residents can live, work, and play.

The attached amendments to the Comprehensive Plan, and corresponding amendments to the Land Development Regulations of the City Code (LDRs), apply to eligible properties within the C-PS1 future land use designation on the east side of Washington Avenue between 1st and 2nd Streets (see attached zoning, future land use and aerial maps). Specifically, the proposal establishes a “First Street Overlay,” which allows for an increase in the maximum FAR from 1.0 to 2.0, as well as an additional 0.7 FAR for residential and office uses.

The increase in the base FAR to 2.0 is consistent with the FAR that existed in the area prior to the 1999 citywide downzoning. To be eligible for the extra 0.7 FAR, a property owner would have to voluntarily execute a restrictive covenant, in perpetuity, confirming that the property shall not be used as a hostel, hotel, apartment-hotel, and/or suite-hotel use, and none of the residential units on the property shall be leased or rented for a period of less than six months and one day.

The proposed LDR amendment would also allow rooftop additions to existing non-contributing buildings to have a maximum building height of up to 90 feet, notwithstanding the current height limit of 40 feet (commercial uses) and 75 feet (residential uses) in the C-PS1 district. Any rooftop addition would be subject to the review and approval of the historic preservation board (HPB), as well as all applicable provisions regarding line of sight in Section 142-1161 of the LDR’s. There is only one (1) non-contributing building within the First Street Overlay that would be eligible to take advantage of this roof-top addition provision, which is the existing office building located at 119 Washington Avenue. In this regard, the property would be eligible to make an application to the Historic Preservation Board (HPB) to enclose open spaces and construct a rooftop addition, subject to all applicable requirements contained in the ordinance.

As noted in the attached concurrency analysis, given the limited area covered by the proposal, the proposed increase in FAR is not expected to have a negative impact on transportation and mobility. In this regard, there is only a potential increase of 32 vehicle trips, due to the mixed-use nature of the area and existing access to public transportation and alternative transportation modes. Also, the proposal does not modify the maximum residential density for the site, which remains at 80 units per acre; as such levels of service specific to residential population are not impacted. However, prior to the submittal of any building permits, a full concurrency review will be required to determine the actual impact and mitigation requirements of any proposed development.

CITY CHARTER ANALYSIS
The proposal to modify the maximum FAR 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.

The proposed ordinance would increase the zoned FAR for the affected parcels. As a result, the following question was submitted to the electors of the City of Miami Beach:

FAR Incentive for Residential and Office Uses on
Washington Avenue Between 1st and 2nd Street

City Charter requires voter approval before increasing a property’s floor area ratio (“FAR”) (how City regulates building size).

FAR in 1st Street Overlay (located east side of Washington Avenue between 1st and 2nd Streets) is 1.0, although previously FAR was 2.0.

Shall City increase FAR from 1.0 to 2.0 in 1st Street Overlay, with FAR incentive from 2.0 to 2.7 for redevelopments that include residential or office uses, and prohibit hotels and short-term rentals?

On November 8, 2022, the ballot measure was approved by 55.11% of the voters. Therefore, the proposed ordinance can be considered for adoption by the City Commission.

COMPREHENSIVE PLANNING REVIEW PROCESS
The proposal requires an 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
On February 28, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No fiscal impact anticipated. 

CONCLUSION

The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for April 28, 2023.

Applicable Area

South Beach
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 
Legislative Tracking
Planning
Sponsor
Commissioner Alex Fernandez

ATTACHMENTS:
Description
Zoning and FLUM MAPS
Aerial MAP
Concurrency Analysis
Ordinance