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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 6
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: | AMENDMENT TO COMMERCIAL PERFORMANCE STANDARD AREA REQUIREMENTS TO CLARIFY TREATMENT OF CERTAIN BELOW GRADE AREAS |
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| | | | | | | | HISTORY:
| On February 22, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4 B) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
BACKGROUND
A commercial tenant in the 1 Ocean building, located on the north side of South Pointe Drive, between Ocean Drive and Collins Avenue, is seeking to build out and enclose an open area located behind existing commercial storefronts. According to the original permit plans for the build out of the commercial spaces at the 1 Ocean site, below grade areas were calculated at ½ FAR and such FAR was not utilized.
At the time of the build out of the commercial spaces at the 1 Ocean site in 2012, the definition of floor area in the Land Development Regulations of the City Code (LDRs) contained an exception for areas of a building that were partially below grade. However, this exception for building areas partially below grade was amended in 2015 and limited to contributing structures in historic districts. As such, the commercial space at 1 Ocean is not currently eligible for the partially below grade floor area exception. |
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| | | | | | | | ANALYSIS:
| The attached draft ordinance proposes to amend the list of exceptions to the definition of floor area in Section 114-1 of the LDRs, specific to applicable parcels located within the Block 1 properties in the South of Fifth Street area. For reference, the Block 1 properties, as more specifically defined in Section 142-698 of the LDRs, are located within the block bounded by South Point Drive and First Street, between Collins Avenue and Ocean Drive, and include the 1 Ocean site.
Currently, the definition of ‘floor area’, in Section 114-1, has a full exception for floor area located below grade when the top of the slab of the ceiling is located at or below grade; generally, grade is defined as sidewalk elevation. However, for existing contributing structures that are located within a local historic district, national register historic district, or local historic site, when the top of the slab of an existing ceiling of a partial basement is located above grade, only one-half of the floor area of the corresponding floor that is located below grade is included in the floor area ratio calculation.
The proposal herein would allow structures located within Block 1 Properties, as more specifically defined in section 142-698(a) of the LDRs, to be eligible for this exception pertaining to only one-half of the floor area of the corresponding floor that is located below grade being included in the floor area ratio calculation. The Administration is supportive of this proposal as it is limited in scope and consistent with the development regulations in place when the Block 1 parcels were previously developed.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee endorse the attached draft ordinance and recommend that the Planning Board transmit the proposal to the City Commission with a favorable recommendation. |
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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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| ATTACHMENTS: | | Description | Type |  | DRAFT ORD | Ordinance |
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