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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 3
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: April 19, 2023
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| | | | | | | | | TITLE: | AMENDMENTS TO THE CITY'S LAND DEVELOPMENT REGULATIONS RELATING TO LIVE-WORK UNITS IN MIXED USE BUILDINGS IN THE CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT. |
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| | | | | | | | HISTORY:
| On February 1, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the proposed amendment (Item C4 B), to the Land Use and Sustainability Committee (LUSC) and the Planning Board. On March 1, 2023 the proposal was deferred to the April 19, 2023 LUSC meeting.
BACKGROUND
The CD-2 (Commercial, Medium Intensity) zoning district permits a range of medium intensity commercial uses, including office, retail, restaurants, and personal service, as well as residential and hotel uses. The maximum floor area ratio (FAR) permitted in the CD-2 district is 1.5, and up to .5 bonus FAR is available for residential or hotel uses. This .5 bonus was originally drafted to encourage and incentivize a mix of residential or hotel uses within the CD-2 district. |
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| | | | | | | | ANALYSIS:
| Recently, inquiries have been made by representatives of affected property owners regarding the ability to utilize live-work units as part of the .5 FAR bonus in the CD-2 district. The Land Development Regulations of the City Code (LDR’s), define live-work as follows:
Live-work shall mean residential dwelling unit that contains a commercial or office component which is limited to a maximum of 70 percent of the dwelling unit area.
Although live-work units are a hybrid of an office and residential unit, under the CD-2 regulations, they do not qualify as a residential use for purposes of the .5 FAR bonus.
Subsequent to the deferral of this item at the March 1, 2023 LUSC meeting, a request from representatives of an affected property owner was made to modify the proposal by creating a new definition for residential office use in Section 114-1 as follows:
Residential office unit shall mean a residential dwelling unit that contains a commercial or office component which is limited to a maximum of 65 percent of the dwelling unit area.
Additionally, the following revised text amendment has been proposed to allow for residential office to be included in the .5 FAR bonus in the CD-2 district:
Section 142-307 - Development Regulations (CD-2)
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(d) Mixed use buildings: Calculation of floor area ratio:
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(1) Floor area ratio. When more than 25 percent of the total area of a building is used for residential, residential office, or hotel units, the floor area ratio range shall be as set forth in the RM-2 district. New development or redevelopment that includes residential office units may only be eligible for the floor area ratio range as set forth in the RM-2 district in the event that the property owner elects, at the owner’s sole discretion, to voluntarily execute a restrictive covenant running with the land, in a form approved by the city attorney affirming that, in perpetuity, none of the residential office units on the property shall be leased or rented for a period of less than six months and one day.
The attached draft ordinance contains both amendments.
Currently, either live-work units, or the proposed new definition of residential office units, can occupy up to 1.5 FAR in buildings located in the CD-2 district. However, since both types of units are separate and apart from residential and hotel uses, they are not currently eligible for the .5 FAR bonus.
Since the LDRs are proposed to be amended in a manner that allows a new use (live-work or residential office) to exceed the current maximum FAR of 1.5 in the CD-2 district, there are implications with regard to Section 1.03(c) of the City Charter. The City Attorney is currently evaluating the potential Charter implications as it relates to the proposed LDR amendment. Prior to second reading adoption of any ordinance amendment effectuating the proposed bonus FAR modification in the CD-2 district, voter approval may be required.
The Administration has no objection to an LDR amendment that would include live-work units as part of the allowable .5 bonus FAR in the CD-2 district, as it would further the city’s goals of promoting live-work options for residents. However, there is no practical difference between a live-work unit, as currently defined in the LDR’s, and the proposed new definition for residential office. As such, it is recommended that the proposal move forward by adding live-work to the list of eligible uses for the .5 bonus, and that the proposed definition for residential office not be included.
It is important to note that by their nature, live-work units are potentially less of a residential use and could be more oriented toward office use, as up to 70% of the unit can be occupied by office or commercial space. This is germane to the discussion as the proposed amendment would allow the .5 FAR bonus in the CD-2 district to be shifted away from residential or hotel uses and used for a more office-oriented hybrid.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee endorse the proposed amendment to the LDRs, modified as recommended herein to remove the definition for residential office unit, and provide a favorable recommendation to the Planning Board. |
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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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| ATTACHMENTS: | | Description | Type |  | DRAFT ORD | Ordinance |
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