| | | | | | | | | |  City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 8.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: February 26, 2024
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| | | | | | | | TITLE: | AMEND HEIGHT AND OTHER DEVELOPMENT REGULATIONS IN THE RESILIENCY CODE FOR ZONING DISTRICTS IN NORTH BEACH IN ORDER TO PROTECT THE CHARACTER OF THE NEIGHBORHOOD, INCLUDING NORTH BEACH HISTORIC DISTRICTS |
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| | | | | | | | HISTORY:
| On January 31, 2024, at the request of Commissioner Alex Fernandez, the City Commission referred the subject discussion item (C4 D) to the Land Use and Sustainability Committee (LUSC) and the Planning Board.
As noted in the attached referral memo, on September 13, 2023, the City Commission referred an item to the Planning Board to amend height and other development regulations in South Beach to protect the character of Ocean Drive and the City's historic districts in South Beach. This was in response to the adoption of the Live Local Act by the Florida Legislature. Presently, local governments may not restrict the height of a development proposed pursuant to the Live Local Act below the highest currently allowed height located in its jurisdiction within 1 mile of the proposed development.
Similar to the approach for South Beach, the sponsor is requesting that the LUSC discuss the following:
1. Whether amendments to the Land Development Regulations of the City Code (LDRs) are necessary for North Beach to protect the character of the North Beach neighborhoods and its historic districts.
2. How any such amendments should take into account modifications to the Live Local Act that the Legislature may adopt during the current legislative session.
3. The amendments must be sensitive to the City Commission’s vision for the North Beach Town Center, and do not limit a property owner's ability to construct the property’s zoned floor area ratio ("FAR").
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| | | | | | | | ANALYSIS:
| The Live Local Act applies to mixed use, commercial, and industrial zoning districts; in North Beach, this would include the CD-1, CD-2, TC-2, TC-1, TC-C, and MXE districts. However, maximum building heights for development projects proposed pursuant to the Live Local Act could increase up to 235 feet, as they are within a one-mile proximity of the following districts that have a maximum height limit of between 200 and 235 feet (see attached map):
• TC-C: Maximum height limit of 220 feet.
• RM-3: Maximum height limit of 200 feet.
• MXE and CD-2 within Ocean Terrace Overlay: Maximum height limit of 235 feet.
To minimize potential impacts on surrounding historic districts, reducing the maximum height limits in the TC-C, RM-3, and Ocean Terrace areas could be considered. However, this could create non-conforming buildings, as well as limit the potential of future developments to achieve their maximum development intensity. In particular, within the North Beach Town Center (TC-C) several new developments are in the planning stages.
The North Beach area includes the following historic districts:
• Normandy Isles
• North Shore
• Altos del Mar
• Harding Townsite
Only the Normandy Isles and Harding Townsite Historic Districts contain commercial (CD-2) or mixed-use (MXE) parcels that are affected by the Live Local Act. There are no industrial sites in the North Beach area.
Within the Normandy Isles Historic District, there is only one parcel that falls within an affected district (CD-2). However, the remainder of the Normandy Isles commercial district does fall within the Normandy Isles National Register District, which consists of a relatively low scale character. To protect this character, the following amendments could be considered for the CD-2 Districts located on Normandy Isles:
• Establish a minimum front setback requirement of 110 feet for the portion of buildings above 60 feet in height.
• Establish a minimum rear setback requirement of 5 feet for the portion of buildings above 60 feet in height.
• Establish a minimum side facing a street setback requirement of 45 feet for the portion of buildings above 60 feet.
• Establish a minimum interior side setback requirement of 45 feet for the portion of buildings above 60 feet in height.
• Limit lot aggregation to no more than three (3) platted lots.
The portions of the Harding Townsite Historic District that are east of Collins Avenue are in the CD-2 and MXE districts and located within the Ocean Terrace Overlay, which, as mentioned above, has a height limit of 235 feet. The area already contains a project with approvals for a high-rise apartment building and two (2) additional towers. Given existing height limits and approvals, no changes to setbacks or lot aggregation are suggested for this area.
The area west of Collins Avenue is in the CD-2 district and consists of lower scale commercial buildings. To protect the established character within this area, the following amendments could be considered for the CD-2 properties in the Harding Townsite Historic District located west of Collins Avenue:
• Establish a minimum front setback requirement of 140 feet for the portion of buildings above 60 feet in height.
• Establish a minimum rear setback requirement of 5 feet for the portion of buildings above 60 feet in height.
• Establish a minimum side facing a street setback requirement of 45 feet for the portion of buildings above 60 feet.
• Establish a minimum interior side setback requirement of 45 feet for the portion of buildings above 60 feet in height.
• Limit lot aggregation to no more than two (2) platted lots.
The tower setback modifications noted above would ensure that future developments above 60 feet in height are setback away from street frontages and adjacent properties. This would minimize the potential impact of any tower on adjacent properties, rights of way, and public parks. The limitation on lot aggregation would ensure that new development is consistent with the development patterns of the respective areas and that the mass of future buildings would not be excessive in relation to the surrounding areas.
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| | | | | | | | CONCLUSION:
| The Administration recommends that the Land Use and Sustainability Committee discuss the item and provide a recommendation to the Planning Board and City Commission. |
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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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