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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 7
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: March 1, 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.
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 (LDRs), 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. As such, the following text amendment has been proposed:
Section 7.2.11.3 Development Regulations (CD-2)
a. The development regulations in the CD-2 commercial, medium intensity district are as follows:
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Maximum FAR: 1.5
Mixed Use Buildings (When more than 25 percent (25%) of the total area of a building is used for residential, live work or hotel units): 2.0
Currently, live work units can occupy up to 1.5 FAR in buildings located in the CD-2 district. However, since live work is separate and apart from residential and hotel uses, such units are not currently eligible for the .5 FAR bonus.
Since the LDR’s are proposed to be amended in a manner that allows a new use (live work) to exceed the current maximum FAR of 1.5 in the CD-2 district, there may be 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 the proposed 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, 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 important to point out 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 discuss the proposed amendment to the LDRs 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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